Bill Text: AZ SB1091 | 2017 | Fifty-third Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Nuclear emergency appropriations; assessments

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2017-03-22 - Chapter 43 [SB1091 Detail]

Download: Arizona-2017-SB1091-Introduced.html

 

 

 

REFERENCE TITLE: nuclear emergency appropriations; assessments

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1091

 

Introduced by

Senators Kavanagh: Lesko; Representative Shooter

 

 

AN ACT

 

Amending sections 26‑306.01 and 26-306.02, Arizona Revised Statutes; appropriating monies; relating to the nuclear emergency management fund.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 26-306.01, Arizona Revised Statutes, is amended to read:

START_STATUTE26-306.01.  Assessment on commercial nuclear generating stations

A.  The legislature shall levy an assessment pursuant to subsection D of this section to provide for the development and maintenance of a state plan for off‑site response to an emergency caused by an accident at a commercial nuclear generating station and to provide for the equipment, personnel, facilities, training and testing necessary to comply with criteria for preparation and evaluation of radiological emergency response plans and preparedness in support of commercial nuclear generating stations prescribed by the United States nuclear regulatory commission and the federal emergency management agency.

B.  Before October 31 in each even numbered even‑numbered year, the director shall recommend to the legislature an amount necessary to develop, maintain and support the state plan.

C.  The legislature shall appropriate for each of the following two fiscal years the amount necessary to develop, maintain and support the state plan, after hearing the recommendation under subsection B of this section.  The monies shall be appropriated to from the nuclear emergency management fund established by section 26‑306.02.

D.  Every two years an assessment for each of the two years of the biennium is levied against each consortium of public service corporations and municipal corporations engaged in constructing or operating a commercial nuclear generating station for the purpose of developing, maintaining and supporting the state plan.  The assessment shall be in an amount equal to the appropriations provided by pursuant to subsection C of this section, plus interest at a rate of ten per cent percent per annum year, and shall be contained in the same appropriation appropriations bill provided by subsection C of this section.  Interest shall be charged on any amounts that are appropriated pursuant to subsection C of this section, and that have not been repaid, from the date the appropriation becomes available for expenditure until payment is received.  The assessment for each year of the biennium shall be collected by the department of revenue.  Monies collected from the levy shall be deposited in the state general fund nuclear emergency management fund established by section 26‑306.02.

E.  If a consortium fails or refuses to pay its assessment within the year for which the assessment is made, the legislature may direct the director to notify the United States nuclear regulatory commission, or its successor in licensing commercial nuclear generating stations, of this state's incapacity to support an off‑site emergency response plan for the commercial nuclear generating station. END_STATUTE

Sec. 2.  Section 26-306.02, Arizona Revised Statutes, is amended to read:

START_STATUTE26-306.02.  Nuclear emergency management fund; exemption; appropriation reduction

A.   The nuclear emergency management fund is established consisting of monies appropriated under section 26‑306.01, subsection C. The division shall use the fund for administering and enforcing the state plan for off‑site response to an emergency caused by an accident at a commercial nuclear generating station.

B.  Monies in the fund are appropriated for use by the division as provided in this section.  Monies deposited in the fund are exempt from section 35‑190 relating to lapsing of appropriations, except that any monies remaining unexpended and unencumbered at the end of each fiscal year from the distributions made from the fund to the division of emergency management of the department of emergency and military affairs to, the Arizona department of agriculture and the radiation regulatory agency and for disbursements to departments and agencies of Maricopa county revert to the nuclear emergency management fund and shall be used to reduce the assessment and appropriation to the fund for the following fiscal years.  The reduction in the appropriation for each applicable agency shall be equal to the amount of monies reverted to the fund by each agency. END_STATUTE

Sec. 3.  Appropriations; nuclear emergency management fund

Pursuant to sections 26‑306.01 and 26‑306.02, Arizona Revised Statutes, as amended by this act, the sum of $2,503,140 in fiscal year 2017‑2018 and the sum of $2,526,277 in fiscal year 2018‑2019 are appropriated from the nuclear emergency management fund to the following agencies and for the following purposes:

1.  For use by the division of emergency management of the department of emergency and military affairs as provided in section 26‑306.02, Arizona Revised Statutes, as amended by this act, the sum of $665,512 and 5.5 full‑time equivalent positions in fiscal year 2017‑2018 and the sum of $696,449 and 5.5 full‑time equivalent positions in fiscal year 2018‑2019.

2.  For use by the Arizona department of agriculture for programs relating to off‑site nuclear emergency response plans, the sum of $275,012 and 2.88 full‑time equivalent positions in fiscal year 2017-2018 and the sum of $275,012 and 2.88 full‑time equivalent positions in fiscal year 2018‑2019.

3.  For use by the radiation regulatory agency for programs relating to off‑site nuclear emergency response plans, the sum of $789,663 and 5.5 full‑time equivalent positions in fiscal year 2017‑2018 and the sum of $789,663 and 5.5 full‑time equivalent positions in fiscal year 2018‑2019.

4.  For disbursement by the division of emergency management of the department of emergency and military affairs to departments and agencies of Maricopa county that are assigned responsibilities under the off‑site nuclear emergency response plan, the sum of $702,953 in fiscal year 2017‑2018 and the sum of $695,153 in fiscal year 2018‑2019.

5.  For disbursement by the division of emergency management of the department of emergency and military affairs to departments and agencies of the town of Buckeye that are assigned responsibilities under the off‑site nuclear emergency response plan, the sum of $70,000 in fiscal year 2017‑2018 and the sum of $70,000 in fiscal year 2018‑2019.

Sec. 4.  Assessments; purpose

Pursuant to section 26-306.01, Arizona Revised Statutes, as amended by this act, the sum of $2,503,140 in fiscal year 2017‑2018 and the sum of $2,526,277 in fiscal year 2018‑2019, plus any applicable interest, are assessed against each consortium of public service corporations and municipal corporations engaged in constructing or operating a commercial nuclear generating station in this state.

Sec. 5.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

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