Assembly Bill A10236B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10236
 
                           I N  A S S E M B L Y
 
                              March 27, 2020
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Energy
 
 AN ACT to amend the public service law, in  relation  to  providing  for
   decommissioning  oversight boards for nuclear power plants in New York
   state
 
   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 section
 174 to read as follows:
   § 174. NEW YORK STATE  DECOMMISSIONING  OVERSIGHT  BOARD.  1.    DEFI-
 NITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "RETIREMENT"  MEANS THE PERMANENT CLOSURE OF A STATE NUCLEAR POWER
 PLANT THAT  HAS  BEEN  NOTICED  TO  THE  NUCLEAR  REGULATORY  COMMISSION
 ("NRC").
   B.  "RETIRING FACILITY" OR "FACILITY" SHALL MEAN A STATE NUCLEAR POWER
 PLANT WHOSE CLOSURE HAS BEEN NOTICED TO THE NUCLEAR  REGULATORY  COMMIS-
 SION, INCLUDING THE SITE ON WHICH IT SITS.
   C.  "DECOMMISSIONING PERIOD" SHALL BROADLY ENCOMPASS THE TIME COMMENC-
 ING FROM THE  RETIRING  FACILITY'S  NOTICE  TO  THE  NUCLEAR  REGULATORY
 COMMISSION  OF  THE INTENT TO CLOSE UNTIL THE PROPERTY HAS BEEN RELEASED
 FOR REUSE AND ALL SPENT NUCLEAR FUEL HAS BEEN REMOVED FROM THE SITE.
   D. "REUSE" MEANS THE UNRESTRICTED USE OF THE SITE UNDER ALL APPLICABLE
 NUCLEAR REGULATORY COMMISSION, OTHER FEDERAL, STATE, AND LOCAL  NUCLEAR,
 ENVIRONMENTAL, AND ZONING LAWS.
   E.  "DECOMMISSIONING ACTIVITIES" SHALL ENCOMPASS ALL ACTIVITIES AT THE
 SITE OF THE RETIRING FACILITY THAT  ARE  DIRECTLY  RELATED  TO  REDUCING
 RESIDUAL  RADIOACTIVITY  TO A LEVEL THAT PERMITS RELEASE OF THE PROPERTY
 FOR REUSE AND THE  TERMINATION  OF  THE  NUCLEAR  REGULATORY  COMMISSION
 LICENSE  BUT DOES NOT INCLUDE ACTIVITIES ASSOCIATED WITH IRRADIATED FUEL
 MANAGEMENT AND SITE RESTORATION ACTIVITIES.
   F. "LICENSEE" SHALL MEAN THE HOLDER OF THE NUCLEAR REGULATORY  COMMIS-
 SION  LICENSE  FOR  THE RETIRING FACILITY AS OF THE DATE OF ANY ACTIVITY
 SPECIFIED HEREIN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16010-01-0

 A. 10236                            2
 
   G. "SITE" SHALL MEAN THE PROPERTY ON  WHICH  THE  APPLICABLE  RETIRING
 FACILITY SITS.
   H.  "SITE  RESTORATION" SHALL MEAN ALL ACTIVITIES PERFORMED TO PREPARE
 THE SITE FOR ITS NEXT USE OR SOME DESIRED END STATE.
   I. "DECOMMISSIONING TRUST  FUND"  SHALL  MEAN  THE  FUNDS  ACCUMULATED
 PURSUANT  TO NUCLEAR REGULATORY COMMISSION REGULATIONS FOR THE DECOMMIS-
 SIONING OF  THE  FACILITY,  FROM  ANY  SOURCE,  INCLUDING  ANY  INTEREST
 RECEIVED THEREON.
   J.  "COMMENTS" SHALL MEAN OFFICIAL STATEMENTS ON PROPOSED ACTIONS WITH
 REGARD TO THE RETIRING  FACILITY,  FILED  WITH  THE  NUCLEAR  REGULATORY
 COMMISSION  OR OTHER GOVERNMENT ENTITY ACCORDING TO ALL APPLICABLE REGU-
 LATIONS.
   K. "SPENT NUCLEAR FUEL" SHALL MEAN ANY FUEL RODS  AND/OR  FUEL  ASSEM-
 BLIES  THAT  HAVE BEEN INSTALLED IN THE RETIRING FACILITY'S REACTOR CORE
 AT ANY TIME, WHETHER SUCH FUEL IS IN THE REACTOR,  IS  STORED  IN  SPENT
 FUEL  POOLS,  IS  IN DRY STORAGE CONTAINERS, OR IS IN ANY TRANSIT EQUIP-
 MENT.
   L. "SPENT FUEL MANAGEMENT" SHALL  MEAN  ALL  ACTIVITIES  PERFORMED  TO
 MANAGE  INVENTORIES  OF  SPENT  NUCLEAR FUEL AND/OR GREATER THAN CLASS C
 WASTE ("GTCC") AT THE RETIRING FACILITY FOLLOWING PERMANENT CESSATION OF
 OPERATION OF THE REACTOR UNTIL THE TITLE AND  POSSESSION  OF  THE  SPENT
 NUCLEAR FUEL AND GREATER THAN CLASS C WASTE IS TRANSFERRED TO THE SECRE-
 TARY OF ENERGY, INCLUDING THE TRANSFER OF SPENT NUCLEAR FUEL FROM ONSITE
 DRY  STORAGE  TO  ANY  OFFSITE STORAGE AREA, WHETHER OR NOT SUCH AREA IS
 OWNED BY THE LICENSEE AT SUCH TIME AND/OR IS APPROVED  BY  THE  NRC  FOR
 INTERIM OR PERMANENT NUCLEAR WASTE STORAGE.
   M. "COMMUNITY MEMBER" SHALL MEAN ANY INDIVIDUAL RESIDING IN THIS STATE
 WITHIN FIFTY MILES OF THE RETIRING FACILITY.
   2.  CREATION  OF  NEW  YORK  STATE  DECOMMISSIONING OVERSIGHT BOARD OR
 BOARDS (EACH A "NYSDOB" OR "BOARD").
   A. A NEW YORK STATE DECOMMISSIONING OVERSIGHT BOARD  SHALL  BE  ESTAB-
 LISHED  FOR A STATE RETIRING FACILITY WITHIN ONE MONTH AFTER THE FACILI-
 TY'S FUTURE CLOSURE IS NOTICED TO THE NUCLEAR REGULATORY COMMISSION  AND
 IT  SHALL EXTEND UNTIL: (I) THE FACILITY'S ENTIRE DECOMMISSIONING PERIOD
 IS COMPLETED; (II) ALL SITE RESTORATION IS COMPLETED  AND  THE  SITE  IS
 RELEASED  BY ALL GOVERNMENTAL AUTHORITIES FOR REUSE; AND (III) ALL SPENT
 NUCLEAR FUEL HAS BEEN REMOVED FROM THE SITE. FOR ANY  RETIRING  FACILITY
 THAT  HAS  ALREADY  NOTIFIED  THE  NUCLEAR  REGULATORY COMMISSION OF ITS
 CLOSURE AT THE TIME OF ENACTMENT OF THIS LAW, A NYSDOB SHALL  BE  ESTAB-
 LISHED AS EXPEDITIOUSLY AS POSSIBLE.
   B. THE BOARD SHALL COORDINATE THE EFFORTS OF STATE AGENCIES' OVERSIGHT
 OF  THE DECOMMISSIONING ACTIVITIES TO ENSURE THE RETIRING FACILITY IS IN
 COMPLIANCE WITH ALL STATE AND FEDERAL REGULATIONS AND MAKE  REPORTS  AND
 RECOMMENDATIONS TO STATE AND FEDERAL OFFICIALS, AS NEEDED. ADDITIONALLY,
 THE  BOARD  SHALL  SUPERVISE THE DISBURSEMENT OF THE RETIRING FACILITY'S
 DECOMMISSIONING TRUST FUND, FACILITATE PUBLIC INVOLVEMENT AND  TRANSPAR-
 ENCY  THROUGHOUT  THE  DECOMMISSIONING  PROCESS,  ACT AS A FORUM TO BOTH
 DISSEMINATE INFORMATION AND SOLICIT INPUT FROM THE PUBLIC, AND SUPERVISE
 ANY OTHER ASPECTS OF DECOMMISSIONING ACTIVITIES, SPENT FUEL  MANAGEMENT,
 AND SITE RESTORATION, TO THE FULL EXTENT ALLOWED BY LAW.
   C.  ELEVEN  MEMBERS COLLECTIVELY KNOWN AS "AGENCY MEMBERS" SHALL SERVE
 ON THE BOARD AND WILL CONSIST OF: THE CHIEF  EXECUTIVE  OFFICER  OF  THE
 DEPARTMENT,  THE  SECRETARY  OF STATE, THE COMMISSIONER OF ENVIRONMENTAL
 CONSERVATION, THE COMMISSIONER OF HEALTH, THE DIRECTOR OF THE OFFICE  OF
 EMERGENCY  MANAGEMENT,  THE STATE COMPTROLLER, THE ATTORNEY GENERAL, THE
 PRESIDENT AND CHIEF EXECUTIVE OFFICER  OF  THE  NEW  YORK  STATE  ENERGY

