MD
Maryland Senate Bill SB536

Maryland 2024 Regular Session

Maryland Senate Bill SB536 Compare Versions

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1- WES MOORE, Governor Ch. 645
21
3-– 1 –
4-Chapter 645
5-(Senate Bill 536)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0536*
89
9-Environment – Nuclear Power Plants – Emergency Preparedness
10-(Radiation and Emergency Preparedness and Protection Act)
10+SENATE BILL 536
11+M3, E4 4lr2126
12+ CF HB 680
13+By: Senator Jackson
14+Introduced and read first time: January 24, 2024
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: March 3, 2024
1119
12-FOR the purpose of establishing the Radiation Emergency Response Program in the
13-Department of the Environment; requiring the Department of the Environment to
14-serve as an off–site response organization and the lead State agency for all nuclear
15-incidents within the State; requiring the Department of the Environment to prepare
16-a technical emergency radiation response plan, respond to emergencies involving a
17-nuclear power plant, participate in a certain federal program, and procure certain
18-specialized equipment; requiring the owner of a nuclear power plant to remit certain
19-fees to the Department of the Environment for a certain purpose; authorizing the
20-Department of the Environment to annually increase certain fees under certain
21-circumstances; requiring the Department of the Environment to transfer a certain
22-fee collected to the Maryland Department of Emergency Management for
23-radiological emergency response preparedness activities; establishing the Radiation
24-Emergency Response Fund as a special, nonlapsing fund; requiring interest earnings
25-of the Fund to be credited to the Fund; and generally relating to nuclear power plants
26-and emergency preparedness.
20+CHAPTER ______
2721
28-BY repealing and reenacting, with amendments,
29- Article – Environment
30- Section 8–101 and 8–102
31- Annotated Code of Maryland
32- (2013 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
3323
34-BY adding to
35- Article – Environment
36-Section 8–701 through 8–704 to be under the new subtitle “Subtitle 7. Emergency
37-Preparedness”
38- Annotated Code of Maryland
39- (2013 Replacement Volume and 2023 Supplement)
24+Environment – Nuclear Power Plants – Emergency Preparedness 2
25+(Radiation and Emergency Preparedness and Protection Act) 3
4026
41-BY repealing and reenacting, without amendments,
42- Article – State Finance and Procurement
43-Section 6–226(a)(2)(i)
44- Annotated Code of Maryland
45- (2021 Replacement Volume and 2023 Supplement)
27+FOR the purpose of establishing the Radiation Emergency Response Program in the 4
28+Department of the Environment; requiring the Department of the Environment to 5
29+serve as an off–site response organization and the lead State agency for all nuclear 6
30+incidents within the State; requiring the Department of the Environment to prepare 7
31+a technical emergency radiation response plan, respond to emergencies involving a 8
32+nuclear power plant, participate in a certain federal program, and procure certain 9
33+specialized equipment; requiring the owner of a nuclear power plant to remit certain 10
34+fees to the Department of the Environment for a certain purpose; authorizing the 11
35+Department of the Environment to annually increase certain fees under certain 12
36+circumstances; requiring the Department of the Environment to transfer a certain 13
37+fee collected to the Maryland Department of Emergency Management for 14
38+radiological emergency response preparedness activities; establishing the Radiation 15
39+Emergency Response Fund as a special, nonlapsing fund; requiring interest earnings 16
40+of the Fund to be credited to the Fund; and generally relating to nuclear power plants 17
41+and emergency preparedness. 18
4642
47-BY repealing and reenacting, with amendments,
48- Article – State Finance and Procurement
49-Section 6–226(a)(2)(ii)189. and 190. Ch. 645 2024 LAWS OF MARYLAND
43+BY repealing and reenacting, with amendments, 19
44+ Article – Environment 20
45+ Section 8–101 and 8–102 21
46+ Annotated Code of Maryland 22
47+ (2013 Replacement Volume and 2023 Supplement) 23
48+ 2 SENATE BILL 536
5049
51-– 2 –
52- Annotated Code of Maryland
53- (2021 Replacement Volume and 2023 Supplement)
5450
55-BY adding to
56- Article – State Finance and Procurement
57-Section 6–226(a)(2)(ii)191.
