Appendix H Federal and New York State Low-Level Radioactive Waste Management Acts

  1. Low-Level Radioactive Waste Policy Act. 1980 (P.L. 96-573, December 23). United States Statutes at Large 94:3347-3349.
  2. Low-Level Radioactive Waste Policy Amendments Act of 1985. 1986 (P.L. 99-240, Title I, January 15, 1986). United States Statutes at Large 99:1842-1859. (From the LEXIS® Online Service. Reformatted for this publication. Reprinted with the permission of LEXIS-NEXIS, a division of Reed Elsevier Inc.)
  3. New York State Low-Level Radioactive Waste Management Act. Laws of the State of New York, Chapter 673 (July 26):2801-2817.


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--> Appendix H Federal and New York State Low-Level Radioactive Waste Management Acts Low-Level Radioactive Waste Policy Act. 1980 (P.L. 96-573, December 23). United States Statutes at Large 94:3347-3349. Low-Level Radioactive Waste Policy Amendments Act of 1985. 1986 (P.L. 99-240, Title I, January 15, 1986). United States Statutes at Large 99:1842-1859. (From the LEXIS® Online Service. Reformatted for this publication. Reprinted with the permission of LEXIS-NEXIS, a division of Reed Elsevier Inc.) New York State Low-Level Radioactive Waste Management Act. Laws of the State of New York, Chapter 673 (July 26):2801-2817.

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--> 1. Low-Level Radioactive Waste Policy Act of 1980 For Legislative History of this and other Laws, see Table 1, Public Laws and Legislative History, at end of final volume An Act to set forth a Federal policy for the disposal of low-level radioactive wastes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Short Title SECTION 1. This Act may be cited as the ''Low-Level Radioactive Waste Policy Act". Definitions SEC. 2. As used in this Act— (1)   The term "disposal" means the isolation of low-level radioactive waste pursuant to requirements established by the Nuclear Regulatory Commission under applicable laws. (2)   The term "low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11 e. (2) of the Atomic Energy Act of 1954. (3)   The term "State" means any State of the United States, the District of Columbia, and, subject to the provisions of Public Law 96-205, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (4)   For purposes of this Act the term "atomic energy defense activities of the Secretary" includes those activities and facilities of the Department of Energy carrying out the function of— (i)   Naval reactors development and propulsion, (ii)   weapons activities, verification and control technology, (iii)   defense materials production, (iv)   inertial confinement fusion, (v)   defense waste management, and (vi)   defense nuclear materials security and safeguards (all as included in the Department of Energy appropriations account in any fiscal year for atomic energy defense activities). General Provisions SEC 3. (a)   Compacts established under this Act or actions taken under such compacts shall not be applicable to the transportation, management, or disposal of low-level radioactive waste from atomic energy defense activities of the Secretary or Federal research and development activities. (b)   Any facility established or operated exclusively for the disposal of low-level radioactive waste produced by atomic energy defense activities of the Secretary or Federal research and development

