NY State Senate Bill 2009-S1912

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to veterans, homeland security and military affairs
Feb 09, 2009	referred to veterans, homeland security and military affairs

co-Sponsors

2009-S1912 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §29-f, Exec L

2009-S1912 (ACTIVE) - Summary

Relates to notice of radioactive emissions at Indian Point Energy Center.

2009-S1912 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1912

 TITLE OF BILL :
An act to amend the executive law, in relation to notice of
radioactive emissions at Indian Point Energy Center


 PURPOSE :
To create standards of public notification regarding the emissions,
both routine and non-routine, from the Indian Point Energy Center.

 SUMMARY OF PROVISIONS :
To amend the Executive Law by adding a new section 29-f to provide for
the public notification of emissions from the Indian Point Energy
Center. Section I outlines the legislative intent, defines "operator"
as the entity that owns or manages the Indian Point Energy Center,
details the requirements for giving the public notice about
radioactive emissions, and describes the penalties for violations.
Some of the requirements for public notice include the following:

* Notice of emissions would be made available to the public via a
toll-free telephone number; to the commissioner of health; to the
chief executive officer of the county in which the plant is located;
and to the chief executive officer of the city, town or village where
Indian Point is located.
* Public notice would be required at least 24 hours before scheduled

releases, and as soon as possible, but not more than 24 hours, after
unscheduled releases, breakdowns or malfunctions.
* Public notices would contain the total amount of radioactivity
released; the estimated individual dose that may occur due to the
release; weather conditions at the time of the release; the area
affected; the equipment that malfunctioned, if any; and the corrective
actions taken.
* The operator of Indian Point shall submit an annual report to the
public utilities commission and the New York State Library including
the following information;
* Any safety-related incidents reported to the Nuclear Regulatory
Commission during the previous year, including a statement of the
cause of the incident, its effects on human health and the
environment, corrective measures taken and cost.
* Unresolved safety issues as defined by the NRC, and the status of
resolution.

 JUSTIFICATION :
The Indian Point Energy Center is located in Westchester County on the
east bank of the Hudson River, 24 miles north of New York City.
Twenty million people live within a 50 mile radius of Indian Point so
that the safety and security of the Plant is of paramount interest.
Elected officials including those in New York City, and nearby cities,
towns, and villages, have expressed concern regarding Indian Point's
operation through voluminous correspondence, resolutions, press
conferences, and meetings. Many good government, environmental, and
watchdog organizations monitor the Plant's operation. Citizen
awareness and involvement levels are high as evidenced by remarkable
levels of attendance at public hearings. This bill would improve the
public's access to full information about the operation of the Indian
Point Energy Center and thereby help to ensure operator accountability
and allay public concerns for safety.  The state of Maine currently
maintains a toll-free telephone number that provides 24-hour updates
on their nuclear power plant.

 LEGISLATIVE HISTORY :
2008  S.7308  Reported and Committed to Rules

 FISCAL IMPLICATIONS :
To be determined.
 EFFECTIVE DATE :
The first of April next succeeding the date on which it shall have
become law.

2009-S1912 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1912

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. MORAHAN, DIAZ -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Veterans, Homeland
  Security and Military Affairs

AN ACT to amend the executive law, in relation to notice of  radioactive
  emissions at Indian Point Energy Center