58- Annotated Code of Maryland
59- (2021 Replacement Volume and 2023 Supplement)
51+BY adding to 1
52+ Article – Environment 2
53+Section 8–701 through 8–704 to be under the new subtitle “Subtitle 7. Emergency 3
54+Preparedness” 4
55+ Annotated Code of Maryland 5
56+ (2013 Replacement Volume and 2023 Supplement) 6
6057
61- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
62-That the Laws of Maryland read as follows:
58+BY repealing and reenacting, without amendments, 7
59+ Article – State Finance and Procurement 8
60+Section 6–226(a)(2)(i) 9
61+ Annotated Code of Maryland 10
62+ (2021 Replacement Volume and 2023 Supplement) 11
6363
64-Article – Environment
64+BY repealing and reenacting, with amendments, 12
65+ Article – State Finance and Procurement 13
66+Section 6–226(a)(2)(ii)189. and 190. 14
67+ Annotated Code of Maryland 15
68+ (2021 Replacement Volume and 2023 Supplement) 16
6569
66-8–101.
70+BY adding to 17
71+ Article – State Finance and Procurement 18
72+Section 6–226(a)(2)(ii)191. 19
73+ Annotated Code of Maryland 20
74+ (2021 Replacement Volume and 2023 Supplement) 21
6775
68- (a) In this title the following words have the meanings indicated.
76+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
77+That the Laws of Maryland read as follows: 23
6978
70- (b) “Board” means the Radiation Control Advisory Board.
79+Article – Environment 24
7180
72- (c) “Emergency” means a sudden and unforeseen condition of such public gravity
73-and urgency that it requires immediate response to protect the public health and welfare.
81+8–101. 25
7482
75- (D) “EMERGENCY PLANNING ZONE” MEANS A PLUME EXPOSU RE PATHWAY
76-EMERGENCY PLANNING Z ONE, AS DESCRIBED IN 10 C.F.R. § 50.47(C)(2).
83+ (a) In this title the following words have the meanings indicated. 26
7784
78- [(d)] (E) “General license” means a license that, under the rules and regulations
79-adopted by the Department under this title, is effective without the filing of an application
80-by the licensee.
85+ (b) “Board” means the Radiation Control Advisory Board. 27
8186
82- (F) “NUCLEAR INCIDENT ” MEANS ANY OCCURRENCE , INCLUDING AN
83-EXTRAORDINARY NUCLEA R OCCURRENCE , OR SERIES OF OCCURRE NCES AT A
84-NUCLEAR POWER PLANT WITH THE POTENTIAL F OR CAUSING BODILY IN JURY,
85-SICKNESS, DISEASE, DEATH, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE OF
86-PROPERTY RESULTING F ROM THE RADIOACTIVE , TOXIC, EXPLOSIVE, OR OTHER
87-HAZARDOUS PROPERTIES OF THE RADIOACTIVE M ATERIAL USED BY A NU CLEAR
88-POWER PLANT OR STORE D ON ITS PROPERTY .
87+ (c) “Emergency” means a sudden and unforeseen condition of such public gravity 28
88+and urgency that it requires immediate response to protect the public health and welfare. 29
8989
90- (G) (1) “NUCLEAR POWER PLANT ” MEANS ANY FACILITY C APABLE OF
91-PRODUCING ELECTRICIT Y USING NUCLEAR ENER GY:
90+ (D) “EMERGENCY PLANNING ZO NE” MEANS A PLUME EXPOSU RE PATHWAY 30
91+EMERGENCY PLANNING Z ONE, AS DESCRIBED IN 10 C.F.R. § 50.47(C)(2). 31
9292
93- (I) 1. THAT IS LOCATED IN TH E STATE; OR
93+ [(d)] (E) “General license” means a license that, under the rules and regulations 32
94+adopted by the Department under this title, is effective without the filing of an application 33
95+by the licensee. 34
9496
95- 2. WITH AN EMERGENCY PLA NNING ZONE THAT
96-INCLUDES ANY AREA OF THE STATE; AND WES MOORE, Governor Ch. 645
97+ (F) “NUCLEAR INCIDENT ” MEANS ANY OCCURRENCE , INCLUDING AN 35 SENATE BILL 536 3
9798
98-– 3 –
9999
100- (II) FOR WHICH THE DEPARTMENT PARTICIPAT ES IN PLANNING
101-AND RESPONSE ACTIVIT IES RELATED TO THE F ACILITY.
