STATE OF NEW YORK
________________________________________________________________________
10672
IN SENATE
August 3, 2026
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
radioactive waste disposal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 27-1301 of the environmental
2 conservation law, as amended by section 1 of part E of chapter 1 of the
3 laws of 2003, is amended to read as follows:
4 1. "Hazardous waste" means a waste which appears on the list or satis-
5 fies the characteristics promulgated by the commissioner pursuant to
6 section 27-0903 of this article and any substance which appears on the
7 list promulgated pursuant to section 37-0103 of this chapter; provided,
8 however, that the term "hazardous waste" does not include:
9 a. Natural gas, natural gas liquids, liquefied natural gas, synthetic
10 gas usable for fuel, or mixtures of natural gas and such synthetic gas;
11 nor
12 b. The residue of emissions from the engine exhaust of a motor vehi-
13 cle, rolling stock, aircraft, vessel, or pipeline pumping station
14 engine; nor
15 c. [Source, byproduct, or special nuclear material from a nuclear
16 incident, as those terms are defined in the atomic energy act of 1954,
17 if such release is subject to requirements with respect to financial
18 protection established under section 170 of such act (42 U.S.C. 2210)
19 or, for the purpose of section 104 of the comprehensive environmental
20 response, compensation and liability act of 1980 (42 U.S.C. 9604), or
21 any other response action, any source, byproduct, or special nuclear
22 material from any processing site designated under section 102(a)(1) or
23 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42
24 U.S.C. 7912(a)(1) or 7942(a)); nor
25 d.] Petroleum as defined in section one hundred seventy-two of the
26 navigation law, even if appearing on the list promulgated pursuant to
27 section 37-0103 of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16234-02-6
S. 10672 2
1 § 2. Section 27-0903 of the environmental conservation law is amended
2 by adding a new subdivision 5 to read as follows:
3 5. Radioactive waste. All waste containing source, byproduct, or
4 special nuclear material as defined in the atomic energy act of 1954
5 shall be considered hazardous waste, except to the extent that regu-
6 lation and cleanup of such material is preempted by federal law.
7 § 3. This act shall take effect immediately.
