S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5668
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT, ABINANTI, JAFFEE, L. ROSENTHAL,
   WEPRIN, O'DONNELL, COOK -- Multi-Sponsored  by  --  M.  of  A.  GLICK,
   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.
   §  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
 MAY  BE  MORE  COST  EFFECTIVE  OR THAT OTHERWISE MAY BETTER PROMOTE THE
 GENERAL WELFARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09635-01-9

 A. 5668                             2
 
   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.
   §  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.
   § 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;
   (C)  FEDERAL  OBLIGATIONS  AND  ASSURANCE  OF FUNDS TO PROVIDE FOR ANY
 UNDISCHARGED FEDERAL RESPONSIBILITIES;

 A. 5668                             3
 
   (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.
   § 2. This act shall take effect immediately.