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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1690
4
5 By: Representative Pilkington
6 By: Senator B. Davis
7
8 For An Act To Be Entitled
9 AN ACT TO TRANSFER THE NUCLEAR PLANNING AND RESPONSE
10 PROGRAM FROM THE DEPARTMENT OF HEALTH TO THE DIVISION
11 OF EMERGENCY MANAGEMENT; TO DECLARE AN EMERGENCY; AND
12 FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO TRANSFER THE NUCLEAR PLANNING AND
17 RESPONSE PROGRAM FROM THE DEPARTMENT OF
18 HEALTH TO THE DIVISION OF EMERGENCY
19 MANAGEMENT; AND TO DECLARE AN EMERGENCY.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. DO NOT CODIFY. Transfer of the Nuclear Planning and
24 Response Program from the Department of Health to the Division of Emergency
25 Management within the Department of Public Safety.
26 (a) The Nuclear Planning and Response Program, established under � 20-
27 21-401 et seq., shall be transferred by a cabinet-level department transfer
28 under � 25-43-101 et seq. from the Department of Health to the Division of
29 Emergency Management on July 1, 2025.
30 (b) The statutory authority, powers, duties, functions, records,
31 personnel, property, contracts, and unexpended balances of appropriations,
32 allocations, or other funds, including the functions of budgeting or
33 purchasing of the Nuclear Planning and Response Program, are transferred to
34 the Division of Emergency Management on July 1, 2025.
35 (c)(1) The transfer of the Nuclear Planning and Response Program does
36 not affect the orders, rules, regulations, directives, or standards made or
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1 promulgated by the Department of Health before the effective date of this
2 act.
3 (2) The orders, rules, regulations, directives, or standards
4 under subdivision (c)(1) of this section shall continue with full force and
5 effect until amended or repealed under authority given by law.
6 (d) The Department of Health shall grant access to and provide all
7 information requested by the Division of Emergency Management to accomplish
8 the transfer of the Nuclear Planning and Response Program.
9
10 SECTION 2. Arkansas Code �� 20-21-401 -- 405 are amended to read as
11 follows:
12 20-21-401. Legislative intent -- Definitions.
13 (a) It is found and determined by the General Assembly that the
14 operation of nuclear nuclear-powered electricity generating facilities in
15 this state raises the possibility of adverse health and ecological effects
16 which could result from radiological incidents or accidents at those
17 facilities and that it is essential to the health and welfare of the citizens
18 of this state and particularly those in close proximity to the facilities
19 that a program be initiated to provide for continuous environmental
20 surveillance in the area of nuclear nuclear-powered electricity generating
21 facilities and to initiate and formulate plans and procedures for immediate
22 emergency response capability in the event of an accident or incident which
23 might endanger the lives or property of persons.
24 (b) The General Assembly further determines that it is appropriate
25 that the utility operating the facilities bear the cost associated with
26 preparing and implementing plans to deal with the effects of nuclear
27 accidents or incidents.
28 (c) Therefore, it is the purpose and intent of this subchapter to:
29 (1) Initiate initiate a program to deal with this matter; and to
30 charge the Department of Health
31 (2) Charge the Division of Emergency Management with the
32 responsibility of carrying out the program; and
33 (3) Provide to provide for funding the program through fees or
34 assessments against utilities operating nuclear nuclear-powered electricity
35 generating facilities.
36 (d) As used in this subchapter:
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1 (1) "Chief financial officer" means:
2 (A) The Chief Fiscal Officer of the State; or
3 (B) The chief financial officer of the Department of
4 Public Safety; and
5 (2) "Continuous environmental radiation surveillance" means:
6 (A) The tracking of radiological dispersal devices or
7 radiological exposure devices:
8 (i) Related to a nuclear-powered electricity
9 generating facility located within this state; and
10 (ii) Located within this state or being transported
11 through this state;
12 (B) Radiological dose assessment and field team response
13 in the area of any nuclear-powered electricity generating facility:
14 (i) Requested by a county judge or mayor during an
15 emergency, drill, or exercise; or
16 (ii) Required for documentation by Public Health and
17 Medical Services, Emergency Function #8; and
18 (C) Any other radiation monitoring service related to a
19 nuclear-powered electricity generating facility located within this state
20 that is:
21 (i) Determined to be necessary by the Department of
22 Health; and
23 (ii) Approved by the Director of the Division of
24 Emergency Management.
25
26 20-21-402. Administration by Department of Health Division of
27 Emergency Management.
28 (a) The Department of Health Division of Emergency Management shall
29 carry out a the Nuclear Planning and Response Program designed to protect the
30 lives and property of persons of this state from radiation hazards and other
31 hazards which may result from the establishment and operation of nuclear
32 electrical nuclear-powered electricity generating facilities in this state.
