S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1530

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  MORAHAN, BONACIC, DeFRANCISCO, GOLDEN, KRUEGER --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Veterans, Homeland Security and Military Affairs

AN ACT to amend the executive law, in relation to notice of emissions at
  nuclear power plants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new  section  29-f
to read as follows:
  S 29-F. EMISSIONS FROM NUCLEAR POWER PLANTS; PURPOSE, NOTICE REQUIRED,
REPORTS  AND  PENALTIES.  1.  THE  LEGISLATURE  FINDS THAT NUCLEAR POWER
PLANTS ROUTINELY RELEASE RADIOACTIVE MATERIALS TO THE ENVIRONMENT. THESE
RADIOACTIVE MATERIALS ARE GENERALLY RELEASED IN A CONTROLLED MANNER  AND
WITHIN  THE  LIMITS  ESTABLISHED BY THE UNITED STATES NUCLEAR REGULATORY
COMMISSION. SOME OF THESE RELEASES HAVE BEEN UNPLANNED, UNSCHEDULED  AND
INADVERTENT.  ON  OCCASION,  THEY EXCEED TECHNICAL SPECIFICATION LIMITS.
MOST AUTHORITIES AGREE THAT IT SHOULD BE ASSUMED THAT RADIATION  AT  ANY
DOSE LEVEL HAS A FINITE RISK. THE LEGISLATURE FINDS, THEREFORE, THAT THE
PUBLIC  WELFARE WILL BE BETTER PROTECTED IF THE PUBLIC IS FULLY INFORMED
ON ANY RELEASE OF RADIOACTIVE MATERIALS TO THE ENVIRONMENT.
  2. FOR THE PURPOSES OF THIS SECTION, "OPERATOR" SHALL MEAN THE  CORPO-
RATION,  OR  OTHER BUSINESS ENTITY, THAT OWNS OR MANAGES A NUCLEAR POWER
PLANT.
  3. THE OPERATOR OF ANY NUCLEAR POWER  PLANT  IN  THIS  STATE,  OR  ITS
DESIGNEE, SHALL MAINTAIN A TOLL-FREE TELEPHONE NUMBER FOR THE PURPOSE OF
MAKING INFORMATION RELATED TO THE EVENTS DETAILED IN SUBDIVISION FOUR OF
THIS  SECTION  AVAILABLE  TO  THE  PUBLIC. ANY SUCH OPERATOR OR DESIGNEE
SHALL ALSO PROVIDE NOTICE OF THE EVENTS DETAILED IN SUBDIVISION FOUR  OF
THIS SECTION TO:
  (A) THE PUBLIC;
  (B) THE COMMISSIONER OF HEALTH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06960-01-9
              

