North Carolina § 166A-29 - Emergency planning; charge.

§ 166A-29. Emergency planning; charge.

Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear facility for the production of electricity shall pay to the Department of Public Safety an annual fee of at least thirty thousand dollars ($30,000) for each fixed nuclear facility which is located within this State or has a Plume Exposure Pathway Emergency Planning Zone of which any part is located within this State. This fee is to be applied to the costs of planning and implementing emergency response activities as are required by the Federal Emergency Management Agency for the operation of nuclear facilities. Said fee is to be paid on a schedule set by the Department of Public Safety. This minimum fee may be increased from time to time as the costs of such planning and implementation increase. Such increases shall be by agreement between the State and the licensees or operators of the fixed nuclear facilities. Every person, firm, corporation or municipality who is licensed to construct or who is operating a fixed nuclear facility for the production of electricity shall pay to the Department of Public Safety, for the use of the Radiation Protection Section of the Division of Health Service Regulation of the Department of Health and Human Services, an annual fee of at least thirty-six thousand dollars ($36,000), not to exceed the cost of the service provided, for each fixed nuclear facility that is located within this State or that has a Plume Exposure Pathway Emergency Planning Zone any part of which is located within this State. This fee shall be applied only to the costs of planning and implementing emergency response activities as required by the Federal Emergency Management Agency for the operation of nuclear facilities. This fee is to be paid on a schedule set by the Department of Public Safety. The fees imposed by this section do not revert at the end of a fiscal year. The amount of fees carried forward from one fiscal year to the next shall be taken into consideration in determining the fee to be assessed each fixed nuclear facility under subsection (a) in that fiscal year. History (1981, c. 1128, ss. 1, 2; 1983, c. 622, ss. 1-3; 1989, c. 727, s. 219(42); 1989 (Reg. Sess., 1990), c. 964, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 18; 1997-443, s. 11A.123; 2000-109, s. 6; 2002-70, s. 5; 2011-145, ss. 13.3(ooo), 19.1(g); 2012-12, s. 1(a); 2020-83, s. 11.1(a).) Editor's Note. - This section was formerly codified as G.S. 166A-6.1. It was recodified as G.S. 166A-29 by Session Laws 2012-12, s. 1(a), effective October 1, 2012. Session Laws 2020-83, s. 11.1(b), made the amendment of this section by Session Laws 2020-83, s. 11.1(a), effective July 1, 2020, and applicable to fees assessed on or after that date. Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subsections (a) and (b). Session Laws 2011-145, s. 13.3(ooo), effective July 1, 2011, substituted "Radiation Protection Section of the Division of Public Health of the Department of Health and Human Services" for "Division of Environmental Health of the Department of Environment and Natural Resources" in the first sentence of subsection (b). Session Laws 2020-83, s. 11.1(a), substituted "on a schedule set by the Department of Public Safety" for "no later than July 31 of each year" at the end of the third sentence in subsection (a); and in subsection (b), in the first sentence, substituted "Health Service Regulation" for "Public Health" and added "not to exceed the cost of the service provided" and substituted "on a schedule set by the Department of Public Safety" for "no later than July 31 of each year" in the last sentence. For effective date and applicability, see editor's note.