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--> activities shall not be subject to compacts established under this Act or actions taken under such compacts. Low-Level Radioactive Waste Disposal SEC. 4. (a)     (1)   It is the policy of the Federal Government that— (A)   each State is responsible for providing for the availability of capacity either within or outside the State for the disposal of low-level radioactive waste generated within its borders except for waste generated as a result of defense activities of the Secretary or Federal research and development activities; and (B)   low-level radioactive waste can be most safely and efficiently managed on a regional basis. (2)     (A)   To carry out the policy set forth in paragraph (1), the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste. (B)   A compact entered into under subparagraph (A) shall not take effect until the Congress has by law consented to the compact. Each such compact shall provide that every 5 years after the compact has taken effect the Congress may by law withdraw its consent. After January 1, 1986, any such compact may restrict the use of the regional disposal facilities under the compact to the disposal of low-level radioactive waste generated within the region. (b)     (1)   In order to assist the States in carrying out the policy set forth in subsection (a)(1), the Secretary shall prepare and submit to Congress and to each of the States within 120 days after the date of the enactment of this Act a report which— (A)   defines the disposal capacity needed for present and future low-level radioactive waste on a regional basis; (B)   defines the status of all commercial low-level radioactive waste disposal sites and includes an evaluation of the license status of each such site, the state of operation of each site, including operating history, an analysis of the adequacy of disposal technology employed at each site to contain low-level radioactive wastes for their hazardous lifetimes, and such recommendations as the Secretary considers appropriate to assure protection of the public health and safety from wastes transported to such sites; (C)   evaluates the transportation requirements on a regional basis and in comparison with performance of present transportation practices for the shipment of low-level radioactive wastes, including an inventory of types and quantities of low-level wastes, and evaluation of shipment requirements for each type of waste and an evaluation of the ability of generators, shippers, and carriers to meet such requirements; and (D)   evaluates the capability of the low-level radioactive waste disposal facilities owned and operated by the Department of Energy to provide interim storage for commercially generated low-level waste and estimates the costs associated with such interim storage.

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--> (2)   In carrying out this subsection, the Secretary shall consult with the Governors of the States, the Nuclear Regulatory Commission, the Environmental Protection Agency, the United States Geological Survey, and the Secretary of Transportation, and such other agencies and departments as he finds appropriate. Approved December 22, 1980.     LEGISLATIVE HISTORY.     SENATE REPORT No. 96-548 (Comm. on Energy and Natural Resources).     CONGRESSIONAL RECORD, Vol. 126 (1980):     July 28-30, considered and passed Senate.     Dec. 3, H.R. 8378 considered and passed House; passage vacated and S. 2189, amended, passed in lieu.     Dec. 13, Senate agreed to the House amendment with amendments; House agreed to Senate amendments.

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--> 2. Low-Level Radioactive Waste Policy Amendments Act of 1985 An Act To amend the Low-Level Radioactive Waste Policy Act to improve procedures for the implementation of compacts providing for the establishment and operation of regional disposal facilities for low-level radioactive waste; to grant the consent of the Congress to certain interstate compacts on low-level radioactive waste; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Title I—Low-Level Radioactive Waste Policy Amendments Act of 1985 Sec. 101. Short Title This Title may be cited as the "Low-Level Radioactive Waste Policy Amendments Act of 1985". Sec. 102. Amendment to the Low-Level Radioactive Waste Policy Act. The Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.) is amended by striking out sections 1, 2, 3, and 4 and inserting in lieu thereof the following: "Section 1. Short Title. "This Act may be cited as the 'Low-Level Radioactive Waste Policy Act'. " "Sec. 2. Definitions. "For purposes of this Act: "(1) AGREEMENT STATE—The term 'agreement State' means a State that— "(A) has entered into an agreement with the Nuclear Regulatory Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); and "(B) has authority to regulate the disposal of low-level radioactive waste under such agreement. "(2) ALLOCATION.—The term 'allocation' means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under this Act.

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--> ''(3) COMMERCIAL NUCLEAR POWER REACTOR.—The term 'commercial nuclear power reactor' means any unit of a civilian light-water moderated utilization facility required to be licensed under section 103 or 104b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2134(b)). "(4) COMPACT.—The term 'compact' means a compact entered into by two or more States pursuant to this Act. "(5) COMPACT COMMISSION.—The term 'compact commission' means the regional commission, committee, or board established in a compact to administer such compact. "(6) COMPACT REGION.—The term 'compact region' means the area consisting of all States that are members of a compact. "(7) DISPOSAL.—The term 'disposal' means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State. "(8) GENERATE.—The term 'generate', when used in relation to low-level radioactive waste, means to produce low-level radioactive waste. "(9) LOW-LEVEL RADIOACTIVE WASTE.—The term 'low-level radioactive waste' means radioactive material that— "(A) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2))); and "(B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste. "(10) NON-SITED COMPACT REGION.—The term 'non-sited compact region' means any compact region that is not a sited compact region. "(11) REGIONAL DISPOSAL FACILITY.—The term 'regional disposal facility' means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985, or subsequently established and operated under a compact. "(12) SECRETARY.—The term 'Secretary' means the Secretary of Energy. "(13) SITED COMPACT REGION.—The term 'sited compact region' means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada. "(14) STATE.—The term 'State' means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

