NY Pub Auth L § 1854-D (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9 - New York State Energy Research and Development Authority 1854-D - Generator Reporting and Fees.

§  1854-d. Generator reporting and fees. 1. Reports. a. Any person who generates low-level radioactive waste in New York shall  submit  to  the authority,  on  dates  specified by the authority, but in no event later than nine months after the effective date of the  low-level  radioactive waste  management act and, thereafter, no less frequently than annually, reports detailing the classes and quantities  of  low-level  radioactive waste generated, stored by the generator for decay or for later transfer to   other   facilities,  or  transferred  by  the  generator  to  other facilities, the general type of generator  (e.g.,  medical,  university, industry, electric utility, government), and such additional information as   the   authority   may   reasonably   require   on  the  nature  and characteristics (including, without limitation,  chemical  and  physical characteristics,  properties,  or  constituents,  radionuclides present, curie content or concentration of radioactivity) of such waste  and  the extent  of  reduction in quantity and the nature and extent of reduction or other change in the nature or characteristics  of  such  waste  as  a result  of  treatment  or  interim  storage  after generation and before delivery to  facilities  for  permanent  disposal  of  such  waste.  The authority  shall  provide  by  regulation appropriate procedures for the preparation and submission of  such  reports,  including  procedures  to designate a person or persons responsible for such filing when more than one  person  is  the  generator of the same waste. Such reports shall be subject to the provisions of article six of the public officers law.   b. Commencing no later than the first day  of  July  nineteen  hundred eighty-seven,  the  authority shall submit annually to the governor, the temporary president of the senate, the  speaker  of  the  assembly,  the minority  leader of the senate, and the minority leader of the assembly, and thereafter, not later than one hundred eighty days after the end  of each  calendar  year,  a report summarizing and categorizing, by type of generator and region of generation,  the  nature,  characteristics,  and quantities  of  low-level radioactive waste generated in New York during such calendar year.   2. Fees. a. (i) Pursuant to this title the authority  shall,  pursuant to  regulations  promulgated in accordance with article two of the state administrative procedure act, establish,  revise,  assess,  and  collect reasonable  rates, charges, or other fees upon the disposal of low-level radioactive waste generated in New York sufficient to fully recover  all costs  and  expenses  of  the  state  and  its  agencies and authorities associated with low-level radioactive waste management facilities.  Such assessed rates, charges, or other fees shall be paid to the authority in the   manner,  and  accompanied  by  such  returns,  reports,  or  other documentation as the authority may prescribe. Fees paid shall be treated as expenses for purposes of recovery in rates. Surcharges  collected  by or  for facilities which accept low-level radioactive waste generated in New  York  State  for  disposal  pursuant  to  the   Federal   Low-level Radioactive  Waste  Policy  Amendments  of  nineteen hundred eighty-five (Pub. Law 99-240), but deposited in escrow pursuant to section 5 (d) (2) of such law shall be  paid  to  and  received  by  the  authority.  Such payments  shall  be  disbursed or transferred pursuant to this paragraph and shall be used for the purpose  of  reducing  the  amounts  otherwise recoverable  as  assessments  imposed  pursuant  to  paragraph c of this subdivision.  (ii) The  authority  shall  deposit  the  proceeds  from  such  rates, charges,  or  other  fees  in  a  separate segregated account maintained solely for the purpose of holding such  deposits.  The  authority  shall first  apply  the  proceeds  of the account to payments of principal and interest on bonds, notes or other obligations issued  by  the  authority for  the  purposes  of  the  low-level radioactive waste management act.  Upon appropriation  or  pursuant  to  other  legislative  authorization, disbursements  or  transfers  from such account shall be made solely for other costs and expenses incurred under the low-level radioactive  waste management act.  (iii)  In  establishing,  revising,  assessing,  and  collecting  such reasonable rates, charges,  or  other  fees  associated  with  low-level radioactive  waste management facilities or incurred under the low-level radioactive waste management act, the authority shall include, but  need not  be  limited to, such amounts as will meet all incremental costs and expenses of:   A. selecting,  developing,  licensing,  constructing,  operating,  and maintaining such facilities;   B.  establishing  reserves  for  related  purposes, including, but not limited to, debt service, decontamination and decommissioning,  closure, and post-closure care, and contingencies;   C.  making reimbursements of expenditures from appropriations to state agencies or authorities to implement  the  low-level  radioactive  waste management act; and   D. making payments in lieu of taxes.  (iv)  The  authority  may  establish and revise, not inconsistent with federal law and  regulation,  reasonable  classifications  of  low-level radioactive  waste  based upon the nature, class, characteristics (other than type of generator) or condition of such waste.  