N.Y. Public Authorities Law Section 1854-A
Nuclear waste repository siting


1.

As used or referred to in this title:

a.

“Repository for the terminal storage of nuclear waste” shall mean a facility where nuclear waste is disposed of in such a way as to be permanently isolated from the environment for the period of time that is necessary for such wastes to become harmless, even if such facility contains a means for retrieving such wastes. This term shall include deep geological formations and any other disposal technology authorized by the National Waste Terminal Storage Program, but shall not include existing nuclear waste facilities at the Western New York Nuclear Services Center.

b.

“Nuclear waste” shall mean high level liquid radioactive wastes, solid high level radioactive wastes, spent nuclear fuel elements, and wastes bearing quantities of transuranic elements which are not authorized for burial in shallow land burial areas pursuant to regulation or license by the United States Nuclear Regulatory Commission or the state of New York pursuant to agreement with the United States Nuclear Regulatory Commission.

2.

No repository for the terminal storage of nuclear waste as defined in this section shall be sited, constructed, or operated within the state, unless the legislature and the governor of the state shall be consulted and shall concur by statute in the establishment of such repository.

3.

Prior to approval by the legislature the authority shall, upon the request of the governor, review any proposal for a repository for the terminal storage of nuclear waste and, in order to assist the governor and the legislature in their determinations of need and safety, the authority shall:

a.

Conduct or cause to be conducted a complete study on all issues involved in the establishment of a repository for the terminal storage of nuclear waste, including but not limited to, all long and short term health and safety aspects, the reliability of long-term isolation, the relationship between federal and state responsibility, and the potential state fiscal responsibility both one time and recurring.

b.

Solicit and evaluate reports and recommendations from the state energy office, department of environmental conservation, department of public service, department of transportation, department of commerce, department of health and any other state agencies that are deemed appropriate.

c.

Prepare and submit to the legislature an environmental impact statement pursuant to article eight of the environmental conservation law.

d.

Determine whether the proposed technology and proposed site can be utilized for the safe and permanent disposal of nuclear waste and will not result in a significant environmental hazard or other threat to the public health, safety or welfare.

e.

Conduct public hearings in various parts of the state in such a way as to insure the widest possible input from residents of the state including but not limited to residents who live in close proximity to a proposed site or sites.

f.

Prepare a detailed estimate of the anticipated costs to construct and operate such a repository for the terminal storage of nuclear waste, the extent to which such costs will be borne by the state and the time period of probable continued costs.

Source: Section 1854-A — Nuclear waste repository siting, https://www.­nysenate.­gov/legislation/laws/PBA/1854-A (updated Sep. 22, 2014; accessed Jul. 20, 2024).

1850
Short title
1850‑A
Legislative declaration
1851
Definitions
1852
New York state energy research and development authority
1853
Approval power of the governor
1854
Purposes and specific powers of the authority
1854‑A
Nuclear waste repository siting
1854‑B
Low-level radioactive waste management facilities
1854‑C
Permanent disposal facilities
1854‑D
Generator reporting and fees
1855
General powers of the authority
1856
Acquisition of real property
1857
Officers and employees
1858
Assistance by state officers, departments, boards, divisions and commissions
1859
Deposit, investment and accounting of moneys of the authority
1860
Bonds and notes
1860‑A
Reserve funds and appropriations
1861
Exemption from taxation of the property and income of the authority
1862
Exemption from taxation of bonds and notes
1863
Bonds and notes legal investments for fiduciaries
1864
Right of state to require redemption of bonds
1865
Rights and remedies of bondholders and noteholders
1866
State not liable on bonds and notes
1867
Annual reports
1867‑A
Federal insurance or guaranty
1868
Inconsistent provisions of other acts
1868‑A
Actions
1869
Termination of the authority
1870
Title not affected if in part unconstitutional or ineffective
1871
Public service law not applicable to authority
1872
Green residential building program
1872‑A
Affordable residential green building program
1873
Examination and reporting of energy efficiency grant recipients
1875
Legislative findings and declaration of intent
1876
High temperature technology research program established
1877
Purposes of the high temperature technology research program
1878
State coordination, oversight and technology transfer
1879
Funds
1880
Legislative findings and declaration of intent
1881
High phase order electric transmission research project
1882
School energy efficiency collaboration program
1883
State oversight and funding
1884
Zero-emission bus roadmap

Accessed:
Jul. 20, 2024

Last modified:
Sep. 22, 2014

§ 1854-A’s source at nysenate​.gov

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