This bill has been amended

Bill S2209-2013

Enacts the "nuclear storage safety fund"

Enacts the "nuclear storage safety fund"; establishes the New York state dry cask storage fund directing certain nuclear generating facilities to transfer certain monies in exchange for the storage of dry casks containing spent fuel.

Details

Actions

  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 14, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S2209

TITLE OF BILL: An act to amend the state finance law, in relation to establishing the New York state dry cask storage fund and to direct certain nuclear generating facilities to transfer certain monies in exchange for the storage of dry casks containing spent fuel

PURPOSE OR GENERAL IDEA OF BILL: This bill will establish a New York State "nuclear storage safety fund" at any nuclear facility in New York State that is located in an emergency planning zone (EPZ) with a population exceeding two hundred thousand people. The funds in account may be expended for both development of renewable resources via NYSERDA with a priority for projects in schools and municipal buildings statewide and for reimbursement of related emergency expenditures by counties in the EPZ.

SUMMARY OF SPECIFIC PROVISIONS:

Section 3. Amends the state finance law by adding a new section 99-u which creates a special revenue fund to be known as the New York State "dry cask safety fund".

JUSTIFICATION:

1. Unintended use of property: With any commercial enterprise, when new structures are added, business must pay additional charges. Thus, exempting the nuclear power industry from this standard practice holds the nuclear providers to a separate standard.

2. Local facilities not intended for long-term storage: Individual nuclear power plants were not intended to serve as long-term waste repositories. For years nuclear plants have been operating with an assumption that a federal repository for nuclear waste would one day be in place. Currently there is no solution to longterm nuclear waste storage; future regulation of such waste, which has a half-life of thousands of years, is unclear.

3. Added security risk, especially in high density EPZs: Long-term waste casks, especially when clustered, present an attractive terrorist target. This places an undue burden upon the municipalities that must protect the surrounding population. This bill deters storage of nuclear waste.

4. Minnesota precedent: Minnesota currently charges for long-term nuclear waste storage casks.

PRIOR LEGISLATIVE HISTORY: 2011-2012: S,S121A - Referred to Finance; A.666-B - Referred to Ways and Means 2009-2010: 5.7172 - Referred to Finance; A.8762 - Referred to Ways and Means

FISCAL IMPLICATIONS: This bill will provide a source of revenue for emergency planning zone counties of Westchester, Rockland, Orange and Putnam for emergency services and Provides a revenue stream for NYSERDA. There is an expectation that 70 casks will soon be stored at one of the state's nuclear facilities that meets the population criteria in this bill.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall become a law. Effective immediately, the addiction, amendment and/or repeal of any rule or regulation for the implementation of this act in its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 2209 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to establishing the New York state dry cask storage fund and to direct certain nuclear generating facilities to transfer certain monies in exchange for the storage of dry casks containing spent fuel THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "nuclear storage safety fund". S 2. Any nuclear facility in New York state in an emergency planning zone with a population exceeding two hundred thousand must transfer to the New York state dry cask storage fund, as established pursuant to section three of this act, $750,000 each year for each dry cask contain- ing spent fuel that is located at the independent spent fuel storage installation at such nuclear generating facility, annually for as long as such storage container remains on site. The public service commis- sion has the authority to order a nuclear storage increase. The fund transfer shall be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at such nuclear generating facility for any part of a year. Funds in the account may be expended for development of renewable energy sources specified in section 99-u of the state finance law, as established pursuant to section three of this act; including, but not limited to, reimbursement to counties in the emergency planning zone for emergency costs; development of renewable energy for schools and municipal purposes; and twenty percent for the energy assistance program funds statewide, with a priority for schools and municipal projects. S 3. The state finance law is amended by adding a new section 99-u to read as follows:
S 99-U. NEW YORK STATE DRY CASK STORAGE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE "NEW YORK STATE DRY CASK STORAGE FUND". 2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE, ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISIONS OF LAW TO BE PAID INTO OR CREDITED TO SUCH FUND. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE DEPARTMENT OF TAXATION AND FINANCE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. MONEY SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS- SIONER OF TAXATION AND FINANCE. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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