2023 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