Bill Text: NY A10236 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes New York state decommissioning oversight boards for nuclear power plants; defines terms; provides that a New York state decommissioning oversight board shall be established for a state retiring facility within one month after such facility's future closure is noticed to the nuclear regulatory commission; establishes an eleven member board; makes related provisions.

Spectrum: Strong Partisan Bill (Democrat 27-2)

Status: (Introduced - Dead) 2020-07-22 - ordered to third reading rules cal.293 [A10236 Detail]

Download: New_York-2019-A10236-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10236--A

                   IN ASSEMBLY

                                     March 27, 2020
                                       ___________

        Introduced  by  M.  of  A.  GALEF,  BUCHWALD, SEAWRIGHT, HUNTER, COLTON,
          ABINANTI, THIELE, DINOWITZ, JAFFEE, CARROLL, FAHY, GOTTFRIED, McMAHON,
          CAHILL, MOSLEY, MONTESANO, B. MILLER -- read once and referred to  the
          Committee  on  Energy  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public service law, in  relation  to  providing  for
          decommissioning  oversight boards for nuclear power plants in New York
          state

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The public service law is amended by adding a new section
     2  174 to read as follows:
     3    § 174. New York state decommissioning  oversight  boards.  1.    Defi-
     4  nitions. The following terms shall have the following meanings:
     5    a.  "Retirement"  means the permanent closure of a nuclear power plant
     6  in the state that has been noticed to the nuclear regulatory  commission
     7  ("NRC").
     8    b.  "Retiring  facility"  or "facility" means a nuclear power plant in
     9  the state whose permanent closure has been noticed to the nuclear  regu-
    10  latory commission.
    11    c.  "Decommissioning period" means the time commencing from the retir-
    12  ing facility's notice to the nuclear regulatory commission of the intent
    13  to close permanently until the property has been released for reuse  and
    14  all spent nuclear fuel has been removed from the site.
    15    d.  "Reuse" means the unrestricted use of the site subject to applica-
    16  ble nuclear regulatory commission regulations, and federal,  state,  and
    17  local laws.
    18    e.  "Decommissioning  activities"  means  activities  at  the retiring
    19  facility to reduce  residual  radioactivity  to  a  level  that  permits
    20  release  of  the  property  for reuse and the termination of the nuclear
    21  regulatory commission license but does not include activities associated
    22  with irradiated fuel management and site restoration  activities,  legal
    23  expenses,  accounting expenses, or any other costs beyond what is neces-
    24  sary to terminate the nuclear regulatory commission license.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16010-06-0
        A. 10236--A                         2

     1    f. "Licensee" means the holder of the  nuclear  regulatory  commission
     2  license  for the retiring facility as of the date of any activity speci-
     3  fied herein.
     4    g. "Site" means the property on which the retiring facility sits.
     5    h.  "Site  restoration"  means all activities performed to prepare the
     6  site for reuse.
     7    i. "Decommissioning trust fund" means the funds  accumulated  pursuant
     8  to  nuclear regulatory commission regulations for the decommissioning of
     9  the retiring facility, from any source, including any interest  received
    10  thereon.
    11    j.  "Comments"  means  official  statements  on  proposed actions with
    12  regard to the retiring  facility,  filed  with  the  nuclear  regulatory
    13  commission  or other government entity according to all applicable regu-
    14  lations.
    15    k. "Spent nuclear fuel" means any fuel  rods  and/or  fuel  assemblies
    16  that  have been installed in the retiring facility's reactor core at any
    17  time.
    18    l. "Community member" means any  individual  residing  in  this  state
    19  within fifty miles of the retiring facility.
    20    2.  Creation  of  New  York  state  decommissioning oversight board or
    21  boards (each a "NYSDOB" or "board").
    22    a. A New York state decommissioning oversight board  shall  be  estab-
    23  lished within the department for a retiring facility in the state within
    24  one month after the facility's closure is noticed to the nuclear regula-
    25  tory commission and shall extend until: (i) the facility's decommission-
    26  ing  period is completed; (ii) all site restoration is completed and the
    27  site is released by all governmental authorities for  reuse;  and  (iii)
    28  all  spent nuclear fuel has been removed from the site. For any retiring
    29  facility that notified the nuclear regulatory commission of  its  perma-
    30  nent  closure  in  the  five years prior to the enactment of this law, a
    31  NYSDOB shall be established as expeditiously as possible.
    32    b. The board shall help coordinate  the  efforts  of  state  agencies'
    33  oversight  of  the  decommissioning  activities  to  ensure the retiring
    34  facility is in compliance with all state  and  federal  regulations  and
    35  make  reports  and  recommendations  to  state and federal officials, as
    36  needed. Additionally, the board shall observe the  disbursement  of  the
    37  retiring   facility's  decommissioning  trust  fund,  facilitate  public
    38  involvement and transparency throughout the decommissioning period,  act
    39  as  a  forum  to both disseminate information and solicit input from the
    40  public, and observe any other aspects of decommissioning activities, and
    41  site restoration, to the full extent allowed by law.
    42    c. Eleven members collectively known as "agency members"  shall  serve
    43  on  the  board  and  will consist of: the chief executive officer of the
    44  department, the secretary of state, the  commissioner  of  environmental
    45  conservation,  the commissioner of health, the director of the office of
    46  emergency management, the state comptroller, the attorney  general,  the
    47  president of the New York state energy research and development authori-
    48  ty, the commissioner of labor, the president and chief executive officer
    49  of the power authority of the state of New York, and the commissioner of
    50  the  division  of  homeland  security  and  emergency services, or their
    51  designees.
    52    d. The governor shall appoint six members and the temporary  president
    53  of  the  senate  and  the speaker of the assembly shall each appoint two
    54  members ("appointed members"). Preference shall be given to the  follow-
    55  ing individuals:
        A. 10236--A                         3

