Legislative intent — Definitions

Ark. Code Ann. § 20-21-401 — under Radiation Protection.

Ark. Code Ann. § 20-21-401

(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 nuclear-powered electricity generating 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 nuclear-powered electricity generating 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 utilities operating the nuclear-powered electricity generating 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.

(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 Fiscal 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.

(1) “Chief financial officer” means:(A) The Chief Fiscal Officer of the State; or(B) The Chief Fiscal Officer of the Department of Public Safety; and

(A) The Chief Fiscal Officer of the State; or

(B) The Chief Fiscal 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.

(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;

(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

(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.

(i) Determined to be necessary by the Department of Health; and

(ii) Approved by the Director of the Division of Emergency Management.