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--> "Sec. 3. Responsibilities for Disposal of Low-Level Radioactive Waste. "SECTION 3(a)(1) STATE RESPONSIBILITIES.—Each State shall be responsible for providing, either by itself or in cooperation with other States, for the disposal of— "(A) low-level radioactive waste generated within the State (other than by the Federal Government) that consists of or contains class A, B, or C radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983; "(B) low-level radioactive waste described in subparagraph (A) that is generated by the Federal Government except such waste that is— "(i) owned or generated by the Department of Energy; "(ii) owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy; or "(iii) owned or generated as a result of any research, development, testing, or production of any atomic weapon; and "(C) low-level radioactive waste described in subparagraphs (A) and (B) that is generated outside of the State and accepted for disposal in accordance with sections 5 or 6. "(2) No regional disposal facility may be required to accept for disposal any material— "(A) that is not low-level radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983, or "(B) identified under the Formerly Utilized Sites Remedial Action Program. Nothing in this paragraph shall be deemed to prohibit a State, subject to the provisions of its compact, or a compact region from accepting for disposal any material identified in subparagraph (A) or (B). "(b)(1) The Federal Government shall be responsible for the disposal of— "(A) low-level radioactive waste owned or generated by the Department of Energy; "(B) low-level radioactive waste owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy; "(C) low-level radioactive waste owned or generated by the Federal Government as a result of any research, development, testing, or production of any atomic weapon; and "(D) any other low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Commission for class C

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--> radioactive waste, as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983. "(2) All radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(1)(D) that results from activities licensed by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, shall be disposed of in a facility licensed by the Nuclear Regulatory Commission that the Commission determines is adequate to protect the public health and safety. "(3) Not later than 12 months after the date of enactment of this Act, the Secretary shall submit to the Congress a comprehensive report setting forth the recommendations of the Secretary for ensuring the safe disposal of all radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(1)(D). Such report shall include— "(A) an identification of the radioactive waste involved, including the source of such waste, and the volume, concentration, and other relevant characteristics of such waste; "(B) an identification of the Federal and non-Federal options for disposal of such radioactive waste; "(C) a description of the actions proposed to ensure the safe disposal of such radioactive waste; "(D) a description of the projected costs of undertaking such actions; "(E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of such radioactive wastes bear all reasonable costs of disposing of such wastes; and "(F) an identification of any statutory authority required for disposal of such waste. "(4) The Secretary may not dispose of any radioactive waste designated a Federal responsibility pursuant to paragraph (b)(1)(D) that becomes a Federal responsibility for the first time pursuant to such paragraph until ninety days after the report prepared pursuant to paragraph (3) has been submitted to the Congress. "Sec. 4. Regional Compacts for Disposal of Low-Level Radioactive Waste. "(a) IN GENERAL.— "(1) FEDERAL POLICY.—It is the policy of the Federal Government that the responsibilities of the States under section 3 for the disposal of low-level radioactive waste can be most safely and effectively managed on a regional basis. "(2) INTERSTATE COMPACTS.—To carry out the policy set forth in paragraph (1), the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste.

