EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0536*
SENATE BILL 536
M3, E4 4lr2126
CF HB 680
By: Senator Jackson
Introduced and read first time: January 24, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable
Senate action: Adopted
Read second time: March 3, 2024
CHAPTER ______
AN ACT concerning 1
Environment – Nuclear Power Plants – Emergency Preparedness 2
(Radiation and Emergency Preparedness and Protection Act) 3
FOR the purpose of establishing the Radiation Emergency Response Program in the 4
Department of the Environment; requiring the Department of the Environment to 5
serve as an off–site response organization and the lead State agency for all nuclear 6
incidents within the State; requiring the Department of the Environment to prepare 7
a technical emergency radiation response plan, respond to emergencies involving a 8
nuclear power plant, participate in a certain federal program, and procure certain 9
specialized equipment; requiring the owner of a nuclear power plant to remit certain 10
fees to the Department of the Environment for a certain purpose; authorizing the 11
Department of the Environment to annually increase certain fees under certain 12
circumstances; requiring the Department of the Environment to transfer a certain 13
fee collected to the Maryland Department of Emergency Management for 14
radiological emergency response preparedness activities; establishing the Radiation 15
Emergency Response Fund as a special, nonlapsing fund; requiring interest earnings 16
of the Fund to be credited to the Fund; and generally relating to nuclear power plants 17
and emergency preparedness. 18
BY repealing and reenacting, with amendments, 19
Article – Environment 20
Section 8–101 and 8–102 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2023 Supplement) 23
2 SENATE BILL 536
BY adding to 1
Article – Environment 2
Section 8–701 through 8–704 to be under the new subtitle “Subtitle 7. Emergency 3
Preparedness” 4
Annotated Code of Maryland 5
(2013 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – State Finance and Procurement 8
Section 6–226(a)(2)(i) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – State Finance and Procurement 13
Section 6–226(a)(2)(ii)189. and 190. 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – State Finance and Procurement 18
Section 6–226(a)(2)(ii)191. 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Environment 24
8–101. 25
(a) In this title the following words have the meanings indicated. 26
(b) “Board” means the Radiation Control Advisory Board. 27
(c) “Emergency” means a sudden and unforeseen condition of such public gravity 28
and urgency that it requires immediate response to protect the public health and welfare. 29
(D) “EMERGENCY PLANNING ZO NE” MEANS A PLUME EXPOSU RE PATHWAY 30
EMERGENCY PLANNING Z ONE, AS DESCRIBED IN 10 C.F.R. § 50.47(C)(2). 31
[(d)] (E) “General license” means a license that, under the rules and regulations 32
adopted by the Department under this title, is effective without the filing of an application 33
by the licensee. 34
(F) “NUCLEAR INCIDENT ” MEANS ANY OCCURRENCE , INCLUDING AN 35 SENATE BILL 536 3
EXTRAORDINARY NUCLEA R OCCURRENCE , OR SERIES OF OCCURRE NCES AT A 1
NUCLEAR POWER PLANT WITH THE POTENTIAL F OR CAUSING BODIL Y INJURY, 2
SICKNESS, DISEASE, DEATH, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE OF 3
PROPERTY RESULTING F ROM THE RADIOACTIVE , TOXIC, EXPLOSIVE, OR OTHER 4
HAZARDOUS PROPERTIES OF THE RADIOACTIVE M ATERIAL USED BY A NU CLEAR 5
POWER PLANT OR STORE D ON ITS PROPERT Y. 6
(G) (1) “NUCLEAR POWER PLANT ” MEANS ANY FACILITY C APABLE OF 7
PRODUCING ELECTRICIT Y USING NUCLEAR ENER GY: 8
(I) 1. THAT IS LOCATED IN TH E STATE; OR 9
2. WITH AN EMERGENCY PLA NNING ZONE THAT 10
INCLUDES ANY AREA OF THE STATE; AND 11
(II) FOR WHICH THE DEPARTMENT PARTICIPAT ES IN PLANNING 12
