It is the policy of the State to protect the public against adverse health effects resulting from nuclear incidents and mitigate the impacts of nuclear incidents by establishing a state of readiness through emergency preparedness. The General Assembly finds that the nuclear industry should bear the costs associated with developing and implementing plans to prepare for and mitigate the impacts of nuclear incidents.

There is a Radiation Emergency Response Program. The Department shall administer the Program. The Department shall serve as: An off–site response organization; and The lead State agency for protective actions for all nuclear incidents within the State. The Department shall: Prepare a technical emergency radiation response plan for incorporation into the State emergency management program developed by the Maryland Department of Emergency Management in accordance with Title 14 of the Public Safety Article; and Respond to emergencies that involve a nuclear power plant; Participate in the Federal Emergency Management Administration’s Radiological Emergency Preparedness Program activities applicable to each nuclear power plant; and Procure specialized supplies and equipment for responding to emergencies that involve a nuclear power plant.

The owner of a nuclear power plant shall, for each nuclear power plant owned, remit the fees required under this section to the Department. On or before July 1, 2024, and each July 1 thereafter, the owner of a nuclear power plant shall pay to the Department: Subject to paragraph (2) of this subsection, a fee of $300,000 for the operational costs of the Radiation Emergency Response Program; and Subject to paragraphs (2) and (3) of this subsection, a fee of $60,000 for radiological emergency response preparedness. Subject to subparagraph (ii) of this paragraph, the Department may annually increase the fees under paragraph (1) of this subsection in accordance with the percentage increase in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area during the previous year to ensure adequate funding for the operational costs of the Radiation Emergency Response Program. The Department may not annually increase the fees under paragraph (1) of this subsection by more than 3%. The Department shall transfer the fee collected under paragraph (1)(ii) of this subsection to the Maryland Department of Emergency Management for radiological emergency response preparedness activities. Except as provided in subsection (b)(3) of this section, the fees collected under this section shall be paid into the Radiation Emergency Response Fund under § 8–704 of this subtitle.

In this section, “Fund” means the Radiation Emergency Response Fund. There is a Radiation Emergency Response Fund. The purpose of the Fund is to support the costs of developing and implementing the Radiation Emergency Response Program. The Department shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: Fees collected under § 8–703(b)(1)(i) of this subtitle; Money appropriated in the State budget to the Fund; Interest earnings; and Any other money from any other source accepted for the benefit of the Fund. The Fund may be used only for developing and implementing the Radiation Emergency Response Program, including administrative expenses. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any interest earnings of the Fund shall be credited to the Fund. Expenditures from the Fund may be made only in accordance with the State budget. Money expended from the Fund for the Radiation Emergency Response Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Radiation Emergency Response Program.