Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1854-D
Generator reporting and fees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1854-d. Generator reporting and fees. 1. Reports. a. Any person who
generates low-level radioactive waste in New York shall submit to the
authority, on dates specified by the authority, but in no event later
than nine months after the effective date of the low-level radioactive
waste management act and, thereafter, no less frequently than annually,
reports detailing the classes and quantities of low-level radioactive
waste generated, stored by the generator for decay or for later transfer
to other facilities, or transferred by the generator to other
facilities, the general type of generator (e.g., medical, university,
industry, electric utility, government), and such additional information
as the authority may reasonably require on the nature and
characteristics (including, without limitation, chemical and physical
characteristics, properties, or constituents, radionuclides present,
curie content or concentration of radioactivity) of such waste and the
extent of reduction in quantity and the nature and extent of reduction
or other change in the nature or characteristics of such waste as a
result of treatment or interim storage after generation and before
delivery to facilities for permanent disposal of such waste. The
authority shall provide by regulation appropriate procedures for the
preparation and submission of such reports, including procedures to
designate a person or persons responsible for such filing when more than
one person is the generator of the same waste. Such reports shall be
subject to the provisions of article six of the public officers law.

b. Commencing no later than the first day of July nineteen hundred
eighty-seven, the authority shall submit annually to the governor, the
temporary president of the senate, the speaker of the assembly, the
minority leader of the senate, and the minority leader of the assembly,
and thereafter, not later than one hundred eighty days after the end of
each calendar year, a report summarizing and categorizing, by type of
generator and region of generation, the nature, characteristics, and
quantities of low-level radioactive waste generated in New York during
such calendar year.

2. Fees. a. (i) Pursuant to this title the authority shall, pursuant
to regulations promulgated in accordance with article two of the state
administrative procedure act, establish, revise, assess, and collect
reasonable rates, charges, or other fees upon the disposal of low-level
radioactive waste generated in New York sufficient to fully recover all
costs and expenses of the state and its agencies and authorities
associated with low-level radioactive waste management facilities. Such
assessed rates, charges, or other fees shall be paid to the authority in
the manner, and accompanied by such returns, reports, or other
documentation as the authority may prescribe. Fees paid shall be treated
as expenses for purposes of recovery in rates. Surcharges collected by
or for facilities which accept low-level radioactive waste generated in
New York State for disposal pursuant to the Federal Low-level
Radioactive Waste Policy Amendments of nineteen hundred eighty-five
(Pub. Law 99-240), but deposited in escrow pursuant to section 5 (d) (2)
of such law shall be paid to and received by the authority. Such
payments shall be disbursed or transferred pursuant to this paragraph
and shall be used for the purpose of reducing the amounts otherwise
recoverable as assessments imposed pursuant to paragraph c of this
subdivision.

(ii) The authority shall deposit the proceeds from such rates,
charges, or other fees in a separate segregated account maintained
solely for the purpose of holding such deposits. The authority shall
first apply the proceeds of the account to payments of principal and
interest on bonds, notes or other obligations issued by the authority
for the purposes of the low-level radioactive waste management act.
Upon appropriation or pursuant to other legislative authorization,
disbursements or transfers from such account shall be made solely for
other costs and expenses incurred under the low-level radioactive waste
management act.

(iii) In establishing, revising, assessing, and collecting such
reasonable rates, charges, or other fees associated with low-level
radioactive waste management facilities or incurred under the low-level
radioactive waste management act, the authority shall include, but need
not be limited to, such amounts as will meet all incremental costs and
expenses of:

A. selecting, developing, licensing, constructing, operating, and
maintaining such facilities;

B. establishing reserves for related purposes, including, but not
limited to, debt service, decontamination and decommissioning, closure,
and post-closure care, and contingencies;

C. making reimbursements of expenditures from appropriations to state
agencies or authorities to implement the low-level radioactive waste
management act; and

D. making payments in lieu of taxes.

(iv) The authority may establish and revise, not inconsistent with
federal law and regulation, reasonable classifications of low-level
radioactive waste based upon the nature, class, characteristics (other
than type of generator) or condition of such waste. The authority may
utilize such classifications for purposes of establishing or revising
the rates, charges, or other fees upon the disposal of such waste
pursuant to paragraphs b and c of this subdivision.

