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)


Download: New_York-2019-S08383-Introduced.html

                STATE OF NEW YORK


                    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-
     9  ities] 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.

        S. 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.