Bill Text: NY S08383 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to funding for emergency management services for certain counties with non-operational nuclear power plants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-21 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S08383 Detail]
Download: New_York-2019-S08383-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8383 IN SENATE May 21, 2020 ___________ 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 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 [facil-9ities] facility or those decommissioned nuclear electric generating 10 facilities being used for spent fuel nuclear storage located in the 11 state of New York; 12 (b) shall obtain from the licensees, United States nuclear regulatory 13 commission-required high range radiation, temperature and pressure 14 levels in the containment buildings and in the containment building 15 vents of nuclear electric generating facilities located in the state of 16 New York; and, 17 (c) shall obtain, subject to the approval of the United States nuclear 18 regulatory commission, any reactor or spent fuel data provided by the 19 licensee to the United States nuclear regulatory commission, which the 20 disaster preparedness commission determines, as a result of the report 21 issued pursuant to section twenty-nine-d of this article, to be a reli- 22 able indicator of a possible radiological accident. 23 Upon the occurrence of a radiological accident, the commission shall 24 promptly provide appropriate and available radioactivity monitoring data 25 to any chief executive who requests it. For the purposes of this 26 section, the term "radiological accident" shall be limited to a radio- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16334-01-0S. 8383 2 1 logical accident occurring at a nuclear electric generating site or any 2 decommissioned non-nuclear electric generating spent fuel site being 3 used as a nuclear storage facility. 4 2. (a) Any licensee of the United States nuclear regulatory commission 5 for a nuclear electric generating facility or decommissioned nuclear 6 electric generating site used for a nuclear spent fuel storage facility 7 shall be liable for an annual fee to support state and local govern- 8 mental responsibilities under accepted radiological emergency prepared- 9 ness plans related to the facility operated by such licensee. 10 (b) The amount of such fee shall be one million dollars for each 11 active nuclear electric generating reactor. Such fee, which shall be 12 payable to the commission on or before December first, shall be expended 13 or distributed only by appropriation. 14 (c) The amount of such fee for an inactive decommissioned nuclear 15 electric generating site shall be one thousand dollars annually for each 16 spent fuel rod stored on premises at the facility. Such fee, which shall 17 be payable to the commission on or before December first, shall be 18 expended or distributed only by appropriation. 19 3. Such fees shall be expended by the commission for purposes of 20 supporting state and local government responsibilities under accepted 21 radiological emergency preparedness plans, including: 22 (a) purchase, installation, maintenance and operation of equipment 23 used by the commission and local governments to monitor and record the 24 potential and actual presence of radioactive materials within the appro- 25 priate planning radius from a nuclear electric generating facility; 26 (b) purchase, storage and distribution by the commission of equipment, 27 drugs or other material for the purpose of protecting public health and 28 safety; 29 (c) personal service, administrative costs and contractual services; 30 (d) emergency services personnel training and the plans, development, 31 implementation, testing and revisions; and, 32 (e) the state or local share when applying for matching funds. 33 3-a. (a) Notwithstanding the provisions of subdivision three of this 34 section, the New York state emergency management office (SEMO) and the 35 coalition of nuclear counties, which constitutes the counties of Monroe, 36 Wayne, Oswego, Orange, Putnam, Rockland and Westchester, shall each 37 receive an equal one-half portion of the total amount of proceeds 38 resulting from the total assessments and contributions made pursuant to 39 this section. 40 (b) The one-half portion of the proceeds resulting from the total 41 assessments and contributions made pursuant to this section received by 42 the coalition of nuclear counties shall be distributed pursuant to the 43 following [formula] formulas: 44 (i) Active nuclear electric generating reactors: 45 Monroe county 12.3% 46 Orange county 10% 47 Oswego county 12.5% 48 Putnam county 9.8% 49 Rockland county 18% 50 Wayne county 12.4% 51 Westchester county 25% 52 (ii) Inactive decommissioned nuclear electric generating reactor sites 53 used for storage: 54 Orange county 15% 55 Putnam county 10% 56 Rockland county 20%S. 8383 3 1 Westchester county 60% 2 § 2. This act shall take effect immediately.