SECTION 1. Section 5K of Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out paragraph (E) and inserting in place there of the following:-
“(E) With respect to the fiscal year in which this section becomes effective, the department is hereby authorized to make an assessment in the amount of not less than $360,000 against the operator of each operating nuclear power plant to support the state radiation monitoring program, when all or part of the plant’s Emergency Planning Zone encompasses areas within the Commonwealth of Massachusetts. With respect to subsequent fiscal years, the department is authorized to make assessments in amounts that, in the aggregate, are not more than 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 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.
The department of public health shall promulgate rules and regulations to implement this act within 180 days of the effective date of passage.
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