Legislative intent — Definitions.
Ark. Code Ann. § 20-21-401
in effect(a) It is found and determined by the General Assembly that the operation of nuclear-powered electricity generating facilities in this state raises the possibility of adverse health and ecological effects which could result from radiological incidents or accidents at those facilities and that it is essential to the health and welfare of the citizens of this state and particularly those in close proximity to the facilities that a program be initiated to provide for continuous environmental surveillance in the area of nuclear-powered electricity generating facilities and to initiate and formulate plans and procedures for immediate emergency response capability in the event of an accident or incident which might endanger the lives or property of persons.
(b) The General Assembly further determines that it is appropriate that the utility operating the facilities bear the cost associated with preparing and implementing plans to deal with the effects of nuclear accidents or incidents.
(c) Therefore, it is the purpose and intent of this subchapter to:
(1) Initiate a program to deal with this matter;
(2) Charge the Division of Emergency Management with the responsibility of carrying out the program; and
(3) Provide for funding the program through fees or assessments against utilities operating nuclear-powered electricity generating facilities.
(d) As used in this subchapter:
(1) "Chief financial officer" means:
(A) The Chief Fiscal Officer of the State; or
(B) The chief financial officer of the Department of Public Safety; and
(2) "Continuous environmental radiation surveillance" means:
(A) The tracking of radiological dispersal devices or radiological exposure devices:
(i) Related to a nuclear-powered electricity generating facility located within this state; and
(ii) Located within this state or being transported through this state;
(B) Radiological dose assessment and field team response in the area of any nuclear-powered electricity generating facility:
(i) Requested by a county judge or mayor during an emergency, drill, or exercise; or
(ii) Required for documentation by Public Health and Medical Services, Emergency Function #8; and
(C) Any other radiation monitoring service related to a nuclear-powered electricity generating facility located within this state that is:
(i) Determined to be necessary by the Department of Health; and
(ii) Approved by the Director of the Division of Emergency Management.
20-21-402. Administration by Division of Emergency Management.
(a) The Division of Emergency Management shall carry out the Nuclear Planning and Response Program designed to protect the lives and property of persons of this state from radiation hazards and other hazards which may result from the establishment and operation of nuclear-powered electricity generating facilities in this state.
(b) The program shall include:
(1) Continuous environmental radiation surveillance in the area of any nuclear-powered electricity generating facility;
(2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident;
(3) A plan for immediate emergency response capability in the event of an incident or accident at the facility;
(4) The dissemination of information to the public pertaining to radiation hazards;
(5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and
(6) Such other matters as the division shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear-powered electricity generating facilities.
(c) To carry out the responsibilities provided for in this subchapter, the division may employ personnel as is deemed necessary to the extent that funds are appropriated therefor by the General Assembly.
(d) The Department of Health shall:
(1) Provide continuous environmental radiation surveillance as required by subdivision (b)(1) of this section; and
(2)(A) Receive compensation for the continuous environmental radiation surveillance required under subdivision (b)(1) of this section from:
(i) The Arkansas Nuclear Planning and Response Fund; or
(ii) Funds appropriated by the General Assembly to the division for the operation and maintenance of the Nuclear Planning and Response Program.
(B) The amount of compensation provided to the department under subdivision (d)(2)(A) of this section shall be:
(i) Determined by the chief financial officer; and
(ii) Approved by the Director of the Division of Emergency Management.
20-21-403. Operating funds.
(a)(1) The chief financial officer shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program.
(2) The amount determined under subdivision (a)(1) of this section shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year.
(b)(1) The Director of the Division of Emergency Management shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear- powered electricity generating facilities in the state.
(2) The chief financial officer shall then notify each utility of the portion of the amount to be paid by each utility.
(c) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear-powered electricity generating facilities in such proportions as the chief financial officer shall determine to be most appropriate and equitable.
20-21-404. Fees.
(a) There is levied and there shall be collected annually from each utility in this state which operates one (1) or more nuclear-powered electricity generating facilities a fee in such amount as shall be determined by the chief financial officer in the manner prescribed in this subchapter.
(b) The fees so levied against each utility shall be remitted by the utility to the Director of the Division of Emergency Management within thirty (30) days after the amount thereof is certified by the chief financial officer.
(c) If any utility shall fail or refuse to pay the fees as provided in this section within the time prescribed, the director shall add to the fee a penalty of twenty-five percent (25%) thereof and shall certify the amount of the delinquent fee and penalty to the Attorney General for collection.
20-21-405. Arkansas Nuclear Planning and Response Fund.
(a)(1) All funds collected by the chief financial officer pursuant to this subchapter shall be deposited into the State Treasury as special revenues, and the full amount thereof shall be credited to the Arkansas Nuclear Planning and Response Fund.
(2) Money remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this subchapter in the next fiscal year.
(b) The fund shall be used exclusively for the operation and maintenance of the Nuclear Planning and Response Program.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=583.pdf&ddBienniumSession=2025%2F2025RFetched: 11/8/2026