Bill Text: NY A05668 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the approval of the state legislature in a joint resolution for the construction or continued operation of nuclear electric generating facilities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-01-08 - referred to energy [A05668 Detail]
Download: New_York-2019-A05668-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5668 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, ABINANTI, JAFFEE, L. ROSENTHAL, WEPRIN, O'DONNELL, COOK -- Multi-Sponsored by -- M. of A. GLICK, THIELE -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to requiring the approval of both houses of the legislature for the construction or extended operation of nuclear electric generating facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new article 2 12 to read as follows: 3 ARTICLE 12 4 NUCLEAR ELECTRIC GENERATING FACILITIES 5 Section 250. Legislative declaration. 6 251. Construction or operation of facilities. 7 252. Public engagement process. 8 § 250. Legislative declaration. The legislature hereby declares it to 9 be the policy of the state that nuclear electric generating facilities 10 shall only be operated in the state with the explicit approval of the 11 state legislature after full, open and informed public deliberation and 12 discussion with respect to the pertinent factors, including the state's 13 need for electric power, economics and environmental impacts of storage 14 of nuclear waste pursuant to article eighteen of the energy law, and the 15 availability of alternative electric generating sources. 16 It is appropriate that the spent nuclear fuel issue be framed and 17 addressed as part of the larger societal discussion of broader economic 18 and environmental issues relating to the operation of nuclear electric 19 generating facilities, including assessments of the potential need for 20 the operation of such facilities and their economic benefits, risks and 21 costs; and in order to allow an opportunity to assess alternatives that 22 may be more cost effective or that otherwise may better promote the 23 general welfare. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09635-01-9A. 5668 2 1 The legislature declares that when the public service commission 2 addresses the issue of whether to authorize the construction or contin- 3 ued operation of a nuclear electric generating facility, it evaluates 4 the issue under the cost benefit assumptions and analyses forming the 5 basis of the current operation of such facility. 6 § 251. Construction or operation of facilities. 1. Before the commis- 7 sion authorizes the construction of a nuclear electric generating facil- 8 ity, such commission shall obtain the approval of the legislature and 9 the legislature's determination that such facility will promote the 10 general welfare, as expressed in a joint resolution duly filed with the 11 secretary of state. The commission shall provide notice to the temporary 12 president of the senate, the speaker of the assembly, the chair of the 13 senate committee on energy and telecommunications, the chair of the 14 assembly committee on energy, the minority leader of the senate and the 15 minority leader of the assembly of each application for the construction 16 of a nuclear electric generating facility. Upon submission of such 17 notice, the commission shall provide its recommendations on the proposed 18 facility and provide all relevant information relating thereto. 19 2. No nuclear electric generating facility shall be operated in this 20 state after the expiration date of any operating certificate issued by 21 the Nuclear Regulatory Commission to such facility, unless and until the 22 state legislature approves and determines that the continued operation 23 of the nuclear electric generating facility will promote the general 24 welfare, as expressed in a joint resolution duly filed with the secre- 25 tary of state. 26 § 252. Public engagement process. 1. (a) Every application for the 27 construction or continued operation of a nuclear electric generating 28 facility shall be submitted to the commission not less than four years 29 before the date the necessary legislative approval is required to take 30 effect. 31 (b) Upon receipt of an application pursuant to paragraph (a) of this 32 subdivision, the commission shall provide notice thereof to the legisla- 33 ture and thereafter shall provide all pertinent information relating 34 thereto on a continuing basis. Furthermore, the commission shall 35 provide for the conducting of such studies as shall be necessary to 36 assist the state legislature. 37 2. (a) The studies conducted by the commission shall: 38 (i) facilitate public discussion of the long-term economic and envi- 39 ronmental issues relating to the operation of the facility; 40 (ii) identify and assess the potential need for the operation of the 41 facility and its long-term economic and environmental benefits, risks 42 and costs; and 43 (iii) assess all practical alternatives to those set forth in the 44 application that may be more cost effective or that otherwise may better 45 promote the general welfare. 46 (b) The studies conducted by the commission and the public engagement 47 process shall: 48 (i) identify and collect information on, and provide analysis of long- 49 term accountability and fiscal responsibility issues, such as: 50 (A) funding plans for guardianship of nuclear waste after approval but 51 before removal of nuclear waste from the facility; 52 (B) closure obligations, dates of completion and assurance of funds to 53 secure fulfillment of those closure obligations; 54 (C) federal obligations and assurance of funds to provide for any 55 undischarged federal responsibilities;A. 5668 3 1 (D) funding for emergency management requirements and evacuation plans 2 before and after facility closure; and 3 (E) any other financial responsibility related to any periods in which 4 the facility is out of service; 5 (ii) identify and collect information on, and provide analysis of 6 long-term environmental, economic and public health issues, including 7 issues relating to dry cask storage of nuclear waste and decommissioning 8 options; and 9 (iii) identify and collect information on, and provide analysis of the 10 current economic issues, in light of the fact that the continued opera- 11 tion of the nuclear electric generating facility is to be evaluated 12 under the current cost benefit assumptions and analyses and not as an 13 extension of the cost benefit assumptions and analyses at the time the 14 facility commenced operations. 15 3. In conducting a public engagement process on any application, the 16 commission shall conduct no less than three public hearings. The hear- 17 ings shall be at separate locations within the state, in proximity to 18 the nuclear electric generating facility involved as well as in other 19 locations as determined by the commission, and each shall be noticed by 20 at least two advertisements, each occurring between one and three weeks 21 prior to the hearing, in newspapers having general circulation within 22 the municipalities in which the hearing is to be held. Copies of the 23 notices shall be provided to the legislature, the department of health, 24 the department of transportation, the attorney general and each electric 25 corporation within the state. During such public engagement process the 26 commission shall have authority to retain expert witnesses, counsel, 27 advisors, stenographic and other research assistance it may require. The 28 commission may compensate the same and allocate related costs, as well 29 as the costs of procuring the studies, to the applicant. The commission 30 shall prepare a report of the proceedings containing a discussion of the 31 principal contentions made by members of the public, analyses by any 32 expert witnesses or consultants retained by the commission, presenta- 33 tions by any state agency and by any public utility, and shall provide 34 such report to the legislature and to the public. 35 4. The legislature may conduct such proceedings it deems appropriate 36 in order to complete the fact finding and public engagement process. 37 § 2. This act shall take effect immediately.
