Assembly Bill A11689

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11689
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Morinello)
   -- read once and referred to the Committee on Environmental  Conserva-
   tion
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   radioactive waste disposal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  27-1301 of the environmental
 conservation law, as amended by section 1 of part E of chapter 1 of  the
 laws of 2003, is amended to read as follows:
   1. "Hazardous waste" means a waste which appears on the list or satis-
 fies  the  characteristics  promulgated  by the commissioner pursuant to
 section 27-0903 of this article and any substance which appears  on  the
 list  promulgated pursuant to section 37-0103 of this chapter; provided,
 however, that the term "hazardous waste" does not include:
   a. Natural gas, natural gas liquids, liquefied natural gas,  synthetic
 gas  usable for fuel, or mixtures of natural gas and such synthetic gas;
 nor
   b. The residue of emissions from the engine exhaust of a  motor  vehi-
 cle,  rolling  stock,  aircraft,  vessel,  or  pipeline  pumping station
 engine; nor
   c. [Source, byproduct, or special  nuclear  material  from  a  nuclear
 incident,  as  those terms are defined in the atomic energy act of 1954,
 if such release is subject to requirements  with  respect  to  financial
 protection  established  under  section 170 of such act (42 U.S.C. 2210)
 or, for the purpose of section 104 of  the  comprehensive  environmental
 response,  compensation  and  liability act of 1980 (42 U.S.C. 9604), or
 any other response action, any source,  byproduct,  or  special  nuclear
 material  from any processing site designated under section 102(a)(1) or
 302(a) of the Uranium Mill Tailings Radiation Control Act  of  1978  (42
 U.S.C. 7912(a)(1) or 7942(a)); nor
   d.]  Petroleum  as  defined  in section one hundred seventy-two of the
 navigation law, even if appearing on the list  promulgated  pursuant  to
 section 37-0103 of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16234-02-6
 A. 11689                            2
 
   §  2. Section 27-0903 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5.  RADIOACTIVE  WASTE.  ALL  WASTE  CONTAINING  SOURCE, BYPRODUCT, OR
 SPECIAL NUCLEAR MATERIAL AS DEFINED IN THE ATOMIC  ENERGY  ACT  OF  1954
 SHALL  BE  CONSIDERED  HAZARDOUS  WASTE, EXCEPT TO THE EXTENT THAT REGU-
 LATION AND CLEANUP OF SUCH MATERIAL IS PREEMPTED BY FEDERAL LAW.
   § 3. This act shall take effect immediately.