S. 1530                             2

  (C)  THE  CHIEF  EXECUTIVE  OFFICER OF THE COUNTY IN WHICH THE NUCLEAR
POWER PLANT IS LOCATED; AND
  (D)  THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN OR VILLAGE IN WHICH
THE NUCLEAR POWER PLANT IS LOCATED.
  4. THE NOTICE REQUIRED IN SUBDIVISION THREE OF THIS SECTION  SHALL  BE
FOR ANY OF THE FOLLOWING:
  (A)  SCHEDULED  RELEASES OF RADIOACTIVE MATERIALS AT LEAST TWENTY-FOUR
HOURS BEFORE THE RELEASE IS PLANNED TO OCCUR;
  (B) UNSCHEDULED RELEASES OF RADIOACTIVE MATERIALS, AS SOON  AS  POSSI-
BLE,  BUT  NOT  MORE  THAN  TWENTY-FOUR HOURS AFTER THE DISCOVERY OF THE
RELEASE; AND
  (C) BREAKDOWNS OR MALFUNCTIONS OF ANY  SAFETY-RELATED  EQUIPMENT  THAT
MUST  BE  REPORTED  UNDER THE UNITED STATES CODE OF FEDERAL REGULATIONS,
TITLE 10, PART 21, AS SOON AS POSSIBLE, BUT NOT  MORE  THAN  TWENTY-FOUR
HOURS AFTER THE DISCOVERY OF THE BREAKDOWN OR MALFUNCTION.
  5.  THE NOTICE REQUIRED BY THIS SECTION SHALL CONTAIN A DESCRIPTION OF
THE FOLLOWING:
  (A) THE TOTAL AMOUNT  OF  RADIOACTIVITY  RELEASED  OR  PLANNED  TO  BE
RELEASED;
  (B) THE ESTIMATED INDIVIDUAL DOSE THAT MAY OCCUR DUE TO THE EVENT;
  (C)  WEATHER CONDITIONS OR PREDICTED WEATHER CONDITIONS AT THE TIME OF
THE RELEASE OR SCHEDULED RELEASE;
  (D) THE AREA AFFECTED OR ANTICIPATED TO BE AFFECTED BY THE EVENT;
  (E) THE EQUIPMENT THAT MALFUNCTIONED, OR THE OPERATOR ERROR  OR  OTHER
CONDITION THAT CAUSED THE RELEASE; AND
  (F) CORRECTIVE ACTIONS TAKEN.
  6.    (A)  THE  INFORMATION  PROVIDED  IN  THE NOTICE REQUIRED BY THIS
SECTION SHALL BE SUBMITTED IN THE FORM OF A REPORT TO THE DEPARTMENT  OF
HEALTH.
  (B)  THE  COMMISSIONER OF HEALTH, OR HIS OR HER DESIGNEE, SHALL REVIEW
AND STUDY THE REPORTS, IF ANY, AND CONSOLIDATE THEM FOR DISTRIBUTION  TO
THE  PUBLIC  SERVICE  COMMISSION,  STATE  AGENCIES  AND PUBLIC OFFICIALS
CONCERNED WITH NUCLEAR ENERGY AND INTERESTED MEMBERS OF THE PUBLIC. SUCH
REPORT SHALL INCLUDE AN ABSTRACT THAT IS EASILY UNDERSTOOD BY THE GENER-
AL PUBLIC.
  (C) REPORTS OF RELEASE WHICH EXCEED TECHNICAL SPECIFICATION LIMITS  OR
RESULT IN OVEREXPOSURE TO PLANT PERSONNEL OR MEMBERS OF THE PUBLIC SHALL
BE  REVIEWED  EXPEDITIOUSLY BY THE COMMISSIONER OF HEALTH, OR HIS OR HER
DESIGNEE, AND A REPORT SHALL BE FORWARDED TO THE INDIVIDUALS  AND  AGEN-
CIES AS PROVIDED IN THIS SECTION.
  7.  THE  OPERATOR  OF ANY NUCLEAR POWER PLANT IN THIS STATE, OR HIS OR
HER DESIGNEE, SHALL SUBMIT AN ANNUAL REPORT BY  MARCH  THIRTY-FIRST,  TO
THE  PUBLIC  SERVICE  COMMISSION, WITH A COPY SENT TO THE NEW YORK STATE
LIBRARY; WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A) A LIST AND SUMMARY DESCRIPTION OF ANY SAFETY-RELATED INCIDENTS  AT
THAT NUCLEAR POWER PLANT REPORTED TO THE UNITED STATES NUCLEAR REGULATO-
RY  COMMISSION  DURING THE PREVIOUS CALENDAR YEAR, INCLUDING A STATEMENT
OF THE CAUSE OF THE INCIDENT, ITS EFFECTS ON HUMAN HEALTH AND THE  ENVI-
RONMENT, CORRECTIVE MEASURES WHICH HAVE BEEN TAKEN AND THE COSTS;
  (B)  A  LIST AND SUMMARY DESCRIPTION OF THOSE UNRESOLVED SAFETY ISSUES
AS DEFINED BY THE UNITED  STATES  NUCLEAR  REGULATORY  COMMISSION  WHICH
PERTAIN  TO  THAT  NUCLEAR  POWER PLANT AND THE STATUS OF RESOLUTION AND
IMPLEMENTATION OF THOSE UNRESOLVED SAFETY ISSUES; AND
  (C) A LIST AND SUMMARY DESCRIPTION OF  ANY  UNRESOLVED  SAFETY  ISSUES
WHICH  HAVE  BEEN  CONVERTED  TO REGULATION BY THE UNITED STATES NUCLEAR
REGULATORY COMMISSION FOR IMPLEMENTATION AT THAT  NUCLEAR  POWER  PLANT,

S. 1530                             3

TOGETHER WITH THE BEST AVAILABLE ESTIMATES OF THE COST AND TIME REQUIRED
FOR THAT IMPLEMENTATION.
  8.  ANY  OPERATOR  OF A NUCLEAR POWER PLANT IN THIS STATE WHO FAILS TO
COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF
NOT LESS THAN ONE THOUSAND DOLLARS AND NOT TO EXCEED  TWENTY-FIVE  THOU-
SAND  DOLLARS  PER  VIOLATION  TO  BE LEVIED BY THE DEPARTMENT OF HEALTH
AFTER NOTICE AND OPPORTUNITY TO BE HEARD PURSUANT TO SECTION TWELVE-A OF
THE PUBLIC HEALTH LAW.
  S 2.  This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.