33 (b) The program shall include:
34 (1) Continuous environmental radiation surveillance in the area
35 of any nuclear nuclear-powered electricity generating facility;
36 (2) The training and education of persons residing in the areas
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1 regarding nuclear hazards and protective measures to be taken in the event of
2 a radiological incident or accident;
3 (3) A plan for immediate emergency response capability in the
4 event of an incident or accident at the facility;
5 (4) The dissemination of information to the public pertaining to
6 radiation hazards;
7 (5) Protective measures, evacuation procedures, and other
8 appropriate actions to be taken in the event of a radiation incident or
9 accident; and
10 (6) Such other matters as the department division shall
11 determine to be necessary or appropriate to educate, inform, and equip
12 citizens of this state to deal with any incident or accident at or resulting
13 from the operation of nuclear nuclear-powered electricity generating
14 facilities.
15 (c) To carry out the responsibilities provided for in this subchapter,
16 the department division may employ such personnel as is deemed necessary to
17 the extent that funds are appropriated therefor by the General Assembly.
18 (d) The Department of Health shall:
19 (1) Provide continuous environmental radiation surveillance as
20 required by subdivision (b)(1) of this section; and
21 (2)(A) Receive compensation for the continuous environmental
22 radiation surveillance required under subdivision (b)(1) of this section
23 from:
24 (i) The Arkansas Nuclear Planning and Response Fund;
25 or
26 (ii) Funds appropriated by the General Assembly to
27 the division for the operation and maintenance of the Nuclear Planning and
28 Response Program.
29 (B) The amount of compensation provided to the department
30 under subdivision (d)(2)(A) of this section shall be:
31 (i) Determined by the chief financial officer; and
32 (ii) Approved by the Director of the Division of
33 Emergency Management.
34
35 20-21-403. Operating funds.
36 (a)(1) The Chief Fiscal Officer of the State chief financial officer
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1 shall annually determine the approximate amount of funds which will be
2 necessary for the operation and maintenance of the Nuclear Planning and
3 Response Program.
4 (2) This amount The amount determined under subdivision (a)(1)
5 of this section shall not be in excess of the total amounts appropriated for
6 the program by the General Assembly for the particular year.
7 (2)(b)(1) The Secretary of the Department of Health Director of
8 the Division of Emergency Management shall certify the amount to each utility
9 in the state which maintains and operates one (1) or more nuclear nuclear-
10 powered electricity generating facilities in the state.
11 (2) The Chief Fiscal Officer of the State chief financial
12 officer shall then notify each utility of the portion of the amount to be
13 paid by each utility.
14 (b)(c) The cost of maintaining and operating the program shall be
15 apportioned to the utilities in this state operating nuclear nuclear-powered
16 electricity generating facilities in such proportions as the Chief Fiscal
17 Officer of the State chief financial officer shall determine to be most
18 appropriate and equitable.
19
20 20-21-404. Fees.
21 (a) There is levied and there shall be collected annually from each
22 utility in this state which operates one (1) or more nuclear nuclear-powered
23 electricity generating facilities a fee in such amount as shall be determined
24 by the Chief Fiscal Officer of the State chief financial officer in the
25 manner prescribed in this subchapter.
26 (b) The fees so levied against each utility shall be remitted by the
27 utility to the Secretary of the Department of Health Director of the Division
28 of Emergency Management within thirty (30) days after the amount thereof is
29 certified by the Chief Fiscal Officer of the State chief financial officer.
30 (c) If any utility shall fail or refuse to pay the fees as provided in
31 this section within the time prescribed, the secretary director shall add to
32 the fee a penalty of twenty-five percent (25%) thereof and shall certify the
33 amount of the delinquent fee and penalty to the Attorney General for
34 collection.
35
36 20-21-405. Arkansas Nuclear Planning and Response Fund.
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1 (a)(1) All funds collected by the Chief Fiscal Officer of the State
2 chief financial officer pursuant to this subchapter shall be deposited into
3 the State Treasury as special revenues, and the full amount thereof shall be
4 credited to the Arkansas Nuclear Planning and Response Fund.
