BILL NUMBER: S4535

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to including
certain spent fuel rods within the definition of real property

 
PURPOSE:

The purpose of this legislation is to include certain spent fuel rods
within the definition of real property.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (j) of subdivision 12 of section 102 of the
Real Property Tax Law by adding spent fuel rods to the already existing
spent fuel pools and dry cask storage systems.

Section 2 states the effective date.

 
              

JUSTIFICATION:

In 2020, similar legislation was signed into law adding spent fuel pools
and dry cast storage systems into the definition of real property. This
bill also adds spent fuel rods.

Currently, spent nuclear fuel rods are being housed at the now closed
Indian Point Energy Center in Buchanan, New York, and at other nuclear
power plants across the state and throughout the country. In the 95th
Assembly District, rods came from Con Edison, the New York Power Author-
ity Generating Facilities, and most recently, from the power company,
Energy. For many years, the Federal Government has promised a site will
be provided for the storage of these rods. However, this site has still
not been constructed, and may not be for many more years to come.

Since the federal government has failed to locate a permanent home for
these spent fuel rods, places like the Indian Point have become the
storage site for this nuclear waste.

To help you better understand, Indian Point's website previously clari-
fied the way they store spent nuclear fuel. "Water serves as a natural
and one of the most effective - barriers to radiation. This is one other
reason that used, or spent, fuel is stored in pools.  Rods containing
uranium fuel pellets are bundled together to form one fuel assembly.
Each assembly is about 13 feet high and 8 inches square. After it spends
about four years in the reactor giving off heat, a fuel assembly is
spent and ready to be stored in water in the spent fuel pool."

At an August 18th, 2021, Government to Government meeting with the
Nuclear Regulatory Committee (NRC), it was confirmed and made very clear
that spent fuel rods are owned by the plant operator, and not by the
NRC. This clarified the need for this legislation.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: Veto Memo. 90

Similar to A.8746 of 2017/2018
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications to the State in association with the
passing of this legislation, however, there could be benefits for the
local assessing authority that hosts a non-operational facility where
spent fuel rods are stored.

 
EFFECTIVE DATE:
This act shall take effect immediately.