     1    (i) Community members who have demonstrated active engagement and have
     2  experience researching and advocating about issues related to the facil-
     3  ity;
     4    (ii) Individuals representing labor unions whose members were employed
     5  at the applicable facility;
     6    (iii) Individuals representing environmental organizations;
     7    (iv)  Individuals representing environmental justice communities asso-
     8  ciated with the facility;
     9    (v) Individuals with scientific or technical  background  relevant  to
    10  nuclear power plant decommissioning or engineering;
    11    (vi) Individuals engaged in local emergency planning; and
    12    (vii) Local elected officials.
    13    e. There are no term limits for the agency members, who shall serve as
    14  ex  officio  members. In order to help preserve continuity and organiza-
    15  tional memory, appointed members shall serve staggered  terms  of  three
    16  years.  If  any appointed member position becomes vacant, another member
    17  shall be appointed to fill the unexpired term within ninety days of  the
    18  date  of the vacancy. After two terms, each appointed member shall cycle
    19  off and be replaced by another appointee; former appointed  members  may
    20  return after a break of at least one year.
    21    f.  No  person  who holds any relationship to or financial interest in
    22  any company with an ownership or other financial interest in any nuclear
    23  plant in the state, including related or parent companies, subsidiaries,
    24  contractors, agents, shareholders,  or  others  (as  determined  by  the
    25  state) may be appointed to the board.
    26    g.  The  board  shall  select a vice chair from among its members. The
    27  chief executive officer of the department shall serve as the  chair.  In
    28  the  event  of  the  unavailability or incapacity of the chair, the vice
    29  chair shall assume the duties of the chair.
    30    3. Board meetings. The board shall meet a minimum of four  times  each
    31  year at the call of the chair.  However, once decommissioning activities
    32  are complete the board may reduce the number of meetings to a minimum of
    33  once per year.
    34    a.  The chair shall provide notice to all members and to the public at
    35  least two weeks prior to any regular meeting.
    36    b. Meetings shall be held in Albany or at a location that is  accessi-
    37  ble to community members, and proximate to an applicable facility.
    38    c.  In  response to a situation in which the physical integrity of the
    39  facility and/or nuclear waste storage may have been  compromised  and/or
    40  damaged,  an  emergency  meeting may be called with at least twenty-four
    41  hours notice.
    42    d. A majority of the members of the board shall constitute a quorum.
    43    e. The board shall act only by a vote of a majority of the members.
    44    f. All regular meetings shall be open to the public and shall  include
    45  an  opportunity for public comment. Meetings shall be recorded and shall
    46  be made available electronically for public viewing.
    47    g. The board shall be subject to article seven of the public  officers
    48  law.
    49    4.  Powers and duties of the board. The board shall have the following
    50  powers and duties:
    51    a. The board's functions shall be to: (i)  advise  the  governor,  the
    52  legislature, the agencies of the state, and the public on issues related
    53  to  the decommissioning of nuclear facilities, including but not limited
    54  to:  short-term and long-term radioactive waste storage;  site  restora-
    55  tion  and  future use of the site; maintenance of emergency planning and
    56  response funds before, during, and after  decommissioning;  use  of  the
        A. 10236--A                         4

