§ 29-0303 — Duties of the commission

* § 29-0303. Duties of the commission.\n 1. The commission shall immediately commence the preparation of a\nsiting and disposal method selection which shall, upon certification by\nthe department, be the site or sites and method or methods for permanent\ndisposal facilities which shall be constructed or operated by the energy\nresearch and development authority pursuant to section eighteen hundred\nfifty-four-c of the public authorities law.\n 2. The commission shall evaluate all reasonable alternative disposal\nmethods including but not limited to deep vertical shaft mined disposal\nand above ground monitored retrievable disposal and issue a report\nproviding full documentation of its evaluation of all disposal methods\nit has considered, and selecting and justifying a tentative preferred\ndisposal method and any method-specific site selection criteria. After\nopportunity for review and comment by the citizen advisory committee and\nan independent technical and scientific evaluation panel established\npursuant to subdivision eleven of this section, the commission shall\nissue a report and draft a generic, non-site specific, environmental\nimpact statement selecting and justifying a preferred disposal method\nand any related method-specific site selection criteria. The commission\nshall select as its preferred disposal method that method which is\nprojected best to meet applicable regulatory criteria and performance\nobjectives and maintain exposure to the general public as low as\nreasonably achievable, taking into account engineering and economic\nfeasibility compared to other available disposal methods. The preferred\ndisposal method and accompanying draft generic environmental impact\nstatement shall be submitted to the department as an application for\ndecision. The standards and procedures by which the department shall\nadminister the commission's application are set forth in subdivision\nfour of section 70-0117 of this chapter and implementing regulations.\nConsistent with the department's decision on preferred disposal method\nor methods, the commission shall proceed to select the site or sites for\npermanent disposal facilities in accordance with subdivisions five\nthrough eight of this section.\n 3. The commission shall issue a report concerning all lands excluded\nfrom consideration for siting permanent disposal facilities, which\nreport shall include information sufficient to permit full independent\nreview and evaluation by the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, of the basis for such\nexclusion.\n 4. The commission shall also make available for full independent\nreview and evaluation by the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, the reports and other\ndocuments which serve as the basis for or otherwise provide its detailed\nexplanation or justification for its decisions made prior to September\nfirst, nineteen hundred eighty-nine, to select or narrow the range of\nalternatives it was considering for sites for permanent disposal\nfacilities.\n 5. Upon completing the preparation of its site and final disposal\nmethod selection, the commission shall submit its application for\ncertification of this selection by the department pursuant to section\n29-0105 of this article. The commission shall simultaneously deliver a\ncopy of its draft environmental impact statement and application to the\ngovernor, the legislature, the chairman of the energy research and\ndevelopment authority, the citizen advisory committee and the county\ngovernment of each county within which was located any portion of a site\nfor which the commission conducted detailed characterization studies.\n 6. The site and disposal method selection and the application for\ncertification, together with the department's certification thereof,\nshall be considered a single action for purposes of article eight of\nthis chapter and judicial review. The commission shall prepare a draft\nenvironmental impact statement to accompany its application for\ncertification, the scope of which must be approved by the department.\nFor purposes of satisfying the requirements of article eight of this\nchapter, the department shall be the lead agency. The commission shall\nrecommend a site specific mitigation program as part of the\nenvironmental impact statement that will serve as an additional measure\nto offset adverse economic, social, and environmental impacts and serve\nas a form of compensation to the affected area.\n 7. The commission's site and disposal method selection shall identify\na site or sites and appropriate disposal method or methods for permanent\ndisposal facilities. Such site or sites shall not include the western\nNew York nuclear service center. The commission shall take into account\nthe following factors in the selection of the permanent disposal\nfacility site or sites and disposal method or methods:\n a. the nature and probability of the impacts on public health and\nsafety, including predictable adverse effects from:\n (i) accidents during transportation of low-level radioactive waste to\nsuch facilities;\n (ii) contamination of ground or surface water by leaching and runoff\nfrom such facilities; and\n (iii) fires or explosions from improper storage or disposal of\nvolatile, combustible, or potentially explosive materials, if any, which\nmay compose a portion of the low-level radioactive waste to be delivered\nto such facilities;\n b. the nature of the probable environmental impacts, including the\npredictable adverse effects on the natural environment and ecology,\nscenic, historic, agricultural, cultural, and recreational values, water\nand air quality, and wildlife;\n c. the potential for avoidance or mitigation of harm from the\nunanticipated release of low-level radioactive waste or contaminated\nmaterials;\n d. the ability for retrieval or recovery of such waste;\n e. differences in the density of population in the vicinity of the\npotential sites;\n f. the adequacy of routes and means for transportation of low-level\nradioactive waste to such facilities;\n g. the nature of the probable impact of such facilities on local\ngovernmental units within which such facilities would be located; and\n h. the comparative economic implications, including those resulting\nfrom engineering considerations, of the potential site or sites and\ndisposal methods for such facilities.