The  authority  may utilize  such  classifications  for purposes of establishing or revising the rates, charges, or other  fees  upon  the  disposal  of  such  waste pursuant to paragraphs b and c of this subdivision.   b.  Upon delivery of low-level radioactive waste to permanent disposal facilities owned or operated by the authority, the  rates,  charges,  or other  fees  as  established or revised by the authority for disposal of such waste at such facilities, and  related  services,  shall  be  paid. Such rates, charges, or other fees shall be sufficient to meet all costs and  expenses  which  may  be  reasonably  and practically identified or allocated to permanent  disposal  facilities,  over  the  life  of  such facilities,  and  the  low-level  radioactive  waste disposed of at such facilities,  including  without  limitation,  all  costs  and   expenses associated  with:  development,  licensing,  operation, maintenance, and meeting debt service requirements,  or  requirements  for  repayment  of expenditures  from  appropriations for capital costs of such facilities, which  requirements  are  due  after  such  facilities  begin  accepting low-level  radioactive  waste;  establishing reserves, including but not limited to reserves for decontamination and decommissioning, closure and post-closure care, and  contingencies,  including  but  not  limited  to potential  accidents,  damages, and injuries; and making any payments in lieu of taxes or fees for local assistance and repayments of any amounts expended from appropriations for  aid  to  localities  with  respect  to permanent disposal facilities, provided, however, that all capital costs incurred  prior  to  the receipt and acceptance of low-level radioactive waste at the disposal facilities shall be recovered in a period  of  not less than twenty years after such receipt and acceptance.   c.  (i)  During  the  period  before  the commencement of operation of permanent disposal  facilities  owned  or  operated  by  the  authority, expenditures  from  appropriations  to  the departments of environmental conservation  and  health  and  the  commission  for  siting   low-level radioactive  waste  disposal  facilities for the purpose of implementing the low-level  radioactive  waste  management  act  shall  be  recovered through  assessment  against United States nuclear regulatory commission licensees for nuclear electric  generating  facilities  located  in  the state  of  New  York  which  have full power operating licenses. For the  state  fiscal  year  ending   March   thirty-first,   nineteen   hundred eighty-seven and each successive state fiscal year until commencement of operation  of  the  permanent  disposal  facilities, the chairman of the authority  shall  estimate  such  expenditures  and  shall  assess  such estimated expenditures on a pro rata basis in proportion to  the  number of  reactors  with  full power operating licenses of each such licensee. For the assessment for the state fiscal year ending March  thirty-first, nineteen  hundred  eighty-seven,  such  estimated  expenditures shall be based upon actual appropriations available to such  state  agencies  for such  fiscal  year for such purpose and shall be billed by the authority as soon as  practicable  after  the  effective  date  of  the  low-level radioactive  waste  management  act and paid by such licensees not later than  December  thirty-first,  nineteen  hundred  eighty-six.  For   the assessment  for each subsequent fiscal year, such estimated expenditures shall be based upon the proposed appropriations to such  state  agencies for  such  purpose, net of any over or under assessment for prior fiscal years compared to the latest available data  on  such  expenditures  for such  prior  fiscal  years,  and  shall be billed by the authority on or before February first preceding such fiscal year and paid on  or  before April  first of such fiscal year; provided, however, that a licensee may elect to make partial payments for such assessments on  March  tenth  of the  preceding  fiscal  year  and  on  June  tenth, September tenth, and December tenth of such fiscal year.  Each such partial payment shall  be an  amount  not  less  than  twenty-five  per centum of the total annual assessment against such licensee  for  the  relevant  fiscal  year.  The authority   shall   establish   and  maintain  records  to  account  for assessments made against and received from each licensee.  Upon  receipt of  such  assessments, and pursuant to an agreement with the director of the budget, the authority shall transmit to the state  comptroller  such amount  as  shall  be required to reimburse actual expenditures made and subject to assessment. The amounts so  assessed,  notwithstanding  their assessment,  shall  be  included  as  cost  and expenses for purposes of computing and  imposing  rates,  charges,  or  other  fees  pursuant  to paragraphs a and b of this subdivision. In imposing such rates, charges, or  other fees pursuant to such paragraph b, the authority shall provide a credit to the assessed licensees until such time as the  aggregate  of all  such credits for a licensee shall equal the actual assessments paid by such licensee, plus interest at a reasonable market rate.  (ii) In the  calculation  of  the  assessment  due  pursuant  to  this paragraph  for  any  fiscal  year  beginning  on  or  after April first, nineteen hundred ninety-seven, the net of any over or  under  assessment for  fiscal  years  ending  on  or  before  March thirty-first, nineteen hundred ninety-six, shall be deemed to be zero.   d. (i) The authority may refuse to accept  at  facilities  established pursuant  to  section  eighteen  hundred  fifty-four-b of this title any low-level radioactive waste generated by a  person  who  has  failed  to submit  to  the  authority,  the  one  or  more  reports required by the authority pursuant to subdivision one of this section.  (ii) The proceeds of any penalty or  interest  collected  pursuant  to subparagraph  (i)  of  paragraph  a of subdivision three of this section shall be remitted to the authority for the  purposes  of  the  low-level radioactive waste management act.   3.  Violations. a. Any failure or refusal to file a report, return, or other documentation, or related information, required  pursuant  to  the provisions of this section shall be deemed a violation of the provisions of,  and  a failure to perform a duty imposed by, this section and shall be subject to the following civil and criminal penalties:  (i) By a civil penalty, in the case  of  a  first  violation,  not  to exceed  five thousand dollars, and in the case of a second or subsequent violation, a civil penalty not to exceed  ten  thousand  dollars;  which penalty  may  be  assessed  and  collected  by  a court in any action or proceeding  pursuant  to subparagraph (ii) of this paragraph in addition to any criminal penalty which may be assessed for such violation.  (ii) By a misdemeanor, in the case of a willful violation by a  person having any of the culpable mental states defined in section 15.05 of the penal  law,  which  shall  be  deemed  a  misdemeanor,  and upon a first conviction thereof, by a fine not to exceed five thousand dollars, or by imprisonment for a term of not more than six months, or both  such  fine and  imprisonment;  and, upon a second or subsequent conviction thereof, punishment by  a  fine  not  to  exceed  ten  thousand  dollars,  or  by imprisonment  for a term of not more than one year, or by both such fine and imprisonment.   b. The attorney general shall institute such civil proceedings as  the authority  may  request  for  the purpose of enforcing the provisions of this section, and such criminal proceedings as the authority may request for the purpose of prosecuting criminal violations of this section.   4.  Upon  appropriation  or  other   legislative   authorization   and consistent  with a repayment agreement executed with the director of the budget, the authority shall repay from the special  account  established pursuant  to subparagraph (ii) of paragraph a of subdivision two of this section to the general fund, capital projects fund, or  any  other  fund all  amounts  expended  from  appropriations  made to the authority, the department of environmental  conservation,  the  commission  for  siting low-level  radioactive  waste  disposal  facilities,  the  department of health, or the department of labor for actual and  incremental  expenses in  the  selection,  development,  licensing,  construction,  operation, maintenance,   decontamination   and   decommissioning,   closure    and post-closure  care of low-level radioactive waste management facilities, including any regulatory program associated therewith,  or  for  aid  to localities.   5.  The  authority  may  establish reasonable terms and conditions for receipt, acceptance or disposal of low-level radioactive  waste  at  any facilities  developed  pursuant to section eighteen hundred fifty-four-c of this title, including but not limited to packaging, identification of the nature and sources of the waste and  the  generators,  shippers,  or carriers  of  such waste, or other persons having any care or custody of such waste from the place of generation to arrival at  such  facilities, and  requirements  for  bonds,  insurance,  or  other forms of financial protection or assurance of performance by persons responsible  for  such waste.   6.  Title to any low-level radioactive waste shall at all times remain in  the  generator  of  such  waste,  including  the  period   following acceptance  of  such  waste  by  the authority at the permanent disposal facilities. Acceptance at permanent disposal facilities shall not  occur until  completion  of  such  inspection and examination of the waste and determination  of  compliance  with  applicable  terms  and  conditions, including  but  not  limited  to  payment  of  applicable  fees,  as the authority may require.   7. Notwithstanding the provisions of  subdivision  twelve  of  section eighteen  hundred  fifty-five  of  this title, the authority shall enter into agreements to pay annual sums in lieu of taxes to any  municipality or  taxing  district  of  the  state  with  respect to any real property acquired and held by the authority in the state or improvements  to  any real  property  held  by the authority in the state, which real property was acquired or improvements were made after the effective date  of  the  low-level  radioactive waste management act and for the purposes of such act; provided, that any amount so paid shall be recovered through rates, charges, or other fees applicable to disposal of  low-level  radioactive waste, pursuant to subdivision two of this section.   8.  Actions  by  the  authority  pursuant to the provisions of section eighteen hundred fifty-four-c of this  title  shall  be  subject,  where applicable,  to  the  environmental  and  judicial review provisions set forth in article twenty-nine of the environmental conservation law.