Chapter 107-B: Nuclear Planning and Response Program

I. The director of the division of homeland security and emergency management shall, in cooperation with affected local units of government, initiate and carry out a nuclear emergency response plan as specified in the licensing regulations of each nuclear electrical generating plant. The commissioner of safety shall assess a fee, as necessary, to pay for the cost of preparing, maintaining, and operating each plan and providing equipment and materials to implement it.

II. The director of the division of homeland security and emergency management shall conduct an annual review of each nuclear emergency response plan for those municipalities located in an emergency planning zone, as defined in Nuclear Regulatory Commission regulation Title 10, Code of Federal Regulations, Part 50.

In this chapter, "assessed entity" means the entity or entities which have applied to the Nuclear Regulatory Commission for a license to operate or are licensed to operate a nuclear electrical generating facility which affects municipalities under RSA 107-B:1, II.

The municipalities in each emergency planning zone shall submit annually their emergency response budget to the director of fire safety and emergency management who shall provide a reasonable opportunity for public comment and consideration. The director shall also receive and review the appropriateness of any budget request from any other state agency necessary for radiological emergency preparedness as outlined in the relevant plan. The director shall then submit an approved total annual budget to the commissioner of safety for assessment under RSA 107-B:3 and RSA 107-B:4. Prior to assessing the annual budget, the commissioner shall consult with the assessed entity and obtain its input into the budget.

I. The cost of preparing, maintaining, and operating a nuclear emergency response plan shall be assessed against each assessed entity in such proportions as the commissioner of safety determines to be fair and equitable.

II. The commissioner of safety shall enter into a memorandum of understanding with each assessed entity that contains mechanisms to address budget compliance and periodic reporting, performance standards to ensure compliance with federal emergency preparedness requirements, and other topics as the parties deem appropriate.

III. Within 60 days after the close of the fiscal year, the commissioner of safety shall cause a report to be prepared and provided to the assessed entity detailing the use of the fees assessed during the prior fiscal year.

The department of safety shall bill each assessed entity for the amount assessed against it. The bill shall be sent by registered mail, and shall constitute notice of assessment and demand for payment. Payment shall be made to the department of safety within 30 days after the receipt of the bill. If any assessed entity shall fail or refuse to pay the assessed fee within 30 days, the commissioner shall add to the fee a late penalty fee and certify the amount of the delinquent fee and penalty to the attorney general for collection.

All funds collected under this chapter shall be deposited in the state treasury as "restricted revenues." The full amount shall be credited to the New Hampshire nuclear planning and response fund and shall be used exclusively for the New Hampshire nuclear planning and response program.

In the event of a radiological emergency at a nuclear electric generating facility where the operator is unable to control the situation as necessary to protect public health and safety, the governor shall regulate the facility under RSA 4:45-4:47.