WES MOORE, Governor Ch. 645
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Chapter 645
(Senate Bill 536)
AN ACT concerning
Environment – Nuclear Power Plants – Emergency Preparedness
(Radiation and Emergency Preparedness and Protection Act)
FOR the purpose of establishing the Radiation Emergency Response Program in the
Department of the Environment; requiring the Department of the Environment to
serve as an off–site response organization and the lead State agency for all nuclear
incidents within the State; requiring the Department of the Environment to prepare
a technical emergency radiation response plan, respond to emergencies involving a
nuclear power plant, participate in a certain federal program, and procure certain
specialized equipment; requiring the owner of a nuclear power plant to remit certain
fees to the Department of the Environment for a certain purpose; authorizing the
Department of the Environment to annually increase certain fees under certain
circumstances; requiring the Department of the Environment to transfer a certain
fee collected to the Maryland Department of Emergency Management for
radiological emergency response preparedness activities; establishing the Radiation
Emergency Response Fund as a special, nonlapsing fund; requiring interest earnings
of the Fund to be credited to the Fund; and generally relating to nuclear power plants
and emergency preparedness.
BY repealing and reenacting, with amendments,
Article – Environment
Section 8–101 and 8–102
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY adding to
Article – Environment
Section 8–701 through 8–704 to be under the new subtitle “Subtitle 7. Emergency
Preparedness”
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)189. and 190. Ch. 645 2024 LAWS OF MARYLAND
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Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)191.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
8–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means the Radiation Control Advisory Board.
(c) “Emergency” means a sudden and unforeseen condition of such public gravity
and urgency that it requires immediate response to protect the public health and welfare.
(D) “EMERGENCY PLANNING ZONE” MEANS A PLUME EXPOSU RE PATHWAY
EMERGENCY PLANNING Z ONE, AS DESCRIBED IN 10 C.F.R. § 50.47(C)(2).
[(d)] (E) “General license” means a license that, under the rules and regulations
adopted by the Department under this title, is effective without the filing of an application
by the licensee.
(F) “NUCLEAR INCIDENT ” MEANS ANY OCCURRENCE , INCLUDING AN
EXTRAORDINARY NUCLEA R OCCURRENCE , OR SERIES OF OCCURRE NCES AT A
NUCLEAR POWER PLANT WITH THE POTENTIAL F OR CAUSING BODILY IN JURY,
SICKNESS, DISEASE, DEATH, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE OF
PROPERTY RESULTING F ROM THE RADIOACTIVE , TOXIC, EXPLOSIVE, OR OTHER
HAZARDOUS PROPERTIES OF THE RADIOACTIVE M ATERIAL USED BY A NU CLEAR
POWER PLANT OR STORE D ON ITS PROPERTY .
(G) (1) “NUCLEAR POWER PLANT ” MEANS ANY FACILITY C APABLE OF
PRODUCING ELECTRICIT Y USING NUCLEAR ENER GY:
(I) 1. THAT IS LOCATED IN TH E STATE; OR
2. WITH AN EMERGENCY PLA NNING ZONE THAT
INCLUDES ANY AREA OF THE STATE; AND WES MOORE, Governor Ch. 645
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(II) FOR WHICH THE DEPARTMENT PARTICIPAT ES IN PLANNING
AND RESPONSE ACTIVIT IES RELATED TO THE F ACILITY.
(2) “NUCLEAR POWER PLANT ” INCLUDES A FACILITY WITH ONE OR
MORE NUCLEAR POWER R EACTORS THAT :
(I) HAS SPENT NUCLEAR FUE L STORED ONSITE ;
(II) HAS NOT BEEN FULLY DI SMANTLED AND DECOMMI SSIONED
IN ACCORDANCE WITH APPLIC ABLE FEDERAL LAW AND REGULATIONS ; OR
(III) HAS NOT BEEN GRANTED LICENSE TERMINATION BY THE U.S.
NUCLEAR REGULATORY COMMISSION.
(H) “NUCLEAR REGULATORY COMMISSION” MEANS THE U.S. NUCLEAR
REGULATORY COMMISSION OR ANY SUC CESSOR ENTIT Y RESPONSIBLE FOR FE DERAL
REGULATION OF NUCLEA R ENERGY.
(I) “OFF–SITE RESPONSE ORGANI ZATION” MEANS A STATE , LOCAL, OR
TRIBAL GOVERNMENTAL ORGANIZATION RESPONS IBLE FOR CARRYING OU T
EMERGENCY RESPONSE F UNCTIONS DURING A NU CLEAR INCIDENT .
[(e)] (J) “Person” includes any public or municipal corporation and any agency,
bureau, department, or instrumentality of State or local government and, to the extent
authorized by federal law, federal government.
[(f)] (K) “Radiation” means:
(1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta
particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear
particles or rays;
(2) Any electromagnetic radiation that can be generated during the
operation of a manufactured device that has an electronic circuit; or
(3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of
the operation, in a manufactured device, of an electronic circuit that can generate a physical
field of radiation.
[(g)] (L) “Specific license” means a license that, under the rules and regulations
adopted by the Department under this title, is effective only after the applicant files an
application and the Department approves the application.
8–102. Ch. 645 2024 LAWS OF MARYLAND
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(a) The General Assembly finds that radiation:
(1) If used properly, can help to improve the health, welfare, and productivity
of the public;
(2) If used carelessly or excessively, may destroy life or health; and
(3) If used improperly, may impair the industrial and agricultural potential
of this State.
(b) It is the policy of this State:
(1) To encourage the constructive uses of radiation; [and]
(2) To control radiation; AND
(3) TO PROTECT THE PUBLIC FROM UNNECESSARY AND HARMFUL
EXPOSURE RESULTING F ROM A NUCLEAR INCIDENT .