 A. 10236                            3
 
 RESEARCH AND DEVELOPMENT AUTHORITY, THE COMMISSIONER OF LABOR, THE PRES-
 IDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF
 NEW  YORK, AND THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES, OR THEIR DESIGNEES.
   D.  THE  GOVERNOR  SHALL  APPOINT  SEVEN  TO  TEN  MEMBERS ("APPOINTED
 MEMBERS"). THE GOVERNOR MAY CONSIDER AND GIVE PREFERENCE TO THE  FOLLOW-
 ING INDIVIDUALS IN ORDER TO PROVIDE REPRESENTATION TO A DIVERSE RANGE OF
 IMPACTED CONSTITUENTS:
   (I) COMMUNITY MEMBERS WHO HAVE DEMONSTRATED ACTIVE ENGAGEMENT AND HAVE
 EXPERIENCE RESEARCHING AND ADVOCATING ABOUT ISSUES RELATED TO THE FACIL-
 ITY;
   (II) INDIVIDUALS REPRESENTING LABOR UNIONS WHOSE MEMBERS WERE EMPLOYED
 AT  THE  APPLICABLE  FACILITY AS OF THE BEGINNING OF THE DECOMMISSIONING
 PERIOD;
   (III)  INDIVIDUALS  REPRESENTING  INTERESTED  REGIONAL   ENVIRONMENTAL
 ORGANIZATIONS,  ESPECIALLY  THOSE  THAT HAVE BEEN ENGAGED IN RESEARCHING
 AND ADVOCATING TO ADDRESS THE DIFFERENTIAL EFFECTS ON  ANY  ECONOMICALLY
 DISADVANTAGED  AND ENVIRONMENTAL JUSTICE COMMUNITIES ASSOCIATED WITH THE
 FACILITY;
   (IV) INDIVIDUALS WITH SCIENTIFIC OR TECHNICAL BACKGROUND  RELEVANT  TO
 NUCLEAR POWER PLANT DECOMMISSIONING OR ENGINEERING;
   (V) INDIVIDUALS ENGAGED IN LOCAL OR REGIONAL EMERGENCY PLANNING; AND
   (VI) LOCAL AND/OR REGIONAL ELECTED OFFICIALS.
   E. THERE ARE NO TERM LIMITS FOR THE AGENCY MEMBERS, WHO SHALL SERVE AS
 EX  OFFICIO  MEMBERS. IN ORDER TO HELP PRESERVE CONTINUITY AND ORGANIZA-
 TIONAL MEMORY, APPOINTED MEMBERS SHALL SERVE STAGGERED  TERMS  OF  THREE
 YEARS.  IF  ANY  APPOINTED  MEMBER POSITION BECOMES VACANT, THE GOVERNOR
 SHALL APPOINT ANOTHER MEMBER TO FILL THE UNEXPIRED  TERM  WITHIN  NINETY
 DAYS  OF THE DATE OF THE VACANCY. AFTER TWO TERMS, EACH APPOINTED MEMBER
 SHALL CYCLE OFF AND BE REPLACED BY ANOTHER APPOINTEE;  FORMER  APPOINTED
 MEMBERS MAY RETURN AFTER A BREAK OF AT LEAST ONE YEAR.
   F.  NO  PERSON  WHO HOLDS ANY RELATIONSHIP TO OR FINANCIAL INTEREST IN
 ANY COMPANY WITH AN OWNERSHIP OR OTHER FINANCIAL INTEREST IN  ANY  STATE
 NUCLEAR  PLANT,  INCLUDING  RELATED  OR  PARENT COMPANIES, SUBSIDIARIES,
 CONTRACTORS, AGENTS, SHAREHOLDERS,  OR  OTHERS  (AS  DETERMINED  BY  THE
 STATE) MAY BE APPOINTED TO THE BOARD.
   G.  THE  BOARD  SHALL  SELECT A VICE CHAIR FROM AMONG ITS MEMBERS. THE
 CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT SHALL SERVE AS THE CHAIR.  THE
 INITIAL  TERM  FOR  THE  FIRST  VICE CHAIR SHALL BE ONE YEAR. SUBSEQUENT
 TERMS SHALL BE FOR TWO YEARS. IN THE  EVENT  OF  THE  UNAVAILABILITY  OR
 INCAPACITY  OF  THE CHAIR, THE VICE CHAIR SHALL ASSUME THE DUTIES OF THE
 CHAIR.
   3. BOARD MEETINGS. THE BOARD SHALL MEET A MINIMUM OF FOUR  TIMES  EACH
 YEAR AT THE CALL OF THE CHAIR FOR THE PURPOSE OF MONITORING AND DISCUSS-
 ING  THE  DECOMMISSIONING  TRUST  FUND;  DECOMMISSIONING ACTIVITIES; THE
 MANAGEMENT OF NUCLEAR WASTE; THE INITIAL OR REVISED POST-SHUTDOWN DECOM-
 MISSIONING ACTIVITIES REPORT; ANY LICENSE AMENDMENT REQUEST OR REQUESTS;
 ENVIRONMENTAL  REMEDIATION;  AND  ANY  OTHER  MODIFICATIONS,  AMENDMENTS
 AND/OR  EXEMPTIONS  RELATING  TO THE RETIRING FACILITY, ITS RESPONSIBIL-
 ITIES, AND/OR THE DECOMMISSIONING PROCESS.  HOWEVER, ONCE  DECOMMISSION-
 ING  ACTIVITIES ARE COMPLETE THE BOARD MAY REDUCE THE NUMBER OF MEETINGS
 TO A MINIMUM OF ONCE PER YEAR.
   A. THE CHAIR SHALL PROVIDE NOTICE TO ALL MEMBERS AND TO THE PUBLIC  AT
 LEAST TWO WEEKS PRIOR TO ANY REGULAR MEETING.
   B.  MEETINGS SHALL BE HELD IN ALBANY OR AT A LOCATION THAT IS ACCESSI-
 BLE TO COMMUNITY MEMBERS, AND PROXIMATE TO AN APPLICABLE FACILITY.