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--> "(b) APPLICABILITY TO FEDERAL ACTIVITIES.— "(1) IN GENERAL.— "(A) ACTIVITIES OF THE SECRETARY.—Except as provided in subparagraph (B), no compact or action taken under a compact shall be applicable to the transportation, management, or disposal of any low-level radioactive waste designated in section 3(a)(1)(B) (i)-(iii). "(B) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF AT NON-FEDERAL FACILITIES.—Low-level radioactive waste owned or generated by the Federal Government that is disposed of at a regional disposal facility or non-Federal disposal facility within a State that is not a member of a compact shall be subject to the same conditions, regulations, requirements, fees, taxes, and surcharges imposed by the compact commission, and by the State in which such facility is located, in the same manner and to the same extent as any low-level radioactive waste not generated by the Federal Government. "(2) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES.—Any low-level radioactive waste disposal facility established or operated exclusively for the disposal of low-level radioactive waste owned or generated by the Federal Government shall not be subject to any compact or any action taken under a compact. "(3) EFFECT OF COMPACTS ON FEDERAL LAW.—Nothing contained in this Act or any compact may be construed to confer any new authority on any compact commission or State— "(A) to regulate the packaging, generation, treatment, storage, disposal, or transportation of low-level radioactive waste in a manner incompatible with the regulations of the Nuclear Regulatory Commission or inconsistent with the regulations of the Department of Transportation; "(B) to regulate health, safety, or environmental hazards from source material, byproduct material, or special nuclear material; "(C) to inspect the facilities of licensees of the Nuclear Regulatory Commission; "(D) to inspect security areas or operations at the site of the generation of any low-level radioactive waste by the Federal Government, or to inspect classified information related to such areas or operations; or "(E) to require indemnification pursuant to the provisions of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act), or section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly referred to as the Price-Anderson Act), whichever is applicable. "(4) FEDERAL AUTHORITY.—Except as expressly provided in this Act, nothing contained in this Act or any compact may be construed to limit the applicability of any Federal law or to diminish or otherwise impair the

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--> jurisdiction of any Federal agency, or to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact. "(5) STATE AUTHORITY PRESERVED.—Except as expressly provided in this Act, nothing contained in this Act expands, diminishes, or otherwise affects State law. "(c) Restricted Use of Regional Disposal Facilities.—Any authority in a compact to restrict the use of the regional disposal facilities under the compact to the disposal of low-level radioactive waste generated within the compact region shall not take effect before each of the following occurs: "(1) January 1, 1986; and "(2) the Congress by law consents to the compact. "(d) Congressional Review.—Each compact shall provide that every 5 years after the compact has taken effect the Congress may by law withdraw its consent. "Sec. 5. Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods. "(a) AVAILABILITY OF DISPOSAL CAPACITY.— "(1) PRESSURIZED-WATER AND BOILING WATER REACTORS.—During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of subsections (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for low-level radioactive waste generated by pressurized water and boiling water commercial nuclear power reactors in accordance with the allocations established in subsection (c). "(2) OTHER SOURCES OF LOW-LEVEL RADIOACTIVE WASTE.—During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of subsections (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for low-level radioactive waste generated by any source not referred to in paragraph (1). "(3) ALLOCATION OF DISPOSAL CAPACITY.— "(A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, low-level radioactive waste generated within a sited compact region shall be accorded priority under this section in the allocation of available disposal capacity at a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) and located in the sited compact region in which such waste is generated. "(B) Any State in which a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) is located may, subject to the

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--> provisions of its compact, prohibit the disposal at such facility of low-level radioactive waste generated outside of the compact region if the disposal of such waste in any given calendar year, together with all other low-level radioactive waste disposed of at such facility within that same calendar year, would result in that facility disposing of a total annual volume of low-level radioactive waste in excess of 100 per centum of the average annual volume for such facility designated in subsection (b): Provided, however, That in the event that all three States in which regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b) act to prohibit the disposal of low-level radioactive waste pursuant to this subparagraph, each such State shall, in accordance with any applicable procedures of its compact, permit, as necessary, the disposal of additional quantities of such waste in increments of 10 per centum of the average annual volume for each such facility designated in subsection (b). "(C) Nothing in this paragraph shall require any disposal facility or State referred to in paragraphs (1) through (3) of subsection (b) to accept for disposal low-level radioactive waste in excess of the total amounts designated in subsection (b). "(4) CESSATION OF OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY.—No provision of this section shall be construed to obligate any State referred to in paragraphs (1) through (3) of subsection (b) to accept low-level radioactive waste from any source in the event that the regional disposal facility located in such State ceases operations. "(b) LIMITATIONS.—The availability of disposal capacity for low-level radioactive waste from any source shall be subject to the following limitations: "(1) BARNWELL, SOUTH CAROLINA.—The State of South Carolina, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at Barnwell, South Carolina to a total of 8,400,000 cubic feet of low-level radioactive waste during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 1,200,000 cubic feet of low-level radioactive waste). "(2) RICHLAND, WASHINGTON.—The State of Washington, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at Richland, Washington to a total of 9,800,000 cubic feet of low-level radioactive waste during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 1,400,000 cubic feet of low-level radioactive waste). "(3) BEATTY, NEVADA.—The State of Nevada, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste

