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.
