senate Bill S1076

2013-2014 Legislative Session

Establishes the maximum annual fee that licensed nuclear electric generating facilities are liable for in relation to emergency preparedness plans

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to veterans, homeland security and military affairs
Jan 09, 2013 referred to veterans, homeland security and military affairs

S1076 - Bill Details

See Assembly Version of this Bill:
A6954
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Amd ยง29-c, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3826, A5789
2009-2010: S4598B, A5193B

S1076 - Bill Texts

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Establishes the maximum annual fee that licensed nuclear electric generating facilities are liable for to support state and local governmental responsibilities under accepted radiological emergency preparedness plans related to the facility operated by such licensee.

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BILL NUMBER:S1076

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 Year
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 REF 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:
S.4598B of 2009, Referred to Energy and Telecommunications
S.3826/A.5789 of 2011-12; Referred to Veterans, Homeland Security and
Military Affairs

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

EFFECTIVE DATE:
Immediately.


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

                                  1076

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 of section 29-c of the exec-
utive  law,  as amended by section 1 of part R of chapter 56 of the laws
of 2009, is amended to read as follows:
  (b) The amount of such fee shall be [one million  dollars]  DETERMINED
ANNUALLY BY THE COMMISSION TAKING INTO ACCOUNT THE COSTS OF SUCH RESPON-
SIBILITIES  NOT OTHERWISE PROVIDED FOR AND UNEXPENDED AMOUNT OF PREVIOUS
FEES PAID BY ANY SUCH LICENSEE. Such fee, which shall be payable to  the
commission  on  or  before  [December] APRIL first, shall be expended or
distributed only by appropriation.  THE MAXIMUM AMOUNT  OF  SUCH  ANNUAL
FEE  REQUIRED  BY  THIS SECTION FOR EACH FACILITY SHALL BE IN ACCORDANCE
WITH THE FOLLOWING TABLE:

FOR THE FISCAL YEARS          LIMITATION
2012-2013                     $1,000,000
2013-2014 AND 2014-2015       $2,000,000
FISCAL YEARS THEREAFTER       SHALL INCREASE ANNUALLY IN EACH FISCAL YEAR
                              FROM THE PRIOR LIMITATION BY THE GREATER OF
                              THE INCREASE IN THE LATEST AVERAGE ANNUAL
                              CONSUMER PRICE INDEX FOR ALL URBAN
                              CONSUMERS (CPI-U), AS DETERMINED BY THE
                              U.S. DEPARTMENT OF LABOR, OR THREE PERCENT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02273-01-3

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