100+EXTRAORDINARY NUCLEA R OCCURRENCE , OR SERIES OF OCCURRE NCES AT A 1
101+NUCLEAR POWER PLANT WITH THE POTENTIAL F OR CAUSING BODIL Y INJURY, 2
102+SICKNESS, DISEASE, DEATH, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE OF 3
103+PROPERTY RESULTING F ROM THE RADIOACTIVE , TOXIC, EXPLOSIVE, OR OTHER 4
104+HAZARDOUS PROPERTIES OF THE RADIOACTIVE M ATERIAL USED BY A NU CLEAR 5
105+POWER PLANT OR STORE D ON ITS PROPERT Y. 6
102106
103- (2) “NUCLEAR POWER PLANT ” INCLUDES A FACILITY WITH ONE OR
104-MORE NUCLEAR POWER R EACTORS THAT :
107+ (G) (1) “NUCLEAR POWER PLANT ” MEANS ANY FACILITY C APABLE OF 7
108+PRODUCING ELECTRICIT Y USING NUCLEAR ENER GY: 8
105109
106- (I) HAS SPENT NUCLEAR FUE L STORED ONSITE ;
110+ (I) 1. THAT IS LOCATED IN TH E STATE; OR 9
107111
108- (II) HAS NOT BEEN FULLY DI SMANTLED AND DECOMMI SSIONED
109-IN ACCORDANCE WITH APPLIC ABLE FEDERAL LAW AND REGULATIONS ; OR
112+ 2. WITH AN EMERGENCY PLA NNING ZONE THAT 10
113+INCLUDES ANY AREA OF THE STATE; AND 11
110114
111- (III) HAS NOT BEEN GRANTED LICENSE TERMINATION BY THE U.S.
112-NUCLEAR REGULATORY COMMISSION.
115+ (II) FOR WHICH THE DEPARTMENT PARTICIPAT ES IN PLANNING 12
116+AND RESPONSE ACTIVIT IES RELATED TO THE F ACILITY. 13
113117
114- (H) “NUCLEAR REGULATORY COMMISSION” MEANS THE U.S. NUCLEAR
115-REGULATORY COMMISSION OR ANY SUC CESSOR ENTIT Y RESPONSIBLE FOR FE DERAL
116-REGULATION OF NUCLEA R ENERGY.
118+ (2) “NUCLEAR POWER PLANT ” INCLUDES A FACILITY WITH ONE OR 14
119+MORE NUCLEAR POWER R EACTORS THAT : 15
117120
118- (I) “OFF–SITE RESPONSE ORGANI ZATION” MEANS A STATE , LOCAL, OR
119-TRIBAL GOVERNMENTAL ORGANIZATION RESPONS IBLE FOR CARRYING OU T
120-EMERGENCY RESPONSE F UNCTIONS DURING A NU CLEAR INCIDENT .
121+ (I) HAS SPENT NUCLEAR FUE L STORED ONSITE ; 16
121122
122- [(e)] (J) “Person” includes any public or municipal corporation and any agency,
123-bureau, department, or instrumentality of State or local government and, to the extent
124-authorized by federal law, federal government.
123+ (II) HAS NOT BEEN FULLY D ISMANTLED AND DECOMM ISSIONED 17
124+IN ACCORDANCE WITH A PPLICABLE FEDERAL LA W AND REGULATIONS ; OR 18
125125
126- [(f)] (K) “Radiation” means:
126+ (III) HAS NOT BEEN GRANTED LICENSE TERMINATION BY THE U.S. 19
127+NUCLEAR REGULATORY COMMISSION. 20
127128
128- (1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta
129-particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear
130-particles or rays;
129+ (H) “NUCLEAR REGULATORY COMMISSION” MEANS THE U.S. NUCLEAR 21
130+REGULATORY COMMISSION OR ANY SUC CESSOR ENTITY RESPON SIBLE FOR FEDERAL 22
131+REGULATION OF NUCLEA R ENERGY. 23
131132
132- (2) Any electromagnetic radiation that can be generated during the
133-operation of a manufactured device that has an electronic circuit; or
133+ (I) “OFF–SITE RESPONSE ORGANI ZATION” MEANS A STATE , LOCAL, OR 24
134+TRIBAL GOVERNMENTAL ORGANIZATION RESPONS IBLE FOR CARRYING OU T 25
135+EMERGENCY RESPONSE F UNCTIONS DURING A NUCLEAR INCIDENT . 26
134136
135- (3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of
136-the operation, in a manufactured device, of an electronic circuit that can generate a physical
137-field of radiation.
