NY Env Conserv L § 29-0303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 29 - Low-Level Radioactive Waste Facilities Title 3 - Commission for Siting Low-Level Radioactive Waste Disposal Facilities 29-0303 - Duties of the Commission.

* § 29-0303. Duties of the commission.   1.  The  commission  shall  immediately  commence the preparation of a siting and disposal method selection which shall, upon certification  by the department, be the site or sites and method or methods for permanent disposal facilities which shall be constructed or operated by the energy research  and development authority pursuant to section eighteen hundred fifty-four-c of the public authorities law.   2. The commission shall evaluate all reasonable  alternative  disposal methods  including but not limited to deep vertical shaft mined disposal and above ground monitored  retrievable  disposal  and  issue  a  report providing  full  documentation of its evaluation of all disposal methods it has considered, and selecting and justifying  a  tentative  preferred disposal  method  and any method-specific site selection criteria. After opportunity for review and comment by the citizen advisory committee and an independent technical and  scientific  evaluation  panel  established pursuant  to  subdivision  eleven  of this section, the commission shall issue a report and draft a  generic,  non-site  specific,  environmental impact  statement  selecting  and justifying a preferred disposal method and any related method-specific site selection criteria. The  commission shall  select  as  its  preferred  disposal  method that method which is projected best to meet applicable regulatory  criteria  and  performance objectives  and  maintain  exposure  to  the  general  public  as low as reasonably achievable, taking  into  account  engineering  and  economic feasibility  compared to other available disposal methods. The preferred disposal method and  accompanying  draft  generic  environmental  impact statement  shall  be  submitted  to the department as an application for decision. The standards and procedures by  which  the  department  shall administer  the  commission's  application  are set forth in subdivision four of section 70-0117 of this chapter  and  implementing  regulations. Consistent  with  the department's decision on preferred disposal method or methods, the commission shall proceed to select the site or sites for permanent disposal  facilities  in  accordance  with  subdivisions  five through eight of this section.   3.  The  commission shall issue a report concerning all lands excluded from consideration  for  siting  permanent  disposal  facilities,  which report  shall  include information sufficient to permit full independent review and evaluation by  the  citizen  advisory  committee  and  by  an independent  technical  and  scientific  evaluation  panel,  established pursuant to subdivision eleven of this section, of the  basis  for  such exclusion.   4.  The  commission  shall  also  make  available for full independent review and evaluation by  the  citizen  advisory  committee  and  by  an independent  technical  and  scientific  evaluation  panel,  established pursuant to subdivision eleven of this section, the  reports  and  other documents which serve as the basis for or otherwise provide its detailed explanation  or  justification for its decisions made prior to September first, nineteen hundred eighty-nine, to select or narrow  the  range  of alternatives  it  was  considering  for  sites  for  permanent  disposal facilities.   5. Upon completing the preparation of  its  site  and  final  disposal method  selection,  the  commission  shall  submit  its  application for certification of this selection by the department  pursuant  to  section 29-0105  of  this article. The commission shall simultaneously deliver a copy of its draft environmental impact statement and application to  the governor,  the  legislature,  the  chairman  of  the energy research and development authority, the citizen advisory  committee  and  the  county government of each county within which was located any portion of a site for which the commission conducted detailed characterization studies.    6.  The  site  and  disposal  method selection and the application for certification, together with  the  department's  certification  thereof, shall  be  considered  a  single action for purposes of article eight of this chapter and judicial review. The commission shall prepare  a  draft environmental   impact   statement  to  accompany  its  application  for certification, the scope of which must be approved  by  the  department. For  purposes  of  satisfying  the requirements of article eight of this chapter, the department shall be the lead agency. The  commission  shall recommend   a   site   specific   mitigation  program  as  part  of  the environmental impact statement that will serve as an additional  measure to  offset adverse economic, social, and environmental impacts and serve as a form of compensation to the affected area.   7. The commission's site and disposal method selection shall  identify a site or sites and appropriate disposal method or methods for permanent disposal  facilities.  Such  site or sites shall not include the western New York nuclear service center. The commission shall take into  account the  following  factors  in  the  selection  of  the  permanent disposal facility site or sites and disposal method or methods:   a. the nature and probability of the  impacts  on  public  health  and safety, including predictable adverse effects from:  (i)  accidents during transportation of low-level radioactive waste to such facilities;  (ii) contamination of ground or surface water by leaching  and  runoff from such facilities; and  (iii)  fires  or  explosions  from  improper  storage  or  disposal of volatile, combustible, or potentially explosive materials, if any, which may compose a portion of the low-level radioactive waste to be delivered to such facilities;   b. the nature of the probable  environmental  impacts,  including  the predictable  adverse  effects  on  the  natural environment and ecology, scenic, historic, agricultural, cultural, and recreational values, water and air quality, and wildlife;   c. the  potential  for  avoidance  or  mitigation  of  harm  from  the unanticipated  release  of  low-level  radioactive waste or contaminated materials;   d. the ability for retrieval or recovery of such waste;   e. differences in the density of population in  the  vicinity  of  the potential sites;   f.  the  adequacy  of routes and means for transportation of low-level radioactive waste to such facilities;   g. the nature of the probable  impact  of  such  facilities  on  local governmental units within which such facilities would be located; and   h.  the  comparative  economic implications, including those resulting from engineering considerations, of the  potential  site  or  sites  and disposal methods for such facilities.   