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:
    1    Section  1.  Nuclear power plant disaster preparedness plans study. 1.
    2  The Commissioner of the Division  of  Homeland  Security  and  Emergency
    3  Services,  in consultation with the disaster preparedness commission and
    4  any other entity the Commissioner of the Division of  Homeland  Security
    5  and  Emergency Services deems appropriate, shall study and review disas-
    6  ter preparedness plans as they relate to nuclear power plants for effec-
    7  tiveness. The study of such disaster preparedness plans  shall  include,
    8  but not be limited to, the following:
    9    (a) the time necessary to evacuate the area within a fifty mile radius
   10  of the plant, in addition to any other determined radius, with consider-
   11  ation of:
   12    (i) the severity of the nuclear power plant disaster
   13    (ii) the population residing in such area
   14    (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
    1    (iv) any other considerations that are deemed relevant;
    2    (b) the amount of area that should be evacuated with consideration of:
    3    (i) the severity of the nuclear power plant disaster
    4    (ii) the population residing in such area
    5    (iii) existing transportation networks
    6    (iv) any other considerations that are deemed relevant;
    7    (c)  the  locations where people may be evacuated to in the event of a
    8  disaster;
    9    (d) the feasibility of evacuating areas near the power plant;
   10    (e) the role of public safety and school personnel in safely returning
   11  school children with their parents;
   12    (f) the protection of food and water from contamination;
   13    (g) the evacuation of people from hospitals and other institutions;
   14    (h) the evacuation of individuals with  special  needs  or  those  who
   15  require special attention;
   16    (i) the length of time that an area should be evacuated for;
   17    (j)  the  opportunities where state and local agencies and the private
   18  sector can coordinate and cooperate in a nuclear power plant disaster;
   19    (k) the availability and distribution of potassium iodine to  individ-
   20  uals in areas affected by a nuclear power plant disaster;
   21    (1) the use of technology in disaster preparedness;
   22    (m)  the  overall  effectiveness  of  the nuclear power plant disaster
   23  preparedness plans; and
   24    (n) the ability to  communicate  between  relevant  federal  entities,
   25  state  and  local  entities  and  power  plant operators and the general
   26  public.
   27    2. Such study shall be submitted to the governor, the temporary presi-
   28  dent of the senate, and the speaker of the assembly by December 31, 2014
   29  and shall be publicly posted on the Division of  Homeland  Security  and
   30  Emergency Services' website.
   31    3. The Commissioner of the Division of Homeland Security and Emergency
   32  Services may request, and is authorized to receive, any information from
   33  any  state  agencies  that is relevant and material to the completion of
   34  such study. Such information received by the Commissioner of  the  Divi-
   35  sion of Homeland Security and Emergency Services shall be subject to the
   36  same requirements for confidentiality and limitations on use, if any, as
   37  are applicable to such state agency's use of such information.
   38    4. The Commissioner of the Division of Homeland Security and Emergency
   39  Services is authorized to use existing Division of Homeland Security and
   40  Emergency Services' funds to carry out the provisions of this section.
   41    S 2. This act shall take effect immediately.