State Codes and Statutes
Statutes > Vermont > Title-20 > Chapter-1 > 38
§ 38. Special funds
(a)(1) There is created a radiological emergency response plan fund, into which any entity operating a nuclear reactor or storing nuclear fuel and radioactive waste in this state (referred to hereinafter as "the nuclear power plant") shall deposit the amount appropriated to support the Vermont radiological response plan for that fiscal year, adjusted by any balance in the radiological emergency response plan fund from the prior fiscal year. There shall also be deposited into the fund any monies received from any other source, public or private, that is intended to support the radiological emergency response planning process. The fund shall be managed in accordance with subchapter 5 of chapter 7 of Title 32. Any interest earned on the balance in the fund shall be retained by the fund.
(2) Expenditures from the fund shall be made by the division of emergency management, subject to an annual legislative appropriation. As part of the annual appropriations process, the division of emergency management shall present a budget for the ensuing fiscal year that anticipates the expenditures that will be made from the fund. Each fiscal year, the division of emergency management in collaboration with the state and local agencies, the management of the nuclear power plant, the selectboards of the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or emergency planning zone entity defined by the state as required to support the radiological emergency response plan shall develop the budget for expenditures from the radiological emergency response plan fund. State personnel with responsibility for local coordination and plan development shall be physically located in the region. The annual budget shall include only expenditures necessary to support the radiological emergency response plan.
(3) [Repealed.]
(4) [Deleted.]
(5) The state shall bill the nuclear power plant on a monthly basis based on the budget presented and approved by the legislature. The nuclear power plant shall have the right to audit the books and records of the fund.
(6) Upon the permanent cessation of operation of the nuclear reactor and final removal of all nuclear fuel and radioactive waste, and the removal of emergency response plan regulations and state responsibilities applicable to it by the Federal Nuclear Regulatory Commission and any other federal agency having regulatory jurisdiction, and after all outstanding debts have been paid, all monies remaining in the fund shall be repaid to the nuclear power plant, and the fund terminated.
(b) There is created a hazardous chemical and substance emergency response fund which shall include all moneys paid to the state pursuant to section 39 of this title. The fund shall be managed pursuant to the provisions of subchapter 5 of chapter 7 of Title 32. The fund shall be used to implement and administer this chapter, including planning, training and response activities as well as the purchase of equipment and assisting local organizations referred to in section 6 of this chapter to develop emergency response plans. Each local emergency planning committee shall receive a minimum grant of $1,500.00, and $4,000.00 as of July 1, 2007, annually and may petition the state emergency response commission for additional funds if needed and available. After disbursement of the minimum grant amounts and after consideration of the comments and evaluation received from the appropriate local emergency planning committee, the commissioner with the approval of the emergency response commission may make additional grants from the fund to any local emergency planning committee or regional emergency response commission as well as to any political subdivisions including any city, town, fire district, incorporated village and other incorporated entities in the state in accordance with rules adopted by the state emergency response commission. Unless waived by the state emergency response commission, grants shall be matched by local governments in the amount of 25 percent of the grant. The matching may be by contribution or by privately furnished funds or by in-kind services, space or equipment which would otherwise be purchased by a local emergency planning committee. (Added 1989, No. 252 (Adj. Sess.), § 26; amended 1993, No. 194 (Adj. Sess.), § 6, eff. June 14, 1994; 1995, No. 178 (Adj. Sess.), § 425, eff. May 22, 1996; 1997, No. 59, § 5, eff. June 30, 1997; 1999, No. 49, § 206; 2001, No. 142 (Adj. Sess.), § 114; 2003, No. 66, §§ 97a, 97b; 2005, No. 209 (Adj. Sess.), § 26; No. 215 (Adj. Sess.), § 68b; 2007, No. 65, § 71a; 2007, No. 192 (Adj. Sess.), § 5.904; 2009, No. 33, § 41.)
