(a)
(1) The Chief Fiscal Officer of the State shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. This amount shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year.
(2) The Secretary of the Department of Health shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear generating facilities in the state. The Chief Fiscal Officer of the State shall then notify each utility of the portion of the amount to be paid by each utility.
(b) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear generating facilities in such proportions as the Chief Fiscal Officer of the State shall determine to be most appropriate and equitable.