Section 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.