8.  The  commission  shall  select  one  site for a permanent disposal facility after consideration of all relevant public health  and  safety, environmental   and   economic   factors,  provided,  however,  that  an additional site may be selected if the commission finds that the use  of an  additional  site  presents  specific advantages with respect to such factors. To the extent the commission determines that different disposal methods  are  appropriate  for   different   categories   of   low-level radioactive  waste  with differing physical or chemical characteristics, the commission may select more than one disposal method to  be  utilized at  each  particular site, specifying the particular disposal methods to be utilized at such  site  for  particular  categories  of  such  waste; provided  that  utilization of the disposal methods selected at the site selected  shall  be  capable  of   meeting   or   exceeding   applicable  requirements  of  state  and  federal  regulations.  The  site  or sites selected shall be of sufficient capacity to provide for disposal,  using the  selected  disposal  methods,  of  all  low-level  radioactive waste estimated  by  the commission to be generated in New York and to require disposal at low-level radioactive  waste  management  facilities  for  a period of at least thirty years.   9.  In  performing  its  duties,  the  commission  shall hold periodic meetings which shall be publicly noticed pursuant to  article  seven  of the public officers law.   10. Whenever the commission makes a decision to:  (i) select, or narrow the range of alternatives it is considering for, disposal methods or sites for permanent disposal facilities,  (ii)  establish the plans for pre-characterizing or characterizing, or otherwise  gathering  site-specific  data  for,  candidate   sites   for permanent disposal facilities, or  (iii)  project  the types, quantities, or activity levels of low-level radioactive wastes which might be  disposed  of  at  permanent  disposal facilities, it  shall  promptly issue a report or other document which serves as the basis  for  or  otherwise   provides   its   detailed   explanation   or justification  for  that  decision.  Such report or other document shall include information sufficient to permit  full  independent  review  and evaluation  by  the department, the citizen advisory committee and by an independent  technical  and  scientific  evaluation  panel,  established pursuant  to subdivision eleven of this section, of the nature, sources, and quality of any specific data relied upon, the nature of  assumptions made,  and  the  specific  analytical methods, procedures, or techniques employed, including modelling and calculations performed, and any  other information  and analyses upon which the commission would intend to rely in justifying its decisions to any reviewing body. The report  shall  be made  available  to  the  public  upon  request.  The  commission  shall simultaneously have published in the state register,  and  send  to  any person  who has requested to be placed on the commission's mailing list, notice of availability of that report or other document  and  provide  a copy of the report or other document to the governor, the speaker of the assembly,  the majority leader of the senate, the minority leader of the assembly, the minority  leader  of  the  senate,  the  citizen  advisory committee, and any independent technical and scientific evaluation panel established pursuant to subdivision eleven of this section.   11.  Pursuant  to  contract, the department of health shall arrange to have one or more independent panels of technical and scientific  experts review  and  evaluate  the  commission's  decision  and  report  on  its selection of a tentative preferred disposal  method  and  decisions  and report  on  lands  excluded  from  consideration  for  siting  permanent disposal facilities, issued in  accordance  with  subdivisions  two  and three  of  this section, and each other decision made and related report issued by the commission pursuant to subdivision four  or  ten  of  this section.  For  each such commission decision and report, the independent technical and scientific evaluation panel or  panels  shall  assess  the nature,  sources  and quality of any specific data the commission relied upon, the nature  of  assumptions  made,  and  the  specific  analytical methods,  procedures  or  techniques  employed,  including modelling and calculations performed, and any other information  and  analyses  relied upon  for the commission's decision. The department of health may engage more than one panel to assess a commission decision and report, in order to provide for complete coverage of those  matters  in  the  review  and evaluation  of  that  decision  and report. Upon completion of each such review  and  evaluation,  any  independent  technical   and   scientific  evaluation panel shall provide a written report containing its findings, conclusions  and recommendations to the commission, the citizen advisory committee, the department of health and the department of  environmental conservation.   12. Whenever the commission receives written comments or a report from the   citizen  advisory  committee  or  any  independent  technical  and scientific evaluation panel established pursuant to  subdivision  eleven of  this section, it shall provide a detailed written response, within a reasonable time, addressing the points made in the comments  or  report. Upon receipt of any such report the commission shall cause it to be made available  to the public upon request and submitted to the governor, the majority leader of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly. Notice  of such  report  shall be published by the commission in the state register and  sent  to  any  person  who  has  requested  to  be  placed  on  the commission's mailing list.   * NB Commission existence pursuant to § 29-0309