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--> Title 1 Siting Section 29-0101. Definitions. 29-0103. Siting criteria for permanent disposal facilities. 29-0105. Certification of site and disposal method selection. § 29-0101. Definitions. For the purposes of this article: 1.   ''Low-level radioactive waste" means radioactive material that: a.   is not high-level radioactive waste, transuranic waste, spent nuclear fuel, or the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and b.   the United States nuclear regulatory commission, consistent with federal law and in accordance with paragraph a of this subdivision, classifies as low-level radioactive waste. 2.   "Low-level radioactive waste management facilities" means facilities authorized pursuant to section eighteen hundred fifty-four-c of the public authorities law for permanent disposal of low-level radioactive waste and any associated facilities for treatment and handling of such waste, including, but not limited, to facilities for purposes of stabilization, volume reduction, or protection of health and safety of workers or members of the public from potential exposure to hazards. 3.   "Permanent disposal facilities" means low-level radioactive waste management facilities for permanent disposal of low-level radioactive waste generated within the state of New York, other than such waste which is a federal responsibility pursuant to the provisions of federal law pertaining to state and federal responsibilities for disposal of low-level radioactive waste. 4.   "Shallow land burial" means emplacement of low-level radioactive waste in or within the upper thirty meters of the surface of the earth in trenches, holes, or other excavations in which only soil provides structural integrity, a barrier to migration of low-level radioactive waste from or subsurface water into such excavation, or a barrier to entry of surface water to such excavation or in a manner that fails to allow during the institutional control period for monitoring and control of releases of radioactivity. 5.   "State agency" means any office, department, board, commission, bureau, division, council, authority, corporation, agency, or instrumentality of the state. 6.   "Commission" means the commission for siting low-level radioactive waste disposal facilities created pursuant to section 29-0301 of this article. § 29-0103. Siting criteria for permanent disposal facilities. 1.   No later than July thirty-first, nineteen hundred eighty-seven, the department shall publish draft regulations which specify the criteria for siting permanent disposal facilities and shall promulgate final regulations no later than December thirty-first, nineteen hundred eighty-seven. Such regulations shall be specific to the types of disposal methods which may be employed at a permanent disposal site and shall include criteria for: a.   above ground, engineered, monitored disposal; b.   underground mined repository disposal; and c.   where practicable, other disposal methods for which there are applicable regulations but in no event including shallow land burial. Such regulations shall specify the minimum characteristics a disposal site and a disposal method must have under existing federal and state law to be acceptable for use for permanent disposal facilities. 2.   The department shall hold hearings on the proposed siting criteria regulations. 3.   In adopting-the siting criteria regulations the department shall not be subject to the requirements of sections two hundred two-a, two hundred two-b and two hundred two-c of the state administrative procedure act. 4.   The siting criteria regulations shall not be subject to the review and approval of the environmental board. § 29-0105. Certification of site and disposal method selection.     EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

