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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
nuclear emergency management; appropriations; assessments
Purpose
An
emergency measure that appropriates monies from the Nuclear Emergency
Management Fund (Fund) to the Department of Emergency and Military Affairs
(DEMA) and the Arizona Department of Agriculture (AZDA) in FY 2022 and FY 2023
to implement the State
Off-Site Nuclear Emergency Response Plan (Plan).
Background
Commercial nuclear power plants are mandated by federal law to maintain and implement onsite and offsite emergency response plans in order to meet licensure requirements. Offsite response plans are comprehensive systems of measures to prevent, minimize and contain the potential consequences of radiological emergencies that extend beyond the site of a nuclear power plant. Nuclear power reactors used for the generation of electricity fall under the regulatory authority and licensure of the U.S. Nuclear Regulatory Commission (10 C.F.R. § 50.47).
The Division of Emergency Management (Division) is established within DEMA. The Division has the overall and primary responsibility for developing a state plan for off-site response to an emergency caused by an accident at a commercial nuclear generating station. The Director of the Division (Director) is responsible for the coordination of emergency response activities and making necessary arrangements with the federal government and applicable state agencies for emergency management planning and activities (A.R.S. §§ 26-305; 26-305.01; and 26-306).
The Fund consists of an assessment levied against a consortium of corporations engaged in constructing or operating a commercial nuclear generating station in Arizona. The Legislature is required to appropriate an amount determined to be sufficient to develop, maintain and support the Plan after hearing the Director's recommendations on a biennial basis. The Division must use monies from the Fund for administering and enforcing the Plan. The monies that are deposited in the Fund are exempt from statutes relating to lapsing of appropriations, except that any monies that remain unexpended and unencumbered at the end of each fiscal year from the distributions made from the Fund to the Division, the AZDA, the Arizona Department of Health Services (DHS) and to Maricopa County agencies and departments revert to the Fund and are used to reduce the assessment and appropriation to the Fund for the following fiscal year (A.R.S. §§ 26-306.01 and 26-306.02).
H.B. 2026 appropriates $2,210,929 in FY 2022 and $2,267,935 in FY 2023 from the Fund. There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Appropriates $2,210,929 in FY 2022 and $2,267,935 in FY 2023 from the Fund to the following agencies and allocates as follows:
a) $1,167,392 and 8.5 full-time equivalent positions (FTE positions) in FY 2022 and $1,202,414 and 8.5 FTE positions in FY 2023 from the Fund to DEMA to administer and enforce the Plan;
b) $280,512 and 2.88 FTE positions in FY 2022 and FY 2023 to from the Fund to the AZDA for programs relating to the Plan;
c) $690,925 in FY 2022 and $710,709 in FY 2023 from the Fund to the Division to disburse to Maricopa County departments and agencies that are assigned responsibilities in the Plan; and
d) $72,100 in FY 2022 and $74,300 in FY 2023 from the Fund to the Division to disburse to Buckeye departments and agencies that are assigned responsibilities in the Plan.
2. Applies an assessment of $2,210,929 in FY 2022 and $2,267,935 in FY 2023, plus any applicable interest, against each consortium of public service corporations and municipal corporations engaged in constructing or operating a nuclear power generation station in Arizona.
3. Removes DHS from the distributions made from the Fund.
4. Makes technical changes.
5. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
GE 1/20/21 DPA 13-0-0-0
APPROP 1/20/21 DPA 13-0-0-0
3rd Read 1/28/21 59-0-1
Prepared by Senate Research
February 26, 2021
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