What's happening
This bill creates a fund requiring nuclear facilities to pay annual fees for dry cask storage of spent fuel, supporting renewable energy and emergency planning.
Why it matters
Shifts long-term nuclear storage costs to facility operators. By requiring annual payments for each dry cask of spent nuclear fuel, the bill ensures that nuclear companies—not taxpayers—bear ongoing financial responsibility for the risks and burdens of on-site waste storage.
Links nuclear waste management to renewable energy transition. The fund will finance renewable energy projects and energy assistance, making nuclear operators help fund the state’s shift away from fossil fuels and nuclear power, thereby speeding up the clean energy transition.
Supports local emergency preparedness. Some of the collected fees are earmarked for reimbursing counties within emergency planning zones for costs related to nuclear safety and emergency planning, directly benefiting communities most affected by nuclear waste storage.
Sets a precedent for holding polluters accountable. By establishing a dedicated fund and payment structure, the bill could serve as a model for other states dealing with aging nuclear facilities, spent fuel storage, and efforts to finance clean energy through industry fees.
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Who cares
Nuclear facility operators
Facilities in emergency planning zones with populations exceeding 200,000 would have to pay $750,000 annually for each dry cask containing spent fuel kept on site for any part of the year.
Counties in emergency planning zones
The fund could reimburse them for emergency costs.
- Likely support
Schools and municipalities
Fund money could support renewable energy development for school and municipal purposes, with priority for school and municipal projects.
Statewide energy assistance programs
The bill would direct 20 percent of the funds to statewide energy assistance program funds.
Headline styles
Nuclear Waste Safety Fund
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2648
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
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 Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "nuclear storage safety fund".
§ 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 containing 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 commission 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-aa 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.
§ 3. The state finance law is amended by adding a new section 99-aa to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08272-01-7
S. 2648 2
§ 99-aa. 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 commissioner of taxation and finance.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
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 provisions
Section 3. Amends the state finance law by adding a new section 99-y 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 long-term 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.
Legislative history
2015-16: S2839A - Senate Finance 2013-2014: S.2209A - Referred to Finance; 2011-2012: S.5121A - Referred to Finance; 2009-2010: S.7172 - Referred to Finance
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.