AND RESPONSE ACTIVIT IES RELATED TO THE F ACILITY. 13
(2) “NUCLEAR POWER PLANT ” INCLUDES A FACILITY WITH ONE OR 14
MORE NUCLEAR POWER R EACTORS THAT : 15
(I) HAS SPENT NUCLEAR FUE L STORED ONSITE ; 16
(II) HAS NOT BEEN FULLY D ISMANTLED AND DECOMM ISSIONED 17
IN ACCORDANCE WITH A PPLICABLE FEDERAL LA W AND REGULATIONS ; OR 18
(III) HAS NOT BEEN GRANTED LICENSE TERMINATION BY THE U.S. 19
NUCLEAR REGULATORY COMMISSION. 20
(H) “NUCLEAR REGULATORY COMMISSION” MEANS THE U.S. NUCLEAR 21
REGULATORY COMMISSION OR ANY SUC CESSOR ENTITY RESPON SIBLE FOR FEDERAL 22
REGULATION OF NUCLEA R ENERGY. 23
(I) “OFF–SITE RESPONSE ORGANI ZATION” MEANS A STATE , LOCAL, OR 24
TRIBAL GOVERNMENTAL ORGANIZATION RESPONS IBLE FOR CARRYING OU T 25
EMERGENCY RESPONSE F UNCTIONS DURING A NUCLEAR INCIDENT . 26
[(e)] (J) “Person” includes any public or municipal corporation and any agency, 27
bureau, department, or instrumentality of State or local government and, to the extent 28
authorized by federal law, federal government. 29
[(f)] (K) “Radiation” means: 30
(1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta 31 4 SENATE BILL 536
particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear 1
particles or rays; 2
(2) Any electromagnetic radiation that can be generated during the 3
operation of a manufactured device that has an electronic circuit; or 4
(3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of 5
the operation, in a manufactured device, of an electronic circuit that can generate a physical 6
field of radiation. 7
[(g)] (L) “Specific license” means a license that, under the rules and regulations 8
adopted by the Department under this title, is effective only after the applicant files an 9
application and the Department approves the application. 10
8–102. 11
(a) The General Assembly finds that radiation: 12
(1) If used properly, can help to improve the health, welfare, and productivity 13
of the public; 14
(2) If used carelessly or excessively, may destroy life or health; and 15
(3) If used improperly, may impair the industrial and agricultural potential 16
of this State. 17
(b) It is the policy of this State: 18
(1) To encourage the constructive uses of radiation; [and] 19
(2) To control radiation; AND 20
(3) TO PROTECT THE PUBLIC FROM UNNECESSARY AND HARMFUL 21
EXPOSURE RESULTING F ROM A NUCLEAR INCIDE NT. 22
SUBTITLE 7. EMERGENCY PREPAREDNESS . 23
8–701. 24
(A) IT IS THE POLICY OF T HE STATE TO PROTECT THE PUBLIC AGAINST 25
ADVERSE HEALTH EFFEC TS RESULTING FROM NU CLEAR INCIDENTS AND MITIGATE 26
THE IMPACTS OF NUCLE AR INCIDENTS BY ESTABLI SHING A STATE OF REA DINESS 27
THROUGH EMERGENCY PR EPAREDNESS . 28
(B) THE GENERAL ASSEMBLY FINDS THAT T HE NUCLEAR INDUSTRY SHOULD 29
BEAR THE COSTS ASSOC IATED WITH DEVELOPIN G AND IMPLEMENTING P LANS TO 30 SENATE BILL 536 5
PREPARE FOR AND MITI GATE THE IMPACTS OF NUCLEAR INCIDENTS . 1
8–702. 2
(A) (1) THERE IS A RADIATION EMERGENCY RESPONSE PROGRAM. 3
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 4
(B) THE DEPARTMENT SHALL SERV E AS: 5
(1) AN OFF–SITE RESPONSE ORGANI ZATION; AND 6
(2) THE LEAD STATE AGENCY FOR PROT ECTIVE ACTIONS FOR AL L 7
NUCLEAR INCIDENTS WI THIN THE STATE. 8
(C) THE DEPARTMENT SHALL : 9
(1) (I) PREPARE A TECHNICAL E MERGENCY RADIATION R ESPONSE 10
PLAN FOR INCORPORATI ON INTO THE STATE EMERGENCY MANAG EMENT PROGRAM 11
DEVELOPED BY THE MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT IN 12
ACCORDANCE WITH TITLE 14 OF THE PUBLIC SAFETY ARTICLE; AND 13
(II) RESPOND TO EMERGENCIE S THAT INVOLVE A NUC LEAR 14
POWER PLANT ; 15
(2) PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT 16
ADMINISTRATION ’S RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 17
ACTIVITIES APPLICABL E TO EACH NUCLEAR PO WER PLANT; AND 18
(3) PROCURE SPECIALIZED S UPPLIES AND EQUIPMEN T FOR 19
