Bill Text: NY S08154 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-12-28 - RECOMMITTED TO RULES [S08154 Detail]

Download: New_York-2019-S08154-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8154

                    IN SENATE

                                      April 8, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        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 board. 1.   Defi-
     4  nitions. The following terms shall have the following meanings:
     5    a. "Retirement" means the permanent closure of a state  nuclear  power
     6  plant  that  has  been  noticed  to  the  nuclear  regulatory commission
     7  ("NRC").
     8    b. "Retiring facility" or "facility" shall mean a state nuclear  power
     9  plant  whose  closure has been noticed to the nuclear regulatory commis-
    10  sion, including the site on which it sits.
    11    c. "Decommissioning period" shall broadly encompass the time  commenc-
    12  ing  from  the  retiring  facility's  notice  to  the nuclear regulatory
    13  commission of the intent to close until the property has  been  released
    14  for reuse and all spent nuclear fuel has been removed from the site.
    15    d. "Reuse" means the unrestricted use of the site under all applicable
    16  nuclear  regulatory commission, other federal, state, and local nuclear,
    17  environmental, and zoning laws.
    18    e. "Decommissioning activities" shall encompass all activities at  the
    19  site  of  the  retiring  facility  that are directly related to reducing
    20  residual radioactivity to a level that permits release of  the  property
    21  for  reuse  and  the  termination  of  the nuclear regulatory commission
    22  license but does not include activities associated with irradiated  fuel
    23  management and site restoration activities.
    24    f.  "Licensee" shall mean the holder of the nuclear regulatory commis-
    25  sion license for the retiring facility as of the date  of  any  activity
    26  specified herein.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16010-01-0

        S. 8154                             2

     1    g.  "Site"  shall  mean  the property on which the applicable retiring
     2  facility sits.
     3    h.  "Site  restoration" shall mean all activities performed to prepare
     4  the site for its next use or some desired end state.
     5    i. "Decommissioning trust  fund"  shall  mean  the  funds  accumulated
     6  pursuant  to nuclear regulatory commission regulations for the decommis-
     7  sioning of  the  facility,  from  any  source,  including  any  interest
     8  received thereon.
     9    j.  "Comments" shall mean official statements on proposed actions with
    10  regard to the retiring  facility,  filed  with  the  nuclear  regulatory
    11  commission  or other government entity according to all applicable regu-
    12  lations.
    13    k. "Spent nuclear fuel" shall mean any fuel rods  and/or  fuel  assem-
    14  blies  that  have been installed in the retiring facility's reactor core
    15  at any time, whether such fuel is in the reactor,  is  stored  in  spent
    16  fuel  pools,  is  in dry storage containers, or is in any transit equip-
    17  ment.
    18    l. "Spent fuel management" shall  mean  all  activities  performed  to
    19  manage  inventories  of  spent  nuclear fuel and/or greater than class C
    20  waste ("GTCC") at the retiring facility following permanent cessation of
    21  operation of the reactor until the title and  possession  of  the  spent
    22  nuclear fuel and greater than class C waste is transferred to the secre-
    23  tary of energy, including the transfer of spent nuclear fuel from onsite
    24  dry  storage  to  any  offsite storage area, whether or not such area is
    25  owned by the licensee at such time and/or is approved  by  the  NRC  for
    26  interim or permanent nuclear waste storage.
    27    m. "Community member" shall mean any individual residing in this state
    28  within fifty miles of the retiring facility.
    29    2.  Creation  of  New  York  state  decommissioning oversight board or
    30  boards (each a "NYSDOB" or "board").
    31    a. A New York state decommissioning oversight board  shall  be  estab-
    32  lished  for a state retiring facility within one month after the facili-
    33  ty's future closure is noticed to the nuclear regulatory commission  and
    34  it  shall extend until: (i) the facility's entire decommissioning period
    35  is completed; (ii) all site restoration is completed  and  the  site  is
    36  released  by all governmental authorities for reuse; and (iii) all spent
    37  nuclear fuel has been removed from the site. For any  retiring  facility
    38  that  has  already  notified  the  nuclear  regulatory commission of its
    39  closure at the time of enactment of this law, a NYSDOB shall  be  estab-
    40  lished as expeditiously as possible.
    41    b. The board shall coordinate the efforts of state agencies' oversight
    42  of  the decommissioning activities to ensure the retiring facility is in
    43  compliance with all state and federal regulations and make  reports  and
    44  recommendations to state and federal officials, as needed. Additionally,
    45  the  board  shall  supervise the disbursement of the retiring facility's
    46  decommissioning trust fund, facilitate public involvement and  transpar-
    47  ency  throughout  the  decommissioning  process,  act as a forum to both
    48  disseminate information and solicit input from the public, and supervise
    49  any other aspects of decommissioning activities, spent fuel  management,
    50  and site restoration, to the full extent allowed by law.
    51    c.  Eleven  members collectively known as "agency members" shall serve
    52  on the board and will consist of: the chief  executive  officer  of  the
    53  department,  the  secretary  of state, the commissioner of environmental
    54  conservation, the commissioner of health, the director of the office  of
    55  emergency  management,  the state comptroller, the attorney general, the
    56  president and chief executive officer  of  the  New  York  state  energy

