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

                                 7426--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. N. RIVERA, GALEF, STEVENSON, JEFFRIES, M. MILLER,
  JAFFEE,  WEPRIN,  CRESPO  --  Multi-Sponsored  by  -- M. of A. ARROYO,
  AUBRY, BARRON, BOYLAND, BROOK-KRASNY, CAMARA, CASTELLI, CASTRO, CLARK,
  COLTON, COOK, CUSICK, DenDEKKER, GIBSON, KAVANAGH,  KELLNER,  LINARES,
  V. LOPEZ,   MARKEY,   MENG,  MOYA,  ORTIZ,  PERRY,  RAMOS,  J. RIVERA,
  P. RIVERA, ROBERTS, RODRIGUEZ, SCARBOROUGH, SIMOTAS, SPANO,  TITUS  --
  read  once and referred to the Committee on Governmental Operations --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the executive law, in relation to requiring the commis-
  sioner of the division of homeland security and emergency services  to
  establish  and implement a plan for the mass purchase and distribution
  of potassium iodide in certain areas

  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 714-a
to read as follows:
  S 714-A. DISTRIBUTION OF POTASSIUM IODIDE; CERTAIN  AREAS.    NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES SHALL ESTABLISH AND IMPLEMENT A
MECHANISM  FOR  THE  MASS  PURCHASE AND DISTRIBUTION OF POTASSIUM IODIDE
PILLS TO ALL PERSONS LOCATED WITHIN A FIFTY MILE RADIUS  OF  THE  INDIAN
POINT  ENERGY  CENTER  NUCLEAR  POWER PLANT, IN THE EVENT THAT A NUCLEAR
EMERGENCY OCCURS AT SUCH PLANT OR  FROM  THE  LOCATION  OF  A  TERRORIST
ATTACK THAT INVOLVES THE RELEASE OF RADIOACTIVE MATTER. FEDERAL HOMELAND
SECURITY FUNDS ALLOCATED TO THE STATE SHALL BE UTILIZED FOR THE PURCHASE
AND DISTRIBUTION COSTS OF SUCH POTASSIUM IODIDE PILLS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however,  that  effective  immediately  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.

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

                                                           LBD10356-03-1

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

                                 7426--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. N. RIVERA, GALEF, STEVENSON, JEFFRIES, M. MILLER,
  JAFFEE,  WEPRIN,  CRESPO,  ROSENTHAL -- Multi-Sponsored by -- M. of A.
  ARROYO,  AUBRY,  BARRON,  BOYLAND,  BROOK-KRASNY,  CAMARA,   CASTELLI,
  CASTRO,  CLARK,  COLTON,  COOK,  CUSICK,  DenDEKKER, GIBSON, KAVANAGH,
  KELLNER, LINARES, V. LOPEZ, MARKEY, MENG, MOYA, ORTIZ,  PERRY,  RAMOS,
  J. RIVERA, P. RIVERA, ROBERTS, RODRIGUEZ, SCARBOROUGH, SIMOTAS, SPANO,
  TITUS -- read once and referred to the Committee on Governmental Oper-
  ations  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend the executive law, in relation to requiring the  commis-
  sioner  of the division of homeland security and emergency services to
  establish and implement a plan for the mass purchase and  distribution
  of potassium iodide in certain areas

  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  714-a
to read as follows:
  S  714-A.  DISTRIBUTION  OF POTASSIUM IODIDE; CERTAIN AREAS.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES SHALL ESTABLISH AND IMPLEMENT A
MECHANISM FOR THE MASS PURCHASE AND  DISTRIBUTION  OF  POTASSIUM  IODIDE
PILLS  TO  ALL  PERSONS LOCATED WITHIN A FIFTY MILE RADIUS OF THE INDIAN
POINT ENERGY CENTER NUCLEAR POWER PLANT, IN THE  EVENT  THAT  A  NUCLEAR
EMERGENCY  OCCURS  AT  SUCH  PLANT  OR  FROM THE LOCATION OF A TERRORIST
ATTACK THAT INVOLVES THE RELEASE OF RADIOACTIVE MATTER. FEDERAL HOMELAND
SECURITY FUNDS ALLOCATED TO THE STATE SHALL BE UTILIZED FOR THE PURCHASE
AND DISTRIBUTION COSTS OF SUCH POTASSIUM IODIDE PILLS.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law;  provided, however, that effective immediately the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10356-04-1
              