 A. 10236                            4
 
   C. IN RESPONSE TO A SITUATION IN WHICH THE PHYSICAL INTEGRITY  OF  THE
 FACILITY  AND/OR  NUCLEAR WASTE STORAGE MAY HAVE BEEN COMPROMISED AND/OR
 DAMAGED, AN EMERGENCY MEETING MAY BE CALLED BY ANY MEMBER OF  THE  BOARD
 WITH AT LEAST TWENTY-FOUR HOURS NOTICE.
   D. A MAJORITY OF THE MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
   E.  THE  BOARD  SHALL  ACT ONLY BY A VOTE OF A MAJORITY OF THE MEMBERS
 ATTENDING AND ONLY AT MEETINGS CALLED AS HEREIN PROVIDED.
   F. ALL REGULAR MEETINGS SHALL BE OPEN TO THE PUBLIC AND SHALL  INCLUDE
 AN  OPPORTUNITY FOR PUBLIC COMMENT. MEETINGS SHALL BE RECORDED AND SHALL
 BE MADE AVAILABLE ELECTRONICALLY FOR PUBLIC VIEWING.
   G. DURING ANY MEETING OF THE BOARD, IT  MAY  ENTER  EXECUTIVE  SESSION
 WITH  THE AGREEMENT OF A MAJORITY OF ITS MEMBERSHIP. THE PUBLIC SHALL BE
 NOTIFIED OF ANY EXECUTIVE SESSIONS  HELD.  EXECUTIVE  SESSIONS  ARE  NOT
 INCLUDED  WITHIN  THE FOUR MANDATORY MEETINGS REQUIRED IN PARAGRAPH A OF
 SUBDIVISION FOUR OF THIS SECTION.
   4. POWERS AND DUTIES OF THE BOARD. THE BOARD SHALL HAVE THE  FOLLOWING
 POWERS AND DUTIES:
   A.  THE  BOARD'S  FUNCTIONS  SHALL BE TO: (I) ADVISE THE GOVERNOR, THE
 STATE SENATE, THE ASSEMBLY, THE AGENCIES OF THE STATE, AND THE PUBLIC ON
 ISSUES RELATED TO THE DECOMMISSIONING OF NUCLEAR  FACILITIES,  INCLUDING
 BUT NOT LIMITED TO:  SHORT-TERM AND LONG-TERM RADIOACTIVE WASTE STORAGE;
 SITE  RESTORATION  AND  FUTURE USE OF THE SITE; MAINTENANCE OF EMERGENCY
 PLANNING AND RESPONSE FUNDS BEFORE, DURING, AND  AFTER  DECOMMISSIONING;
 AND  PLANS  FOR ONGOING OVERSIGHT OR ROLLING STEWARDSHIP OF THE FACILITY
 FOR AS LONG AS SPENT FUEL OR GREATER THAN CLASS C WASTE  REMAIN  AT  THE
 SITE; AND (II) ENSURE ALL LICENSEE REQUIREMENTS ARE FULFILLED.
   B. THE BOARD SHALL PRODUCE AN ANNUAL REPORT TO ADVISE THE GOVERNOR AND
 LEGISLATURE OF THE STATUS OF DECOMMISSIONING; EFFECTS ON THE SURROUNDING
 COMMUNITIES;  AND  ANY RECOMMENDATIONS FOR STATE ACTION IN REGARD TO ANY
 POST-SHUTDOWN  DECOMMISSIONING  ACTIVITIES  REPORT,  LICENSE   AMENDMENT
 REQUEST OR REQUESTS, REGULATORY EXEMPTION REQUEST AND/OR OTHER MODIFICA-
 TION  OR  AMENDMENT  RELATING  TO  THE RETIRING FACILITY. IT MAY PRODUCE
 ADDITIONAL REPORTS OR MEMORANDA AS IT DEEMS NECESSARY (TOGETHER WITH THE
 ANNUAL REPORT, THE "REPORTS").
   C. WHEN A POST-SHUTDOWN DECOMMISSIONING  ACTIVITIES  REPORT  OR  OTHER
 DECOMMISSIONING  PLAN  FOR  THE RETIRING FACILITY IS PRODUCED, THE BOARD
 SHALL:
   (I) REVIEW THE DECOMMISSIONING PLANS AND/OR THE  POST-SHUTDOWN  DECOM-
 MISSIONING ACTIVITIES REPORT;
   (II)  ALERT THE PUBLIC TO SUCH ACTION AND PROVIDE PUBLIC ACCESS TO THE
 PLANS AND/OR POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT;
   (III) SOLICIT AND PROVIDE A FORUM FOR PUBLIC  COMMENT  ON  SUCH  PLANS
 AND/OR POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT;
   (IV)  DEVELOP RECOMMENDATIONS REGARDING THE PROPOSED PLAN AND/OR POST-
 SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT, INCORPORATING INPUT FROM THE
 PUBLIC AS APPROPRIATE;
   (V) COMPILE COMMENTS INCORPORATING  THE  BOARD'S  RECOMMENDATIONS  AND
 PUBLIC COMMENT;
   (VI)  SUBMIT SUCH COMMENTS TO THE NUCLEAR REGULATORY COMMISSION DURING
 THE APPLICABLE COMMENT PERIOD, AS NECESSARY, AND PROVIDE A COPY  OF  THE
 COMMENTS  TO  THE  GOVERNOR, THE LEGISLATURE, APPLICABLE STATE AGENCIES,
 AND THE PUBLIC.
   D. WHEN ANY APPLICATION IS MADE TO THE NUCLEAR  REGULATORY  COMMISSION
 TO  TRANSFER  OR MODIFY THE FACILITY'S COMMERCIAL POWER REACTOR LICENSE,
 INCLUDING, BUT NOT LIMITED TO, LICENSE AMENDMENT REQUEST OR REQUESTS  OR
 LICENSE TERMINATION OR TRANSFER PLANS, OR WHEN AN APPLICATION IS MADE TO

