S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 14, 2013
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, in relation to establishing the
New York state dry cask storage fund and to direct certain nuclear
generating facilities to transfer certain monies in exchange for the
storage of dry casks containing spent fuel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "nuclear storage safety fund".
S 2. Any nuclear facility in New York state in an emergency planning
zone with a population exceeding two hundred thousand must transfer to
the New York state dry cask storage fund, as established pursuant to
section three of this act, $750,000 each year for each dry cask contain-
ing spent fuel that is located at the independent spent fuel storage
installation at such nuclear generating facility, annually for as long
as such storage container remains on site. The public service commis-
sion has the authority to order a nuclear storage increase. The fund
transfer shall be made if nuclear waste is stored in a dry cask at the
independent spent-fuel storage facility at such nuclear generating
facility for any part of a year. Funds in the account may be expended
for development of renewable energy sources specified in section 99-u of
the state finance law, as established pursuant to section three of this
act; including, but not limited to, reimbursement to counties in the
emergency planning zone for emergency costs; development of renewable
energy for schools and municipal purposes; and twenty percent for the
energy assistance program funds statewide, with a priority for schools
and municipal projects.
S 3. The state finance law is amended by adding a new section 99-u to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 2209 2
S 99-U. NEW YORK STATE DRY CASK STORAGE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN
AS THE "NEW YORK STATE DRY CASK STORAGE FUND".
2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISIONS OF LAW TO
BE PAID INTO OR CREDITED TO SUCH FUND. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE DEPARTMENT OF TAXATION AND FINANCE FROM RECEIVING
GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN
THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONEY SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
SIONER OF TAXATION AND FINANCE.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.