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

                                  7408

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. THIELE -- Multi-Sponsored by -- M. of A. GIGLIO
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  directing  the
  commissioner  of  health  to  evaluate  the history of the radioactive
  emissions from a nuclear power plant  prior  to  the  extension  of  a
  license to operate

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

  Section 1. Legislative findings. The legislature  finds  and  declares
that:
  1.  Historically,  the  nuclear  power industry has obtained operating
licenses with a finite time period and many of these licenses are reach-
ing the end of such time periods. The re-licensing  and/or  transfer  of
these  operating licenses is a large commitment of public resources that
should be made with  the  utmost  caution  and  opportunity  for  public
comment.
  2.  A  recent  study  has shown that infant death rates near five U.S.
nuclear plants dropped  significantly  after  the  reactors  closed  and
raised  questions about the federal government's refusal to consider the
effects of radioactive emissions from nuclear plants on local residents.
In the first two years after the reactors  closed,  infant  death  rates
fell  fifteen to twenty percent from the previous two years, compared to
an average national decline of only six percent between 1985  and  1996.
In  each  of  the  five areas studied, no other nuclear reactor operates
within seventy miles of  the  closed  reactor,  essentially  creating  a
"nuclear-free  zone."  The study detailed the plunges in newly-diagnosed
leukemia and cancer cases and birth defect deaths in children under five
years in the four-county local area  downwind  from  Rancho  Seco.  This
excessive  decline has continued through the first seven years after the
June 1989 closing. In contrast, the local infant death rate rose in  the
two years after Rancho Seco began operations in 1974.
  3.  Moreover,  dramatic decreases in childhood cancer cases and deaths
from birth defects, which are strongly affected by  radiation  exposure,
occurred  near  one of the reactors. Because this study raises questions

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10952-01-1

A. 7408                             2

about the risks to the health  of  forty-two  million  Americans  living
downwind  and under fifty miles of nuclear power plants, it is incumbent
upon the state of New York to  consider  the  potential  adverse  health
effects  associated  with nuclear plant operations before the renewal of
plant licenses.
  S 2.  Article 2 of the public health law is amended by  adding  a  new
title 6 to read as follows:
                                 TITLE VI
                     NUCLEAR POWER PLANT EVALUATION
SECTION 267. NUCLEAR POWER PLANT EVALUATION.
        268. NUCLEAR POWER PLANT CITIZEN ADVISORY BOARD.
  S  267.  NUCLEAR  POWER  PLANT EVALUATION. 1. THE DEPARTMENT IS HEREBY
AUTHORIZED AND DIRECTED TO CONDUCT AN EVALUATION OF  ANY  NUCLEAR  POWER
PLANT    OPERATING  IN  THIS STATE PRIOR TO THE ISSUANCE OF A LICENSE TO
EXTEND THE PERIOD OF OPERATION OF SUCH PLANT. THE DEPARTMENT IS DIRECTED
TO CONSULT AND COOPERATE WITH ANY  NUCLEAR  PLANT  LICENSING  AGENCY  TO
EFFECTUATE THE PROVISIONS OF THIS SECTION. SUCH EVALUATION SHALL CONSIST
OF  A  COMPREHENSIVE  STUDY  OF THE HISTORY OF THE RADIOACTIVE EMISSIONS
FROM SUCH NUCLEAR POWER PLANT AND A STUDY OF THE CHANGES IN THE RATES OF
CANCER, TYPES OF CANCER AND PATTERNS OF CANCER IN  THE  GEOGRAPHIC  AREA
AROUND  SUCH  PLANT. UPON THE COMPLETION OF SUCH EVALUATION, THE DEPART-
MENT SHALL ISSUE A WRITTEN REPORT CONTAINING THE FINDINGS OF SUCH EVALU-
ATION TO THE NUCLEAR POWER PLANT LICENSING AGENCY AND THE NUCLEAR  POWER
PLANT.
  2.  NO  NUCLEAR  POWER  PLANT  OPERATING  IN THIS STATE SHALL OBTAIN A
LICENSE TO EXTEND THE PERIOD OF OPERATION OF SUCH  PLANT  WITHOUT  FIRST
OBTAINING  A  REPORT  FROM THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF
THIS SECTION.
  S 268. NUCLEAR POWER PLANT CITIZEN ADVISORY BOARD. 1. THERE IS  HEREBY
ESTABLISHED WITHIN THE DEPARTMENT A NUCLEAR POWER PLANT CITIZEN ADVISORY
BOARD. SUCH BOARD SHALL CONSIST OF THIRTEEN MEMBERS AS FOLLOWS:
  A. THE COMMISSIONER;
  B.  THREE  MEMBERS  FROM  THE  PUBLIC  HEALTH COMMUNITY FROM THE STATE
UNIVERSITY OF NEW YORK, ONE OF WHOM SHALL BE APPOINTED BY THE  GOVERNOR,
ONE  BY  THE TEMPORARY PRESIDENT OF THE SENATE AND ONE BY THE SPEAKER OF
THE ASSEMBLY;
  C. THREE MEMBERS  FROM  ORGANIZATIONS  WHICH  ADVOCATE  ON  BEHALF  OF
PERSONS WITH BREAST CANCER, ONE OF WHOM SHALL BE APPOINTED BY THE GOVER-
NOR, ONE BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE BY THE SPEAKER
OF THE ASSEMBLY;
  D.  THREE MEMBERS FROM RECOGNIZED AND ESTABLISHED ENVIRONMENTAL COMMU-
NITIES, ONE OF WHOM SHALL BE APPOINTED  BY  THE  GOVERNOR,  ONE  BY  THE
TEMPORARY  PRESIDENT  OF THE SENATE AND ONE BY THE SPEAKER OF THE ASSEM-
BLY; AND
  E. THREE MEMBERS FROM ORGANIZATIONS WHICH ADVOCATE ON BEHALF OF  CHIL-
DREN WITH CANCER, ONE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, ONE BY
THE  TEMPORARY  PRESIDENT  OF  THE  SENATE AND ONE BY THE SPEAKER OF THE
ASSEMBLY.
  2. THE ADVISORY BOARD,  IN  COOPERATION  WITH  THE  DEPARTMENT,  SHALL
DEVELOP  THE  METHOD  AND  PROCEDURE FOR THE EVALUATION OF NUCLEAR POWER
PLANTS REQUIRED BY SECTION TWO HUNDRED SIXTY-SEVEN  OF  THIS  TITLE  AND
SHALL  ISSUE  A  WRITTEN  REPORT  WITH RECOMMENDATIONS TO THE DEPARTMENT
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS TITLE.
  S 3. This act shall take effect immediately.