137+ [(e)] (J) “Person” includes any public or municipal corporation and any agency, 27
138+bureau, department, or instrumentality of State or local government and, to the extent 28
139+authorized by federal law, federal government. 29
138140
139- [(g)] (L) “Specific license” means a license that, under the rules and regulations
140-adopted by the Department under this title, is effective only after the applicant files an
141-application and the Department approves the application.
141+ [(f)] (K) “Radiation” means: 30
142142
143-8–102. Ch. 645 2024 LAWS OF MARYLAND
143+ (1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta 31 4 SENATE BILL 536
144144
145-– 4 –
146145
147- (a) The General Assembly finds that radiation:
146+particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear 1
147+particles or rays; 2
148148
149- (1) If used properly, can help to improve the health, welfare, and productivity
150-of the public;
149+ (2) Any electromagnetic radiation that can be generated during the 3
150+operation of a manufactured device that has an electronic circuit; or 4
151151
152- (2) If used carelessly or excessively, may destroy life or health; and
152+ (3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of 5
153+the operation, in a manufactured device, of an electronic circuit that can generate a physical 6
154+field of radiation. 7
153155
154- (3) If used improperly, may impair the industrial and agricultural potential
155-of this State.
156+ [(g)] (L) “Specific license” means a license that, under the rules and regulations 8
157+adopted by the Department under this title, is effective only after the applicant files an 9
158+application and the Department approves the application. 10
156159
157- (b) It is the policy of this State:
160+8–102. 11
158161
159- (1) To encourage the constructive uses of radiation; [and]
162+ (a) The General Assembly finds that radiation: 12
160163
161- (2) To control radiation; AND
164+ (1) If used properly, can help to improve the health, welfare, and productivity 13
165+of the public; 14
162166
163- (3) TO PROTECT THE PUBLIC FROM UNNECESSARY AND HARMFUL
164-EXPOSURE RESULTING F ROM A NUCLEAR INCIDENT .
167+ (2) If used carelessly or excessively, may destroy life or health; and 15
165168
166-SUBTITLE 7. EMERGENCY PREPAREDNESS .
169+ (3) If used improperly, may impair the industrial and agricultural potential 16
170+of this State. 17
167171
168-8–701.
172+ (b) It is the policy of this State: 18
169173
170- (A) IT IS THE POLICY OF T HE STATE TO PROTECT THE PUBLIC AGAINST
171-ADVERSE HEALTH EFFEC TS RESULTING FROM NU CLEAR INCIDENTS AND MITIGATE
172-THE IMPACTS OF NUCLE AR INCIDENTS BY ESTA BLISHING A STATE OF READINESS
173-THROUGH EMERGENCY PR EPAREDNESS .
174+ (1) To encourage the constructive uses of radiation; [and] 19
174175
175- (B) THE GENERAL ASSEMBLY FINDS THAT T HE NUCLEAR INDUSTRY SHOULD
176-BEAR THE COSTS ASSOC IATED WITH DEVELOPIN G AND IMPLEMENTING P LANS TO
177-PREPARE FOR AND MITI GATE THE IMPACTS OF NUCLEAR INCIDENTS .
176+ (2) To control radiation; AND 20
178177
179-8–702.
178+ (3) TO PROTECT THE PUBLIC FROM UNNECESSARY AND HARMFUL 21
179+EXPOSURE RESULTING F ROM A NUCLEAR INCIDE NT. 22
180180
181- (A) (1) THERE IS A RADIATION EMERGENCY RESPONSE PROGRAM.
181+SUBTITLE 7. EMERGENCY PREPAREDNESS . 23
182182
183- (2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM.