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new  section  29-f
to read as follows:
  S  29-F.  RADIOACTIVE  EMISSIONS  FROM  INDIAN  POINT  ENERGY  CENTER;
PURPOSE, NOTICE REQUIRED, REPORTS  AND  PENALTIES.  1.  THE  LEGISLATURE
FINDS  THAT  POWER PLANTS ROUTINELY RELEASE RADIOACTIVE MATERIALS TO THE
ENVIRONMENT. THESE RADIOACTIVE MATERIALS ARE  GENERALLY  RELEASED  IN  A
CONTROLLED MANNER AND WITHIN THE LIMITS ESTABLISHED BY THE UNITED STATES
NUCLEAR   REGULATORY  COMMISSION.  SOME  OF  THESE  RELEASES  HAVE  BEEN
UNPLANNED, UNSCHEDULED AND INADVERTENT. ON OCCASION, THEY EXCEED TECHNI-
CAL SPECIFICATION LIMITS. MOST  AUTHORITIES  AGREE  THAT  IT  SHOULD  BE
ASSUMED  THAT RADIATION AT ANY DOSE LEVEL HAS A FINITE RISK.  THE LEGIS-
LATURE  FINDS,  THEREFORE,  THAT  THE  PUBLIC  WELFARE  WILL  BE  BETTER
PROTECTED  IF  ALL  NUCLEAR  GENERATING PLANTS WERE REPLACED WITH INDIAN
POINT ENERGY CENTERS.   THE LEGISLATURE FINDS THAT  THE  PUBLIC  WELFARE
WILL BE BETTER PROTECTED IF THE PUBLIC IS FULLY INFORMED OF ANY RADIOAC-
TIVE EMISSIONS TO THE ENVIRONMENT.
  2.  FOR THE PURPOSES OF THIS SECTION, "OPERATOR" SHALL MEAN THE CORPO-
RATION, OR OTHER BUSINESS ENTITY, THAT OWNS OR MANAGES AN  INDIAN  POINT
ENERGY CENTER.
  3.  THE  OPERATOR  OF ANY INDIAN POINT ENERGY CENTER IN THIS STATE, OR
ITS DESIGNEE, SHALL  MAINTAIN  A  TOLL-FREE  TELEPHONE  NUMBER  FOR  THE
PURPOSE OF MAKING INFORMATION RELATED TO THE EVENTS DETAILED IN SUBDIVI-
SION  FOUR OF THIS SECTION AVAILABLE TO THE PUBLIC. ANY SUCH OPERATOR OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01934-01-9

