§ 7131.302. Fund contribution
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 7131.302
§ 7131.302. Fund contribution
(a) Maximum fund contribution.--The sum of $33,000,000, exclusive of interest earned or imputed, shall be the maximum amount to be paid by mandated fund contributors. The actual amounts to be paid by mandated fund contributors shall be ratably reduced to the extent that the department determines that an amount less than $33,000,000 suffices for the purposes of this act, to the extent of voluntary contributions received or reasonably anticipated, or to the extent of actual commitment, for the purposes of this act, of financial resources by persons or organizations other than mandated or voluntary contributors. It is the intent of this section that no funds significantly in excess of those reasonably required to effectuate the purposes of this act be paid into the fund.
(1) Each person who is constructing or is operating in Pennsylvania, pursuant to a construction permit or operating license issued by the United States Nuclear Regulatory Commission, one or more of the nine nuclear power reactor facilities identified in this subsection, which are expected to produce electric energy for commercial purposes and low-level radioactive waste for significant portions of the functional life of the regional facility, shall pay to the department a mandated contribution in the form of a fee for each such reactor facility in the amount and at such time as follows:
Date of required payment | Fee per reactor |
|---|
Not later than the 30th day following the effective date of this act | $933,000 |
July 1, 1991 | $1,200,000 |
July 1, 1992 | $933,000 |
July 1, 1993 | $597,000 |
(2) The provisions of this subsection shall be applicable to the following nuclear power reactor facilities, which are producing or are reasonably anticipated to produce electric energy for commercial purposes and are generating or are reasonably anticipated to generate low-level radioactive waste throughout a significant portion of the functional life of the regional facility:
(c) Voluntary fund contributors.--Any person, other than one required to make fund contributions pursuant to subsection (b), in an Appalachian States Compact member state who anticipates future use of the regional facility may, in one or more of the annual payment periods specified in subsection (b), make a voluntary contribution to the fund by payment to the department. Unless clearly stated otherwise, for the purposes of this act generally, and for the purposes of section 3031 specifically, a person making such a voluntary contribution shall, to the extent of that contribution, be regarded without distinction as a mandated contributor. Such designation does not obligate or require future contributions by such persons. Voluntary contributions shall be applied by the department to reduce the fees of mandated contributors on a pro rata basis.
(d) Contributor reconciliation accounts.--At all times during the effective period of this act, the department shall maintain a reconciliation ledger consisting of a reconciliation account for each person making a contribution under this section. Contributions by such person, and the imputed interest accrued pursuant to subsection (e), shall be promptly debited to the contributor's reconciliation account. Fee payments, and imputed interest thereon, by a person who is a mandated contributor for more than one nuclear power reactor facility shall, for the purposes of this act, be merged in a single reconciliation account in the name of such person.
(e) Imputed interest.--Mandated and voluntary contributions made under this section shall accrue imputed interest. Such interest shall be computed on an annual basis for the period beginning with the time of receipt of a contribution and ending on each successive June 30th. Such interest shall be simple annual interest at a rate equal to the rate then being imposed by the Department of Revenue for unpaid State taxes due and payable to the Commonwealth. It is the intent of this subsection to properly recognize the time value of funds contributed so as to allow for inclusion of that additional imputed interest in fixing surcharges provided for by section 303. Accordingly, withdrawal from the fund and expenditure by the department of funds contributed under this section shall not be credited against, deducted from or otherwise cause to diminish the debit balance of contributors' reconciliation accounts on which imputed interest is accrued under this subsection. The imputed interest required by this subsection is a separate and distinct calculation for the purpose of implementing section 303 and shall not, for any purpose or in any circumstance, be regarded as the actual interest on amounts in the fund which may be earned pursuant to section 301(a).2
(f) Final value of contributions.--For the purposes of determining surcharges and otherwise administering the provisions of section 303, the debit balance in each contributor's reconciliation account as of June 30, 1994, together with imputed interest accrued thereon, shall be regarded as the final reconciliation account value of each contributor, and the sum of all such contributor's final reconciliation account values shall be regarded as the final reconciliation control account value. No further imputed interest shall be accrued after that date on the final reconciliation account value of each contributor's account.
(1) Each person who is constructing or is operating one or more of the nine nuclear power reactor facilities identified in subsection (b) shall pay to the host municipality of each such facility five annual payments of $36,000 for each such facility. The first such annual payment shall be paid 30 days after the first day the regional facility began operation and was capable of accepting for disposal waste from any waste depositor. Each of the remaining four annual payments shall be paid at the end of four successive 12-month periods following the date on which the first annual payment was made.
(2) For the purposes of this section only, the term “host municipality” shall mean the municipality other than the county within which one or more of the nine nuclear power reactor facilities is located. In the event that such a facility is located within more than one such host municipality, each annual payment shall be equally divided among them. A host municipality may expend money received under this subsection for any purpose for which the municipality is otherwise authorized by law to expend funds.
Credits
1990, July 11, P.L. 436, No. 107, § 302, imd. effective.
35 P.S. § 7131.302, PA ST 35 P.S. § 7131.302
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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