A BILL TO BE ENTITLED
AN ACT to authorize the department of environment and natural resources to charge and collect fees to ensure homeland security in north carolina and to ensure that radioactive material and certain other types of radiation receive adequate regulatory oversight and monitoring, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 104E‑19(a) reads as rewritten:
"(a)	In order to meet the anticipated costs of administering the educational and training programs in G.S. 104E‑11(c); of enforcing and carrying out the inspection provisions in G.S. 104E‑7(a)(7) and G.S. 104E‑11(a); of administering the licensing and registration provisions under G.S. 104E‑7(a)(2), 104E‑7(a)(4), 104E‑7(a)(6), and 104E‑10.3; of reviewing submissions as provided under G.S. 104E‑9(a)(3); of collecting information as provided under G.S. 104E‑9(a)(4); of responding to emergencies and incidents as provided under G.S. 104E‑9(a)(5); and of developing and maintaining a statewide environmental radiation program for monitoring radioactivity as provided under G.S. 104E‑9(a)(6), the Department may charge and collect reasonable fees as it may by rule establish."
SECTION 2.  G.S. 104E‑9(a)(5) reads as rewritten:
"(5)	To respond to any emergency  or incident that involves possible or actual release of radioactive material;  to respond to any emergency or incident that involves possible or actual unexpected exposures to sources of radiation; to perform investigations of situations that involve, are alleged to involve, or could potentially involve sources of radiation that could negatively impact the public health and safety; to perform or supervise decontamination and otherwise protect the public health and safety in any manner deemed necessary; and to charge responsible parties for any costs incurred by the State in carrying out this response, investigation, decontamination, or other actions necessary to protect public health and safety. This section does not in any way alter or change the provisions of Chapter 166 of the North Carolina General Statutes concerning response during an emergency by the Department of Military and Veterans Affairs or its successor. This section does not apply to fixed nuclear facilities in North Carolina that produce nuclear fuel or electricity subject to the provisions of a license issued by the United States Nuclear Regulatory Commission."
SECTION 3.  G.S. 104E‑9(a)(8) reads as rewritten:
"(8)	To establish annual fees for activities under this Chapter based on actual administrative costs to be applied to training, enforcement, licensure and registration, certification, inspection, and collection of information related to the sources of radiation pursuant to the provisions of this Chapter and to charge and collect fees from operators and users of low‑level radioactive waste facilities pursuant to the provisions of this Chapter."
SECTION 4.  G.S. 104E‑16(a)(1) reads as rewritten:
"(1)	Response to and decontamination of radiation emergencies and incidents as provided in G.S. 104E‑9(a)(5), or".
SECTION 5.  This act becomes effective July 1, 2006.