        S. 8154                             3

     1  research and development authority, the commissioner of labor, the pres-
     2  ident and chief executive officer of the power authority of the state of
     3  New  York, and the commissioner of the division of homeland security and
     4  emergency services, or their designees.
     5    d.  The  governor  shall  appoint  seven  to  ten  members ("appointed
     6  members"). The governor may consider and give preference to the  follow-
     7  ing individuals in order to provide representation to a diverse range of
     8  impacted constituents:
     9    (i) Community members who have demonstrated active engagement and have
    10  experience researching and advocating about issues related to the facil-
    11  ity;
    12    (ii) Individuals representing labor unions whose members were employed
    13  at  the  applicable  facility as of the beginning of the decommissioning
    14  period;
    15    (iii)  Individuals  representing  interested  regional   environmental
    16  organizations,  especially  those  that have been engaged in researching
    17  and advocating to address the differential effects on  any  economically
    18  disadvantaged  and environmental justice communities associated with the
    19  facility;
    20    (iv) Individuals with scientific or technical background  relevant  to
    21  nuclear power plant decommissioning or engineering;
    22    (v) Individuals engaged in local or regional emergency planning; and
    23    (vi) Local and/or regional elected officials.
    24    e. There are no term limits for the agency members, who shall serve as
    25  ex  officio  members. In order to help preserve continuity and organiza-
    26  tional memory, appointed members shall serve staggered  terms  of  three
    27  years.  If  any  appointed  member position becomes vacant, the governor
    28  shall appoint another member to fill the unexpired  term  within  ninety
    29  days  of the date of the vacancy. After two terms, each appointed member
    30  shall cycle off and be replaced by another appointee;  former  appointed
    31  members may return after a break of at least one year.
    32    f.  No  person  who holds any relationship to or financial interest in
    33  any company with an ownership or other financial interest in  any  state
    34  nuclear  plant,  including  related  or  parent companies, subsidiaries,
    35  contractors, agents, shareholders,  or  others  (as  determined  by  the
    36  state) may be appointed to the board.
    37    g.  The  board  shall  select a vice chair from among its members. The
    38  chief executive officer of the department shall serve as the chair.  The
    39  initial  term  for  the  first  vice chair shall be one year. Subsequent
    40  terms shall be for two years. In the  event  of  the  unavailability  or
    41  incapacity  of  the chair, the vice chair shall assume the duties of the
    42  chair.
    43    3. Board meetings. The board shall meet a minimum of four  times  each
    44  year at the call of the chair for the purpose of monitoring and discuss-
    45  ing  the  decommissioning  trust  fund;  decommissioning activities; the
    46  management of nuclear waste; the initial or revised post-shutdown decom-
    47  missioning activities report; any license amendment request or requests;
    48  environmental  remediation;  and  any  other  modifications,  amendments
    49  and/or  exemptions  relating  to the retiring facility, its responsibil-
    50  ities, and/or the decommissioning process.  However, once  decommission-
    51  ing  activities are complete the board may reduce the number of meetings
    52  to a minimum of once per year.
    53    a. The chair shall provide notice to all members and to the public  at
    54  least two weeks prior to any regular meeting.
    55    b.  Meetings shall be held in Albany or at a location that is accessi-
    56  ble to community members, and proximate to an applicable facility.