 A. 10236                            5

 THE  NUCLEAR  REGULATORY  COMMISSION  FOR  ANY  OTHER  PERMIT OR PERMITS
 RELATED TO THE SITE, SUCH AS, BUT NOT LIMITED TO, EXEMPTIONS FROM FEDER-
 AL REGULATIONS AND/OR THE ESTABLISHMENT OR TRANSFER  OF  AN  INDEPENDENT
 SPENT FUEL STORAGE INSTALLATION, THE BOARD SHALL:
   (I) REVIEW SUCH APPLICATIONS;
   (II)  ALERT  THE PUBLIC TO SUCH APPLICATIONS AND PROVIDE PUBLIC ACCESS
 TO THE APPLICATION MATERIALS;
   (III) SOLICIT AND PROVIDE A FORUM FOR PUBLIC COMMENT ON SUCH PLANS;
   (IV) DEVELOP  RECOMMENDATIONS  REGARDING  THE  PROPOSED  APPLICATIONS,
 INCORPORATING INPUT FROM THE PUBLIC AS APPROPRIATE;
   (V)  COMPILE  COMMENTS  INCORPORATING  THE BOARD'S RECOMMENDATIONS AND
 PUBLIC COMMENT;
   (VI) SUBMIT SUCH COMMENTS TO THE NUCLEAR REGULATORY COMMISSION  DURING
 THE  APPLICABLE  COMMENT PERIOD, AS NECESSARY, AND PROVIDE A COPY OF THE
 REPORT TO THE GOVERNOR, THE STATE LEGISLATURE,  APPLICABLE  STATE  AGEN-
 CIES, AND THE PUBLIC.
   E.  WHEN  ANY  STATE AGENCY IS DEVELOPING A PLAN OR REVIEWING A PERMIT
 APPLICATION RELATED TO A RETIRING FACILITY, IT SHALL INFORM  THE  BOARD.
 THE  BOARD  MAY,  AS IT DEEMS APPROPRIATE, REVIEW SUCH PLANS OR PERMITS,
 SOLICIT PUBLIC COMMENT, AND PRODUCE COMMENTS OR RECOMMENDATIONS  TO  THE
 STATE AGENCY.
   F.  THE  BOARD SHALL PERIODICALLY REVIEW REPORTS, INCLUDING THE ANNUAL
 AUDITED FINANCIAL STATEMENTS, ON  THE  DECOMMISSIONING  TRUST  FUND  AND
 OTHER  FUNDS  ASSOCIATED  WITH DECOMMISSIONING OF OR SITE RESTORATION AT
 THE FACILITY, INCLUDING FUND BALANCES, EXPENDITURES MADE, AND REIMBURSE-
 MENTS RECEIVED TO ENSURE THAT SUCH FUNDS  ARE  SPENT  ACCORDING  TO  ALL
 APPLICABLE LAWS AND THAT NO SHORTFALLS ARE ANTICIPATED THAT MIGHT AFFECT
 STATE, REGIONAL, OR LOCAL GOVERNMENTS. IT SHALL ADVISE THE GOVERNOR, THE
 LEGISLATURE, AND THE NUCLEAR REGULATORY COMMISSION OF ANY CONCERNS.
   5.  LICENSEE REQUIREMENTS. THE LICENSEE SHALL COMPLETE DECOMMISSIONING
 ACTIVITIES AT THE FACILITY WITHIN FORTY YEARS OF RETIREMENT SO THAT  THE
 SITE CAN BE RETURNED TO PRODUCTIVE USE.
   A.  THE  LICENSEE SHALL PROVIDE THE FOLLOWING INFORMATION TO THE BOARD
 AND THE LEGISLATURE WITHIN THE SPECIFIED TIMEFRAMES:
   (I) AS SOON AS POSSIBLE, BUT NO LATER THAN ONE WEEK FROM  TRANSMISSION
 OR RECEIPT BY THE LICENSEE: A COPY OF ANY WRITTEN COMMUNICATIONS AND ANY
 TRANSCRIPTS OF VERBAL COMMUNICATIONS BETWEEN THE LICENSEE AND THE NUCLE-
 AR REGULATORY COMMISSION REGARDING:
   (1) THE POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT FOR THE RETIR-
 ING FACILITY,
   (2) CLEANUP OF THE EXISTING RADIOACTIVE CONTAMINATION ON THE SITE,
   (3) THE ESTABLISHMENT OF OR MODIFICATIONS TO AN INDEPENDENT SPENT FUEL
 STORAGE INSTALLATION ON THE SITE OR IN ANY OTHER LOCATION,
   (4)  A  PROPOSED  LICENSE  TRANSFER  OR MODIFICATION FOR THE FACILITY,
 AND/OR FOR THE STORAGE OF SPENT FUEL AT THE FACILITY.
   (II) WITHIN A WEEK  OF  THEIR  COMPLETION:  ANNUAL  AUDITED  FINANCIAL
 STATEMENTS,  PREPARED  IN  COMPLIANCE  WITH  GENERALLY ACCEPTED AUDITING
 STANDARDS ADOPTED BY THE PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD,  FOR
 THE  FUNDS  HELD  IN  THE  DECOMMISSIONING  TRUST  FUND OF THE FACILITY,
 INCLUDING AN INDEPENDENT ANALYSIS OF WHETHER  THE  EXPENDITURES  IN  THE
 FINANCIAL  YEAR  COVERED WERE CONSISTENT WITH NUCLEAR REGULATORY COMMIS-
 SION REGULATORY REQUIREMENTS.
   (III) WITHIN TWO WEEKS OF THE COMMUNICATION OF A  REQUEST:  ANY  OTHER
 INFORMATION  REQUESTED  BY  THE  BOARD  THAT IS IN THE POSSESSION OF THE
 LICENSEE AND RELATES TO SITE REUSE; THE DECOMMISSIONING TRUST FUND;  THE