SUBTITLE 7. EMERGENCY PREPAREDNESS .
8–701.
(A) IT IS THE POLICY OF T HE STATE TO PROTECT THE PUBLIC AGAINST
ADVERSE HEALTH EFFEC TS RESULTING FROM NU CLEAR INCIDENTS AND MITIGATE
THE IMPACTS OF NUCLE AR INCIDENTS BY ESTA BLISHING A STATE OF READINESS
THROUGH EMERGENCY PR EPAREDNESS .
(B) THE GENERAL ASSEMBLY FINDS THAT T HE NUCLEAR INDUSTRY SHOULD
BEAR THE COSTS ASSOC IATED WITH DEVELOPIN G AND IMPLEMENTING P LANS TO
PREPARE FOR AND MITI GATE THE IMPACTS OF NUCLEAR INCIDENTS .
8–702.
(A) (1) THERE IS A RADIATION EMERGENCY RESPONSE PROGRAM.
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM.
(B) THE DEPARTMENT SHALL SERV E AS:
(1) AN OFF–SITE RESPONSE ORGANI ZATION; AND
(2) THE LEAD STATE AGENCY FOR PROT ECTIVE ACTIONS FOR A LL WES MOORE, Governor Ch. 645
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NUCLEAR INCIDENTS WI THIN THE STATE.
(C) THE DEPARTMENT SHALL :
(1) (I) PREPARE A TECHNICAL E MERGENCY RADIATION R ESPONSE
PLAN FOR INCORPORATI ON INTO THE STATE EMERGENCY MANAG EMENT PROGRAM
DEVELOPED BY THE MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT IN
ACCORDANCE WITH TITLE 14 OF THE PUBLIC SAFETY ARTICLE; AND
(II) RESPOND TO EMERGENCIE S THAT INVOLVE A NUC LEAR
POWER PLANT ;
(2) PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT
ADMINISTRATION ’S RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
ACTIVITIES APP LICABLE TO EACH NUCL EAR POWER PLANT ; AND
(3) PROCURE SPECIALIZED S UPPLIES AND EQUIPMEN T FOR
RESPONDING TO EMERGE NCIES THAT INVOLVE A NUCLEAR POWER PLANT .
8–703.
(A) THE OWNER OF A NUCLEA R POWER PLANT SHALL , FOR EACH NUCLEAR
POWER PLANT OWNED , REMIT THE FEES REQUIRED UND ER THIS SECTION TO T HE
DEPARTMENT .
(B) (1) ON OR BEFORE JULY 1, 2024, AND EACH JULY 1 THEREAFTER ,
THE OWNER OF A NUCLE AR POWER PLANT SHALL PAY TO THE DEPARTMENT :
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A FEE
OF $300,000 FOR THE OPERATIONAL C OSTS OF THE RADIATION EMERGENCY
RESPONSE PROGRAM; AND
(II) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS
SUBSECTION, A FEE OF $60,000 FOR RADIOLOGICAL EME RGENCY RESPONSE
PREPAREDNESS .
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH, THE
DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER PARAGRAPH (1) OF THIS
SUBSECTION IN ACCORD ANCE WITH THE PERCEN TAGE INCREASE IN THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE WASHINGTON
METROPOLITAN AREA DURING THE PREVI OUS YEAR TO ENSU RE ADEQUATE
FUNDING FOR THE OPER ATIONAL COSTS OF THE RADIATION EMERGENCY
RESPONSE PROGRAM. Ch. 645 2024 LAWS OF MARYLAND
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(II) THE DEPARTMENT MAY NOT AN NUALLY INCREASE THE
FEES UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y MORE THAN 3%.
(3) THE DEPARTMENT SHALL TRAN SFER THE FEE COLLECTED
UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION T O THE MARYLAND DEPARTMENT
OF EMERGENCY MANAGEMENT FOR RADIOL OGICAL EMERGENCY RES PONSE
PREPAREDNESS ACTIVIT IES.
(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(3) OF THIS SECTION , THE
FEES COLLECTED UNDER THIS SECTION SHALL BE P AID INTO THE RADIATION
EMERGENCY RESPONSE FUND UNDER § 8–704 OF THIS SUBTITLE .
8–704.
(A) IN THIS SECTION , “FUND” MEANS THE RADIATION EMERGENCY
RESPONSE FUND.
(B) THERE IS A RADIATION EMERGENCY RESPONSE FUND.
(C) THE PURPOSE OF THE FUND IS TO SUPPORT TH E COSTS OF DEVELOPIN G
AND IMPLEMENTING THE RADIATION EMERGENCY RESPONSE PROGRAM.
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(F) THE FUND CONSISTS OF :
(1) FEES COLLECTED UNDER § 8–703(B)(1)(I) OF THIS SUBTITLE;
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
(3) INTEREST EARNINGS ; AND
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
WES MOORE, Governor Ch. 645
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(G) THE FUND MAY BE USED ONLY FOR DEVELOPING AND I MPLEMENTING
THE RADIATION EMERGENCY RESPONSE PROGRAM, INCLUDING ADMINISTRATIVE
EXPENSES.
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE FUND.
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCO RDANCE
WITH THE STATE BUDGET .
(J) MONEY EXPENDED FROM T HE FUND FOR THE RADIATION EMERGENCY
RESPONSE PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO TAKE THE
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR THE
RADIATION EMERGENCY RESPONSE PROGRAM.
Article – State Finance and Procurement
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
189. the Teacher Retention and Development Fund; [and]
190. the Protecting Against Hate Crimes Grant Fund; AND
191. THE RADIATION EMERGENCY RESPONSE FUND.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2024.
Approved by the Governor, May 9, 2024.