N.Y. PBA Law § 1854-A

§ 1854-a. Nuclear waste repository siting. 1. As used or referred to\nin this title: a. "Repository for the terminal storage of nuclear waste"\nshall mean a facility where nuclear waste is disposed of in such a way\nas to be permanently isolated from the environment for the period of\ntime that is necessary for such wastes to become harmless, even if such\nfacility contains a means for retrieving such wastes. This term shall\ninclude deep geological formations and any other disposal technology\nauthorized by the National Waste Terminal Storage Program, but shall not\ninclude existing nuclear waste facilities at the Western New York\nNuclear Services Center.\n b. "Nuclear waste" shall mean high level liquid radioactive wastes,\nsolid high level radioactive wastes, spent nuclear fuel elements, and\nwastes bearing quantities of transuranic elements which are not\nauthorized for burial in shallow land burial areas pursuant to\nregulation or license by the United States Nuclear Regulatory Commission\nor the state of New York pursuant to agreement with the United States\nNuclear Regulatory Commission.\n 2. No repository for the terminal storage of nuclear waste as defined\nin this section shall be sited, constructed, or operated within the\nstate, unless the legislature and the governor of the state shall be\nconsulted and shall concur by statute in the establishment of such\nrepository.\n 3. Prior to approval by the legislature the authority shall, upon the\nrequest of the governor, review any proposal for a repository for the\nterminal storage of nuclear waste and, in order to assist the governor\nand the legislature in their determinations of need and safety, the\nauthority shall:\n a. Conduct or cause to be conducted a complete study on all issues\ninvolved in the establishment of a repository for the terminal storage\nof nuclear waste, including but not limited to, all long and short term\nhealth and safety aspects, the reliability of long-term isolation, the\nrelationship between federal and state responsibility, and the potential\nstate fiscal responsibility both one time and recurring.\n b. Solicit and evaluate reports and recommendations from the state\nenergy office, department of environmental conservation, department of\npublic service, department of transportation, department of commerce,\ndepartment of health and any other state agencies that are deemed\nappropriate.\n c. Prepare and submit to the legislature an environmental impact\nstatement pursuant to article eight of the environmental conservation\nlaw.\n d. Determine whether the proposed technology and proposed site can be\nutilized for the safe and permanent disposal of nuclear waste and will\nnot result in a significant environmental hazard or other threat to the\npublic health, safety or welfare.\n e. Conduct public hearings in various parts of the state in such a way\nas to insure the widest possible input from residents of the state\nincluding but not limited to residents who live in close proximity to a\nproposed site or sites.\n f. Prepare a detailed estimate of the anticipated costs to construct\nand operate such a repository for the terminal storage of nuclear waste,\nthe extent to which such costs will be borne by the state and the time\nperiod of probable continued costs.\n