senate Bill S2209A

2013-2014 Legislative Session

Enacts the "nuclear storage safety fund"

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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 10, 2014 print number 2209a
amend and recommit to finance
Jan 08, 2014 referred to finance
Jan 14, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

S2209 - Bill Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Add §99-v, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
S5121A

S2209 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2209

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
"dry cask 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: 2011-2012: S,S121A - Referred to Finance;
A.666-B - Referred to Ways and Means 2009-2010: 5.7172 - Referred to
Finance; A.8762 - 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.

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

                                  2209

                       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.
                                                           LBD05312-01-3

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.

S2209A (ACTIVE) - Bill Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Add §99-v, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
S5121A

S2209A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2209A

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-v
which creates a special revenue fund to be known as the New York State
"dry cask 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: 2011-2012: S.5121A - Referred to Finance;
A.666-B - Referred to Ways and Means 2009-2010: S.7172 - Referred to
Finance; A.8762 - 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2209--A

                       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 -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  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-v 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.
                                                           LBD05312-02-4

S. 2209--A                          2

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