 A. 10236                            6

 RELEVANT ECONOMIC INTERESTS OF THE STATE OR MUNICIPALITIES; OR IS OTHER-
 WISE REASONABLY REQUIRED TO ALLOW THE BOARD TO COMPLETE ITS DUTIES.
   B.  THE  LICENSEE SHALL NOT USE DECOMMISSIONING TRUST FUNDS EXCEPT FOR
 LEGITIMATE DECOMMISSIONING ACTIVITIES AS DEFINED ON THE DATE OF ADOPTION
 OF THIS LEGISLATION. AS A FUNDAMENTAL  PRECEPT,  DECOMMISSIONING  ACTIV-
 ITIES  DO  NOT  INCLUDE  THE REMOVAL, STORAGE, MANAGEMENT OR DISPOSAL OF
 SPENT NUCLEAR FUEL, LEGAL EXPENSES, ACCOUNTING EXPENSES,  OR  ANY  OTHER
 COSTS  BEYOND  WHAT  IS  NECESSARY  TO  TERMINATE THE NUCLEAR REGULATORY
 COMMISSION LICENSE.
   6. REMAINING FUNDS. ANY FUNDS REMAINING IN THE  DECOMMISSIONING  TRUST
 FUND AT THE END OF THE DECOMMISSIONING PERIOD SHALL REVERT TO NYSERDA TO
 BE SPENT ON RENEWABLE ENERGY PROJECTS TO BENEFIT THE SERVICE AREAS WITH-
 IN WHICH RATEPAYERS CONTRIBUTED TO THE DECOMMISSIONING TRUST FUND.
   7.  BOARD MEMBERS' EXPENSES. BOARD MEMBERS SHALL RECEIVE NO SALARY FOR
 CARRYING OUT THE RESPONSIBILITIES PURSUANT TO THIS SECTION, BUT SHALL BE
 COMPENSATED FOR REASONABLE TRAVEL EXPENSES EXCEEDING TWO HUNDRED MILES.
   8. ADMINISTRATION OF THE BOARD. A. THE DEPARTMENT SHALL PROVIDE ADMIN-
 ISTRATIVE SUPPORT INCLUDING SCHEDULING  MEETINGS  AND  SECURING  MEETING
 LOCATIONS;   PROVIDING   NOTICE   OF  MEETINGS;  PRODUCING  MINUTES  AND
 RECORDINGS OF MEETINGS; ASSISTING IN THE COMPILATION AND  PRODUCTION  OF
 THE  BOARD'S  ANNUAL  REPORT;  HOSTING  A  PUBLIC WEBSITE FOR THE BOARD;
 CONTRACTING FOR SERVICES AS REQUESTED BY  VOTE  OF  A  MAJORITY  OF  THE
 BOARD;  AND  PROVIDING  FOR MATERIALS AND OTHER REASONABLE AND NECESSARY
 EXPENSES OF THE BOARD AS THE CHAIR OF THE DEPARTMENT MAY FIND  APPROPRI-
 ATE.
   B. TO SUPPORT THE DELIBERATIONS OF THE BOARD, THE CHAIR OF THE DEPART-
 MENT SHALL, UPON A VOTE OF THE BOARD, CONTRACT FOR THE SERVICES OF TECH-
 NICAL  OR  OTHER  CONSULTANTS  TO  PRODUCE, COMPILE, AND/OR ANALYZE DATA
 RELATING TO THE FACILITY AND TO ADVISE THE BOARD.
   9. ENFORCEMENT. WHENEVER, ON THE BASIS OF ANY INFORMATION AVAILABLE TO
 THEM, THE BOARD OR THE ATTORNEY GENERAL FINDS  THAT  A  LICENSEE  IS  IN
 VIOLATION  OF ANY OF THE REQUIREMENTS LISTED IN SUBDIVISION FIVE OF THIS
 SECTION HE OR SHE SHALL ISSUE AN ORDER REQUIRING THE LICENSEE TO  COMPLY
 OR BRING CIVIL ACTION TO ENSURE COMPLIANCE.
   10.  SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS LAW OR ITS APPLICA-
 TION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS  LAW  WHICH  CAN  BE
 GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
 END THE PROVISIONS OF THIS LAW ARE SEVERABLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10236--A
 
                           I N  A S S E M B L Y
 
                              March 27, 2020
                                ___________
 
 Introduced  by  M.  of  A.  GALEF,  BUCHWALD, SEAWRIGHT, HUNTER, COLTON,
   ABINANTI, THIELE, DINOWITZ, JAFFEE, CARROLL, FAHY, GOTTFRIED, McMAHON,
   CAHILL, MOSLEY, MONTESANO, B. MILLER -- read once and referred to  the
   Committee  on  Energy  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public service law, in  relation  to  providing  for
   decommissioning  oversight boards for nuclear power plants in New York
   state
 
   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 section
 174 to read as follows:
   § 174. NEW YORK STATE DECOMMISSIONING  OVERSIGHT  BOARDS.  1.    DEFI-
 NITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "RETIREMENT"  MEANS THE PERMANENT CLOSURE OF A NUCLEAR POWER PLANT
 IN THE STATE THAT HAS BEEN NOTICED TO THE NUCLEAR REGULATORY  COMMISSION
 ("NRC").
   B.  "RETIRING  FACILITY"  OR "FACILITY" MEANS A NUCLEAR POWER PLANT IN
 THE STATE WHOSE PERMANENT CLOSURE HAS BEEN NOTICED TO THE NUCLEAR  REGU-
 LATORY COMMISSION.
   C.  "DECOMMISSIONING PERIOD" MEANS THE TIME COMMENCING FROM THE RETIR-
 ING FACILITY'S NOTICE TO THE NUCLEAR REGULATORY COMMISSION OF THE INTENT
 TO CLOSE PERMANENTLY UNTIL THE PROPERTY HAS BEEN RELEASED FOR REUSE  AND
 ALL SPENT NUCLEAR FUEL HAS BEEN REMOVED FROM THE SITE.
   D.  "REUSE" MEANS THE UNRESTRICTED USE OF THE SITE SUBJECT TO APPLICA-
 BLE NUCLEAR REGULATORY COMMISSION REGULATIONS, AND FEDERAL,  STATE,  AND
 LOCAL LAWS.
   E.  "DECOMMISSIONING  ACTIVITIES"  MEANS  ACTIVITIES  AT  THE RETIRING
 FACILITY TO REDUCE  RESIDUAL  RADIOACTIVITY  TO  A  LEVEL  THAT  PERMITS
 RELEASE  OF  THE  PROPERTY  FOR REUSE AND THE TERMINATION OF THE NUCLEAR
 REGULATORY COMMISSION LICENSE BUT DOES NOT INCLUDE ACTIVITIES ASSOCIATED
 WITH IRRADIATED FUEL MANAGEMENT AND SITE RESTORATION  ACTIVITIES,  LEGAL
 EXPENSES,  ACCOUNTING EXPENSES, OR ANY OTHER COSTS BEYOND WHAT IS NECES-
 SARY TO TERMINATE THE NUCLEAR REGULATORY COMMISSION LICENSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16010-06-0