        S. 8154                             4

     1    c. In response to a situation in which the physical integrity  of  the
     2  facility  and/or  nuclear waste storage may have been compromised and/or
     3  damaged, an emergency meeting may be called by any member of  the  board
     4  with at least twenty-four hours notice.
     5    d. A majority of the members of the board shall constitute a quorum.
     6    e.  The  board  shall  act only by a vote of a majority of the members
     7  attending and only at meetings called as herein provided.
     8    f. All regular meetings shall be open to the public and shall  include
     9  an  opportunity for public comment. Meetings shall be recorded and shall
    10  be made available electronically for public viewing.
    11    g. During any meeting of the board, it  may  enter  executive  session
    12  with  the agreement of a majority of its membership. The public shall be
    13  notified of any executive sessions  held.  Executive  sessions  are  not
    14  included  within  the four mandatory meetings required in paragraph a of
    15  subdivision four of this section.
    16    4. Powers and duties of the board. The board shall have the  following
    17  powers and duties:
    18    a.  The  board's  functions  shall be to: (i) advise the governor, the
    19  state senate, the assembly, the agencies of the state, and the public on
    20  issues related to the decommissioning of nuclear  facilities,  including
    21  but not limited to:  short-term and long-term radioactive waste storage;
    22  site  restoration  and  future use of the site; maintenance of emergency
    23  planning and response funds before, during, and  after  decommissioning;
    24  and  plans  for ongoing oversight or rolling stewardship of the facility
    25  for as long as spent fuel or greater than class C waste  remain  at  the
    26  site; and (ii) ensure all licensee requirements are fulfilled.
    27    b. The board shall produce an annual report to advise the governor and
    28  legislature of the status of decommissioning; effects on the surrounding
    29  communities;  and  any recommendations for state action in regard to any
    30  post-shutdown  decommissioning  activities  report,  license   amendment
    31  request or requests, regulatory exemption request and/or other modifica-
    32  tion  or  amendment  relating  to  the retiring facility. It may produce
    33  additional reports or memoranda as it deems necessary (together with the
    34  annual report, the "reports").
    35    c. When a post-shutdown decommissioning  activities  report  or  other
    36  decommissioning  plan  for  the retiring facility is produced, the board
    37  shall:
    38    (i) Review the decommissioning plans and/or the  post-shutdown  decom-
    39  missioning activities report;
    40    (ii)  Alert the public to such action and provide public access to the
    41  plans and/or post-shutdown decommissioning activities report;
    42    (iii) Solicit and provide a forum for public  comment  on  such  plans
    43  and/or post-shutdown decommissioning activities report;
    44    (iv)  Develop recommendations regarding the proposed plan and/or post-
    45  shutdown decommissioning activities report, incorporating input from the
    46  public as appropriate;
    47    (v) Compile comments incorporating  the  board's  recommendations  and
    48  public comment;
    49    (vi)  Submit such comments to the nuclear regulatory commission during
    50  the applicable comment period, as necessary, and provide a copy  of  the
    51  comments  to  the  governor, the legislature, applicable state agencies,
    52  and the public.
    53    d. When any application is made to the nuclear  regulatory  commission
    54  to  transfer  or modify the facility's commercial power reactor license,
    55  including, but not limited to, license amendment request or requests  or
    56  license termination or transfer plans, or when an application is made to

