Legislation
SECTION 29-0501
Citizen advisory committee on permanent disposal facilities siting and disposal method selection
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 29, TITLE 5
§ 29-0501. Citizen advisory committee on permanent disposal facilities
siting and disposal method selection.
1. A citizen advisory committee on siting and disposal method
selection for permanent disposal facilities is hereby established
independent of the commission and shall continue in existence until the
department has issued its final environmental impact statement pursuant
to section 29-0105 of this article. The members shall be appointed by
the governor and shall consist of: two representatives of non-profit
environmental organizations; two health physicists or medical doctors
knowledgeable of radiation health effects; two representatives of
low-level radioactive waste generators in New York; a private citizen
residing in New York who is technically competent and knowledgeable
concerning low-level radioactive waste; four private citizens, residing
in New York who are knowledgeable concerning low-level radioactive
waste, of whom one shall be knowledgeable and experienced in
agricultural production and one in local public health services; and one
elected local government representative of each county in which a
candidate site has been identified, which county shall be represented
until such time as no candidate site is being considered therein and,
upon issuance of the commission's draft environmental impact statement
pursuant to subdivision six of section 29-0303 of this article, three
private citizens from the county within which each proposed site is
primarily located. The governor shall designate the chairman from among
the members of the committee. No member shall receive any compensation,
but shall be entitled to reimbursement for actual and necessary expenses
in performing the duties of the citizen advisory committee.
2. The citizen advisory committee shall:
a. meet at least bi-monthly to provide information and review
activities of the commission and the department pursuant to sections
29-0103, 29-0105, 29-0303 and 29-0509 of this article and to receive a
written report from the commission, the department and the energy
research and development authority on plans and progress in carrying out
activities and duties pursuant to the low-level radioactive waste
management act. In particular, the citizen advisory committee shall
provide information and recommendations in response to the commission's
draft environmental impact statements prepared pursuant to section
29-0303 of this article, including reviewing public views, comments, and
information submitted in response thereto;
b. review and comment semi-annually on the commission's plans and
schedule for carrying out the provisions of section 29-0303 of this
article;
c. have minutes taken of each meeting of the citizen advisory
committee and make them available to the public within ten working days
from the date of the meeting, and a video or audio record of any meeting
sponsored by the committee shall be kept, copies of which shall be made
available at the actual cost of reproduction;
d. consult with and advise the commissioner of health in planning and
carrying out a public information and education program on low-level
radioactive waste pursuant to the provisions of article twenty-four-C of
the public health law;
e. hire an executive director, and clerical support, and may contract
for necessary specialized services;
f. facilitate the public review and comment process and issue reports
containing the committee's comments and recommendations concerning:
(i) the candidate disposal method selection process;
(ii) the site selection process, including previously excluded lands
and voluntary sites;
(iii) site characterization;
(iv) the process for matching the site with the preferred disposal
method;
(v) the draft environmental impact statement; and
(vi) the manner in which the commission carries out its
responsibilities to keep the public informed of its activities;
g. make copies of its reports available to the public upon request and
submit copies to the governor, the majority leader of the senate, the
speaker of the assembly, the minority leader of the senate and the
minority leader of the assembly; and
h. exercise and perform such other advisory functions related to the
commission's or the department's activities conducted pursuant to
sections 29-0103, 29-0105, 29-0303 and 29-0509 of this article as the
chairman of the commission or commissioner of environmental conservation
may request.
3. The department of health shall provide such administrative support
services to the citizen advisory committee as may be determined
reasonable for the proper execution of the committee's responsibilities.
4. All agencies and authorities of the state are hereby directed to
cooperate with the citizen advisory committee in order to facilitate and
expedite the responsibilities and duties of the committee.
siting and disposal method selection.
1. A citizen advisory committee on siting and disposal method
selection for permanent disposal facilities is hereby established
independent of the commission and shall continue in existence until the
department has issued its final environmental impact statement pursuant
to section 29-0105 of this article. The members shall be appointed by
the governor and shall consist of: two representatives of non-profit
environmental organizations; two health physicists or medical doctors
knowledgeable of radiation health effects; two representatives of
low-level radioactive waste generators in New York; a private citizen
residing in New York who is technically competent and knowledgeable
concerning low-level radioactive waste; four private citizens, residing
in New York who are knowledgeable concerning low-level radioactive
waste, of whom one shall be knowledgeable and experienced in
agricultural production and one in local public health services; and one
elected local government representative of each county in which a
candidate site has been identified, which county shall be represented
until such time as no candidate site is being considered therein and,
upon issuance of the commission's draft environmental impact statement
pursuant to subdivision six of section 29-0303 of this article, three
private citizens from the county within which each proposed site is
primarily located. The governor shall designate the chairman from among
the members of the committee. No member shall receive any compensation,
but shall be entitled to reimbursement for actual and necessary expenses
in performing the duties of the citizen advisory committee.
2. The citizen advisory committee shall:
a. meet at least bi-monthly to provide information and review
activities of the commission and the department pursuant to sections
29-0103, 29-0105, 29-0303 and 29-0509 of this article and to receive a
written report from the commission, the department and the energy
research and development authority on plans and progress in carrying out
activities and duties pursuant to the low-level radioactive waste
management act. In particular, the citizen advisory committee shall
provide information and recommendations in response to the commission's
draft environmental impact statements prepared pursuant to section
29-0303 of this article, including reviewing public views, comments, and
information submitted in response thereto;
b. review and comment semi-annually on the commission's plans and
schedule for carrying out the provisions of section 29-0303 of this
article;
c. have minutes taken of each meeting of the citizen advisory
committee and make them available to the public within ten working days
from the date of the meeting, and a video or audio record of any meeting
sponsored by the committee shall be kept, copies of which shall be made
available at the actual cost of reproduction;
d. consult with and advise the commissioner of health in planning and
carrying out a public information and education program on low-level
radioactive waste pursuant to the provisions of article twenty-four-C of
the public health law;
e. hire an executive director, and clerical support, and may contract
for necessary specialized services;
f. facilitate the public review and comment process and issue reports
containing the committee's comments and recommendations concerning:
(i) the candidate disposal method selection process;
(ii) the site selection process, including previously excluded lands
and voluntary sites;
(iii) site characterization;
(iv) the process for matching the site with the preferred disposal
method;
(v) the draft environmental impact statement; and
(vi) the manner in which the commission carries out its
responsibilities to keep the public informed of its activities;
g. make copies of its reports available to the public upon request and
submit copies to the governor, the majority leader of the senate, the
speaker of the assembly, the minority leader of the senate and the
minority leader of the assembly; and
h. exercise and perform such other advisory functions related to the
commission's or the department's activities conducted pursuant to
sections 29-0103, 29-0105, 29-0303 and 29-0509 of this article as the
chairman of the commission or commissioner of environmental conservation
may request.
3. The department of health shall provide such administrative support
services to the citizen advisory committee as may be determined
reasonable for the proper execution of the committee's responsibilities.
4. All agencies and authorities of the state are hereby directed to
cooperate with the citizen advisory committee in order to facilitate and
expedite the responsibilities and duties of the committee.