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

                                  7284

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, ABINANTI, BARRON, TITONE, ROBERTS,
  SCHIMEL, JAFFEE, MILLMAN, P. RIVERA, ROSENTHAL --  Multi-Sponsored  by
  --  M. of A. GLICK, MARKEY, ROBINSON, THIELE -- read once and referred
  to the Committee on Energy

AN ACT to amend the public service law, in  relation  to  requiring  the
  approval  of  both  houses  of the legislature for the construction or
  extended operation of nuclear electric generating facilities

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

  Section  1.  The public service law is amended by adding a new article
12 to read as follows:
                               ARTICLE 12
                 NUCLEAR ELECTRIC GENERATING FACILITIES
SECTION 250. LEGISLATIVE DECLARATION.
        251. CONSTRUCTION OR OPERATION OF FACILITIES.
        252. PUBLIC ENGAGEMENT PROCESS.
  S 250. LEGISLATIVE DECLARATION. THE LEGISLATURE HEREBY DECLARES IT  TO
BE  THE  POLICY OF THE STATE THAT NUCLEAR ELECTRIC GENERATING FACILITIES
SHALL ONLY BE OPERATED IN THE STATE WITH THE EXPLICIT  APPROVAL  OF  THE
STATE  LEGISLATURE AFTER FULL, OPEN AND INFORMED PUBLIC DELIBERATION AND
DISCUSSION WITH RESPECT TO THE PERTINENT FACTORS, INCLUDING THE  STATE'S
NEED  FOR ELECTRIC POWER, ECONOMICS AND ENVIRONMENTAL IMPACTS OF STORAGE
OF NUCLEAR WASTE PURSUANT TO ARTICLE EIGHTEEN OF THE ENERGY LAW, AND THE
AVAILABILITY OF ALTERNATIVE ELECTRIC GENERATING SOURCES.
  IT IS APPROPRIATE THAT THE SPENT NUCLEAR  FUEL  ISSUE  BE  FRAMED  AND
ADDRESSED  AS PART OF THE LARGER SOCIETAL DISCUSSION OF BROADER ECONOMIC
AND ENVIRONMENTAL ISSUES RELATING TO THE OPERATION OF  NUCLEAR  ELECTRIC
GENERATING  FACILITIES,  INCLUDING ASSESSMENTS OF THE POTENTIAL NEED FOR
THE OPERATION OF SUCH FACILITIES AND THEIR ECONOMIC BENEFITS, RISKS  AND
COSTS;  AND IN ORDER TO ALLOW AN OPPORTUNITY TO ASSESS ALTERNATIVES THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-01-1

              