 A. 10236--A                         2
 
   F. "LICENSEE" MEANS THE HOLDER OF THE  NUCLEAR  REGULATORY  COMMISSION
 LICENSE  FOR THE RETIRING FACILITY AS OF THE DATE OF ANY ACTIVITY SPECI-
 FIED HEREIN.
   G. "SITE" MEANS THE PROPERTY ON WHICH THE RETIRING FACILITY SITS.
   H.  "SITE  RESTORATION"  MEANS ALL ACTIVITIES PERFORMED TO PREPARE THE
 SITE FOR REUSE.
   I. "DECOMMISSIONING TRUST FUND" MEANS THE FUNDS  ACCUMULATED  PURSUANT
 TO  NUCLEAR REGULATORY COMMISSION REGULATIONS FOR THE DECOMMISSIONING OF
 THE RETIRING FACILITY, FROM ANY SOURCE, INCLUDING ANY INTEREST  RECEIVED
 THEREON.
   J.  "COMMENTS"  MEANS  OFFICIAL  STATEMENTS  ON  PROPOSED ACTIONS WITH
 REGARD TO THE RETIRING  FACILITY,  FILED  WITH  THE  NUCLEAR  REGULATORY
 COMMISSION  OR OTHER GOVERNMENT ENTITY ACCORDING TO ALL APPLICABLE REGU-
 LATIONS.
   K. "SPENT NUCLEAR FUEL" MEANS ANY FUEL  RODS  AND/OR  FUEL  ASSEMBLIES
 THAT  HAVE BEEN INSTALLED IN THE RETIRING FACILITY'S REACTOR CORE AT ANY
 TIME.
   L. "COMMUNITY MEMBER" MEANS ANY  INDIVIDUAL  RESIDING  IN  THIS  STATE
 WITHIN FIFTY MILES OF THE RETIRING FACILITY.
   2.  CREATION  OF  NEW  YORK  STATE  DECOMMISSIONING OVERSIGHT BOARD OR
 BOARDS (EACH A "NYSDOB" OR "BOARD").
   A. A NEW YORK STATE DECOMMISSIONING OVERSIGHT BOARD  SHALL  BE  ESTAB-
 LISHED WITHIN THE DEPARTMENT FOR A RETIRING FACILITY IN THE STATE WITHIN
 ONE MONTH AFTER THE FACILITY'S CLOSURE IS NOTICED TO THE NUCLEAR REGULA-
 TORY COMMISSION AND SHALL EXTEND UNTIL: (I) THE FACILITY'S DECOMMISSION-
 ING  PERIOD IS COMPLETED; (II) ALL SITE RESTORATION IS COMPLETED AND THE
 SITE IS RELEASED BY ALL GOVERNMENTAL AUTHORITIES FOR  REUSE;  AND  (III)
 ALL  SPENT NUCLEAR FUEL HAS BEEN REMOVED FROM THE SITE. FOR ANY RETIRING
 FACILITY THAT NOTIFIED THE NUCLEAR REGULATORY COMMISSION OF  ITS  PERMA-
 NENT  CLOSURE  IN  THE  FIVE YEARS PRIOR TO THE ENACTMENT OF THIS LAW, A
 NYSDOB SHALL BE ESTABLISHED AS EXPEDITIOUSLY AS POSSIBLE.
   B. THE BOARD SHALL HELP COORDINATE  THE  EFFORTS  OF  STATE  AGENCIES'
 OVERSIGHT  OF  THE  DECOMMISSIONING  ACTIVITIES  TO  ENSURE THE RETIRING
 FACILITY IS IN COMPLIANCE WITH ALL STATE  AND  FEDERAL  REGULATIONS  AND
 MAKE  REPORTS  AND  RECOMMENDATIONS  TO  STATE AND FEDERAL OFFICIALS, AS
 NEEDED. ADDITIONALLY, THE BOARD SHALL OBSERVE THE  DISBURSEMENT  OF  THE
 RETIRING   FACILITY'S  DECOMMISSIONING  TRUST  FUND,  FACILITATE  PUBLIC
 INVOLVEMENT AND TRANSPARENCY THROUGHOUT THE DECOMMISSIONING PERIOD,  ACT
 AS  A  FORUM  TO BOTH DISSEMINATE INFORMATION AND SOLICIT INPUT FROM THE
 PUBLIC, AND OBSERVE ANY OTHER ASPECTS OF DECOMMISSIONING ACTIVITIES, AND
 SITE RESTORATION, TO THE FULL EXTENT ALLOWED BY LAW.
   C. ELEVEN MEMBERS COLLECTIVELY KNOWN AS "AGENCY MEMBERS"  SHALL  SERVE
 ON  THE  BOARD  AND  WILL CONSIST OF: THE CHIEF EXECUTIVE OFFICER OF THE
 DEPARTMENT, THE SECRETARY OF STATE, THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION,  THE COMMISSIONER OF HEALTH, THE DIRECTOR OF THE OFFICE OF
 EMERGENCY MANAGEMENT, THE STATE COMPTROLLER, THE ATTORNEY  GENERAL,  THE
 PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY, THE COMMISSIONER OF LABOR, THE PRESIDENT AND CHIEF EXECUTIVE OFFICER
 OF THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND THE COMMISSIONER OF
 THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, OR THEIR
 DESIGNEES.
   D. THE GOVERNOR SHALL APPOINT SIX MEMBERS AND THE TEMPORARY  PRESIDENT
 OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT TWO
 MEMBERS ("APPOINTED MEMBERS"). PREFERENCE SHALL BE GIVEN TO THE  FOLLOW-
 ING INDIVIDUALS:

