Section 29-C. Radiological preparedness  


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  • 1. The commission:
        (a)   may  monitor  directly  and  record  the  off-site  presence  of
      radioactive material in the  vicinity  of  nuclear  electric  generating
      facilities located in the state of New York;
        (b)  shall obtain from the licensees, United States nuclear regulatory
      commission-required  high  range  radiation,  temperature  and  pressure
      levels  in  the  containment  buildings  and in the containment building
      vents of nuclear electric generating facilities located in the state  of
      New York; and,
        (c) shall obtain, subject to the approval of the United States nuclear
      regulatory  commission, any reactor data provided by the licensee to the
      United  States  nuclear  regulatory  commission,  which   the   disaster
      preparedness  commission  determines,  as  a result of the report issued
      pursuant to section twenty-nine-d of this  article,  to  be  a  reliable
      indicator of a possible radiological accident.
        Upon  the  occurrence of a radiological accident, the commission shall
      promptly provide appropriate and available radioactivity monitoring data
      to any chief executive  who  requests  it.  For  the  purposes  of  this
      section,  the  term  "radiological  accident"  shall  be  limited  to  a
      radiological  accident  occurring  at  a  nuclear  electric   generating
      facility.
        2. (a) Any licensee of the United States nuclear regulatory commission
      for a nuclear electric generating facility shall be liable for an annual
      fee  to  support  state  and  local  governmental responsibilities under
      accepted  radiological  emergency  preparedness  plans  related  to  the
      facility operated by such licensee.
        (b)  The  amount  of  such fee shall be one million dollars. Such fee,
      which shall be payable to the commission on or  before  December  first,
      shall be expended or distributed only by appropriation.
        3.  Such  fees  shall  be  expended  by the commission for purposes of
      supporting state and local government  responsibilities  under  accepted
      radiological emergency preparedness plans, including:
        (a)  purchase,  installation,  maintenance  and operation of equipment
      used by the commission and local governments to monitor and  record  the
      potential  and  actual  presence  of  radioactive  materials  within the
      appropriate planning radius from a nuclear electric generating facility;
        (b) purchase, storage and distribution by the commission of equipment,
      drugs or other material for the purpose of protecting public health  and
      safety;
        (c) personal service, administrative costs and contractual services;
        (d)  emergency services personnel training and the plans, development,
      implementation, testing and revisions; and,
        (e) the state or local share when applying for matching funds.
        3-a. (a) Notwithstanding the provisions of subdivision three  of  this
      section,  the  New York state emergency management office (SEMO) and the
      coalition of nuclear counties, which constitutes the counties of Monroe,
      Wayne, Oswego, Orange, Putnam,  Rockland  and  Westchester,  shall  each
      receive  an  equal  one-half  portion  of  the  total amount of proceeds
      resulting from the total assessments and contributions made pursuant  to
      this section.
        (b)  The  one-half  portion  of  the proceeds resulting from the total
      assessments and contributions made pursuant to this section received  by
      the  coalition  of nuclear counties shall be distributed pursuant to the
      following formula:
        Monroe county 12.3%
        Orange county 10%
        Oswego county 12.5%
        Putnam county 9.8%
    
        Rockland county 18%
        Wayne county 12.4%
        Westchester county 25%