        S. 8154                             5

     1  the  nuclear  regulatory  commission  for  any  other  permit or permits
     2  related to the site, such as, but not limited to, exemptions from feder-
     3  al regulations and/or the establishment or transfer  of  an  independent
     4  spent fuel storage installation, the board shall:
     5    (i) Review such applications;
     6    (ii)  Alert  the public to such applications and provide public access
     7  to the application materials;
     8    (iii) Solicit and provide a forum for public comment on such plans;
     9    (iv) Develop  recommendations  regarding  the  proposed  applications,
    10  incorporating input from the public as appropriate;
    11    (v)  Compile  comments  incorporating  the board's recommendations and
    12  public comment;
    13    (vi) Submit such comments to the nuclear regulatory commission  during
    14  the  applicable  comment period, as necessary, and provide a copy of the
    15  report to the governor, the state legislature,  applicable  state  agen-
    16  cies, and the public.
    17    e.  When  any  state agency is developing a plan or reviewing a permit
    18  application related to a retiring facility, it shall inform  the  board.
    19  The  board  may,  as it deems appropriate, review such plans or permits,
    20  solicit public comment, and produce comments or recommendations  to  the
    21  state agency.
    22    f.  The  board shall periodically review reports, including the annual
    23  audited financial statements, on  the  decommissioning  trust  fund  and
    24  other  funds  associated  with decommissioning of or site restoration at
    25  the facility, including fund balances, expenditures made, and reimburse-
    26  ments received to ensure that such funds  are  spent  according  to  all
    27  applicable laws and that no shortfalls are anticipated that might affect
    28  state, regional, or local governments. It shall advise the governor, the
    29  legislature, and the nuclear regulatory commission of any concerns.
    30    5.  Licensee requirements. The licensee shall complete decommissioning
    31  activities at the facility within forty years of retirement so that  the
    32  site can be returned to productive use.
    33    a.  The  licensee shall provide the following information to the board
    34  and the legislature within the specified timeframes:
    35    (i) As soon as possible, but no later than one week from  transmission
    36  or receipt by the licensee: a copy of any written communications and any
    37  transcripts of verbal communications between the licensee and the nucle-
    38  ar regulatory commission regarding:
    39    (1) the post-shutdown decommissioning activities report for the retir-
    40  ing facility,
    41    (2) cleanup of the existing radioactive contamination on the site,
    42    (3) the establishment of or modifications to an independent spent fuel
    43  storage installation on the site or in any other location,
    44    (4)  a  proposed  license  transfer  or modification for the facility,
    45  and/or for the storage of spent fuel at the facility.
    46    (ii) Within a week  of  their  completion:  annual  audited  financial
    47  statements,  prepared  in  compliance  with  generally accepted auditing
    48  standards adopted by the public company accounting oversight board,  for
    49  the  funds  held  in  the  decommissioning  trust  fund of the facility,
    50  including an independent analysis of whether  the  expenditures  in  the
    51  financial  year  covered were consistent with nuclear regulatory commis-
    52  sion regulatory requirements.
    53    (iii) Within two weeks of the communication of a  request:  any  other
    54  information  requested  by  the  board  that is in the possession of the
    55  licensee and relates to site reuse; the decommissioning trust fund;  the

        S. 8154                             6

     1  relevant economic interests of the state or municipalities; or is other-
     2  wise reasonably required to allow the board to complete its duties.
     3    b.  The  licensee shall not use decommissioning trust funds except for
     4  legitimate decommissioning activities as defined on the date of adoption
     5  of this legislation. As a fundamental  precept,  decommissioning  activ-
     6  ities  do  not  include  the removal, storage, management or disposal of
     7  spent nuclear fuel, legal expenses, accounting expenses,  or  any  other
     8  costs  beyond  what  is  necessary  to  terminate the nuclear regulatory
     9  commission license.
    10    6. Remaining funds. Any funds remaining in the  decommissioning  trust
    11  fund at the end of the decommissioning period shall revert to NYSERDA to
    12  be spent on renewable energy projects to benefit the service areas with-
    13  in which ratepayers contributed to the decommissioning trust fund.
    14    7.  Board members' expenses. Board members shall receive no salary for
    15  carrying out the responsibilities pursuant to this section, but shall be
    16  compensated for reasonable travel expenses exceeding two hundred miles.
    17    8. Administration of the board. a. The department shall provide admin-
    18  istrative support including scheduling  meetings  and  securing  meeting
    19  locations;   providing   notice   of  meetings;  producing  minutes  and
    20  recordings of meetings; assisting in the compilation and  production  of
    21  the  board's  annual  report;  hosting  a  public website for the board;
    22  contracting for services as requested by  vote  of  a  majority  of  the
    23  board;  and  providing  for materials and other reasonable and necessary
    24  expenses of the board as the chair of the department may find  appropri-
    25  ate.
    26    b. To support the deliberations of the board, the chair of the depart-
    27  ment shall, upon a vote of the board, contract for the services of tech-
    28  nical  or  other  consultants  to  produce, compile, and/or analyze data
    29  relating to the facility and to advise the board.
    30    9. Enforcement. Whenever, on the basis of any information available to
    31  them, the board or the attorney general finds  that  a  licensee  is  in
    32  violation  of any of the requirements listed in subdivision five of this
    33  section he or she shall issue an order requiring the licensee to  comply
    34  or bring civil action to ensure compliance.
    35    10.  Severability clause. If any provision of this law or its applica-
    36  tion to any person or circumstance is held invalid, the invalidity shall
    37  not affect other provisions or applications of this  law  which  can  be
    38  given  effect  without the invalid provision or application, and to this
    39  end the provisions of this law are severable.
    40    § 2. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law.
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