S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1172
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 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 facili-
 ties, DECOMMISSIONED FACILITIES, FACILITIES  IN  THE  PROCESS  OF  BEING
 DECOMMISSIONED  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04165-01-3
              

 S. 1172                             2
 
   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-
 logical  accident occurring at a nuclear electric generating SITE OR ANY
 INACTIVE NUCLEAR ELECTRIC GENERATING SITE BEING USED AS A NUCLEAR  SPENT
 FUEL STORAGE facility.
   2. (a) Any licensee of the United States nuclear regulatory commission
 for  a nuclear electric generating facility OR INACTIVE NUCLEAR ELECTRIC
 GENERATING SITE USED FOR A NUCLEAR SPENT FUEL STORAGE FACILITY shall  be
 liable for an annual fee to support state and local governmental respon-
 sibilities  under  accepted  radiological  emergency  preparedness 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 EACH INACTIVE NUCLEAR ELECTRIC GENERAT-
 ING REACTOR SHALL BE AS FOLLOWS: ONE MILLION  DOLLARS  IN  YEAR  ONE  OF
 DEACTIVATION,  SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN YEAR TWO OF DEAC-
 TIVATION, FIVE HUNDRED THOUSAND DOLLARS IN YEARS THREE AND FOUR OF DEAC-
 TIVATION, TWO HUNDRED FIFTY THOUSAND DOLLARS  IN  YEARS  FIVE,  SIX  AND
 SEVEN  OF  DEACTIVATION, AND ONE HUNDRED FIFTY THOUSAND DOLLARS IN YEARS
 EIGHT, NINE AND TEN OF DEACTIVATION. SUCH FEE,  WHICH SHALL  BE  PAYABLE
 TO THE COMMISSION ON OR BEFORE DECEMBER FIRST EACH YEAR OF DEACTIVATION,
 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%
 S. 1172                             3

   Rockland county 18%]
   Wayne county 12.4%
   [Westchester county 25%]
   (II) INACTIVE NUCLEAR ELECTRIC GENERATING REACTOR SITES USED FOR STOR-
 AGE:
   ORANGE COUNTY 10%
   PUTNAM COUNTY 10%
   ROCKLAND COUNTY 15%
   WESTCHESTER COUNTY 27.8%
   § 2. This act shall take effect immediately.