S T A T E O F N E W Y O R K
________________________________________________________________________
5968
2013-2014 Regular Sessions
I N A S S E M B L Y
March 12, 2013
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Introduced by M. of A. ENGLEBRIGHT, ABINANTI, BARRON, TITONE, ROBERTS,
SCHIMEL, JAFFEE, MILLMAN, ROSENTHAL, WEPRIN, O'DONNELL, MAISEL, COOK,
HOOPER -- 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.
LBD09697-01-3
A. 5968 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. 5968 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.