     1  decommissioning  trust  fund;  and  plans  for  ongoing oversight of the
     2  facility for as long as spent fuel or greater than class C waste  remain
     3  at  the  site;  and  (ii)  assess  whether all licensee requirements are
     4  fulfilled.
     5    b.  The  board  shall produce an annual report including the status of
     6  decommissioning; effects on the surrounding communities; and any  recom-
     7  mendations for state action in regard to any post-shutdown decommission-
     8  ing activities report, license amendment request or requests, regulatory
     9  exemption request and/or other modification or amendment relating to the
    10  retiring facility.
    11    c.  When  a  post-shutdown  decommissioning activities report or other
    12  decommissioning plan for the retiring facility is produced by the licen-
    13  see pursuant to 10 CFR 50.82(a)(4), the board shall:
    14    (i) Review the decommissioning plans and/or the  post-shutdown  decom-
    15  missioning activities report;
    16    (ii)  Alert the public to such action and provide public access to the
    17  plans and/or post-shutdown decommissioning activities report;
    18    (iii) Solicit and provide a forum for public  comment  on  such  plans
    19  and/or post-shutdown decommissioning activities report;
    20    (iv)  Develop recommendations regarding the proposed plan and/or post-
    21  shutdown decommissioning activities report, incorporating input from the
    22  public as appropriate;
    23    (v) Compile comments incorporating  the  board's  recommendations  and
    24  public comment;
    25    (vi)  Submit such comments to the nuclear regulatory commission during
    26  the applicable comment period, as necessary, and provide a copy  of  the
    27  comments  to  the  governor, the legislature, applicable state agencies,
    28  and the public.
    29    d. When any application is made to the nuclear  regulatory  commission
    30  to  transfer  or modify the facility's commercial power reactor license,
    31  including, but not limited to, license amendment request or requests  or
    32  license termination or transfer plans, or when an application is made to
    33  the  nuclear  regulatory  commission  for  any  other  permit or permits
    34  related to the site, such as, but not limited to, exemptions from feder-
    35  al regulations and/or the establishment or transfer  of  an  independent
    36  spent fuel storage installation, the board shall:
    37    (i) Review such applications;
    38    (ii)  Alert  the public to such applications and provide public access
    39  to the application materials;
    40    (iii) Solicit and provide a forum for public comment on such plans;
    41    (iv) Develop  recommendations  regarding  the  proposed  applications,
    42  incorporating input from the public as appropriate;
    43    (v)  Compile  comments  incorporating  the board's recommendations and
    44  public comment;
    45    (vi) Submit such comments to the nuclear regulatory commission  during
    46  the  applicable  comment period, as necessary, and provide a copy of the
    47  report to the governor, the state legislature,  applicable  state  agen-
    48  cies, and the public.
    49    e.  The  board  may,  as it deems appropriate, review plans or permits
    50  made available to it by a state  agency,  solicit  public  comment,  and
    51  produce comments or recommendations to the state agency.
    52    f.  The  board shall periodically review reports, including the annual
    53  audited financial statements, on  the  decommissioning  trust  fund  and
    54  other  funds  associated  with decommissioning of or site restoration at
    55  the facility, including fund balances, expenditures made, and reimburse-
    56  ments received to ensure that such funds  are  spent  according  to  all
        A. 10236--A                         5

     1  applicable laws and that no shortfalls are anticipated that might affect
     2  state or local governments.
     3    5. Licensee requirements.
     4    a.  The  licensee shall provide the following information to the board
     5  as soon as possible:
     6    (i) A copy of any communications between the licensee and the  nuclear
     7  regulatory commission regarding:
     8    (1) the post-shutdown decommissioning activities report for the retir-
     9  ing facility,
    10    (2)  status reports on the cleanup of the existing radioactive contam-
    11  ination on the site,
    12    (3) the establishment  of  or  modifications  to  spent  fuel  storage
    13  installation on the site of the retiring facility,
    14    (4)  a  proposed  license  transfer  or modification for the facility,
    15  and/or for the storage of spent fuel at the facility.
    16    (ii) Annual audited financial statements, prepared in compliance  with
    17  generally  accepted  auditing  standards  adopted  by the public company
    18  accounting oversight board, for the funds held  in  the  decommissioning
    19  trust fund of the facility, including an independent analysis of whether
    20  the  expenditures  in  the  financial  year covered were consistent with
    21  nuclear regulatory commission regulatory requirements.
    22    (iii) Information requested by the board that is in the possession  of
    23  the  licensee and relates to site reuse; the decommissioning trust fund;
    24  the relevant economic interests of the state or  municipalities;  or  is
    25  otherwise reasonably required to allow the board to complete its duties.
    26    b.  The  licensee shall not use decommissioning trust funds except for
    27  decommissioning activities as defined on  the  effective  date  of  this
    28  section and consistent with federal law.
    29    6.  Remaining  funds. Any funds remaining in the decommissioning trust
    30  fund at the end of the decommissioning period shall revert to NYSERDA to
    31  be spent on renewable energy systems, as defined in section  sixty-six-p
    32  of  this  chapter,  to benefit the service areas within which ratepayers
    33  contributed to the decommissioning trust fund.
    34    7. Board members' expenses.  Board members shall  receive  no  compen-
    35  sation for their services but may be reimbursed for actual and necessary
    36  expenses incurred in the performance of their duties.
    37    8. Administration of the board. a. The department shall provide admin-
    38  istrative support.
    39    b.  The  board  may  contract  for  the services of technical or other
    40  consultants to produce, compile, and/or analyze  data  relating  to  the
    41  facility and to advise the board.
    42    9. Enforcement. Whenever the attorney general finds that a licensee is
    43  in  violation  of  any of the requirements listed in subdivision five of
    44  this section he or she may issue an  order  requiring  the  licensee  to
    45  comply or bring civil action to ensure compliance. The board may provide
    46  any relevant information to the attorney general.
    47    10.  Severability clause. If any provision of this law or its applica-
    48  tion to any person or circumstance is held invalid, the invalidity shall
    49  not affect other provisions or applications of this  law  which  can  be
    50  given  effect  without the invalid provision or application, and to this
    51  end the provisions of this law are severable.
    52    § 2. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law.