 A. 10236--A                         3
 
   (I) COMMUNITY MEMBERS WHO HAVE DEMONSTRATED ACTIVE ENGAGEMENT AND HAVE
 EXPERIENCE RESEARCHING AND ADVOCATING ABOUT ISSUES RELATED TO THE FACIL-
 ITY;
   (II) INDIVIDUALS REPRESENTING LABOR UNIONS WHOSE MEMBERS WERE EMPLOYED
 AT THE APPLICABLE FACILITY;
   (III) INDIVIDUALS REPRESENTING ENVIRONMENTAL ORGANIZATIONS;
   (IV)  INDIVIDUALS REPRESENTING ENVIRONMENTAL JUSTICE COMMUNITIES ASSO-
 CIATED WITH THE FACILITY;
   (V) INDIVIDUALS WITH SCIENTIFIC OR TECHNICAL  BACKGROUND  RELEVANT  TO
 NUCLEAR POWER PLANT DECOMMISSIONING OR ENGINEERING;
   (VI) INDIVIDUALS ENGAGED IN LOCAL EMERGENCY PLANNING; AND
   (VII) LOCAL ELECTED OFFICIALS.
   E. THERE ARE NO TERM LIMITS FOR THE AGENCY MEMBERS, WHO SHALL SERVE AS
 EX  OFFICIO  MEMBERS. IN ORDER TO HELP PRESERVE CONTINUITY AND ORGANIZA-
 TIONAL MEMORY, APPOINTED MEMBERS SHALL SERVE STAGGERED  TERMS  OF  THREE
 YEARS.  IF  ANY APPOINTED MEMBER POSITION BECOMES VACANT, ANOTHER MEMBER
 SHALL BE APPOINTED TO FILL THE UNEXPIRED TERM WITHIN NINETY DAYS OF  THE
 DATE  OF THE VACANCY. AFTER TWO TERMS, EACH APPOINTED MEMBER SHALL CYCLE
 OFF AND BE REPLACED BY ANOTHER APPOINTEE; FORMER APPOINTED  MEMBERS  MAY
 RETURN AFTER A BREAK OF AT LEAST ONE YEAR.
   F.  NO  PERSON  WHO HOLDS ANY RELATIONSHIP TO OR FINANCIAL INTEREST IN
 ANY COMPANY WITH AN OWNERSHIP OR OTHER FINANCIAL INTEREST IN ANY NUCLEAR
 PLANT IN THE STATE, INCLUDING RELATED OR PARENT COMPANIES, SUBSIDIARIES,
 CONTRACTORS, AGENTS, SHAREHOLDERS,  OR  OTHERS  (AS  DETERMINED  BY  THE
 STATE) MAY BE APPOINTED TO THE BOARD.
   G.  THE  BOARD  SHALL  SELECT A VICE CHAIR FROM AMONG ITS MEMBERS. THE
 CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT SHALL SERVE AS THE  CHAIR.  IN
 THE  EVENT  OF  THE  UNAVAILABILITY OR INCAPACITY OF THE CHAIR, THE VICE
 CHAIR SHALL ASSUME THE DUTIES OF THE CHAIR.
   3. BOARD MEETINGS. THE BOARD SHALL MEET A MINIMUM OF FOUR  TIMES  EACH
 YEAR AT THE CALL OF THE CHAIR.  HOWEVER, ONCE DECOMMISSIONING ACTIVITIES
 ARE COMPLETE THE BOARD MAY REDUCE THE NUMBER OF MEETINGS TO A MINIMUM OF
 ONCE PER YEAR.
   A.  THE CHAIR SHALL PROVIDE NOTICE TO ALL MEMBERS AND TO THE PUBLIC AT
 LEAST TWO WEEKS PRIOR TO ANY REGULAR MEETING.
   B. MEETINGS SHALL BE HELD IN ALBANY OR AT A LOCATION THAT IS  ACCESSI-
 BLE TO COMMUNITY MEMBERS, AND PROXIMATE TO AN APPLICABLE FACILITY.
   C.  IN  RESPONSE TO A SITUATION IN WHICH THE PHYSICAL INTEGRITY OF THE
 FACILITY AND/OR NUCLEAR WASTE STORAGE MAY HAVE BEEN  COMPROMISED  AND/OR
 DAMAGED,  AN  EMERGENCY  MEETING MAY BE CALLED WITH AT LEAST TWENTY-FOUR
 HOURS NOTICE.
   D. A MAJORITY OF THE MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
   E. THE BOARD SHALL ACT ONLY BY A VOTE OF A MAJORITY OF THE MEMBERS.
   F. ALL REGULAR MEETINGS SHALL BE OPEN TO THE PUBLIC AND SHALL  INCLUDE
 AN  OPPORTUNITY FOR PUBLIC COMMENT. MEETINGS SHALL BE RECORDED AND SHALL
 BE MADE AVAILABLE ELECTRONICALLY FOR PUBLIC VIEWING.
   G. THE BOARD SHALL BE SUBJECT TO ARTICLE SEVEN OF THE PUBLIC  OFFICERS
 LAW.
   4.  POWERS AND DUTIES OF THE BOARD. THE BOARD SHALL HAVE THE FOLLOWING
 POWERS AND DUTIES:
   A. THE BOARD'S FUNCTIONS SHALL BE TO: (I)  ADVISE  THE  GOVERNOR,  THE
 LEGISLATURE, THE AGENCIES OF THE STATE, AND THE PUBLIC ON ISSUES RELATED
 TO  THE DECOMMISSIONING OF NUCLEAR FACILITIES, INCLUDING BUT NOT LIMITED
 TO:  SHORT-TERM AND LONG-TERM RADIOACTIVE WASTE STORAGE;  SITE  RESTORA-
 TION  AND  FUTURE USE OF THE SITE; MAINTENANCE OF EMERGENCY PLANNING AND
 RESPONSE FUNDS BEFORE, DURING, AND AFTER  DECOMMISSIONING;  USE  OF  THE

 A. 10236--A                         4
 
 DECOMMISSIONING  TRUST  FUND;  AND  PLANS  FOR  ONGOING OVERSIGHT OF THE
 FACILITY FOR AS LONG AS SPENT FUEL OR GREATER THAN CLASS C WASTE  REMAIN
 AT  THE  SITE;  AND  (II)  ASSESS  WHETHER ALL LICENSEE REQUIREMENTS ARE
 FULFILLED.
   B.  THE  BOARD  SHALL PRODUCE AN ANNUAL REPORT INCLUDING THE STATUS OF
 DECOMMISSIONING; EFFECTS ON THE SURROUNDING COMMUNITIES; AND ANY  RECOM-
 MENDATIONS FOR STATE ACTION IN REGARD TO ANY POST-SHUTDOWN DECOMMISSION-
 ING ACTIVITIES REPORT, LICENSE AMENDMENT REQUEST OR REQUESTS, REGULATORY
 EXEMPTION REQUEST AND/OR OTHER MODIFICATION OR AMENDMENT RELATING TO THE
 RETIRING FACILITY.
   C.  WHEN  A  POST-SHUTDOWN  DECOMMISSIONING ACTIVITIES REPORT OR OTHER
 DECOMMISSIONING PLAN FOR THE RETIRING FACILITY IS PRODUCED BY THE LICEN-
 SEE PURSUANT TO 10 CFR 50.82(A)(4), THE BOARD SHALL:
   (I) REVIEW THE DECOMMISSIONING PLANS AND/OR THE  POST-SHUTDOWN  DECOM-
 MISSIONING ACTIVITIES REPORT;
   (II)  ALERT THE PUBLIC TO SUCH ACTION AND PROVIDE PUBLIC ACCESS TO THE
 PLANS AND/OR POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT;
   (III) SOLICIT AND PROVIDE A FORUM FOR PUBLIC  COMMENT  ON  SUCH  PLANS
 AND/OR POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT;
   (IV)  DEVELOP RECOMMENDATIONS REGARDING THE PROPOSED PLAN AND/OR POST-
 SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT, INCORPORATING INPUT FROM THE
 PUBLIC AS APPROPRIATE;
   (V) COMPILE COMMENTS INCORPORATING  THE  BOARD'S  RECOMMENDATIONS  AND
 PUBLIC COMMENT;
   (VI)  SUBMIT SUCH COMMENTS TO THE NUCLEAR REGULATORY COMMISSION DURING
 THE APPLICABLE COMMENT PERIOD, AS NECESSARY, AND PROVIDE A COPY  OF  THE
 COMMENTS  TO  THE  GOVERNOR, THE LEGISLATURE, APPLICABLE STATE AGENCIES,
 AND THE PUBLIC.
   D. WHEN ANY APPLICATION IS MADE TO THE NUCLEAR  REGULATORY  COMMISSION
 TO  TRANSFER  OR MODIFY THE FACILITY'S COMMERCIAL POWER REACTOR LICENSE,
 INCLUDING, BUT NOT LIMITED TO, LICENSE AMENDMENT REQUEST OR REQUESTS  OR
 LICENSE TERMINATION OR TRANSFER PLANS, OR WHEN AN APPLICATION IS MADE TO
 THE  NUCLEAR  REGULATORY  COMMISSION  FOR  ANY  OTHER  PERMIT OR PERMITS
 RELATED TO THE SITE, SUCH AS, BUT NOT LIMITED TO, EXEMPTIONS FROM FEDER-
 AL REGULATIONS AND/OR THE ESTABLISHMENT OR TRANSFER  OF  AN  INDEPENDENT
 SPENT FUEL STORAGE INSTALLATION, THE BOARD SHALL:
   (I) REVIEW SUCH APPLICATIONS;
   (II)  ALERT  THE PUBLIC TO SUCH APPLICATIONS AND PROVIDE PUBLIC ACCESS
 TO THE APPLICATION MATERIALS;
   (III) SOLICIT AND PROVIDE A FORUM FOR PUBLIC COMMENT ON SUCH PLANS;
   (IV) DEVELOP  RECOMMENDATIONS  REGARDING  THE  PROPOSED  APPLICATIONS,
 INCORPORATING INPUT FROM THE PUBLIC AS APPROPRIATE;
   (V)  COMPILE  COMMENTS  INCORPORATING  THE BOARD'S RECOMMENDATIONS AND
 PUBLIC COMMENT;
   (VI) SUBMIT SUCH COMMENTS TO THE NUCLEAR REGULATORY COMMISSION  DURING
 THE  APPLICABLE  COMMENT PERIOD, AS NECESSARY, AND PROVIDE A COPY OF THE
 REPORT TO THE GOVERNOR, THE STATE LEGISLATURE,  APPLICABLE  STATE  AGEN-
 CIES, AND THE PUBLIC.
   E.  THE  BOARD  MAY,  AS IT DEEMS APPROPRIATE, REVIEW PLANS OR PERMITS
 MADE AVAILABLE TO IT BY A STATE  AGENCY,  SOLICIT  PUBLIC  COMMENT,  AND
 PRODUCE COMMENTS OR RECOMMENDATIONS TO THE STATE AGENCY.
   F.  THE  BOARD SHALL PERIODICALLY REVIEW REPORTS, INCLUDING THE ANNUAL
 AUDITED FINANCIAL STATEMENTS, ON  THE  DECOMMISSIONING  TRUST  FUND  AND
 OTHER  FUNDS  ASSOCIATED  WITH DECOMMISSIONING OF OR SITE RESTORATION AT
 THE FACILITY, INCLUDING FUND BALANCES, EXPENDITURES MADE, AND REIMBURSE-
 MENTS RECEIVED TO ENSURE THAT SUCH FUNDS  ARE  SPENT  ACCORDING  TO  ALL