A. 7284                             2

MAY BE MORE COST EFFECTIVE OR THAT  OTHERWISE  MAY  BETTER  PROMOTE  THE
GENERAL WELFARE.
  THE  LEGISLATURE  DECLARES  THAT  WHEN  THE  PUBLIC SERVICE COMMISSION
ADDRESSES THE ISSUE OF WHETHER TO AUTHORIZE THE CONSTRUCTION OR  CONTIN-
UED  OPERATION  OF  A NUCLEAR ELECTRIC GENERATING FACILITY, IT EVALUATES
THE ISSUE UNDER THE COST BENEFIT ASSUMPTIONS AND  ANALYSES  FORMING  THE
BASIS OF THE CURRENT OPERATION OF SUCH FACILITY.
  S  251. CONSTRUCTION OR OPERATION OF FACILITIES. 1. BEFORE THE COMMIS-
SION AUTHORIZES THE CONSTRUCTION OF A NUCLEAR ELECTRIC GENERATING FACIL-
ITY, SUCH COMMISSION SHALL OBTAIN THE APPROVAL OF  THE  LEGISLATURE  AND
THE  LEGISLATURE'S  DETERMINATION  THAT  SUCH  FACILITY WILL PROMOTE THE
GENERAL WELFARE, AS EXPRESSED IN A JOINT RESOLUTION DULY FILED WITH  THE
SECRETARY OF STATE. THE COMMISSION SHALL PROVIDE NOTICE TO THE TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
SENATE COMMITTEE ON ENERGY AND  TELECOMMUNICATIONS,  THE  CHAIR  OF  THE
ASSEMBLY  COMMITTEE ON ENERGY, THE MINORITY LEADER OF THE SENATE AND THE
MINORITY LEADER OF THE ASSEMBLY OF EACH APPLICATION FOR THE CONSTRUCTION
OF A NUCLEAR ELECTRIC  GENERATING  FACILITY.  UPON  SUBMISSION  OF  SUCH
NOTICE, THE COMMISSION SHALL PROVIDE ITS RECOMMENDATIONS ON THE PROPOSED
FACILITY AND PROVIDE ALL RELEVANT INFORMATION RELATING THERETO.
  2.  NO  NUCLEAR ELECTRIC GENERATING FACILITY SHALL BE OPERATED IN THIS
STATE AFTER THE EXPIRATION DATE OF ANY OPERATING CERTIFICATE  ISSUED  BY
THE NUCLEAR REGULATORY COMMISSION TO SUCH FACILITY, UNLESS AND UNTIL THE
STATE  LEGISLATURE  APPROVES AND DETERMINES THAT THE CONTINUED OPERATION
OF THE NUCLEAR ELECTRIC GENERATING FACILITY  WILL  PROMOTE  THE  GENERAL
WELFARE,  AS  EXPRESSED IN A JOINT RESOLUTION DULY FILED WITH THE SECRE-
TARY OF STATE.
  S 252. PUBLIC ENGAGEMENT PROCESS. 1. (A)  EVERY  APPLICATION  FOR  THE
CONSTRUCTION  OR  CONTINUED  OPERATION  OF A NUCLEAR ELECTRIC GENERATING
FACILITY SHALL BE SUBMITTED TO THE COMMISSION NOT LESS THAN  FOUR  YEARS
BEFORE  THE  DATE THE NECESSARY LEGISLATIVE APPROVAL IS REQUIRED TO TAKE
EFFECT.
  (B) UPON RECEIPT OF AN APPLICATION PURSUANT TO PARAGRAPH (A)  OF  THIS
SUBDIVISION, THE COMMISSION SHALL PROVIDE NOTICE THEREOF TO THE LEGISLA-
TURE  AND  THEREAFTER  SHALL  PROVIDE ALL PERTINENT INFORMATION RELATING
THERETO ON A  CONTINUING  BASIS.    FURTHERMORE,  THE  COMMISSION  SHALL
PROVIDE  FOR  THE  CONDUCTING  OF  SUCH STUDIES AS SHALL BE NECESSARY TO
ASSIST THE STATE LEGISLATURE.
  2. (A) THE STUDIES CONDUCTED BY THE COMMISSION SHALL:
  (I) FACILITATE PUBLIC DISCUSSION OF THE LONG-TERM ECONOMIC  AND  ENVI-
RONMENTAL ISSUES RELATING TO THE OPERATION OF THE FACILITY;
  (II)  IDENTIFY  AND ASSESS THE POTENTIAL NEED FOR THE OPERATION OF THE
FACILITY AND ITS LONG-TERM ECONOMIC AND  ENVIRONMENTAL  BENEFITS,  RISKS
AND COSTS; AND
  (III)  ASSESS  ALL  PRACTICAL  ALTERNATIVES  TO THOSE SET FORTH IN THE
APPLICATION THAT MAY BE MORE COST EFFECTIVE OR THAT OTHERWISE MAY BETTER
PROMOTE THE GENERAL WELFARE.
  (B) THE STUDIES CONDUCTED BY THE COMMISSION AND THE PUBLIC  ENGAGEMENT
PROCESS SHALL:
  (I)  IDENTIFY  AND  COLLECT  INFORMATION  ON,  AND PROVIDE ANALYSIS OF
LONG-TERM ACCOUNTABILITY AND FISCAL RESPONSIBILITY ISSUES, SUCH AS:
  (A) FUNDING PLANS FOR GUARDIANSHIP OF NUCLEAR WASTE AFTER APPROVAL BUT
BEFORE REMOVAL OF NUCLEAR WASTE FROM THE FACILITY;
  (B) CLOSURE OBLIGATIONS, DATES OF COMPLETION AND ASSURANCE OF FUNDS TO
SECURE FULFILLMENT OF THOSE CLOSURE OBLIGATIONS;

