HB 687-FN-A – AS INTRODUCED
2009 SESSION
08/05
HOUSE BILL 687-FN-A
AN ACT establishing a radiological emergency evacuation infrastructure program.
SPONSORS: Rep. Cushing, Rock 15; Rep. Kepner, Rock 15
COMMITTEE: Public Works and Highways
This bill establishes a radiological emergency evacuation infrastructure program and establishes a radiological emergency evacuation infrastructure fund.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0592
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a radiological emergency evacuation infrastructure program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Radiological Emergency Evacuation Infrastructure Plan. Amend RSA by inserting after chapter 107-D the following new chapter:
CHAPTER 107-E
RADIOLOGICAL EMERGENCY EVACUATION INFRASTRUCTURE PLAN
107-E:1 Plan Established. The commissioner of transportation shall establish and maintain a list of roads, bridges, seawalls, and other infrastructure necessary for the safe evacuation of the public in the event of a radiological emergency, including those so designated by the general court in RSA 107-E:4. The commissioner of transportation shall further determine which items on that list are in need of maintenance, repair, or upgrade and shall determine the costs associated with each project. The commissioner shall prioritize such projects and create a schedule for the completion of such projects.
107-E:2 Commission Established.
I. There is established a commission to advise and assist the commissioner of transportation in the duties established in RSA 107-E:1. The commission shall be comprised of:
(a) The commissioner of transportation, or designee.
(b) The commissioner of the department of safety, or designee.
(c) The director of homeland security and emergency management, or designee.
(d) A member from the town of Seabrook, appointed by the select board of that town.
(e) A member from the town of Hampton, appointed by the select board of that town.
(f) Two members of the house of representatives, one of whom shall be a member of the committee that addresses public works issues, appointed by the speaker of the house of representatives.
(g) Two members of the senate, one of whom shall be a member of the committee that addresses public works issues, appointed by the president of the senate.
(h) The chairman of the New Hampshire public utilities commission, or designee.
(i) A member from Florida Power and Light, appointed by that organization.
(j) A member from the Hampton Beach Commission, appointed by that organization.
(k) A member of the Rockingham Planning Commission, appointed by that organization.
II. All members of the commission shall serve without pay, except that legislative members shall receive mileage in performance of the duties of the commission.
107-E:3 Radiological Emergency Evacuation Infrastructure Fund.
I. There is established a special fund to be known as the radiological emergency evacuation infrastructure fund. The fund shall consist of such moneys collected by the department of transportation under paragraph II and such moneys that may be appropriated or federal and other non-state source grants or funds received for the purposes of this chapter. The fund shall be managed by the state treasurer, shall be nonlapsing, and shall be continually appropriated for the purposes of this chapter.
II. The cost of preparing, maintaining, and operating a radiological emergency evacuation infrastructure maintenance and repair priority list shall be assessed against each nuclear facility in the state in such proportions as the commissioner of transportation determines to be fair and equitable.
III. Any municipality in the emergency planning zone, as defined in Nuclear Regulatory Commission regulation Title 10, Code of Federal Regulations, Part 50, may adopt impact fees, as defined in RSA 674:21, V, on developers in order to complete projects on the radiological emergency evacuation infrastructure list. Any money collected by a municipality under this section shall be deposited in the radiological emergency evacuation infrastructure list. Any money collected by a municipality under this section shall be deposited in the radiological emergency evacuation infrastructure fund established in this section.
IV. The commissioner of transportation shall be authorized to accept public sector and private sector grants, gifts, or donations of any kind for the purpose of funding the completion of projects on the radiological emergency evacuation infrastructure list. Such grants, gifts, and donations shall be deposited in the radiological emergency evacuation infrastructure fund established in this section.
V. The commissioner of transportation 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.
VI. Within 60 days after the close of the fiscal year, the commissioner of transportation 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.
VII. The department of transportation 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.
107-E:4 Legislative Designated Infrastructure. The general court designates the following for inclusion in the commissioner of transportation’s list of roads, bridges, seawalls, and other infrastructure necessary for the safe evacuation of the public in the event of a radiological emergency under RSA 107-E:1.
I. The bridge on Route 107 in Seabrook which crosses Interstate 95 and is the only bridge to the western part of that town.
II. The seawall along Route 1A in Hampton that protects the roadway.
III. The bridge crossing the Hampton River.
2 New Subparagraph; Radiological Emergency Evacuation Infrastructure Fund. Amend RSA 6:12,I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the radiological emergency evacuation infrastructure fund under RSA 107-E:3.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0592
01/20/09
HB 687-FN-A - FISCAL NOTE
AN ACT establishing a radiological emergency evacuation infrastructure program.
FISCAL IMPACT:
The Department of Transportation states this bill will increase state restricted revenues and expenditures by an indeterminable amount in FY 2009 and each year thereafter. This bill will have no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
This bill establishes a radiological emergency evacuation infrastructure program and establishes a radiological emergency evacuation infrastructure fund. The Department of Transportation states this bill establishes a non-lapsing, continually appropriated radiological emergency evacuation infrastructure fund, which shall consist of monies collected from assessments made against each nuclear facility and any other monies appropriated or received for the purposes of the proposed legislation. The Department states this bill will increase state restricted revenues by any amounts collected from the nuclear facilities or any grants, gifts, or donations received by the Department for the purposes of the proposed legislation.
The Department also notes that the proposed legislation requires the commissioner to establish and maintain a list of roads, bridges, seawalls, and other infrastructure necessary for the safe evacuation of the public in the event of a radiological emergency. The Department states that this requirement will result in an indeterminable increase in state restricted expenditures resulting from costs associated with the establishment of said list. The Department also notes that the costs associated with the maintenance of infrastructure associated with the radiological infrastructure program would be shifted from the highway fund to the newly established radiological emergency evacuation infrastructure fund.
This bill does not contain an appropriation.