NY State Senate Bill 2023-S6893

Senate Bill S6893

Signed By Governor

2023-2024 Legislative Session

Relates to decommissioning nuclear power plant discharges into the Hudson River

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 18, 2023	signed chap.279 delivered to governor
Jun 20, 2023	returned to senate passed assembly
Jun 10, 2023	ordered to third reading rules cal.833 substituted for a7208
Jun 09, 2023	referred to codes delivered to assembly passed senate
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal.
May 22, 2023	1st report cal.1153
May 15, 2023	referred to environmental conservation

Votes

- Jun 9, 2023 - Floor Vote
  S6893
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
      
      The following Member(s) participated via videoconferencing: Cooney
  May 22, 2023 - Environmental Conservation Committee Vote
  S6893
  
  8
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 22, 2023
      
      aye (8)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      aye wr (2)
      
      Mannion
      
      Stec
      
      excused (1)
      
      Canzoneri-Fitzpatrick

co-Sponsors

View additional co-sponsors

2023-S6893 (ACTIVE) - Details

See Assembly Version of this Bill:: A7208
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 30 §§30-0101 & 30-0103, Art 71 §§71-2801 - 71-2805, En Con L

2023-S6893 (ACTIVE) - Summary

Provides that it shall be unlawful to discharge any radiological substance into the Hudson River in connection with the decommissioning of a nuclear power plant; provides for attorney general enforcement.

2023-S6893 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6893

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
decommissioning nuclear power plant discharges into the Hudson River

 
PURPOSE:

Relates to decommissioning nuclear power plant discharges into the
Hudson River.

 
SUMMARY OF PROVISIONS:

Section 1 establishes legislative findings and declares discharging any
radiological substance into the Hudson River in connection with the
decommissioning of a nuclear power plant unlawful to the extent not
subject to preemption by federal law.

Section 2 amends article 71 of the environmental conservation law by
adding a new title 28 to establish the applicability of this title and

setting forth civil penalties for violation of the prohibition estab-
lished in section 1 of the bill. Penalties shall be recoverable through
action brought by the Attorney General.

Section 3 provides a severability.

Section 4 states the effective date.

 
JUSTIFICATION:

The Hudson River is a monumental piece of New York's history, character,
and economic success. In 2023, private sector jobs alone in the Hudson
Valley increased by 10,500 or 1.4 percent, to 787,000.  Discharging
radiological chemicals from nuclear power plants into our most influen-
tial water source has a multitude of adverse and substantial economic
impacts on the state and its residents.

Our communities along the Hudson River are concerned with the economic
impacts on local real estate values and development that could arise as
a result of discharging nuclear waste into waters of the state during
the decommissioning process, which is no longer balanced by any economic
benefits to those communities provided during operation.  It is the duty
of New York State to preserve the economic wellbeing of our communities,
and this bill is targeted to achieve that end.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6893 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6893
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   decommissioning nuclear power plant discharges into the Hudson River