A. 7284                             3

  (C) FEDERAL OBLIGATIONS AND ASSURANCE OF  FUNDS  TO  PROVIDE  FOR  ANY
UNDISCHARGED FEDERAL RESPONSIBILITIES;
  (D) FUNDING FOR EMERGENCY MANAGEMENT REQUIREMENTS AND EVACUATION PLANS
BEFORE AND AFTER FACILITY CLOSURE; AND
  (E) ANY OTHER FINANCIAL RESPONSIBILITY RELATED TO ANY PERIODS IN WHICH
THE FACILITY IS OUT OF SERVICE;
  (II)  IDENTIFY  AND  COLLECT  INFORMATION  ON, AND PROVIDE ANALYSIS OF
LONG-TERM ENVIRONMENTAL, ECONOMIC AND PUBLIC  HEALTH  ISSUES,  INCLUDING
ISSUES RELATING TO DRY CASK STORAGE OF NUCLEAR WASTE AND DECOMMISSIONING
OPTIONS; AND
  (III) IDENTIFY AND COLLECT INFORMATION ON, AND PROVIDE ANALYSIS OF THE
CURRENT  ECONOMIC ISSUES, IN LIGHT OF THE FACT THAT THE CONTINUED OPERA-
TION OF THE NUCLEAR ELECTRIC GENERATING  FACILITY  IS  TO  BE  EVALUATED
UNDER  THE  CURRENT  COST BENEFIT ASSUMPTIONS AND ANALYSES AND NOT AS AN
EXTENSION OF THE COST BENEFIT ASSUMPTIONS AND ANALYSES AT THE  TIME  THE
FACILITY COMMENCED OPERATIONS.
  3.   IN CONDUCTING A PUBLIC ENGAGEMENT PROCESS ON ANY APPLICATION, THE
COMMISSION SHALL CONDUCT NO LESS THAN THREE PUBLIC HEARINGS.  THE  HEAR-
INGS  SHALL  BE  AT SEPARATE LOCATIONS WITHIN THE STATE, IN PROXIMITY TO
THE NUCLEAR ELECTRIC GENERATING FACILITY INVOLVED AS WELL  AS  IN  OTHER
LOCATIONS  AS DETERMINED BY THE COMMISSION, AND EACH SHALL BE NOTICED BY
AT LEAST TWO ADVERTISEMENTS, EACH OCCURRING BETWEEN ONE AND THREE  WEEKS
PRIOR  TO  THE  HEARING, IN NEWSPAPERS HAVING GENERAL CIRCULATION WITHIN
THE MUNICIPALITIES IN WHICH THE HEARING IS TO BE  HELD.  COPIES  OF  THE
NOTICES  SHALL BE PROVIDED TO THE LEGISLATURE, THE DEPARTMENT OF HEALTH,
THE DEPARTMENT OF TRANSPORTATION, THE ATTORNEY GENERAL AND EACH ELECTRIC
CORPORATION WITHIN THE STATE. DURING SUCH PUBLIC ENGAGEMENT PROCESS  THE
COMMISSION  SHALL  HAVE  AUTHORITY  TO RETAIN EXPERT WITNESSES, COUNSEL,
ADVISORS, STENOGRAPHIC AND OTHER RESEARCH ASSISTANCE IT MAY REQUIRE. THE
COMMISSION MAY COMPENSATE THE SAME AND ALLOCATE RELATED COSTS,  AS  WELL
AS  THE COSTS OF PROCURING THE STUDIES, TO THE APPLICANT. THE COMMISSION
SHALL PREPARE A REPORT OF THE PROCEEDINGS CONTAINING A DISCUSSION OF THE
PRINCIPAL CONTENTIONS MADE BY MEMBERS OF THE  PUBLIC,  ANALYSES  BY  ANY
EXPERT  WITNESSES  OR  CONSULTANTS RETAINED BY THE COMMISSION, PRESENTA-
TIONS BY ANY STATE AGENCY AND BY ANY PUBLIC UTILITY, AND  SHALL  PROVIDE
SUCH REPORT TO THE LEGISLATURE AND TO THE PUBLIC.
  4.  THE  LEGISLATURE MAY CONDUCT SUCH PROCEEDINGS IT DEEMS APPROPRIATE
IN ORDER TO COMPLETE THE FACT FINDING AND PUBLIC ENGAGEMENT PROCESS.
  S 2. This act shall take effect immediately.