A. 7426--B                          2

addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective  date;
provided, further, that if upon such effective date, an appropriation to
the  division of homeland security and emergency services shall not have
been made for reimbursement services for the purpose of implementing the
provisions of this act, then this act shall take effect  on  the  forty-
fifth  day  after  such an appropriation is made, and provided, further,
that the division of the budget shall notify the legislative bill draft-
ing commission on September 1, 2011 whether such  an  appropriation  has
been  made,  and  if  such  appropriation shall not have been made on or
before such date, the division of the budget shall notify  the  legisla-
tive  bill drafting commission upon the date such an appropriation shall
have been made, in order that the commission may  maintain  an  accurate
and  timely  effective data base of the official text of the laws of the
state of New York in  furtherance  of  effectuating  the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.

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

                                 7426--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. N. RIVERA, GALEF, STEVENSON, JEFFRIES, M. MILLER,
  JAFFEE,  WEPRIN,  CRESPO,  ROSENTHAL -- Multi-Sponsored by -- M. of A.
  ARROYO,  AUBRY,  BARRON,  BOYLAND,  BROOK-KRASNY,  CAMARA,   CASTELLI,
  CASTRO,  CLARK,  COLTON,  COOK,  CUSICK,  DenDEKKER, GIBSON, KAVANAGH,
  KELLNER, LINARES, V. LOPEZ, MARKEY, MENG, MOYA, ORTIZ,  PERRY,  RAMOS,
  J. RIVERA,  P. RIVERA, ROBERTS, RODRIGUEZ, SCARBOROUGH, SIMOTAS, TITUS
  -- read once and referred to the Committee on Governmental  Operations
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee -- recommitted to the Committee on  Governmental  Oper-
  ations  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT establishing the nuclear power plant preparedness plans study

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

  Section  1.  Nuclear power plant disaster preparedness plans study. 1.
The Commissioner of the Division  of  Homeland  Security  and  Emergency
Services,  in consultation with the disaster preparedness commission and
any other entity the Commissioner of the Division of  Homeland  Security
and  Emergency Services deems appropriate, shall study and review disas-
ter preparedness plans as they relate to nuclear power plants for effec-
tiveness. The study of such disaster preparedness plans  shall  include,
but not be limited to, the following:
  (a) the time necessary to evacuate the area within a fifty mile radius
of the plant, in addition to any other determined radius, with consider-
ation of:
  (i) the severity of the nuclear power plant disaster
  (ii) the population residing in such area
  (iii) existing transportation networks

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10356-05-2
              

A. 7426--C                          2

  (iv) any other considerations that are deemed relevant;
  (b) the amount of area that should be evacuated with consideration of:
  (i) the severity of the nuclear power plant disaster
  (ii) the population residing in such area
  (iii) existing transportation networks
  (iv) any other considerations that are deemed relevant;
  (c)  the  locations where people may be evacuated to in the event of a
disaster;
  (d) the feasibility of evacuating areas near the power plant;
  (e) the role of public safety and school personnel in safely returning
school children with their parents;
  (f) the protection of food and water from contamination;
  (g) the evacuation of people from hospitals and other institutions;
  (h) the evacuation of individuals with  special  needs  or  those  who
require special attention;
  (i) the length of time that an area should be evacuated for;
  (j)  the  opportunities where state and local agencies and the private
sector can coordinate and cooperate in a nuclear power plant disaster;
  (k) the availability and distribution of potassium iodine to  individ-
uals in areas affected by a nuclear power plant disaster;
  (1) the use of technology in disaster preparedness;
  (m)  the  overall  effectiveness  of  the nuclear power plant disaster
preparedness plans; and
  (n) the ability to  communicate  between  relevant  federal  entities,
state  and  local  entities  and  power  plant operators and the general
public.
  2. Such study shall be submitted to the governor, the temporary presi-
dent of the senate, and the speaker of the assembly by December 31, 2014
and shall be publicly posted on the Division of  Homeland  Security  and
Emergency Services' website.
  3. The Commissioner of the Division of Homeland Security and Emergency
Services may request, and is authorized to receive, any information from
any  state  agencies  that is relevant and material to the completion of
such study. Such information received by the Commissioner of  the  Divi-
sion of Homeland Security and Emergency Services shall be subject to the
same requirements for confidentiality and limitations on use, if any, as
are applicable to such state agency's use of such information.
  4. The Commissioner of the Division of Homeland Security and Emergency
Services is authorized to use existing Division of Homeland Security and
Emergency Services' funds to carry out the provisions of this section.
  S 2. This act shall take effect immediately.