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SECTION 1854-A
Nuclear waste repository siting
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1854-a. Nuclear waste repository siting. 1. As used or referred to
in this title: a. "Repository for the terminal storage of nuclear waste"
shall mean a facility where nuclear waste is disposed of in such a way
as to be permanently isolated from the environment for the period of
time that is necessary for such wastes to become harmless, even if such
facility contains a means for retrieving such wastes. This term shall
include deep geological formations and any other disposal technology
authorized by the National Waste Terminal Storage Program, but shall not
include existing nuclear waste facilities at the Western New York
Nuclear Services Center.

b. "Nuclear waste" shall mean high level liquid radioactive wastes,
solid high level radioactive wastes, spent nuclear fuel elements, and
wastes bearing quantities of transuranic elements which are not
authorized for burial in shallow land burial areas pursuant to
regulation or license by the United States Nuclear Regulatory Commission
or the state of New York pursuant to agreement with the United States
Nuclear Regulatory Commission.

2. No repository for the terminal storage of nuclear waste as defined
in this section shall be sited, constructed, or operated within the
state, unless the legislature and the governor of the state shall be
consulted and shall concur by statute in the establishment of such
repository.

3. Prior to approval by the legislature the authority shall, upon the
request of the governor, review any proposal for a repository for the
terminal storage of nuclear waste and, in order to assist the governor
and the legislature in their determinations of need and safety, the
authority shall:

a. Conduct or cause to be conducted a complete study on all issues
involved in the establishment of a repository for the terminal storage
of nuclear waste, including but not limited to, all long and short term
health and safety aspects, the reliability of long-term isolation, the
relationship between federal and state responsibility, and the potential
state fiscal responsibility both one time and recurring.

b. Solicit and evaluate reports and recommendations from the state
energy office, department of environmental conservation, department of
public service, department of transportation, department of commerce,
department of health and any other state agencies that are deemed
appropriate.

c. Prepare and submit to the legislature an environmental impact
statement pursuant to article eight of the environmental conservation
law.

d. Determine whether the proposed technology and proposed site can be
utilized for the safe and permanent disposal of nuclear waste and will
not result in a significant environmental hazard or other threat to the
public health, safety or welfare.

e. Conduct public hearings in various parts of the state in such a way
as to insure the widest possible input from residents of the state
including but not limited to residents who live in close proximity to a
proposed site or sites.

f. Prepare a detailed estimate of the anticipated costs to construct
and operate such a repository for the terminal storage of nuclear waste,
the extent to which such costs will be borne by the state and the time
period of probable continued costs.