Bill S1076-2013

Establishes the maximum annual fee that licensed nuclear electric generating facilities are liable for in relation to emergency preparedness plans

Establishes the maximum annual fee that licensed nuclear electric generating facilities are liable for to support state and local governmental responsibilities under accepted radiological emergency preparedness plans related to the facility operated by such licensee.

Details

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  • Jan 8, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Jan 9, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Memo

BILL NUMBER:S1076

TITLE OF BILL: An act to amend the executive law, in relation to the maximum amount of the annual fee that licensed nuclear electric generating facilities are liable for in order to support state and local governmental responsibilities under accepted radiological emergency preparedness plans related to the facility operated by such licensee

PURPOSE OR GENERAL IDEA OF BILL: This bill amends the executive law to increase the cap on the maximum annual fee that licensed nuclear generating facilities are liable for to support state and local governmental responsibilities to prepare for and respond to an emergency at the state's nuclear power plants.

SUMMARY OF SPECIFIC PROVISIONS: This legislation amends Section 29-c 2 (b) of the Executive Law to increase the maximum annual fee paid by licensed nuclear generating facilities in support of state and local radiological preparedness planning so that the fees more accurately reflect state and local costs associated with such planning. The language referencing the maximum annual fee is deleted and replaced with language increasing the fee to $1,000,000 for State Fiscal Year 2010-2011. For State Fiscal Years 2011-12 and 2012-2013 the fee would increase to $2,000,000. Thereafter, increases would Occur every 2 years based upon the CPI.

JUSTIFICATION: Federal law requires that licensees of nuclear generating facilities develop Radiological Emergency Preparedness (REP) Plans. In reality, the county governments where the plants are located carry the bulk of the responsibility for developing, updating and periodically evaluating the REF plan's effectiveness. New York State has required the licensees to pay an annual fee to support state and local governmental responsibilities under accepted radiological preparedness plans. Once New York State receives the fees it remits half of the total to counties whose boundaries are within a 10-mile radius of a nuclear generating facility. While county governments have a principal role to play in REP planning, county taxpayers should not be completely subsidizing its costs especially given the enormous profits nuclear power plants are reaping.

PRIOR LEGISLATIVE HISTORY: S.4598B of 2009, Referred to Energy and Telecommunications S.3826/A.5789 of 2011-12; Referred to Veterans, Homeland Security and Military Affairs

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENTS: None. The licensed facilities would provide the funding.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1076 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- 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 the maximum amount of the annual fee that licensed nuclear electric generating facilities are liable for in order to support state and local governmental responsibilities under accepted radiological emergency preparedness plans related to the facility operated by such licensee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 29-c of the exec- utive law, as amended by section 1 of part R of chapter 56 of the laws of 2009, is amended to read as follows: (b) The amount of such fee shall be [one million dollars] DETERMINED ANNUALLY BY THE COMMISSION TAKING INTO ACCOUNT THE COSTS OF SUCH RESPON- SIBILITIES NOT OTHERWISE PROVIDED FOR AND UNEXPENDED AMOUNT OF PREVIOUS FEES PAID BY ANY SUCH LICENSEE. Such fee, which shall be payable to the commission on or before [December] APRIL first, shall be expended or distributed only by appropriation. THE MAXIMUM AMOUNT OF SUCH ANNUAL FEE REQUIRED BY THIS SECTION FOR EACH FACILITY SHALL BE IN ACCORDANCE WITH THE FOLLOWING TABLE: FOR THE FISCAL YEARS LIMITATION 2012-2013 $1,000,000 2013-2014 AND 2014-2015 $2,000,000 FISCAL YEARS THEREAFTER SHALL INCREASE ANNUALLY IN EACH FISCAL YEAR FROM THE PRIOR LIMITATION BY THE GREATER OF THE INCREASE IN THE LATEST AVERAGE ANNUAL CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), AS DETERMINED BY THE U.S. DEPARTMENT OF LABOR, OR THREE PERCENT. S 2. This act shall take effect immediately.

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