(a) Purpose and intent. It is the purpose of this section to establish the means by which certain radiological emergency response plans and preparedness requirements of the United States nuclear regulatory commission and the federal emergency management agency can be developed and tested by the state, the appropriate counties, and each operator licensed by the United States nuclear regulatory commission to operate a commercial nuclear electric generating facility. It is the express intent of the general assembly that no department, commission, agency, or political subdivision of the state be considered to have assumed or be responsible for the funding of any activity or program required by this section from any sources of funds other than those specifically identified in this section.
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Terms Used In Tennessee Code 58-2-123

  • Agency: means the Tennessee emergency management agency (TEMA). See Tennessee Code 58-2-101
  • Emergency: means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property. See Tennessee Code 58-2-101
  • Emergency management: means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. See Tennessee Code 58-2-101
  • Person: includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural. See Tennessee Code 58-2-101
  • Political subdivision: means any municipality or county, including any county having metropolitan form of government, created pursuant to law. See Tennessee Code 58-2-101
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Definitions. For the purposes of this section, the following terms have the meanings indicated:

(1) “Appropriate county” means a county which is required by the United States nuclear regulatory commission or the federal emergency management agency to be designated a risk or a host county;
(2) “Facility” means a commercial nuclear electric generating reactor operated for the purpose of providing heat to produce electricity for sale to persons other than the owner of the facility;
(3) “Operator” means that person who has applied for or who has been granted a license by the United States nuclear regulatory commission for the operation of a facility; and
(4) “Plans” means the radiological emergency response plans and preparedness in support of nuclear power plants requirements, including facilities and equipment, currently contained in nuclear regulatory commission regulation 0654 (NUREG-0654) and FEMA-radiological emergency plan 1 (FEMA-REP-1) or as may be required by cognizant federal agencies in the future.
(c) Emergency response plans. In addition to the other plans required by this chapter, TEMA shall develop, prepare, test, and implement as needed, in conjunction with the appropriate counties and the affected operator, such radiological emergency response plans and preparedness requirements as may be imposed by the United States nuclear regulatory commission or the federal emergency management agency as a requirement for obtaining or continuing the appropriate licenses for a commercial nuclear electric generating facility.
(d) Powers and duties. In implementing the requirements of this section, the director of the agency or the director’s designated representative, shall:

(1) Negotiate and enter into such additional contracts and arrangements among the agency, appropriate counties, and each operator to provide for the level of funding and the respective roles of each in the development, preparation, testing, and implementation of the plans;
(2) Evaluate and determine the adequacy of the plans based upon consultations with the United States nuclear regulatory commission and other agencies, as appropriate, and upon the results of such tests as may be conducted;
(3) Limited to such funding as is available based upon the requirements of subdivision (d)(5), require the participation of appropriate counties and operators in the development, preparation, testing, or implementation of the LANs as needed;
(4) Determine the reasonableness and adequacy of the provisions, terms, and conditions of the plans and, in the event the appropriate counties and the operators cannot agree, resolve such differences and require compliance by the appropriate counties and the operators with the plans. In resolving such differences, the director shall consider:

(A) The requirements and parameters placed on the operators by federal law and agencies;
(B) The reasonableness and adequacy of the funding for appropriate counties from any sources of funds other than local revenue sources; and
(C) The reasonableness and appropriateness of the costs to the appropriate counties likely to be incurred in complying with the provisions, terms and conditions of the plans;
(5) Receive, expend, and disburse such funds as are made available by each licensee pursuant to this section; and
(6) Limited to such funding as is available based upon the requirements of subsection (e), coordinate all activities undertaken pursuant to this section or required of appropriate counties and operators by any federal or state agency.
(e) Funding. All funds for the implementation of this section shall be provided by the operators as required by subsection (d), except that operators may enter into bilateral agreements with other state agencies or appropriate counties when necessary. No political subdivision of the state shall be considered to have obligated or consented to have obligated any funds from any local revenue source whatsoever by complying with this section.
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