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.