HOUSE DOCKET, NO. 852        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1133

The Commonwealth of Massachusetts

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PRESENTED BY:

James M. Cantwell

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to amend Section 5K(E) of Chapter 111.

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PETITION OF:

HOUSE DOCKET, NO. 852        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1133

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1899 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to amend Section 5K(E) of Chapter 111.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 4: Said section 5K(E) of said chapter 111, as appearing in the 2014 official edition, is hereby amended by adding the following paragraph:

The department is hereby authorized to make assessments against (i) the operator of each existing and proposed nuclear power plant in the commonwealth, that is in operation and during post-closure until NRC terminates the operating license and (ii) electric companies in the commonwealth which own, in whole or in part, or purchase power from the Seabrook nuclear power plant and/or Vermont Yankee nuclear power plant to defray costs incurred by the department’s radiation control program in the performance of its duties under this section.  With respect to the fiscal year in which this section becomes effective, the department is authorized to make assessments in the amount of not less than $500,000 with respect to each of such nuclear power plants.  With respect to subsequent fiscal years, the department is authorized to make assessments in amounts that, in the aggregate, are equal to the costs incurred in the prior fiscal year by the department’s radiation control program in the performance of its duties under this section.  The department is hereby further authorized to make a collection, based on such assessments, of monies from said operators of nuclear power plants to defray the cost of such activities. The decommissioning trust fund shall not be used to pay all or any portion of the annual fee. The department shall send notice of its assessment to the individual company against which an assessment is made, and said company shall pay such assessment within 30 days of the notice of the assessment; provided, however, that such company shall have a reasonable opportunity to submit objections concerning said assessment to the department for review. If, after completion of such review, the department determines the assessment is valid, the department shall issue a demand for such assessment, and the company against which such assessment is made shall pay such assessment immediately. If a company subject to assessment under this section fails to pay the assessment within 30 days of the notice of the assessment, or fails to pay the demand for assessment upon completion of the final review, whichever occurs later, the department may refer such matter to the department of revenue for the collection of the assessment in accordance with applicable enforcement provisions pursuant to chapter 62C. The amount so collected shall be deposited into the General Fund and credited to the department.