 A. 10236--A                         5
 
 APPLICABLE LAWS AND THAT NO SHORTFALLS ARE ANTICIPATED THAT MIGHT AFFECT
 STATE OR LOCAL GOVERNMENTS.
   5. LICENSEE REQUIREMENTS.
   A.  THE  LICENSEE SHALL PROVIDE THE FOLLOWING INFORMATION TO THE BOARD
 AS SOON AS POSSIBLE:
   (I) A COPY OF ANY COMMUNICATIONS BETWEEN THE LICENSEE AND THE  NUCLEAR
 REGULATORY COMMISSION REGARDING:
   (1) THE POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT FOR THE RETIR-
 ING FACILITY,
   (2)  STATUS REPORTS ON THE CLEANUP OF THE EXISTING RADIOACTIVE CONTAM-
 INATION ON THE SITE,
   (3) THE ESTABLISHMENT  OF  OR  MODIFICATIONS  TO  SPENT  FUEL  STORAGE
 INSTALLATION ON THE SITE OF THE RETIRING FACILITY,
   (4)  A  PROPOSED  LICENSE  TRANSFER  OR MODIFICATION FOR THE FACILITY,
 AND/OR FOR THE STORAGE OF SPENT FUEL AT THE FACILITY.
   (II) ANNUAL AUDITED FINANCIAL STATEMENTS, PREPARED IN COMPLIANCE  WITH
 GENERALLY  ACCEPTED  AUDITING  STANDARDS  ADOPTED  BY THE PUBLIC COMPANY
 ACCOUNTING OVERSIGHT BOARD, FOR THE FUNDS HELD  IN  THE  DECOMMISSIONING
 TRUST FUND OF THE FACILITY, INCLUDING AN INDEPENDENT ANALYSIS OF WHETHER
 THE  EXPENDITURES  IN  THE  FINANCIAL  YEAR COVERED WERE CONSISTENT WITH
 NUCLEAR REGULATORY COMMISSION REGULATORY REQUIREMENTS.
   (III) INFORMATION REQUESTED BY THE BOARD THAT IS IN THE POSSESSION  OF
 THE  LICENSEE AND RELATES TO SITE REUSE; THE DECOMMISSIONING TRUST FUND;
 THE RELEVANT ECONOMIC INTERESTS OF THE STATE OR  MUNICIPALITIES;  OR  IS
 OTHERWISE REASONABLY REQUIRED TO ALLOW THE BOARD TO COMPLETE ITS DUTIES.
   B.  THE  LICENSEE SHALL NOT USE DECOMMISSIONING TRUST FUNDS EXCEPT FOR
 DECOMMISSIONING ACTIVITIES AS DEFINED ON  THE  EFFECTIVE  DATE  OF  THIS
 SECTION AND CONSISTENT WITH FEDERAL LAW.
   6.  REMAINING  FUNDS. ANY FUNDS REMAINING IN THE DECOMMISSIONING TRUST
 FUND AT THE END OF THE DECOMMISSIONING PERIOD SHALL REVERT TO NYSERDA TO
 BE SPENT ON RENEWABLE ENERGY SYSTEMS, AS DEFINED IN SECTION  SIXTY-SIX-P
 OF  THIS  CHAPTER,  TO BENEFIT THE SERVICE AREAS WITHIN WHICH RATEPAYERS
 CONTRIBUTED TO THE DECOMMISSIONING TRUST FUND.
   7. BOARD MEMBERS' EXPENSES.  BOARD MEMBERS SHALL  RECEIVE  NO  COMPEN-
 SATION FOR THEIR SERVICES BUT MAY BE REIMBURSED FOR ACTUAL AND NECESSARY
 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   8. ADMINISTRATION OF THE BOARD. A. THE DEPARTMENT SHALL PROVIDE ADMIN-
 ISTRATIVE SUPPORT.
   B.  THE  BOARD  MAY  CONTRACT  FOR  THE SERVICES OF TECHNICAL OR OTHER
 CONSULTANTS TO PRODUCE, COMPILE, AND/OR ANALYZE  DATA  RELATING  TO  THE
 FACILITY AND TO ADVISE THE BOARD.
   9. ENFORCEMENT. WHENEVER THE ATTORNEY GENERAL FINDS THAT A LICENSEE IS
 IN  VIOLATION  OF  ANY OF THE REQUIREMENTS LISTED IN SUBDIVISION FIVE OF
 THIS SECTION HE OR SHE MAY ISSUE AN  ORDER  REQUIRING  THE  LICENSEE  TO
 COMPLY OR BRING CIVIL ACTION TO ENSURE COMPLIANCE. THE BOARD MAY PROVIDE
 ANY RELEVANT INFORMATION TO THE ATTORNEY GENERAL.
   10.  SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS LAW OR ITS APPLICA-
 TION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS  LAW  WHICH  CAN  BE
 GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
 END THE PROVISIONS OF THIS LAW ARE SEVERABLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.