Senate Bill S4598B

                                 BILL NUMBER:  S4598

 TITLE OF BILL :

An act to amend the public service law, in relation to directing the
public service commission to determine governmental costs of
radiological emergency preparedness for nuclear generating facilities,
to assess fees to such facilities related thereto, and to disburse
such fees; and to amend the state finance law, in relation to creating
the radiological emergency preparedness fund


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require the Public Service Commission to assess and
calculate local, county, and state government fiscal impacts and
actual costs for nuclear emergency preparedness and create a fund for
reimbursement to local, county, and state government for actual costs
for nuclear preparedness.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends Section 5 of the Public Service Law by adding a new
subsection 7 and adds Section 91-h to the State Finance Law. Specific
provisions include:

              

By April 1st of each year, the Public Service Commission determine the
actual costs and fiscal impacts to each city, town, village, county,
and State governments and school districts, and district corporations
for planning, implementing and maintaining radiological emergency
preparedness for nuclear generating facilities located in the State.

By April 1st of each year, the Public Service Commission shall assess
a fee to be paid by each licensed nuclear facility in the State which
will equal the total costs incurred by each city, town, village,
county, and state governments and school districts, and district
corporations for planning, implementing, and maintaining radiological
emergency preparedness for nuclear generating facilities.

The Public Service Commission shall deposit all fees collected by each
licensed nuclear facility to a newly created "radiological emergency
preparedness fund".

In utilizing the "radiological emergency preparedness fund", the
Public Service Commission will reimburse each city, town, village,
county, and state governments and school districts and district
corporations for planning, implementing, and maintaining radiological
emergency preparedness.

The State's share of monies from the fund will be available to the
Public Service Commission to be used solely for radiological emergency
preparedness.

 JUSTIFICATION :

Nuclear generating facilities licensed by the United States Nuclear
Regulatory Commission are not required to pay for the development,
implementation, and maintenance of emergency preparedness by
governmental entities. Currently, the taxpayer incurs all fees, while
nuclear facilities, are not required to incur any of the costs, yet
they profit.

 LEGISLATIVE HISTORY :

New Bill- 2009

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that the public service commission
is authorized to promulgate any and all rules and regulations and take
any other measure necessary to implement this act on its effective
date on or before such date.

                                 BILL NUMBER:  S4598A

 TITLE OF BILL :
An act to amend the executive law, in relation to the maximum amount
of the annual fee that licensed nuclear electric generating facilities
are liable for in order to support state and local governmental
responsibilities under accepted radiological emergency preparedness
plans related to the facility operated by such licensee


 PURPOSE OR GENERAL IDEA OF BILL :
This bill amends the executive law to increase the cap on the maximum
annual fee that licensed nuclear generating facilities are liable for
to support state and local governmental responsibilities to prepare
for and respond to an emergency at the state's nuclear power plants.

 SUMMARY OF SPECIFIC PROVISIONS :
This legislation amends Section 29-c 2 (b) of the Executive Law to
increase the maximum annual fee paid by licensed nuclear generating
facilities in support of state and local radiological preparedness
planning so that the fees more accurately reflect state and local
costs associated with such planning. The language referencing the
maximum annual fee is deleted and replaced with language increasing
the fee to $1,000,000 for State Fiscal Years 2009-2010 and 2010-2011.
For State Fiscal Years 2011-12 and 2012-2013 the fee would increase to
$2,000,000.  Thereafter, increases would occur every 2 years based
              

upon the CPI.

 JUSTIFICATION :
Federal law requires that licensees of nuclear generating facilities
develop Radiological Emergency preparedness (REP) Plans. In reality,
the county governments where the plants are located carry the bulk of
the responsibility for developing, updating and periodically
evaluating the REP plan's effectiveness. New York State has required
the licensees to pay an annual fee to support state and local
governmental responsibilities under accepted radiological preparedness
plans. Once New York State receives the fees it remits half of the
total to counties whose boundaries are within a 10-mile radius of a
nuclear generating facility.  While county governments have a
principal role to play in REP planning, county taxpayers should not be
completely subsidizing its costs especially given the enormous profits
nuclear power plants are reaping.

 PRIOR LEGISLATIVE HISTORY :
Similar legislation has included: uni-bill S-6459/A-10396 (2001-02)

 FISCAL IMPACT ON STATE AND LOCAL GOVERNMENTS :
None. The licensed facilities would provide the funding.

 EFFECTIVE DATE :
Immediately.