Senate Bill S8383

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8383
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 funding for  emergency
   management  services for certain counties with non-operational nuclear
   power plants

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 29-c of the executive law, as added by chapter 708
 of the laws of 1981, paragraph  (b)  of  subdivision  2  as  amended  by
 section  1  of  part R of chapter 56 of the laws of 2009 and subdivision
 3-a as added by chapter 728 of the laws of 1992, is amended to  read  as
 follows:
   § 29-c. Radiological preparedness. 1. The commission:
   (a)  may monitor directly and record the off-site presence of radioac-
 tive material in the vicinity of ANY nuclear electric generating [facil-
 ities] FACILITY OR  THOSE  DECOMMISSIONED  NUCLEAR  ELECTRIC  GENERATING
 FACILITIES  BEING  USED  FOR  SPENT  FUEL NUCLEAR STORAGE located in the
 state of New York;
   (b) shall obtain from the licensees, United States nuclear  regulatory
 commission-required  high  range  radiation,  temperature  and  pressure
 levels in the containment buildings  and  in  the  containment  building
 vents  of nuclear electric generating facilities located in the state of
 New York; and,
   (c) shall obtain, subject to the approval of the United States nuclear
 regulatory commission, any reactor OR SPENT FUEL data  provided  by  the
 licensee  to  the United States nuclear regulatory commission, which the
 disaster preparedness commission determines, as a result of  the  report
 issued  pursuant to section twenty-nine-d of this article, to be a reli-
 able indicator of a possible radiological accident.
   Upon the occurrence of a radiological accident, the  commission  shall
 promptly provide appropriate and available radioactivity monitoring data
 to  any  chief  executive  who  requests  it.  For  the purposes of this
 section, the term "radiological accident" shall be limited to  a  radio-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16334-01-0

 S. 8383                             2
 
 logical  accident occurring at a nuclear electric generating SITE OR ANY
 DECOMMISSIONED NON-NUCLEAR ELECTRIC GENERATING  SPENT  FUEL  SITE  BEING
 USED AS A NUCLEAR STORAGE facility.
   2. (a) Any licensee of the United States nuclear regulatory commission
 for  a  nuclear  electric  generating facility OR DECOMMISSIONED NUCLEAR
 ELECTRIC GENERATING SITE USED FOR A NUCLEAR SPENT FUEL STORAGE  FACILITY
 shall  be  liable  for  an annual fee to support state and local govern-
 mental responsibilities under accepted radiological emergency  prepared-
 ness plans related to the facility operated by such licensee.
   (b)  The  amount  of  such  fee  shall be one million dollars FOR EACH
 ACTIVE NUCLEAR ELECTRIC GENERATING REACTOR. Such  fee,  which  shall  be
 payable to the commission on or before December first, shall be expended
 or distributed only by appropriation.
   (C)  THE  AMOUNT  OF  SUCH  FEE FOR AN INACTIVE DECOMMISSIONED NUCLEAR
 ELECTRIC GENERATING SITE SHALL BE ONE THOUSAND DOLLARS ANNUALLY FOR EACH
 SPENT FUEL ROD STORED ON PREMISES AT THE FACILITY. SUCH FEE, WHICH SHALL
 BE PAYABLE TO THE COMMISSION ON  OR  BEFORE  DECEMBER  FIRST,  SHALL  BE
 EXPENDED OR DISTRIBUTED ONLY BY APPROPRIATION.
   3.  Such  fees  shall  be  expended  by the commission for purposes of
 supporting state and local government  responsibilities  under  accepted
 radiological emergency preparedness plans, including:
   (a)  purchase,  installation,  maintenance  and operation of equipment
 used by the commission and local governments to monitor and  record  the
 potential and actual presence of radioactive materials within the appro-
 priate planning radius from a nuclear electric generating facility;
   (b) purchase, storage and distribution by the commission of equipment,
 drugs  or other material for the purpose of protecting public health and
 safety;
   (c) personal service, administrative costs and contractual services;
   (d) emergency services personnel training and the plans,  development,
 implementation, testing and revisions; and,
   (e) the state or local share when applying for matching funds.
   3-a.  (a)  Notwithstanding the provisions of subdivision three of this
 section, the New York state emergency management office (SEMO)  and  the
 coalition of nuclear counties, which constitutes the counties of Monroe,
 Wayne,  Oswego,  Orange,  Putnam,  Rockland  and Westchester, shall each
 receive an equal one-half  portion  of  the  total  amount  of  proceeds
 resulting  from the total assessments and contributions made pursuant to
 this section.
   (b) The one-half portion of the  proceeds  resulting  from  the  total
 assessments  and contributions made pursuant to this section received by
 the coalition of nuclear counties shall be distributed pursuant  to  the
 following [formula] FORMULAS:
   (I) ACTIVE NUCLEAR ELECTRIC GENERATING REACTORS:
   Monroe county 12.3%
   Orange county 10%
   Oswego county 12.5%
   Putnam county 9.8%
   Rockland county 18%
   Wayne county 12.4%
   Westchester county 25%
   (II) INACTIVE DECOMMISSIONED NUCLEAR ELECTRIC GENERATING REACTOR SITES
 USED FOR STORAGE:
   ORANGE COUNTY 15%
   PUTNAM COUNTY 10%
   ROCKLAND COUNTY 20%

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   WESTCHESTER COUNTY 60%
   § 2. This act shall take effect immediately.