b. Upon delivery of low-level radioactive waste to permanent disposal
facilities owned or operated by the authority, the rates, charges, or
other fees as established or revised by the authority for disposal of
such waste at such facilities, and related services, shall be paid.
Such rates, charges, or other fees shall be sufficient to meet all costs
and expenses which may be reasonably and practically identified or
allocated to permanent disposal facilities, over the life of such
facilities, and the low-level radioactive waste disposed of at such
facilities, including without limitation, all costs and expenses
associated with: development, licensing, operation, maintenance, and
meeting debt service requirements, or requirements for repayment of
expenditures from appropriations for capital costs of such facilities,
which requirements are due after such facilities begin accepting
low-level radioactive waste; establishing reserves, including but not
limited to reserves for decontamination and decommissioning, closure and
post-closure care, and contingencies, including but not limited to
potential accidents, damages, and injuries; and making any payments in
lieu of taxes or fees for local assistance and repayments of any amounts
expended from appropriations for aid to localities with respect to
permanent disposal facilities, provided, however, that all capital costs
incurred prior to the receipt and acceptance of low-level radioactive
waste at the disposal facilities shall be recovered in a period of not
less than twenty years after such receipt and acceptance.

c. (i) During the period before the commencement of operation of
permanent disposal facilities owned or operated by the authority,
expenditures from appropriations to the departments of environmental
conservation and health and the commission for siting low-level
radioactive waste disposal facilities for the purpose of implementing
the low-level radioactive waste management act shall be recovered
through assessment against United States nuclear regulatory commission
licensees for nuclear electric generating facilities located in the
state of New York which have full power operating licenses. For the
state fiscal year ending March thirty-first, nineteen hundred
eighty-seven and each successive state fiscal year until commencement of
operation of the permanent disposal facilities, the chairman of the
authority shall estimate such expenditures and shall assess such
estimated expenditures on a pro rata basis in proportion to the number
of reactors with full power operating licenses of each such licensee.
For the assessment for the state fiscal year ending March thirty-first,
nineteen hundred eighty-seven, such estimated expenditures shall be
based upon actual appropriations available to such state agencies for
such fiscal year for such purpose and shall be billed by the authority
as soon as practicable after the effective date of the low-level
radioactive waste management act and paid by such licensees not later
than December thirty-first, nineteen hundred eighty-six. For the
assessment for each subsequent fiscal year, such estimated expenditures
shall be based upon the proposed appropriations to such state agencies
for such purpose, net of any over or under assessment for prior fiscal
years compared to the latest available data on such expenditures for
such prior fiscal years, and shall be billed by the authority on or
before February first preceding such fiscal year and paid on or before
April first of such fiscal year; provided, however, that a licensee may
elect to make partial payments for such assessments on March tenth of
the preceding fiscal year and on June tenth, September tenth, and
December tenth of such fiscal year. Each such partial payment shall be
an amount not less than twenty-five per centum of the total annual
assessment against such licensee for the relevant fiscal year. The
authority shall establish and maintain records to account for
assessments made against and received from each licensee. Upon receipt
of such assessments, and pursuant to an agreement with the director of
the budget, the authority shall transmit to the state comptroller such
amount as shall be required to reimburse actual expenditures made and
subject to assessment. The amounts so assessed, notwithstanding their
assessment, shall be included as cost and expenses for purposes of
computing and imposing rates, charges, or other fees pursuant to
paragraphs a and b of this subdivision. In imposing such rates, charges,
or other fees pursuant to such paragraph b, the authority shall provide
a credit to the assessed licensees until such time as the aggregate of
all such credits for a licensee shall equal the actual assessments paid
by such licensee, plus interest at a reasonable market rate.