RESPONDING TO EMERGE NCIES THAT INVOLVE A NUCLEAR POWER PLANT . 20
8–703. 21
(A) THE OWNER OF A NUCLEA R POWER PLANT SHALL , FOR EACH NUCLEAR 22
POWER PLANT OWNED , REMIT THE FEES REQUI RED UNDER THIS SECTI ON TO THE 23
DEPARTMENT . 24
(B) (1) ON OR BEFORE JULY 1, 2024, AND EACH JULY 1 THEREAFTER , 25
THE OWNER OF A NUCLE AR POWER PLANT SHALL PAY TO THE DEPARTMENT : 26
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSE CTION, A FEE 27
OF $300,000 FOR THE OPERATIONAL COSTS OF THE RADIATION EMERGENCY 28
RESPONSE PROGRAM; AND 29 6 SENATE BILL 536
(II) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS 1
SUBSECTION, A FEE OF $60,000 FOR RADIOLOGICAL EME RGENCY RESPONSE 2
PREPAREDNESS . 3
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE 4
DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION IN ACCORD ANCE WITH THE PERCEN TAGE INCREASE IN THE 6
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE WASHINGTON 7
METROPOLITAN AREA DURING THE PREVIOUS YE AR TO ENSURE ADEQUAT E 8
FUNDING FOR THE OPER ATIONAL COSTS OF THE RADIATION EMERGENCY 9
RESPONSE PROGRAM. 10
(II) THE DEPARTMENT MAY NOT AN NUALLY INCREASE THE 11
FEES UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y MORE THAN 3%. 12
(3) THE DEPARTMEN T SHALL TRANSFER THE FEE COLLECTED 13
UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION T O THE MARYLAND DEPARTMENT 14
OF EMERGENCY MANAGEMENT FOR RADIOL OGICAL EMERGENCY RES PONSE 15
PREPAREDNESS ACTIVIT IES. 16
(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(3) OF THIS SECTION , THE 17
FEES COLLECTED UNDER THIS SECTION SHALL B E PAID INTO THE RADIATION 18
EMERGENCY RESPONSE FUND UNDER § 8–704 OF THIS SUBTITLE . 19
8–704. 20
(A) IN THIS SECTION , “FUND” MEANS THE RADIATION EMERGENCY 21
RESPONSE FUND. 22
(B) THERE IS A RADIATION EMERGENCY RESPONSE FUND. 23
(C) THE PURPOSE OF THE FUND IS TO SUPPORT TH E COSTS OF DEVELOPIN G 24
AND IMPLEMENTING THE RADIATION EMERGENCY RESPONSE PROGRAM. 25
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 26
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 27
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 29
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 30
SENATE BILL 536 7
(F) THE FUND CONSISTS OF : 1
(1) FEES COLLECTED UNDER § 8–703(B)(1)(I) OF THIS SUBTITLE; 2
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 3
(3) INTEREST EARNINGS ; AND 4
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 5
THE BENEFIT OF THE FUND. 6
(G) THE FUND MAY BE USED ONLY FOR DEVELOPING AND I MPLEMENTING 7
THE RADIATION EMERGENCY RESPONSE PROGRAM, INCLUDING ADMINISTRA TIVE 8
EXPENSES. 9
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
THE FUND. 13
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
WITH THE STATE BUDGET . 15
(J) MONEY EXPENDED FROM T HE FUND FOR THE RADIATION EMERGENCY 16
RESPONSE PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO TAKE THE 17
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR THE 18
RADIATION EMERGENCY RESPONSE PROGRAM. 19
Article – State Finance and Procurement 20
6–226. 21
(a) (2) (i) Notwithstanding any other provision of law, and unless 22
inconsistent with a federal law, grant agreement, or other federal requirement or with the 23
terms of a gift or settlement agreement, net interest on all State money allocated by the 24
State Treasurer under this section to special funds or accounts, and otherwise entitled to 25
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 26
Fund of the State. 27
(ii) The provisions of subparagraph (i) of this paragraph do not apply 28
to the following funds: 29
189. the Teacher Retention and Development Fund; [and] 30 8 SENATE BILL 536
190. the Protecting Against Hate Crimes Grant Fund; AND 1
191. THE RADIATION EMERGENCY RESPONSE FUND. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 3
1, 2024. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.