183+8–701. 24
184184
185- (B) THE DEPARTMENT SHALL SERV E AS:
185+ (A) IT IS THE POLICY OF T HE STATE TO PROTECT THE PUBLIC AGAINST 25
186+ADVERSE HEALTH EFFEC TS RESULTING FROM NU CLEAR INCIDENTS AND MITIGATE 26
187+THE IMPACTS OF NUCLE AR INCIDENTS BY ESTABLI SHING A STATE OF REA DINESS 27
188+THROUGH EMERGENCY PR EPAREDNESS . 28
186189
187- (1) AN OFF–SITE RESPONSE ORGANI ZATION; AND
190+ (B) THE GENERAL ASSEMBLY FINDS THAT T HE NUCLEAR INDUSTRY SHOULD 29
191+BEAR THE COSTS ASSOC IATED WITH DEVELOPIN G AND IMPLEMENTING P LANS TO 30 SENATE BILL 536 5
188192
189- (2) THE LEAD STATE AGENCY FOR PROT ECTIVE ACTIONS FOR A LL WES MOORE, Governor Ch. 645
190193
191-– 5 –
192-NUCLEAR INCIDENTS WI THIN THE STATE.
194+PREPARE FOR AND MITI GATE THE IMPACTS OF NUCLEAR INCIDENTS . 1
193195
194- (C) THE DEPARTMENT SHALL :
196+8–702. 2
195197
196- (1) (I) PREPARE A TECHNICAL E MERGENCY RADIATION R ESPONSE
197-PLAN FOR INCORPORATI ON INTO THE STATE EMERGENCY MANAG EMENT PROGRAM
198-DEVELOPED BY THE MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT IN
199-ACCORDANCE WITH TITLE 14 OF THE PUBLIC SAFETY ARTICLE; AND
198+ (A) (1) THERE IS A RADIATION EMERGENCY RESPONSE PROGRAM. 3
200199
201- (II) RESPOND TO EMERGENCIE S THAT INVOLVE A NUC LEAR
202-POWER PLANT ;
200+ (2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 4
203201
204- (2) PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT
205-ADMINISTRATION ’S RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
206-ACTIVITIES APP LICABLE TO EACH NUCL EAR POWER PLANT ; AND
202+ (B) THE DEPARTMENT SHALL SERV E AS: 5
207203
208- (3) PROCURE SPECIALIZED S UPPLIES AND EQUIPMEN T FOR
209-RESPONDING TO EMERGE NCIES THAT INVOLVE A NUCLEAR POWER PLANT .
204+ (1) AN OFF–SITE RESPONSE ORGANI ZATION; AND 6
210205
211-8–703.
206+ (2) THE LEAD STATE AGENCY FOR PROT ECTIVE ACTIONS FOR AL L 7
207+NUCLEAR INCIDENTS WI THIN THE STATE. 8
212208
213- (A) THE OWNER OF A NUCLEA R POWER PLANT SHALL , FOR EACH NUCLEAR
214-POWER PLANT OWNED , REMIT THE FEES REQUIRED UND ER THIS SECTION TO T HE
215-DEPARTMENT .
209+ (C) THE DEPARTMENT SHALL : 9
216210
217- (B) (1) ON OR BEFORE JULY 1, 2024, AND EACH JULY 1 THEREAFTER ,
218-THE OWNER OF A NUCLE AR POWER PLANT SHALL PAY TO THE DEPARTMENT :
211+ (1) (I) PREPARE A TECHNICAL E MERGENCY RADIATION R ESPONSE 10
212+PLAN FOR INCORPORATI ON INTO THE STATE EMERGENCY MANAG EMENT PROGRAM 11
213+DEVELOPED BY THE MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT IN 12
214+ACCORDANCE WITH TITLE 14 OF THE PUBLIC SAFETY ARTICLE; AND 13
219215
220- (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A FEE
221-OF $300,000 FOR THE OPERATIONAL C OSTS OF THE RADIATION EMERGENCY
222-RESPONSE PROGRAM; AND
216+ (II) RESPOND TO EMERGENCIE S THAT INVOLVE A NUC LEAR 14
217+POWER PLANT ; 15
223218
224- (II) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS
225-SUBSECTION, A FEE OF $60,000 FOR RADIOLOGICAL EME RGENCY RESPONSE
226-PREPAREDNESS .
219+ (2) PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT 16
220+ADMINISTRATION ’S RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 17
221+ACTIVITIES APPLICABL E TO EACH NUCLEAR PO WER PLANT; AND 18
227222
228- (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH, THE
229-DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER PARAGRAPH (1) OF THIS
230-SUBSECTION IN ACCORD ANCE WITH THE PERCEN TAGE INCREASE IN THE
231-CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE WASHINGTON
232-METROPOLITAN AREA DURING THE PREVI OUS YEAR TO ENSU RE ADEQUATE
233-FUNDING FOR THE OPER ATIONAL COSTS OF THE RADIATION EMERGENCY
234-RESPONSE PROGRAM. Ch. 645 2024 LAWS OF MARYLAND
223+ (3) PROCURE SPECIALIZED S UPPLIES AND EQUIPMEN T FOR 19
224+RESPONDING TO EMERGE NCIES THAT INVOLVE A NUCLEAR POWER PLANT . 20
235225
236-– 6 –
226+8–703. 21
237227
238- (II) THE DEPARTMENT MAY NOT AN NUALLY INCREASE THE
239-FEES UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y MORE THAN 3%.
