2023 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.