§ 1854-D — Generator reporting and fees

§ 1854-d. Generator reporting and fees. 1. Reports. a. Any person who\ngenerates low-level radioactive waste in New York shall submit to the\nauthority, on dates specified by the authority, but in no event later\nthan nine months after the effective date of the low-level radioactive\nwaste management act and, thereafter, no less frequently than annually,\nreports detailing the classes and quantities of low-level radioactive\nwaste generated, stored by the generator for decay or for later transfer\nto other facilities, or transferred by the generator to other\nfacilities, the general type of generator (e.g., medical, university,\nindustry, electric utility, government), and such additional information\nas the authority may reasonably require on the nature and\ncharacteristics (including, without limitation, chemical and physical\ncharacteristics, properties, or constituents, radionuclides present,\ncurie content or concentration of radioactivity) of such waste and the\nextent of reduction in quantity and the nature and extent of reduction\nor other change in the nature or characteristics of such waste as a\nresult of treatment or interim storage after generation and before\ndelivery to facilities for permanent disposal of such waste. The\nauthority shall provide by regulation appropriate procedures for the\npreparation and submission of such reports, including procedures to\ndesignate a person or persons responsible for such filing when more than\none person is the generator of the same waste. Such reports shall be\nsubject to the provisions of article six of the public officers law.\n b. Commencing no later than the first day of July nineteen hundred\neighty-seven, the authority shall submit annually to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nminority leader of the senate, and the minority leader of the assembly,\nand thereafter, not later than one hundred eighty days after the end of\neach calendar year, a report summarizing and categorizing, by type of\ngenerator and region of generation, the nature, characteristics, and\nquantities of low-level radioactive waste generated in New York during\nsuch calendar year.\n 2. Fees. a. (i) Pursuant to this title the authority shall, pursuant\nto regulations promulgated in accordance with article two of the state\nadministrative procedure act, establish, revise, assess, and collect\nreasonable rates, charges, or other fees upon the disposal of low-level\nradioactive waste generated in New York sufficient to fully recover all\ncosts and expenses of the state and its agencies and authorities\nassociated with low-level radioactive waste management facilities. Such\nassessed rates, charges, or other fees shall be paid to the authority in\nthe manner, and accompanied by such returns, reports, or other\ndocumentation as the authority may prescribe. Fees paid shall be treated\nas expenses for purposes of recovery in rates. Surcharges collected by\nor for facilities which accept low-level radioactive waste generated in\nNew York State for disposal pursuant to the Federal Low-level\nRadioactive Waste Policy Amendments of nineteen hundred eighty-five\n(Pub. Law 99-240), but deposited in escrow pursuant to section 5 (d) (2)\nof such law shall be paid to and received by the authority. Such\npayments shall be disbursed or transferred pursuant to this paragraph\nand shall be used for the purpose of reducing the amounts otherwise\nrecoverable as assessments imposed pursuant to paragraph c of this\nsubdivision.\n (ii) The authority shall deposit the proceeds from such rates,\ncharges, or other fees in a separate segregated account maintained\nsolely for the purpose of holding such deposits. The authority shall\nfirst apply the proceeds of the account to payments of principal and\ninterest on bonds, notes or other obligations issued by the authority\nfor the purposes of the low-level radioactive waste management act.\nUpon appropriation or pursuant to other legislative authorization,\ndisbursements or transfers from such account shall be made solely for\nother costs and expenses incurred under the low-level radioactive waste\nmanagement act.\n (iii) In establishing, revising, assessing, and collecting such\nreasonable rates, charges, or other fees associated with low-level\nradioactive waste management facilities or incurred under the low-level\nradioactive waste management act, the authority shall include, but need\nnot be limited to, such amounts as will meet all incremental costs and\nexpenses of:\n A. selecting, developing, licensing, constructing, operating, and\nmaintaining such facilities;\n B. establishing reserves for related purposes, including, but not\nlimited to, debt service, decontamination and decommissioning, closure,\nand post-closure care, and contingencies;\n C. making reimbursements of expenditures from appropriations to state\nagencies or authorities to implement the low-level radioactive waste\nmanagement act; and\n D. making payments in lieu of taxes.\n (iv) The authority may establish and revise, not inconsistent with\nfederal law and regulation, reasonable classifications of low-level\nradioactive waste based upon the nature, class, characteristics (other\nthan type of generator) or condition of such waste. The authority may\nutilize such classifications for purposes of establishing or revising\nthe rates, charges, or other fees upon the disposal of such waste\npursuant to paragraphs b and c of this subdivision.