228+ (A) THE OWNER OF A NUCLEA R POWER PLANT SHALL , FOR EACH NUCLEAR 22
229+POWER PLANT OWNED , REMIT THE FEES REQUI RED UNDER THIS SECTI ON TO THE 23
230+DEPARTMENT . 24
240231
241- (3) THE DEPARTMENT SHALL TRAN SFER THE FEE COLLECTED
242-UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION T O THE MARYLAND DEPARTMENT
243-OF EMERGENCY MANAGEMENT FOR RADIOL OGICAL EMERGENCY RES PONSE
244-PREPAREDNESS ACTIVIT IES.
232+ (B) (1) ON OR BEFORE JULY 1, 2024, AND EACH JULY 1 THEREAFTER , 25
233+THE OWNER OF A NUCLE AR POWER PLANT SHALL PAY TO THE DEPARTMENT : 26
245234
246- (C) EXCEPT AS PROVIDED IN SUBSECTION (B)(3) OF THIS SECTION , THE
247-FEES COLLECTED UNDER THIS SECTION SHALL BE P AID INTO THE RADIATION
248-EMERGENCY RESPONSE FUND UNDER § 8–704 OF THIS SUBTITLE .
235+ (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSE CTION, A FEE 27
236+OF $300,000 FOR THE OPERATIONAL COSTS OF THE RADIATION EMERGENCY 28
237+RESPONSE PROGRAM; AND 29 6 SENATE BILL 536
249238
250-8–704.
251239
252- (A) IN THIS SECTION , “FUND” MEANS THE RADIATION EMERGENCY
253-RESPONSE FUND.
254240
255- (B) THERE IS A RADIATION EMERGENCY RESPONSE FUND.
241+ (II) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS 1
242+SUBSECTION, A FEE OF $60,000 FOR RADIOLOGICAL EME RGENCY RESPONSE 2
243+PREPAREDNESS . 3
256244
257- (C) THE PURPOSE OF THE FUND IS TO SUPPORT TH E COSTS OF DEVELOPIN G
258-AND IMPLEMENTING THE RADIATION EMERGENCY RESPONSE PROGRAM.
245+ (2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE 4
246+DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER PARAGRAPH (1) OF THIS 5
247+SUBSECTION IN ACCORD ANCE WITH THE PERCEN TAGE INCREASE IN THE 6
248+CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE WASHINGTON 7
249+METROPOLITAN AREA DURING THE PREVIOUS YE AR TO ENSURE ADEQUAT E 8
250+FUNDING FOR THE OPER ATIONAL COSTS OF THE RADIATION EMERGENCY 9
251+RESPONSE PROGRAM. 10
259252
260- (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
253+ (II) THE DEPARTMENT MAY NOT AN NUALLY INCREASE THE 11
254+FEES UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y MORE THAN 3%. 12
261255
262- (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
263-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
256+ (3) THE DEPARTMEN T SHALL TRANSFER THE FEE COLLECTED 13
257+UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION T O THE MARYLAND DEPARTMENT 14
258+OF EMERGENCY MANAGEMENT FOR RADIOL OGICAL EMERGENCY RES PONSE 15
259+PREPAREDNESS ACTIVIT IES. 16
264260
265- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
266-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
261+ (C) EXCEPT AS PROVIDED IN SUBSECTION (B)(3) OF THIS SECTION , THE 17
262+FEES COLLECTED UNDER THIS SECTION SHALL B E PAID INTO THE RADIATION 18
263+EMERGENCY RESPONSE FUND UNDER § 8–704 OF THIS SUBTITLE . 19
267264
268- (F) THE FUND CONSISTS OF :
265+8–704. 20
269266
270- (1) FEES COLLECTED UNDER § 8–703(B)(1)(I) OF THIS SUBTITLE;
267+ (A) IN THIS SECTION , “FUND” MEANS THE RADIATION EMERGENCY 21
268+RESPONSE FUND. 22
271269
272- (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
270+ (B) THERE IS A RADIATION EMERGENCY RESPONSE FUND. 23
273271
274- (3) INTEREST EARNINGS ; AND
272+ (C) THE PURPOSE OF THE FUND IS TO SUPPORT TH E COSTS OF DEVELOPIN G 24
273+AND IMPLEMENTING THE RADIATION EMERGENCY RESPONSE PROGRAM. 25
275274
276- (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
277-THE BENEFIT OF THE FUND.