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--> 1.   Upon application by the commission, the department shall certify that the commission's selection of the site or sites and disposal method or methods pursuant to section 29-0305 of this article is in conformance with the applicable siting criteria promulgated pursuant to section 29-0103 of this title; shall certify that, with modifications proposed by the department, the selection would be in conformance with the applicable siting criteria; or shall refuse to certify such selection and shall specify the manner in which such selection fails to meet the applicable siting criteria. Such certification or refusal to certify shall be based upon the record. The department shall hold public hearings with respect to the draft environmental impact statement and with respect to the application for certification. Such hearings and such certification or refusal to certify shall be completed within one hundred eighty days of the commission's submission of a complete application for certification. 2.   The department shall publish in the state register notice of its decision on the application for certification of the site and disposal method selection. 3.   The department's decision on the application for certification of the site and disposal method selection and the accompanying final environmental impact statement shall be submitted by the department to the governor, the legislature, and the chairman of the New York state energy research and development authority. In addition to any other information otherwise required for a final environmental impact statement, such statement shall include: a.   copies of the minutes of the public hearing held on the draft environmental impact statement on siting and disposal method selection and of recommendations from the advisory committee established pursuant to section 29-0501 of this article, and the department's responses to the views, comments, information, and recommendations therein; and b.   a listing providing a brief description, identification, or reference for each report, study, or other document relied upon by the department for information supporting its analyses or conclusions Title 3 Commission for Siting Low-Level Radioactive Waste Disposal Facilities Section 29-0301. Appointment of the commission. 29-0303. Duties of the commission. 29-0305. Operation of the commission. 29-0307. Cooperation with other agencies. 29-0309. Tenure of the commission. § 29-0301. Appointment of the commission. 1.   There is hereby created a commission for siting low-level radioactive waste disposal facilities. The commission shall consist of five members appointed by the governor whose appointment shall be effective when issued. The members of the commission, to the extent practicable, shall be competent and knowledgeable concerning low-level radioactive waste and shall be qualified as follows: a.   a geologist; b.   a medical doctor; c.   a health physicist; d.   a professional engineer; e.   a private citizen who shall be designated to act as chairperson. 2.   The chairperson shall appoint an executive director to the commission. 3.   In the event of resignation of one of the commission members, the governor shall appoint a replacement Each member shall receive the sum of two hundred dollars for each day in which the member is actually and primarily engaged in the performance of the duties specified herein plus actual and necessary expenses incurred by such member in the performance of such duties. 4.   The members of the commission, the executive director and any employees of the commission shall be considered public officers for purposes of the public officers law. 5.   Three of the five members of the commission shall constitute a quorum for the transaction of business of the commission and the decision of three members of the commission shall constitute action of the commission; provided, however, that no application for certification

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--> pursuant to section 29-0105 of this article shall be made except upon the affirmative vote of three or more members of the commission. § 29-0305. Duties of the commission. 1.   The commission shall immediately commence the preparation of a siting and disposal method selection which shall, upon certification by the department, be the site or sites and method or methods for permanent disposal facilities which shall be constructed or operated by the energy research and development authority pursuant to section eighteen hundred fifty-four-c of the public authorities law. 2.   No later than the first day of December, nineteen hundred eighty-eight, the commission shall complete the preparation of its site and disposal method selection and shall submit its application for certification of this selection by the department pursuant to section 29-0105 of this article. The commission shall simultaneously deliver a copy of its draft environmental impact statement and application to the governor, the legislature and the chairman of the energy research and development authority. 3.   The site and disposal method selection and the application for certification, together with the department's certification thereof, shall be considered a single action for purposes of article eight of this chapter and judicial review. The commission shall prepare a draft environmental impact statement to accompany its application for certification, the scope of which must be approved by the department. For purposes of satisfying the requirements of article eight of this chapter, the department shall be the lead agency. 4.   The commission's site and disposal method selection shall identify a site or sites and appropriate disposal method or methods for permanent disposal facilities. Such site or sites shall not include the western New York nuclear service center. The commission shall take into account the following factors in the selection of the permanent disposal facility site or sites and disposal method or methods: a.   the nature and probability of the impacts on public health and safety, including predictable adverse effects from: (i)   accidents during transportation of low-level radioactive waste to such facilities; (ii)   contamination of ground or surface water by leaching and runoff from such facilities; and (iii)   fires or explosions from improper storage or disposal of volatile, combustible, or potentially explosive materials, if any, which may compose a portion of the low-level radioactive waste to be delivered to such facilities; b.   the nature of the probable environmental impacts, including the predictable adverse effects on the natural environment and ecology, scenic, historic, cultural, and recreational values, water and air quality, and wildlife; c.   the potential for avoidance or mitigation of harm from the unanticipated release of low-level radioactive waste or contaminated materials; d.   the ability for retrieval or recovery of such waste; e.   differences in the density of population in the vicinity of the potential sites; f.   the adequacy of routes and means for transportation of low-level radioactive waste to such facilities; g.   the nature of the probable impact of such facilities on local governmental units within which such facilities would be located; and h.   the comparative economic implications, including those resulting from engineering considerations, of the potential site or sites and disposal methods for such facilities. 5.   The commission shall select one site for a permanent disposal facility after consideration of all relevant public health and safety, environmental and economic factors, provided, however, that an additional site may be selected if the commission finds that the use of an additional site presents specific advantages with respect to such factors. To the extent the commission determines that different disposal methods are appropriate for different categories of low-level radioactive waste with differing physical or chemical characteristics, the commission may select more than one disposal method to be utilized at each particular site, specifying the particular disposal methods to be uti     EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

