26-306.01. 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 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 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 pursuant to subsection C of this section, plus interest at a rate of ten percent per year, and shall be contained in the same 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 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.