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.