NY State Senate Bill 2011-S5121

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
May 18, 2011	print number 5121a
May 18, 2011	amend (t) and recommit to finance
May 03, 2011	referred to finance

Bill Amendments

Original

A (Active)

2011-S5121 - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §99-u, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2209
2015-2016: S2839
2017-2018: S2648

2011-S5121 - Summary

Enacts the "nuclear storage safety fund"; establishes the New York state dry cask storage fund directing certain nuclear generating facilities to transfer certain monies in exchange for the storage of dry casks containing spent fuel.

2011-S5121 - Sponsor Memo

                                BILL NUMBER:S5121

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill will establish a New York State "dry cask storage
fund" at any nuclear facility in New York State that is located
in an emergency planning zone (EPZ) with
a population exceeding two hundred thousand people. The funds in
account may be expended for both development of renewable resources
via NYSERDA with a priority for projects in schools and municipal
buildings statewide and for reimbursement of related emergency
expenditures by counties in the EPZ.

SUMMARY OF SPECIFIC PROVISIONS:
Section 3. Amends the state finance
law by adding a new section 99-u which creates a special revenue fund
to be known as the New York state tax "dry cask storage fund".

JUSTIFICATION:

1. Unintended use of property: With any commercial
enterprise, when new structures are added, business must pay
additional tax. Thus, exempting the nuclear power industry from this
standard practice holds the nuclear providers to a separate standard.

2. Local facilities not intended for long-term storage: Individual
nuclear power plants were not intended to serve as long-term waste
repositories. For years nuclear plants have been operating with an
assumption that a federal repository for nuclear waste would one day
be in place. Currently there is no solution to long term nuclear waste
storage; future regulation of such waste, which has a half-life of
thousands of years, is unclear.

3. Added security risk, especially in high density EPZs: Long-term
waste casks, especially when clustered, present an attractive
terrorist target. This places an undue burden upon the municipalities
that must protect the surrounding population. This bill deters
storage of nuclear waste.

4. Minnesota precedent: Minnesota current places a tax upon long-term
nuclear waste storage casks.

PRIOR LEGISLATIVE HISTORY:

06/05/09 referred to ways and means
01/06/10 referred to ways and means

FISCAL IMPLICATIONS:
This bill will provide a source of revenue for
emergency planning zone counties of Westchester, Rockland, Orange and
Putnam for emergency services and provides a revenue stream for
NYSERDA.
There is an expectation that 70 casks will soon be stored at one of
the state's nuclear facilities that meets the population criteria in
this bill.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law. Effective
immediately, the addiction, amendment and/or repeal of any rule or
regulation necessary for the implementation of his act on its
effective date are authorized and directed to be made and completed
on or before such effective date.

2011-S5121 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5121

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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 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. 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  tax  on the dry cask storage fund, as established
pursuant to section three 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  generat-
ing  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; develop-
ment  of renewable energy for schools and municipal purposes; and twenty
percent for the energy assistance program funds statewide, with a prior-
ity 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.
                                                           LBD03985-03-1

S. 5121                             2

  S  99-U.  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
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 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.

2011-S5121A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §99-u, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2209
2015-2016: S2839
2017-2018: S2648

2011-S5121A (ACTIVE) - Summary

2011-S5121A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5121A

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill will establish a New York State "nuclear storage safety
fund" at any nuclear facility in New York State that is located in an
emergency planning zone (EPZ) with a population exceeding two hundred
thousand people. The funds in account may be expended for both
development of renewable resources via NYSERDA with a priority for
projects in schools and municipal buildings statewide and for
reimbursement of related emergency expenditures by counties in the EPZ.

SUMMARY OF SPECIFIC PROVISIONS:

Section 3. Amends the state finance law by adding a new section 99-u
which creates a special revenue fund to be known as the New York
State "nuclear storage safety fund"

JUSTIFICATION:

1. Unintended use of property: With any commercial enterprise, when
new structures are added, business must pay additional charges. Thus,
exempting the nuclear power industry from this standard practice
holds the nuclear providers to a separate standard.

2. Local facilities not intended for long-term storage: Individual
nuclear power plants were not intended to serve as long-term waste
repositories. For years nuclear plants have been operating with an
assumption that a federal repository for nuclear waste would one day
be in place. Currently there is no solution to longterm nuclear waste
storage; future regulation of such waste, which has a half-life of
thousands of years, is unclear.

3. Added security risk, especially in high density EPZs: Long-term
waste casks, especially when clustered, present an attractive
terrorist target. This places an undue burden upon the municipalities
that must protect the surrounding population.
This bill deters storage of nuclear waste.

4. Minnesota precedent: Minnesota currently charges for long-term
nuclear waste storage casks.

PRIOR LEGISLATIVE HISTORY:

06/05/09  Referred to Ways and Means
01/06/10  Referred to Ways and Means

FISCAL IMPLICATIONS:

This bill will provide a source of revenue for emergency planning zone
counties of Westchester, Rockland, Orange and Putnam for emergency
services and provides a revenue stream for NYSERDA. There is an
expectation that 70 casks will soon be stored at one of the state's
nuclear facilities that meets the population criteria in this bill.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall become a law.  Effective immediately, the addiction, amendment
and/or repeal of any rule or regulation for the implementation
of this act in its effective date are authorized and directed to be
made and completed on or before such effective date.

2011-S5121A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5121--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03985-05-1

S. 5121--A                          2

  S  3. The state finance law is amended by adding a new section 99-u to
read as follows:
  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.

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Senate Bill S5121

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2011-S5121 - Details

2011-S5121 - Summary

2011-S5121 - Sponsor Memo

2011-S5121 - Bill Text download pdf

2011-S5121A (ACTIVE) - Details

2011-S5121A (ACTIVE) - Summary

2011-S5121A (ACTIVE) - Sponsor Memo

2011-S5121A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2011-S5121 - Details

2011-S5121 - Summary

2011-S5121 - Sponsor Memo

2011-S5121 - Bill Text download pdf

2011-S5121A (ACTIVE) - Details

2011-S5121A (ACTIVE) - Summary

2011-S5121A (ACTIVE) - Sponsor Memo

2011-S5121A (ACTIVE) - Bill Text download pdf

Comments