Bill Text: NY S02999 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to funding for emergency management services for certain counties with non-operational nuclear power plants.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S02999 Detail]

Download: New_York-2021-S02999-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2999--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to funding for  emergency
          management  services for certain counties with non-operational nuclear
          power plants

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 29-c of the executive law, as added by chapter 708
     2  of the laws of 1981, paragraph  (b)  of  subdivision  2  as  amended  by
     3  section  1  of  part R of chapter 56 of the laws of 2009 and subdivision
     4  3-a as added by chapter 728 of the laws of 1992, is amended to  read  as
     5  follows:
     6    § 29-c. Radiological preparedness. 1. The commission:
     7    (a)  may monitor directly and record the off-site presence of radioac-
     8  tive material in the vicinity of any nuclear electric generating facili-
     9  ties, decommissioned facilities, facilities  in  the  process  of  being
    10  decommissioned  or  those  decommissioned  nuclear  electric  generating
    11  facilities being used for spent fuel  nuclear  storage  located  in  the
    12  state of New York;
    13    (b)  shall obtain from the licensees, United States nuclear regulatory
    14  commission-required  high  range  radiation,  temperature  and  pressure
    15  levels  in  the  containment  buildings  and in the containment building
    16  vents of nuclear electric generating facilities located in the state  of
    17  New York; and,
    18    (c) shall obtain, subject to the approval of the United States nuclear
    19  regulatory  commission,  any  reactor or spent fuel data provided by the
    20  licensee to the United States nuclear regulatory commission,  which  the
    21  disaster  preparedness  commission determines, as a result of the report

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04026-04-1

        S. 2999--A                          2

     1  issued pursuant to section twenty-nine-d of this article, to be a  reli-
     2  able indicator of a possible radiological accident.
     3    Upon  the  occurrence of a radiological accident, the commission shall
     4  promptly provide appropriate and available radioactivity monitoring data
     5  to any chief executive  who  requests  it.  For  the  purposes  of  this
     6  section,  the  term "radiological accident" shall be limited to a radio-
     7  logical accident occurring at a nuclear electric generating site or  any
     8  inactive  nuclear electric generating site being used as a nuclear spent
     9  fuel storage facility.
    10    2. (a) Any licensee of the United States nuclear regulatory commission
    11  for a nuclear electric generating facility or inactive nuclear  electric
    12  generating  site used for a nuclear spent fuel storage facility shall be
    13  liable for an annual fee to support state and local governmental respon-
    14  sibilities under  accepted  radiological  emergency  preparedness  plans
    15  related to the facility operated by such licensee.
    16    (b)  The  amount  of  such  fee  shall be one million dollars for each
    17  active nuclear electric generating reactor. Such  fee,  which  shall  be
    18  payable to the commission on or before December first, shall be expended
    19  or distributed only by appropriation.
    20    (c) The amount of such fee for an inactive nuclear electric generating
    21  site shall be one thousand dollars annually for each nuclear fuel assem-
    22  bly stored on premises at the facility. Such fee, which shall be payable
    23  to  the  commission  on  or  before December first, shall be expended or
    24  distributed only by appropriation.  For the purposes of this  paragraph,
    25  the following terms shall have the following meanings:
    26    (i)  "Nuclear  fuel  assembly"  shall  mean a structured group of fuel
    27  rods.
    28    (ii) "Fuel rods" shall mean metal tubes containing pellets of fission-
    29  able material that provide fuel for nuclear reactors.
    30    3. Such fees shall be expended  by  the  commission  for  purposes  of
    31  supporting  state  and  local government responsibilities under accepted
    32  radiological emergency preparedness plans, including:
    33    (a) purchase, installation, maintenance  and  operation  of  equipment
    34  used  by  the commission and local governments to monitor and record the
    35  potential and actual presence of radioactive materials within the appro-
    36  priate planning radius from a nuclear electric generating facility;
    37    (b) purchase, storage and distribution by the commission of equipment,
    38  drugs or other material for the purpose of protecting public health  and
    39  safety;
    40    (c) personal service, administrative costs and contractual services;
    41    (d)  emergency services personnel training and the plans, development,
    42  implementation, testing and revisions; and,
    43    (e) the state or local share when applying for matching funds.
    44    3-a. (a) Notwithstanding the provisions of subdivision three  of  this
    45  section,  the  New York state emergency management office (SEMO) and the
    46  coalition of nuclear counties, which constitutes the counties of Monroe,
    47  Wayne, Oswego, Orange, Putnam,  Rockland  and  Westchester,  shall  each
    48  receive  an  equal  one-half  portion  of  the  total amount of proceeds
    49  resulting from the total assessments and contributions made pursuant  to
    50  this section.
    51    (b)  The  one-half  portion  of  the proceeds resulting from the total
    52  assessments and contributions made pursuant to this section received  by
    53  the  coalition  of nuclear counties shall be distributed pursuant to the
    54  following [formula] formulas:
    55    (i) Active nuclear electric generating reactors:
    56    Monroe county 12.3%

        S. 2999--A                          3

     1    [Orange county 10%]
     2    Oswego county 12.5%
     3    [Putnam county 9.8%
     4    Rockland county 18%]
     5    Wayne county 12.4%
     6    [Westchester county 25%]
     7    (ii) Inactive nuclear electric generating reactor sites used for stor-
     8  age:
     9    Orange county 10%
    10    Putnam county 10%
    11    Rockland county 15%
    12    Westchester county 65%
    13    § 2. This act shall take effect immediately.
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