Substitute House Bill No. 5335
          Substitute House Bill No. 5335

              PUBLIC ACT NO. 98-226


AN   ACT   CONCERNING   NUCLEAR  SAFETY  EMERGENCY
PREPAREDNESS AND THE  AUTHORITY  OF THE COMMISSION
ON   FIRE  PREVENTION   AND   CONTROL   TO   ADOPT
REGULATIONS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section   28-31  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Department  of  Public Utility Control
shall  establish  a   nuclear   safety   emergency
preparedness account, which  shall  be a separate,
nonlapsing account within  the  General  Fund, and
which shall be financed through assessments of all
Nuclear Regulatory Commission  licensees operating
nuclear power generating  facilities in the state.
The   department  shall   initially   assess   the
licensees for a  total of two million dollars. [At
such time as  the  balance  of  this account falls
below three hundred  thousand  dollars,  the]  THE
department may assess  licensees  for such amounts
as necessary for  the  purposes  of  the  account,
provided the balance  in the account AT THE END OF
THE  FISCAL YEAR  may  not  exceed  three  hundred
thousand dollars. The  department  [, upon request
of  the  director   of  the  Office  of  Emergency
Management and with  the approval of the Secretary
of the Office of Policy and Management, may assess
the licensees for special nonrecurring expenses in
any year for  a  total  not  to exceed one hundred
thousand  dollars, provided  the  balance  in  the
account does not  at any time exceed three hundred
thousand dollars, and]  shall  annually assess the
licensees, upon the  request  of  the [director of
the Office of  Emergency  Management] COMMISSIONER
OF PUBLIC SAFETY,  for  funding  to support annual
expenses of five staff positions in the Department
of Environmental Protection  and [two] THREE staff
positions in the  [Office of Emergency Management]
DEPARTMENT OF PUBLIC  SAFETY.  Personnel  shall be
assigned to said  staff  positions  solely for the
purposes of the  program  established  pursuant to
subsection   (b)   of    this   section.   Federal
reimbursements and grants  obtained  in support of
the nuclear safety  emergency preparedness program
shall be paid  into  the General Fund and credited
to the account.  The  department  shall develop an
equitable method of  assessing  the  licensees for
their   reasonable   pro-rata    share   of   such
assessments.  All  such   assessments   shall   be
included as operating  expenses  of  the licensees
for purposes of rate-making. All moneys within the
account shall be  invested  by the State Treasurer
in   accordance   with    established   investment
practices  and  all   interest   earned   by  such
investments shall be returned to the account.
    (b) Moneys in the account shall be expended by
the  director  of   the   [Office   of   Emergency
Management]  COMMISSIONER  OF  PUBLIC  SAFETY,  in
conjunction with the Commissioner of Environmental
Protection, only to  support  the  activities of a
nuclear safety emergency  preparedness program and
only in accordance  with  the plan approved by the
Secretary of the  Office  of Policy and Management
under subsection (c)  of this section. The program
shall include, but  not necessarily be limited to:
(1)  Development  of  a  detailed  fixed  facility
nuclear   emergency  response   plan   for   areas
surrounding  each  nuclear  electrical  generation
facility  and each  away-from-reactor  spent  fuel
storage facility, (2) annual training of state and
local    emergency   response    personnel,    (3)
development of accident  scenarios  and exercising
of  fixed  facility   nuclear  emergency  response
plans,  (4)  provision   of  specialized  response
equipment necessary to  accomplish this task [and]
(5)  SUPPORT  FOR   THE  OPERATIONS  AND  PERSONAL
SERVICES  COSTS  OF  THE  RADIOLOGICAL  INSTRUMENT
MAINTENANCE AND CALIBRATION FACILITY, AS NECESSARY
TO  REPLACE  ANY   REDUCTION  IN  CURRENT  FEDERAL
FUNDING AND (6)  any  other  measures  as  may  be
required by the  Nuclear Regulatory Commission and
the Federal Emergency Management Agency. Moneys in
the account shall  be  distributed  as  follows to
carry  out  the   purposes  of  the  program:  The
[director]  COMMISSIONER  OF   PUBLIC  SAFETY  may
expend not more  than  twenty-five per cent of the
proceeds  of the  maximum  annual  assessment  for
administrative functions incident  to the program.
He  may  expend   such  additional  funds  as  are
necessary  to  assure   and   maintain   emergency
operations  center  capabilities  and  specialized
response  equipment  necessary  to  implement  the
fixed facility nuclear  emergency  response plans.
The  remaining  moneys   in  the  account  may  be
allocated to other  state  agencies  and  used  to
reimburse municipalities for costs incurred in the
purchase  and maintenance  of  equipment  and  for
services rendered in  carrying out the purposes of
the program.
    (c) Not later  than  November first, annually,
the  [director  of   the   Office   of   Emergency
Management]  COMMISSIONER  OF  PUBLIC  SAFETY,  in
consultation    with    the     Commissioner    of
Environmental  Protection,  shall  submit  to  the
Secretary of the Office of Policy and Management a
plan for carrying  out the purposes of the nuclear
safety emergency preparedness  program  during the
next state fiscal  year.  The  plan  shall include
proposed itemized expenditures  AND  MEASURES  for
the program. The  secretary  shall review the plan
and,  not later  than  December  first,  annually,
approve the plan  if it conforms to the provisions
of this section.
    (d)  All  moneys  within  the  nuclear  safety
emergency  preparedness account  may  be  expended
only in accordance  with  the  provisions  of this
section.
    (e)   Notwithstanding   the    provisions   of
subsection (a) of  this section, the Department of
Public Utility Control  may  allow  an  additional
assessment  of the  licensees  to  supplement  the
initial assessment of such licensees if either the
Nuclear  Regulatory  Commission   or  the  Federal
Emergency   Management   Agency   disapproves   or
informs, in writing, the director of the Office of
Emergency  Management  that   it   is   likely  to
disapprove    the   nuclear    safety    emergency
preparedness  plan and  additional  funds  are  or
would be needed  to conform the plan to acceptable
standards.
    Sec. 2. Section 7-323l of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) The commission shall:
    [(a)]  (1)  Recommend   minimum  standards  of
education and physical  condition required of each
candidate for any fire fighter position;
    [(b)]  (2)  Establish  standards  for  a  fire
service  training  and  education  program,  on  a
voluntary  basis,  and   develop  and  conduct  an
examination program to  certify those fire service
personnel  who  satisfactorily  demonstrate  their
ability  to meet  the  requirements  of  the  fire
service training and education program standards;
    [(c)] (3) Conduct  fire  fighting training and
education  programs  designed   to   assist   fire
fighters  in  developing   and  maintaining  their
skills  and  keeping   abreast   of  technological
advances  in fire  suppression,  fire  protection,
fire prevention and related fields;
    [(d)] (4) Recommend standards for promotion to
the various ranks of fire departments;
    [(e)] (5) Be  authorized to apply for, receive
and distribute any  federal  or  private  funds or
contributions available for training and education
of fire fighting personnel; and
    [(f)] (6) Submit  to  the  Governor  and Joint
Legislative Management Committee  of  the  General
Assembly  an  annual   report   relating   to  the
activities, recommendations and accomplishments of
the commission.
    (b) THE COMMISSION  MAY  ADOPT REGULATIONS, IN
ACCORDANCE WITH THE  PROVISIONS  OF CHAPTER 54, AS
ARE NECESSARY TO  IMPLEMENT THE PROVISIONS OF THIS
SECTION.

Approved June 8, 1998