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--> lized at such site for particular categories of such waste; provided that utilization of the disposal methods selected at the site selected shall be capable of meeting or exceeding applicable requirements of state and federal regulations. The site or sites selected shall be of sufficient capacity to provide for disposal, using the selected disposal methods, of all low-level radioactive waste estimated by the commission to be generated in New York and to require disposal at low-level radioactive waste management facilities for a period of at least thirty years. 6.   In performing its duties, the commission shall hold periodic meetings which shall be publicly noticed pursuant to article seven of the public officers law. § 29-0305. Operation of the commission. 1.   The commission may hire or contract with such persons as it deems necessary, convenient, or desirable to carry out its duties pursuant to this title. 2.   Officers and employees of the commission shall be. appointed in accordance with civil service rules; provided, however, that officers and employees of state departments and agencies may be transferred to the commission without examination and without loss of any civil service status or rights. Each employee who is transferred pursuant to this subdivision is deemed to be on leave of absence from his or her former position during the tenure of the commission. No such transfer may, however, be made except with the approval of the head of the state department or agency involved, the director of the budget and the chairman of the commission, and in compliance with the rules and regulations of the civil service commission of the state. 3.   The commission, its employees, agents, consultants, or contractors may, after proper notification and identification. enter at reasonable times upon such lands, waters or premises as in the judgment of the commission may be necessary, convenient, or desirable for the purpose of making surveys, soundings, borings. and examinations to accomplish any purposes authorized by this title, the commission being liable for actual damage done. Each such entry shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples prior to his leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. § 29-0307. Cooperation with other agencies. 1.   All agencies and authorities of the state, municipalities, and political subdivisions of the state are hereby directed to cooperate with the commission in order to facilitate and expedite the responsibilities and duties of the commission. To the extent practicable and not otherwise inconsistent with law and upon the request of the commission, any agency or authority of the state shall provide copies of existing studies, surveys, plans, data, and other materials in its possession to the commission. 2.   The commission shall assure that the advisory committee appointed pursuant to section 29-0501 of this article has a timely opportunity to provide information and recommendations to the commission on all aspects of its activities pursuant to section 29-0303 of this title. 3.   In consultation and cooperation with the advisory committee established pursuant to section 29-0501 of this article, the commission shall keep the public informed of its activities in developing the draft environmental impact statement required by section 29-0303 of this title and encourage the public to participate by providing views. comments, information, and analysis concerning siting and disposal method selection for permanent disposal facilities. 4.   The department of audit and control and the department of law are hereby directed to expedite the processing of all contracts associated with carrying out the provisions of this section. § 29-0309. Tenure of the commission. The commission shall continue in existence only until final judicial review of the department's certification of the commission's selection pursuant to section 29-0105 of this article.

