Legislation
SECTION 29-C
Radiological preparedness
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 29-c. Radiological preparedness. 1. The commission:
(a) may monitor directly and record the off-site presence of
radioactive material in the vicinity of nuclear electric generating
facilities 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 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 reliable
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
radiological accident occurring at a nuclear electric generating
facility.
2. (a) Any licensee of the United States nuclear regulatory commission
for a nuclear electric generating facility shall be liable for an annual
fee to support state and local governmental responsibilities 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. 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
appropriate 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:
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%
(a) may monitor directly and record the off-site presence of
radioactive material in the vicinity of nuclear electric generating
facilities 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 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 reliable
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
radiological accident occurring at a nuclear electric generating
facility.
2. (a) Any licensee of the United States nuclear regulatory commission
for a nuclear electric generating facility shall be liable for an annual
fee to support state and local governmental responsibilities 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. 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
appropriate 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:
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%