(ii) In the calculation of the assessment due pursuant to this
paragraph for any fiscal year beginning on or after April first,
nineteen hundred ninety-seven, the net of any over or under assessment
for fiscal years ending on or before March thirty-first, nineteen
hundred ninety-six, shall be deemed to be zero.

d. (i) The authority may refuse to accept at facilities established
pursuant to section eighteen hundred fifty-four-b of this title any
low-level radioactive waste generated by a person who has failed to
submit to the authority, the one or more reports required by the
authority pursuant to subdivision one of this section.

(ii) The proceeds of any penalty or interest collected pursuant to
subparagraph (i) of paragraph a of subdivision three of this section
shall be remitted to the authority for the purposes of the low-level
radioactive waste management act.

3. Violations. a. Any failure or refusal to file a report, return, or
other documentation, or related information, required pursuant to the
provisions of this section shall be deemed a violation of the provisions
of, and a failure to perform a duty imposed by, this section and shall
be subject to the following civil and criminal penalties:

(i) By a civil penalty, in the case of a first violation, not to
exceed five thousand dollars, and in the case of a second or subsequent
violation, a civil penalty not to exceed ten thousand dollars; which
penalty may be assessed and collected by a court in any action or
proceeding pursuant to subparagraph (ii) of this paragraph in addition
to any criminal penalty which may be assessed for such violation.

(ii) By a misdemeanor, in the case of a willful violation by a person
having any of the culpable mental states defined in section 15.05 of the
penal law, which shall be deemed a misdemeanor, and upon a first
conviction thereof, by a fine not to exceed five thousand dollars, or by
imprisonment for a term of not more than six months, or both such fine
and imprisonment; and, upon a second or subsequent conviction thereof,
punishment by a fine not to exceed ten thousand dollars, or by
imprisonment for a term of not more than one year, or by both such fine
and imprisonment.

b. The attorney general shall institute such civil proceedings as the
authority may request for the purpose of enforcing the provisions of
this section, and such criminal proceedings as the authority may request
for the purpose of prosecuting criminal violations of this section.

4. Upon appropriation or other legislative authorization and
consistent with a repayment agreement executed with the director of the
budget, the authority shall repay from the special account established
pursuant to subparagraph (ii) of paragraph a of subdivision two of this
section to the general fund, capital projects fund, or any other fund
all amounts expended from appropriations made to the authority, the
department of environmental conservation, the commission for siting
low-level radioactive waste disposal facilities, the department of
health, or the department of labor for actual and incremental expenses
in the selection, development, licensing, construction, operation,
maintenance, decontamination and decommissioning, closure and
post-closure care of low-level radioactive waste management facilities,
including any regulatory program associated therewith, or for aid to
localities.

5. The authority may establish reasonable terms and conditions for
receipt, acceptance or disposal of low-level radioactive waste at any
facilities developed pursuant to section eighteen hundred fifty-four-c
of this title, including but not limited to packaging, identification of
the nature and sources of the waste and the generators, shippers, or
carriers of such waste, or other persons having any care or custody of
such waste from the place of generation to arrival at such facilities,
and requirements for bonds, insurance, or other forms of financial
protection or assurance of performance by persons responsible for such
waste.

6. Title to any low-level radioactive waste shall at all times remain
in the generator of such waste, including the period following
acceptance of such waste by the authority at the permanent disposal
facilities. Acceptance at permanent disposal facilities shall not occur
until completion of such inspection and examination of the waste and
determination of compliance with applicable terms and conditions,
including but not limited to payment of applicable fees, as the
authority may require.

7. Notwithstanding the provisions of subdivision twelve of section
eighteen hundred fifty-five of this title, the authority shall enter
into agreements to pay annual sums in lieu of taxes to any municipality
or taxing district of the state with respect to any real property
acquired and held by the authority in the state or improvements to any
real property held by the authority in the state, which real property
was acquired or improvements were made after the effective date of the
low-level radioactive waste management act and for the purposes of such
act; provided, that any amount so paid shall be recovered through rates,
charges, or other fees applicable to disposal of low-level radioactive
waste, pursuant to subdivision two of this section.

8. Actions by the authority pursuant to the provisions of section
eighteen hundred fifty-four-c of this title shall be subject, where
applicable, to the environmental and judicial review provisions set
forth in article twenty-nine of the environmental conservation law.