5 (2) Money remaining in the fund at the end of each fiscal year
6 shall carry forward and be made available for the purposes stated in this
7 subchapter in the next fiscal year.
8 (b) The fund shall be used exclusively for the operation and
9 maintenance of the Nuclear Planning and Response Program.
10
11 SECTION 3. Arkansas Code � 20-21-501(3), concerning the definitions
12 related to nuclear planning and response grants, is amended to read as
13 follows:
14 (3) "Division of Health" means the Nuclear Planning and Response
15 Program of the Division of Radiation Control and Emergency Management of the
16 Department of Health, with the Secretary of the Department of Health having
17 the ultimate authority over any activities conducted by that program,
18 division, and department "Emergency planning zone" means the area surrounding
19 a nuclear-powered electricity generating facility identified by the Division
20 of Emergency Management for which special planning and preparedness efforts
21 are carried out to ensure that prompt and effective protective actions can
22 reduce or minimize the impact of releases of radioactive material for public
23 health and safety;
24
25 SECTION 4. Arkansas Code �� 20-21-502 -- 20-21-505 are amended to read
26 as follows:
27 20-21-502. Administration.
28 (a) The Department of Health Division of Emergency Management shall
29 serve as the administering and disbursing agency for a program of issuing
30 grants to those local governments located in such close proximity to the
31 emergency planning zone of nuclear-powered electricity generating facilities
32 in this state that federal regulations or state rules require those local
33 governments to maintain a radiological response plan.
34 (b)(1) Grants shall be issued by the department:
35 (1)(A) To division to the county governments in the affected
36 areas solely for the purpose of defraying costs associated with preparing for
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1 and participating in actual nuclear disaster incidents or practice nuclear
2 disaster exercises.
3 (B)(2) The chief executive officer of each county shall be
4 the agent of the county in entering into any agreements with the department
5 division in order to receive funds under this section.
6 (C)(3) The chief executive officer of each county shall
7 also be the agent of the county in entering into agreements with officials of
8 the local governments or their agencies within each county to disburse the
9 funds under this section.
10 (D)(4) Each county shall be eligible for that proportion
11 of funds issued under this section as is determined fair and necessary under
12 guidelines to be developed by the department division; and
13 (2) To the Division of Emergency Management in quarterly
14 installments for the sole purpose of defraying costs associated with
15 preparing for and participating in actual nuclear disaster incidents or
16 practice nuclear disaster emergency exercises involving nuclear-powered
17 electricity generating facilities in this state.
18
19 20-21-503. Cooperative agreements.
20 (a)(1) Before the award of a grant to a county for the purposes
21 described in this subchapter, the Department of Health Division of Emergency
22 Management shall draw up a proposal for a cooperative agreement between the
23 State of Arkansas and the eligible counties in this state.
24 (2) The proposal shall set forth the activities to be conducted
25 by the county under its radiological response plan as a prerequisite for
26 receipt of grant payments.
27 (3) The proposed cooperative agreement shall include:
28 (A) The responsibilities of the county as prescribed in
29 the county's radiological response plan and the state emergency operations
30 plan, as amended;
31 (B) The means by which the county will demonstrate that it
32 can meet its designated responsibilities, as defined in subdivision (a)(3)(A)
33 of this section, including, but not limited to, without limitation program
34 audits, test exercises, or operational readiness evaluations;
35 (C) The methods of distribution of grant funds to local
36 governments and their agencies to provide a fair opportunity for all
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1 political subdivisions within the county to benefit from grant funds;
2 (D) The intended use of grant funds as reflected in an
3 annual budget to correspond with the state fiscal year; and
4 (E) Any other information determined by the department
5 division to be necessary to ensure compliance with state rules or federal
6 regulations and to ensure that all expenditures of grant funds are in direct
7 support of radiological emergency planning or response.
8 (b)(1) The department division shall submit a proposal for a
9 cooperative agreement to the chief executive officer of each county sixty
10 (60) days before the beginning of the state fiscal year.
11 (2) The fully executed cooperative agreement shall be in effect
12 by August 1 of the state fiscal year.
13 (3) A cooperative agreement is fully executed when it is duly
14 signed by the Director of the Division of Radiation Control and Emergency
15 Management of the Department of Health, as the representative of the
16 department, Division of Emergency Management and the county judge as the
17 chief executive officer of the county.
18 (c) Variances from any portion of the cooperative agreement shall be
19 approved in writing by the director before implementation of the variance.
20 (d)(1)(A) Failure to perform shall result in either suspension of
21 funds for a specified period or complete revocation of the agreement.
