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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
appropriations; nuclear emergency fund
Purpose
An emergency measure that appropriates monies from the Nuclear Emergency Management Fund (Fund) to the Department of Emergency and Military Affairs (DEMA) and the Arizona Department of Agriculture (AZDA) in FY 2026 and FY 2027 to implement the state off-site nuclear emergency response plan (plan).
Background
Commercial nuclear power plants are mandated by federal law to maintain and implement onsite and offsite emergency response plans to meet licensure requirements. Offsite response plans are comprehensive systems of measures to prevent, minimize and contain the potential consequences of radiological emergencies that extend beyond the site of a nuclear power plant. Nuclear power reactors used for the generation of electricity fall under the regulatory authority and licensure of the U.S. Nuclear Regulatory Commission (10 C.F.R. § 50.47).
The Division of Emergency Management (Division) is administered by DEMA. The Division has the overall and primary responsibility for developing the plan. The Director of the Division (Director) is responsible for the coordination of emergency response activities and making necessary arrangements with the federal government and applicable state agencies for emergency management planning and activities (A.R.S. §§ 26-305; 26-305.01; and 26-306).
The Fund consists of an assessment levied against each consortium of corporations engaged in constructing or operating a commercial nuclear generating station in Arizona. The Legislature must appropriate an amount determined to be sufficient to develop, maintain and support the plan after hearing the Director's recommendations on a biennial basis. The Division must use Fund monies for administering and enforcing the plan. Monies deposited in the Fund are exempt from statutes relating to lapsing of appropriations, except that any monies that remain unexpended and unencumbered at the end of each fiscal year from the distributions made from the Fund to the Division, the AZDA and Maricopa County agencies and departments revert to the Fund and are used to reduce the assessment and appropriation to the Fund for the following fiscal year (A.R.S. §§ 26 306.01 and 26-306.02).
S.B. 1009 appropriates $2,667,991 in FY 2026 and $2,761,339 in FY 2027 from the Fund. There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Appropriates $2,617,991 in FY 2026 and $2,711,339 in FY 2027 from the Fund to the following agencies as follows:
a) $1,266,916 and 8 full-time equivalent positions (FTEs) in FY 2026 and $1,311,566 and 8 FTEs in FY 2027 to the Division for the plan;
b) $347,109 and 2.44 FTEs in FY 2026 and $352,877 and 2.44 FTEs in FY 2027 to AZDA for the plan;
c) $953,966 in FY 2026 and $996,896 in FY 2027 to the Division to disburse to Maricopa County departments and agencies that are assigned responsibilities in the plan; and
d) $100,000 in FYs 2026 and 2027 to the Division to disburse to Buckeye departments and agencies that are assigned responsibilities in the plan.
2. Applies an assessment of $2,617,991 in FY 2026 and $2,711,339 in FY 2027, plus any applicable interest, against each consortium of public service corporations and municipal corporations engaged in constructing or operating a commercial nuclear generating station in Arizona.
3. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
January 16, 2025
LM/JP/ci