NY Pub Auth L § 1854-A (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9 - New York State Energy Research and Development Authority 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.