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The environmental conservation law is amended by adding  a
 new article 30 to read as follows:
                                 ARTICLE 30
   DECOMMISSIONING NUCLEAR POWER PLANT DISCHARGES INTO THE HUDSON RIVER
 SECTION 30-0101. LEGISLATIVE FINDINGS.
         30-0103. UNLAWFUL DISCHARGES.
 § 30-101. LEGISLATIVE FINDINGS.
   1.  THE  LEGISLATURE  FINDS  THAT WHILE THE ENERGY AND ECONOMIC OUTPUT
 GENERATED BY NUCLEAR POWER PLANTS ARE BENEFICIAL TO THE  STATE  AND  ITS
 RESIDENTS,  DISCHARGES  INTO  WATERS OF THE STATE OF RADIOLOGICAL AGENTS
 FROM NUCLEAR POWER PLANTS HAVE VARIOUS ADVERSE AND SUBSTANTIAL  ECONOMIC
 IMPACTS ON THE STATE AND ITS RESIDENTS.
   2.  THE  LEGISLATURE  FURTHER FINDS THAT COMMUNITIES WITH INTERESTS IN
 THE HUDSON RIVER ARE CONCERNED WITH THE ECONOMIC IMPACTS ON  LOCAL  REAL
 ESTATE  VALUES AND ECONOMIC DEVELOPMENT WITH RESPECT TO THE DISCHARGE OF
 WASTE FROM NUCLEAR POWER PLANTS INTO WATERS OF THE  STATE  DURING  PLANT
 DECOMMISSIONING,  WHICH  EFFECT  IS NO LONGER BALANCED BY COUNTERVAILING
 ECONOMIC BENEFITS OF THE PLANT  TO  THOSE  COMMUNITIES  THAT  THE  PLANT
 PROVIDED DURING OPERATION.
   3.  THE LEGISLATURE FURTHER FINDS THAT OTHER METHODS OF MANAGING WASTE
 FROM DECOMMISSIONING NUCLEAR POWER PLANTS ARE AVAILABLE  AND  WOULD  NOT
 RESULT IN THE SAME ECONOMIC IMPACTS.
   4. THE LEGISLATURE THEREFORE FINDS AND DECLARES THAT IT IS THE DUTY OF
 THE  STATE TO ACT TO PRESERVE THE ECONOMIC VITALITY OF AFFECTED COMMUNI-
 TIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11357-03-3

 S. 6893                             2
 
 § 30-0103. UNLAWFUL DISCHARGES.
   TO  THE  EXTENT NOT SUBJECT TO PREEMPTION BY FEDERAL LAW, AND NOTWITH-
 STANDING ANY OTHER STATE OR  LOCAL  LAW,  RULE,  OR  REGULATION  TO  THE
 CONTRARY,  IT  SHALL BE UNLAWFUL TO DISCHARGE ANY RADIOLOGICAL SUBSTANCE
 INTO THE HUDSON RIVER IN CONNECTION WITH THE DECOMMISSIONING OF A NUCLE-
 AR POWER PLANT.
   § 2. Article 71 of the environmental conservation law  is  amended  by
 adding a new title 28 to read as follows:
                                  TITLE 28
                         ENFORCEMENT OF ARTICLE 30
 SECTION 71-2801. APPLICABILITY OF TITLE.
         71-2803. PENALTIES.
         71-2805. ATTORNEY GENERAL ENFORCEMENT.
 § 71-2801. APPLICABILITY OF TITLE.
   IN  ADDITION TO THE PROVISIONS OF SECTIONS 71-0101 AND 71-0301 OF THIS
 ARTICLE, THE PROVISIONS  OF  THIS  TITLE  SHALL  BE  APPLICABLE  TO  THE
 ENFORCEMENT OF ARTICLE 30 OF THIS CHAPTER AND TO THIS TITLE.
 § 71-2803. PENALTIES.
   ANY  PERSON  WHO  VIOLATES  SECTION  30-0103  OF THIS CHAPTER SHALL BE
 LIABLE FOR A CIVIL PENALTY NOT  TO  EXCEED  THIRTY-SEVEN  THOUSAND  FIVE
 HUNDRED DOLLARS FOR THE FIRST DAY OF THE VIOLATION, NOT TO EXCEED SEVEN-
 TY-FIVE THOUSAND DOLLARS FOR THE SECOND DAY OF THE VIOLATION, AND NOT TO
 EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS PER VIOLATION THEREAFTER.  FOR
 PURPOSES  OF THIS SECTION, EACH DAY IN WHICH A VIOLATION OCCURS SHALL BE
 CONSIDERED A SEPARATE VIOLATION.
 § 71-2805. ATTORNEY GENERAL ENFORCEMENT.
   THE PENALTIES PROVIDED BY SECTION  71-2803  OF  THIS  TITLE  SHALL  BE
 RECOVERABLE IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL.
   §  3.  Severability. The provisions of this act shall be severable and
 if any portion thereof or the applicability thereof  to  any  person  or
 circumstances  shall  be held invalid, the remainder of this act and the
 application thereof shall not be affected thereby.
   § 4. This act shall take effect immediately.

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