S. 1912                             2

DESIGNEE SHALL ALSO PROVIDE NOTICE OF THE EVENTS DETAILED IN SUBDIVISION
FOUR OF THIS SECTION TO:
  (A) THE PUBLIC;
  (B) THE COMMISSIONER OF HEALTH;
  (C)  THE  CHIEF  EXECUTIVE  OFFICER  OF THE COUNTY IN WHICH ANY INDIAN
POINT ENERGY CENTER IS LOCATED; AND
  (D) THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN OR VILLAGE IN  WHICH
THE INDIAN POINT ENERGY CENTER IS LOCATED.
  4.  THE  NOTICE REQUIRED IN SUBDIVISION THREE OF THIS SECTION SHALL BE
FOR ANY OF THE FOLLOWING:
  (A) SCHEDULED RELEASES OF RADIOACTIVE MATERIALS AT  LEAST  TWENTY-FOUR
HOURS BEFORE THE RELEASE IS PLANNED TO OCCUR; AND
  (B)  UNSCHEDULED  RELEASES OF RADIOACTIVE MATERIALS, AS SOON AS POSSI-
BLE, BUT NOT MORE THAN TWENTY-FOUR HOURS  AFTER  THE  DISCOVERY  OF  THE
RELEASE.
  5.  THE NOTICE REQUIRED BY THIS SECTION SHALL CONTAIN A DESCRIPTION OF
THE FOLLOWING:
  (A) THE TOTAL AMOUNT  OF  RADIOACTIVITY  RELEASED  OR  PLANNED  TO  BE
RELEASED;
  (B) THE ESTIMATED INDIVIDUAL DOSE THAT MAY OCCUR DUE TO THE EVENT;
  (C)  WEATHER CONDITIONS OR PREDICTED WEATHER CONDITIONS AT THE TIME OF
THE RELEASE OR SCHEDULED RELEASE;
  (D) THE AREA AFFECTED OR ANTICIPATED TO BE AFFECTED BY THE EVENT;
  (E) THE EQUIPMENT THAT MALFUNCTIONED, OR THE OPERATOR ERROR  OR  OTHER
CONDITION THAT CAUSED THE RELEASE; AND
  (F) CORRECTIVE ACTIONS TAKEN.
  6.    (A)  THE  INFORMATION  PROVIDED  IN  THE NOTICE REQUIRED BY THIS
SECTION SHALL BE SUBMITTED IN THE FORM OF A REPORT TO THE DEPARTMENT  OF
HEALTH.
  (B)  THE  COMMISSIONER OF HEALTH, OR HIS OR HER DESIGNEE, SHALL REVIEW
AND STUDY THE REPORTS, IF ANY, AND CONSOLIDATE THEM FOR DISTRIBUTION  TO
THE  PUBLIC  SERVICE  COMMISSION,  STATE  AGENCIES  AND PUBLIC OFFICIALS
CONCERNED WITH NUCLEAR ENERGY AND INTERESTED MEMBERS OF THE PUBLIC. SUCH
REPORT SHALL INCLUDE AN ABSTRACT THAT IS EASILY UNDERSTOOD BY THE GENER-
AL PUBLIC.
  (C) REPORTS OF RELEASE WHICH EXCEED TECHNICAL SPECIFICATION LIMITS  OR
RESULT IN OVEREXPOSURE TO POWER PLANT PERSONNEL OR MEMBERS OF THE PUBLIC
SHALL BE REVIEWED EXPEDITIOUSLY BY THE COMMISSIONER OF HEALTH, OR HIS OR
HER  DESIGNEE,  AND  A  REPORT SHALL BE FORWARDED TO THE INDIVIDUALS AND
AGENCIES AS PROVIDED IN THIS SECTION.
  7. THE OPERATOR OF ANY INDIAN POINT ENERGY CENTER IN  THIS  STATE,  OR
HIS   OR   HER   DESIGNEE,  SHALL  SUBMIT  AN  ANNUAL  REPORT  BY  MARCH
THIRTY-FIRST, TO THE PUBLIC SERVICE COMMISSION, WITH A COPY SENT TO  THE
NEW YORK STATE LIBRARY; WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A)  A LIST AND SUMMARY DESCRIPTION OF ANY SAFETY-RELATED INCIDENTS AT
THAT INDIAN POINT ENERGY CENTER REPORTED TO THE  UNITED  STATES  NUCLEAR
REGULATORY  COMMISSION  DURING  THE  PREVIOUS CALENDAR YEAR, INCLUDING A
STATEMENT OF THE CAUSE OF THE INCIDENT, ITS EFFECTS ON HUMAN HEALTH  AND
THE  ENVIRONMENT,  CORRECTIVE  MEASURES  WHICH  HAVE  BEEN TAKEN AND THE
COSTS;
  (B) A LIST AND SUMMARY DESCRIPTION OF THOSE UNRESOLVED  SAFETY  ISSUES
AS  DEFINED  BY  THE  UNITED  STATES NUCLEAR REGULATORY COMMISSION WHICH
PERTAIN TO THAT INDIAN POINT ENERGY CENTER AND THE STATUS OF  RESOLUTION
AND IMPLEMENTATION OF THOSE UNRESOLVED SAFETY ISSUES; AND
  (C)  A  LIST  AND  SUMMARY DESCRIPTION OF ANY UNRESOLVED SAFETY ISSUES
WHICH HAVE BEEN CONVERTED TO REGULATION BY  THE  UNITED  STATES  NUCLEAR

S. 1912                             3

REGULATORY  COMMISSION  FOR IMPLEMENTATION AT THAT POWER PLANT, TOGETHER
WITH THE BEST AVAILABLE ESTIMATES OF THE COST AND TIME REQUIRED FOR THAT
IMPLEMENTATION.
  8.  ANY  OPERATOR  OF  AN INDIAN POINT ENERGY CENTER IN THIS STATE WHO
FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT  TO
A  FINE  OF  NOT  LESS  THAN  ONE  THOUSAND  DOLLARS  AND  NOT TO EXCEED
TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION TO BE LEVIED BY  THE  DEPART-
MENT  OF  HEALTH  AFTER  NOTICE  AND OPPORTUNITY TO BE HEARD PURSUANT TO
SECTION TWELVE-A OF THE PUBLIC HEALTH LAW.
  S 2.  This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

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Senate Bill S1912

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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co-Sponsors

2009-S1912 (ACTIVE) - Details

2009-S1912 (ACTIVE) - Summary

2009-S1912 (ACTIVE) - Sponsor Memo

2009-S1912 (ACTIVE) - Bill Text download pdf

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Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

co-Sponsors

Ruben Diaz

Liz Krueger

2009-S1912 (ACTIVE) - Details

2009-S1912 (ACTIVE) - Summary

2009-S1912 (ACTIVE) - Sponsor Memo

2009-S1912 (ACTIVE) - Bill Text download pdf

Comments