\n b. Upon delivery of low-level radioactive waste to permanent disposal\nfacilities owned or operated by the authority, the rates, charges, or\nother fees as established or revised by the authority for disposal of\nsuch waste at such facilities, and related services, shall be paid.\nSuch rates, charges, or other fees shall be sufficient to meet all costs\nand expenses which may be reasonably and practically identified or\nallocated to permanent disposal facilities, over the life of such\nfacilities, and the low-level radioactive waste disposed of at such\nfacilities, including without limitation, all costs and expenses\nassociated with: development, licensing, operation, maintenance, and\nmeeting debt service requirements, or requirements for repayment of\nexpenditures from appropriations for capital costs of such facilities,\nwhich requirements are due after such facilities begin accepting\nlow-level radioactive waste; establishing reserves, including but not\nlimited to reserves for decontamination and decommissioning, closure and\npost-closure care, and contingencies, including but not limited to\npotential accidents, damages, and injuries; and making any payments in\nlieu of taxes or fees for local assistance and repayments of any amounts\nexpended from appropriations for aid to localities with respect to\npermanent disposal facilities, provided, however, that all capital costs\nincurred prior to the receipt and acceptance of low-level radioactive\nwaste at the disposal facilities shall be recovered in a period of not\nless than twenty years after such receipt and acceptance.\n c. (i) During the period before the commencement of operation of\npermanent disposal facilities owned or operated by the authority,\nexpenditures from appropriations to the departments of environmental\nconservation and health and the commission for siting low-level\nradioactive waste disposal facilities for the purpose of implementing\nthe low-level radioactive waste management act shall be recovered\nthrough assessment against United States nuclear regulatory commission\nlicensees for nuclear electric generating facilities located in the\nstate of New York which have full power operating licenses. For the\nstate fiscal year ending March thirty-first, nineteen hundred\neighty-seven and each successive state fiscal year until commencement of\noperation of the permanent disposal facilities, the chairman of the\nauthority shall estimate such expenditures and shall assess such\nestimated expenditures on a pro rata basis in proportion to the number\nof reactors with full power operating licenses of each such licensee.\nFor the assessment for the state fiscal year ending March thirty-first,\nnineteen hundred eighty-seven, such estimated expenditures shall be\nbased upon actual appropriations available to such state agencies for\nsuch fiscal year for such purpose and shall be billed by the authority\nas soon as practicable after the effective date of the low-level\nradioactive waste management act and paid by such licensees not later\nthan December thirty-first, nineteen hundred eighty-six. For the\nassessment for each subsequent fiscal year, such estimated expenditures\nshall be based upon the proposed appropriations to such state agencies\nfor such purpose, net of any over or under assessment for prior fiscal\nyears compared to the latest available data on such expenditures for\nsuch prior fiscal years, and shall be billed by the authority on or\nbefore February first preceding such fiscal year and paid on or before\nApril first of such fiscal year; provided, however, that a licensee may\nelect to make partial payments for such assessments on March tenth of\nthe preceding fiscal year and on June tenth, September tenth, and\nDecember tenth of such fiscal year. Each such partial payment shall be\nan amount not less than twenty-five per centum of the total annual\nassessment against such licensee for the relevant fiscal year. The\nauthority shall establish and maintain records to account for\nassessments made against and received from each licensee. Upon receipt\nof such assessments, and pursuant to an agreement with the director of\nthe budget, the authority shall transmit to the state comptroller such\namount as shall be required to reimburse actual expenditures made and\nsubject to assessment. The amounts so assessed, notwithstanding their\nassessment, shall be included as cost and expenses for purposes of\ncomputing and imposing rates, charges, or other fees pursuant to\nparagraphs a and b of this subdivision. In imposing such rates, charges,\nor other fees pursuant to such paragraph b, the authority shall provide\na credit to the assessed licensees until such time as the aggregate of\nall such credits for a licensee shall equal the actual assessments paid\nby such licensee, plus interest at a reasonable market rate.\n (ii) In the calculation of the assessment due pursuant to this\nparagraph for any fiscal year beginning on or after April first,\nnineteen hundred ninety-seven, the net of any over or under assessment\nfor fiscal years ending on or before March thirty-first, nineteen\nhundred ninety-six, shall be deemed to be zero.