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

                                 5080--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on  Governmental  Operations  --  committee  discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to disaster  preparedness
  plans  for  nuclear  power plants operating within the state or within
  fifty miles of the state's border

  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 23-d
to read as follows:
  S 23-D. NUCLEAR POWER PLANT DISASTER PREPAREDNESS PLANS.  1.  THE  NEW
YORK  STATE  EMERGENCY  MANAGEMENT  OFFICE, IN CONSULTATION WITH NUCLEAR
POWER PLANTS OPERATING WITHIN THIS STATE OR WITHIN FIFTY  MILES  OF  THE
STATE  BORDER, IS HEREBY AUTHORIZED AND DIRECTED TO COORDINATE A COMPRE-
HENSIVE REVIEW OF DISASTER PREPAREDNESS  PLANS  FOR  SUCH  POWER  PLANTS
WITHIN  SIX  MONTHS  OF  THE  EFFECTIVE  DATE  OF THIS SECTION AND, UPON
COMPLETION OF SUCH REVIEW, DEVELOP  INDIVIDUAL  SITE  SPECIFIC  DISASTER
PREPAREDNESS  PLANS  FOR  EACH  SUCH NUCLEAR POWER PLANT. THE REVIEW AND
DEVELOPMENT OF SUCH DISASTER PREPAREDNESS PLANS SHALL INCLUDE,  BUT  NOT
BE LIMITED TO, THE FOLLOWING:
  (A)  THE  REASONABLE  TIME  NECESSARY TO EVACUATE AN AREA WITHIN FIFTY
MILES OF THE PLANT GIVEN THE SIZE OF THE  POPULATION  RESIDING  IN  SUCH
AREA;
  (B)  THE  LOCATION  TO WHICH PEOPLE MAY BE EVACUATED IN THE EVENT OF A
DISASTER;
  (C) THE FEASIBILITY OF EVACUATING AREAS WITHIN FIFTY MILES OF A  POWER
PLANT IN THE EVENT OF A SEVERE CORE DAMAGE ACCIDENT;
  (D) THE ROLE OF PUBLIC SAFETY AND SCHOOL PERSONNEL IN SAFELY RETURNING
SCHOOL CHILDREN WITH THEIR PARENTS;
  (E) THE ISOLATION FROM CONSUMPTION OF CONTAMINATED FOOD AND WATER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03713-02-1

              

A. 5080--A                          2

  (F)  THE EVACUATION OF PEOPLE FROM HOSPITALS AND OTHER INSTITUTIONS IN
WHICH PATIENTS OR RESIDENTS HAVE SPECIAL NEEDS OR REQUIRE SPECIAL ATTEN-
TION; AND
  (G)  THE  APPROPRIATENESS  AND  USEFULNESS  OF  IMPLEMENTING ANY OTHER
DISASTER PREPAREDNESS PLAN OR OTHER PLAN IN THE EVENT OF A NUCLEAR POWER
PLANT DISASTER.
  2. A COPY OF THE REVIEW OF SUCH DISASTER PREPAREDNESS PLANS  SHALL  BE
SUBMITTED  TO  THE GOVERNOR, THE SENATE MAJORITY LEADER, AND THE SPEAKER
OF THE ASSEMBLY. WHERE SUCH REVIEW DETERMINES THAT THERE IS NO  FEASIBLE
EVACUATION  PLAN FOR AREAS WITHIN FIFTY MILES OF SUCH PLANTS, THE GOVER-
NOR SHALL TAKE APPROPRIATE ACTION TO SEEK CLOSURE OF SUCH PLANTS.
  S 2. This act shall take effect immediately.