278- WES MOORE, Governor Ch. 645
275+ (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 26
279276
280-– 7 –
281- (G) THE FUND MAY BE USED ONLY FOR DEVELOPING AND I MPLEMENTING
282-THE RADIATION EMERGENCY RESPONSE PROGRAM, INCLUDING ADMINISTRATIVE
283-EXPENSES.
277+ (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 27
278+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28
284279
285- (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
286-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
280+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 29
281+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 30
282+ SENATE BILL 536 7
287283
288- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
289-THE FUND.
290284
291- (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCO RDANCE
292-WITH THE STATE BUDGET .
285+ (F) THE FUND CONSISTS OF : 1
293286
294- (J) MONEY EXPENDED FROM T HE FUND FOR THE RADIATION EMERGENCY
295-RESPONSE PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO TAKE THE
296-PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR THE
297-RADIATION EMERGENCY RESPONSE PROGRAM.
287+ (1) FEES COLLECTED UNDER § 8–703(B)(1)(I) OF THIS SUBTITLE; 2
298288
299-Article – State Finance and Procurement
289+ (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 3
300290
301-6–226.
291+ (3) INTEREST EARNINGS ; AND 4
302292
303- (a) (2) (i) Notwithstanding any other provision of law, and unless
304-inconsistent with a federal law, grant agreement, or other federal requirement or with the
305-terms of a gift or settlement agreement, net interest on all State money allocated by the
306-State Treasurer under this section to special funds or accounts, and otherwise entitled to
307-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
308-Fund of the State.
293+ (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 5
294+THE BENEFIT OF THE FUND. 6
309295
310- (ii) The provisions of subparagraph (i) of this paragraph do not apply
311-to the following funds:
296+ (G) THE FUND MAY BE USED ONLY FOR DEVELOPING AND I MPLEMENTING 7
297+THE RADIATION EMERGENCY RESPONSE PROGRAM, INCLUDING ADMINISTRA TIVE 8
298+EXPENSES. 9
312299
313- 189. the Teacher Retention and Development Fund; [and]
300+ (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
301+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
314302
315- 190. the Protecting Against Hate Crimes Grant Fund; AND
303+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
304+THE FUND. 13
316305
317- 191. THE RADIATION EMERGENCY RESPONSE FUND.
306+ (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
307+WITH THE STATE BUDGET . 15
318308
319- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
320-1, 2024.
309+ (J) MONEY EXPENDED FROM T HE FUND FOR THE RADIATION EMERGENCY 16
310+RESPONSE PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO TAKE THE 17
311+PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR THE 18
312+RADIATION EMERGENCY RESPONSE PROGRAM. 19
321313
322-Approved by the Governor, May 9, 2024.
314+Article – State Finance and Procurement 20
315+
316+6–226. 21
317+
318+ (a) (2) (i) Notwithstanding any other provision of law, and unless 22
319+inconsistent with a federal law, grant agreement, or other federal requirement or with the 23
320+terms of a gift or settlement agreement, net interest on all State money allocated by the 24
321+State Treasurer under this section to special funds or accounts, and otherwise entitled to 25
322+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 26
323+Fund of the State. 27
324+
325+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 28
326+to the following funds: 29
327+
328+ 189. the Teacher Retention and Development Fund; [and] 30 8 SENATE BILL 536
329+
330+
331+
332+ 190. the Protecting Against Hate Crimes Grant Fund; AND 1
333+
334+ 191. THE RADIATION EMERGENCY RESPONSE FUND. 2
335+
336+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 3
337+1, 2024. 4
338+
339+
340+
341+Approved:
342+________________________________________________________________________________
343+ Governor.
344+________________________________________________________________________________
345+ President of the Senate.
346+________________________________________________________________________________
347+ Speaker of the House of Delegates.