\n d. (i) The authority may refuse to accept at facilities established\npursuant to section eighteen hundred fifty-four-b of this title any\nlow-level radioactive waste generated by a person who has failed to\nsubmit to the authority, the one or more reports required by the\nauthority pursuant to subdivision one of this section.\n (ii) The proceeds of any penalty or interest collected pursuant to\nsubparagraph (i) of paragraph a of subdivision three of this section\nshall be remitted to the authority for the purposes of the low-level\nradioactive waste management act.\n 3. Violations. a. Any failure or refusal to file a report, return, or\nother documentation, or related information, required pursuant to the\nprovisions of this section shall be deemed a violation of the provisions\nof, and a failure to perform a duty imposed by, this section and shall\nbe subject to the following civil and criminal penalties:\n (i) By a civil penalty, in the case of a first violation, not to\nexceed five thousand dollars, and in the case of a second or subsequent\nviolation, a civil penalty not to exceed ten thousand dollars; which\npenalty may be assessed and collected by a court in any action or\nproceeding pursuant to subparagraph (ii) of this paragraph in addition\nto any criminal penalty which may be assessed for such violation.\n (ii) By a misdemeanor, in the case of a willful violation by a person\nhaving any of the culpable mental states defined in section 15.05 of the\npenal law, which shall be deemed a misdemeanor, and upon a first\nconviction thereof, by a fine not to exceed five thousand dollars, or by\nimprisonment for a term of not more than six months, or both such fine\nand imprisonment; and, upon a second or subsequent conviction thereof,\npunishment by a fine not to exceed ten thousand dollars, or by\nimprisonment for a term of not more than one year, or by both such fine\nand imprisonment.\n b. The attorney general shall institute such civil proceedings as the\nauthority may request for the purpose of enforcing the provisions of\nthis section, and such criminal proceedings as the authority may request\nfor the purpose of prosecuting criminal violations of this section.\n 4. Upon appropriation or other legislative authorization and\nconsistent with a repayment agreement executed with the director of the\nbudget, the authority shall repay from the special account established\npursuant to subparagraph (ii) of paragraph a of subdivision two of this\nsection to the general fund, capital projects fund, or any other fund\nall amounts expended from appropriations made to the authority, the\ndepartment of environmental conservation, the commission for siting\nlow-level radioactive waste disposal facilities, the department of\nhealth, or the department of labor for actual and incremental expenses\nin the selection, development, licensing, construction, operation,\nmaintenance, decontamination and decommissioning, closure and\npost-closure care of low-level radioactive waste management facilities,\nincluding any regulatory program associated therewith, or for aid to\nlocalities.\n 5. The authority may establish reasonable terms and conditions for\nreceipt, acceptance or disposal of low-level radioactive waste at any\nfacilities developed pursuant to section eighteen hundred fifty-four-c\nof this title, including but not limited to packaging, identification of\nthe nature and sources of the waste and the generators, shippers, or\ncarriers of such waste, or other persons having any care or custody of\nsuch waste from the place of generation to arrival at such facilities,\nand requirements for bonds, insurance, or other forms of financial\nprotection or assurance of performance by persons responsible for such\nwaste.\n 6. Title to any low-level radioactive waste shall at all times remain\nin the generator of such waste, including the period following\nacceptance of such waste by the authority at the permanent disposal\nfacilities. Acceptance at permanent disposal facilities shall not occur\nuntil completion of such inspection and examination of the waste and\ndetermination of compliance with applicable terms and conditions,\nincluding but not limited to payment of applicable fees, as the\nauthority may require.\n 7. Notwithstanding the provisions of subdivision twelve of section\neighteen hundred fifty-five of this title, the authority shall enter\ninto agreements to pay annual sums in lieu of taxes to any municipality\nor taxing district of the state with respect to any real property\nacquired and held by the authority in the state or improvements to any\nreal property held by the authority in the state, which real property\nwas acquired or improvements were made after the effective date of the\nlow-level radioactive waste management act and for the purposes of such\nact; provided, that any amount so paid shall be recovered through rates,\ncharges, or other fees applicable to disposal of low-level radioactive\nwaste, pursuant to subdivision two of this section.\n 8. Actions by the authority pursuant to the provisions of section\neighteen hundred fifty-four-c of this title shall be subject, where\napplicable, to the environmental and judicial review provisions set\nforth in article twenty-nine of the environmental conservation law.\n