N.Y. Public Authorities Law § 1854-a: Nuclear waste repository siting

§ 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.