22 (B) The specific penalty shall be determined following an
23 assessment of the degree of seriousness imposed by the breach of agreement.
24 (2) The reinstatement of eligibility for a county so penalized
25 shall occur only after satisfactory demonstration that the conditions or
26 situations resulting in the penalty have been corrected.
27 (3) Written notice shall be given to the chief executive officer
28 by the director citing the reason for the penalty and the steps necessary to
29 regain agreement eligibility.
30
31 20-21-504. Disbursal of funds.
32 (a) In disbursing funds The Division of Emergency Management shall
33 disburse grant funds to eligible counties which have satisfactorily fulfilled
34 the requirements of the cooperative agreement as set out in � 20-21-503,.
35 (b) If sufficient grant funds are available, the Department of Health
36 division shall remit a maximum of ten thousand dollars ($10,000) to each of
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1 the eligible counties to be payable during the second month of each quarter
2 of the state fiscal year, which months are August, November, February, and
3 May. The payments shall be made in equal quarterly installments of not to
4 exceed two thousand five hundred dollars ($2,500) minimum of seventy-five
5 thousand dollars ($75,000) to each of the eligible counties.
6
7 20-21-505. Reporting requirements.
8 (a) The chief executive officer of the county shall be responsible for
9 submitting the following progress reports: provide the Division of Emergency
10 Management a progress report at least annually or as required by the
11 division.
12 (1) Quarterly Fiscal Report. Within thirty (30) days following
13 the end of each fiscal quarter, a report detailing the expenditure of grant
14 moneys shall be submitted to the Nuclear Planning and Response Program of the
15 Division of Radiation Control and Emergency Management of the Department of
16 Health. The next quarter's funds shall not be authorized until receipt of the
17 report covering the preceding quarter; and
18 (2) Year-End Program Report. Within thirty (30) days of the
19 completion of the state fiscal year, a report shall be submitted to the
20 program containing the fourth quarter fiscal report and a narrative report on
21 the status of the county's ability to implement its radiological response
22 plan.
23 (b) The progress report required under subsection (a) of the section
24 shall contain without limitation:
25 (1) A detailed statement of the expenditure of grant funds; and
26 (2) A narrative report on the status of the county's ability to
27 implement its radiological response plan.
28
29 SECTION 5. Arkansas Code � 20-21-603(b), concerning the creation of
30 the Nuclear Planning and Response Program Advisory Committee, is amended to
31 read as follows:
32 (b) The committee shall:
33 (1) Be aware of the ongoing programs of the Nuclear Planning and
34 Response Program as they relate to continuous environmental radiation
35 surveillance, training and education of persons residing in the ten-mile
36 Emergency Planning Zone, immediate emergency response capability,
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1 dissemination of information to the public, and evacuation procedures;
2 (2) Advise on the applicability of any federal guidelines that
3 may affect their respective towns and counties;
4 (3) Review and comment regarding the operations and coordination
5 of required annual exercises as they relate to their off-site emergency
6 capabilities to respond to a radiological incident at Arkansas Nuclear One,
7 Units One and Two;
8 (4)(A) Meet at least one (1) time in each fiscal year and at
9 other times on the call of the Director of the State Radiation Control Agency
10 Division of Emergency Management or his or her designee.
11 (B) A written and timely notice of the time, place, and
12 purpose of meetings shall be mailed by the State Radiation Control Agency
13 Division of Emergency Management to all committee members; and
14 (5) Conduct meetings in such a fashion that the local public has
15 received adequate notice and that space is provided for attendance.
16
17 SECTION 6. EMERGENCY CLAUSE. It is found and determined by the
18 General Assembly of the State of Arkansas that the Nuclear Planning and
19 Response Program preserves the public peace, health, and safety by protecting
20 the lives and property of persons in this state from radiation hazards and
21 other hazards which may result from the establishment and operation of
22 nuclear-powered electricity generating facilities in this state; that this
23 act provides for the transfer of the Nuclear Planning and Response Program to
24 the Division of Emergency Management; and that this act should become
25 effective on July 1, 2025, to coincide with the appropriation bills of the
26 Division of Emergency Management and the Department of Health so that the
27 Nuclear Planning and Response Program continues to provide its vital services
28 as the transition is implemented and does not experience any issues with
29 funding under the transfer. Therefore, an emergency is declared to exist, and
30 this act being necessary for the preservation of the public peace, health,
31 and safety shall become effective on July 1, 2025.
32
33
34
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