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

BILL NUMBER:S3826

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

Fiscal impact on state and local governments

None. The licensed facilities would provide the funding.

Effective date

Immediately.