S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2648
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 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".
   §  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-aa
 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  renewa-
 ble  energy  for  schools and municipal purposes; and twenty percent for
 the energy assistance program  funds  statewide,  with  a  priority  for
 schools and municipal projects.
   § 3. The state finance law is amended by adding a new section 99-aa to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08272-01-7
              

 S. 2648                             2
 
   §  99-AA.  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.
   § 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.