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A06686 Summary:

COSPNSRAbinanti, Titone, Jaffee, Rosenthal L, Weprin, O'Donnell, Cook, Hooper
MLTSPNSRGlick, Thiele
Add Art 12 250 - 252, Pub Serv L
Requires the approval of the state legislature in a joint resolution for the construction or continued operation of nuclear electric generating facilities.
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A06686 Actions:

03/15/2017referred to energy
01/03/2018referred to energy
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A06686 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 15, 2017
          WEPRIN,  O'DONNELL,  COOK,  HOOPER  --  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
     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.

        A. 6686                             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. 6686                             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.
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