\n 8. The commission shall select one site for a permanent disposal\nfacility after consideration of all relevant public health and safety,\nenvironmental and economic factors, provided, however, that an\nadditional site may be selected if the commission finds that the use of\nan additional site presents specific advantages with respect to such\nfactors. To the extent the commission determines that different disposal\nmethods are appropriate for different categories of low-level\nradioactive waste with differing physical or chemical characteristics,\nthe commission may select more than one disposal method to be utilized\nat each particular site, specifying the particular disposal methods to\nbe utilized at such site for particular categories of such waste;\nprovided that utilization of the disposal methods selected at the site\nselected shall be capable of meeting or exceeding applicable\nrequirements of state and federal regulations. The site or sites\nselected shall be of sufficient capacity to provide for disposal, using\nthe selected disposal methods, of all low-level radioactive waste\nestimated by the commission to be generated in New York and to require\ndisposal at low-level radioactive waste management facilities for a\nperiod of at least thirty years.\n 9. In performing its duties, the commission shall hold periodic\nmeetings which shall be publicly noticed pursuant to article seven of\nthe public officers law.\n 10. Whenever the commission makes a decision to:\n (i) select, or narrow the range of alternatives it is considering for,\ndisposal methods or sites for permanent disposal facilities,\n (ii) establish the plans for pre-characterizing or characterizing, or\notherwise gathering site-specific data for, candidate sites for\npermanent disposal facilities, or\n (iii) project the types, quantities, or activity levels of low-level\nradioactive wastes which might be disposed of at permanent disposal\nfacilities,\nit shall promptly issue a report or other document which serves as the\nbasis for or otherwise provides its detailed explanation or\njustification for that decision. Such report or other document shall\ninclude information sufficient to permit full independent review and\nevaluation by the department, the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, of the nature, sources,\nand quality of any specific data relied upon, the nature of assumptions\nmade, and the specific analytical methods, procedures, or techniques\nemployed, including modelling and calculations performed, and any other\ninformation and analyses upon which the commission would intend to rely\nin justifying its decisions to any reviewing body. The report shall be\nmade available to the public upon request. The commission shall\nsimultaneously have published in the state register, and send to any\nperson who has requested to be placed on the commission's mailing list,\nnotice of availability of that report or other document and provide a\ncopy of the report or other document to the governor, the speaker of the\nassembly, the majority leader of the senate, the minority leader of the\nassembly, the minority leader of the senate, the citizen advisory\ncommittee, and any independent technical and scientific evaluation panel\nestablished pursuant to subdivision eleven of this section.\n 11. Pursuant to contract, the department of health shall arrange to\nhave one or more independent panels of technical and scientific experts\nreview and evaluate the commission's decision and report on its\nselection of a tentative preferred disposal method and decisions and\nreport on lands excluded from consideration for siting permanent\ndisposal facilities, issued in accordance with subdivisions two and\nthree of this section, and each other decision made and related report\nissued by the commission pursuant to subdivision four or ten of this\nsection. For each such commission decision and report, the independent\ntechnical and scientific evaluation panel or panels shall assess the\nnature, sources and quality of any specific data the commission relied\nupon, the nature of assumptions made, and the specific analytical\nmethods, procedures or techniques employed, including modelling and\ncalculations performed, and any other information and analyses relied\nupon for the commission's decision. The department of health may engage\nmore than one panel to assess a commission decision and report, in order\nto provide for complete coverage of those matters in the review and\nevaluation of that decision and report. Upon completion of each such\nreview and evaluation, any independent technical and scientific\nevaluation panel shall provide a written report containing its findings,\nconclusions and recommendations to the commission, the citizen advisory\ncommittee, the department of health and the department of environmental\nconservation.\n 12. Whenever the commission receives written comments or a report from\nthe citizen advisory committee or any independent technical and\nscientific evaluation panel established pursuant to subdivision eleven\nof this section, it shall provide a detailed written response, within a\nreasonable time, addressing the points made in the comments or report.\nUpon receipt of any such report the commission shall cause it to be made\navailable to the public upon request and submitted to the governor, the\nmajority leader of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly. Notice of\nsuch report shall be published by the commission in the state register\nand sent to any person who has requested to be placed on the\ncommission's mailing list.\n * NB Commission existence pursuant to § 29-0309\n