S T A T E O F N E W Y O R K
________________________________________________________________________
8762
2009-2010 Regular Sessions
I N A S S E M B L Y
June 5, 2009
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Introduced by M. of A. JAFFEE, BRODSKY, LATIMER, ZEBROWSKI, SPANO, SKAR-
TADOS -- Multi-Sponsored by -- M. of A. BRADLEY -- read once and
referred to the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to establishing the
New York state tax on the 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. 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 tax on the dry cask storage fund, as
established pursuant to section two of this act, $750,000 each year for
each dry cask containing 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 commission has the authority to order a nuclear storage
tax 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-t of the state finance law, as established
pursuant to section two 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 2. The state finance law is amended by adding a new section 99-t to
read as follows:
S 99-T. NEW YORK STATE TAX ON THE DRY CASK STORAGE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01880-02-9
A. 8762 2
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN
AS THE "NEW YORK STATE TAX ON THE 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 HEREIN 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 3. 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.