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--> Title 5 Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection Section 29-0501. Advisory committee on permanent disposal facilities siting and disposal method selection. 29-0503. State agency actions on licenses, permits, or approvals for low-level radioactive waste management facilities. 29-0505. General provisions on environmental review and judicial review. 29-0507. State licenses, permits, and other approvals exclusive. 29-0509. Aid to local governments. § 29-0501. Advisory committee on permanent disposal facilities siting and disposal method selection. 1.   An advisory committee on siting and disposal method selection for permanent disposal facilities is hereby established within the commission and shall continue in existence until the department has issued its final environmental impact statement pursuant to section 29-0105 of this article. The members shall be appointed by the governor and shall consist of: the state geologist; the commissioners of health, labor, the state energy office, and transportation and the secretary of state, or their respective designees; two representatives of non-profit environmental organizations; two health physicists or medical doctors knowledgeable* of radiation health effects; two representatives of low-level radioactive waste generators in New York; a private citizen residing in New York who is technically competent and knowledgeable concerning low-level radioactive waste; and, upon issuance of the commission's draft environmental impact statement pursuant to section 29-0303 of this article, three private citizens from the county within which each proposed site is primarily located. The governor shall designate the chairman from among the members of the committee not serving in an ex officio capacity. The chairman of the committee shall designate a person to serve as executive secretary to the advisory committee. The chairman of the commission shall make staff of the commission available to support the committee in carrying out its responsibilities. No member shall receive any compensation, but shall be entitled to reimbursement by the commission for actual and necessary expenses in performing the duties of the advisory committee. 2.   The advisory committee shall: a.   meet at least bi-monthly to provide information and review and assist activities of the commission and the department pursuant to sections 29-0103, 29-0105, 29-0303 and 29-0509 of this article and to receive a written report from the commission, the department and the energy research and development authority on plans and progress in carrying out activities and duties pursuant to the low-level radioactive waste management act. In particular, the advisory committee shall provide information and recommendations in response to the commission's draft environmental impact statement filed pursuant to subdivision three of section 29-0103 of this article, including reviewing public views, comments, and information submitted in response thereto; b.   review and comment semi-annually on the commission's plans and schedule for carrying out the provisions of section 29-0303 of this article; c.   have minutes taken of each meeting of the advisory committee and make them available to the public within ten working days from the date of the meeting; d.   consult with and advise the commissioner of health in planning and carrying out a public information and education program on low-level radioactive waste pursuant to the provisions of article twenty-four-C of the public health law; and e.   exercise and perform such other advisory functions related to the commission's or the department's activities conducted pursuant to sections 29-0103, 29-0105, 29-0303 and 29-0509 of this article as the *   So in original. (Word misspelled.)     EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

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--> chairman of the commission or commissioner of environmental conservation may request. 3.   All agencies and authorities of the state are hereby directed to cooperate with the advisory committee in order to facilitate and expedite the responsibilities and duties of the commission. § 29-0503. State agency actions on licenses, permits, or approvals for low-level radioactive waste management facilities. 1.   With respect to any particular permanent disposal facilities, all applications for state licenses, permits, or other approvals required for those facilities shall be submitted contemporaneously to the respective state agencies with jurisdiction to grant such licenses, permits, or other approvals; and shall be accompanied by a draft environmental impact statement for those facilities and a list identifying each state license, permit. or other approval for which such applications have been submitted and the jurisdictional state agency for such license, permit, or other approval. 2.   Notwithstanding any other provision of law, all applications to a single state agency for required state licenses, permits, or other approvals for particular low-level radioactive waste management facilities shall be consolidated by such state agency and considered in a single proceeding, which shall be completed as expeditiously as possible. 3.   All state agencies to which applications for required licenses, permits, or other approvals for particular low-level radioactive waste management facilities have been submitted shall keep each other informed of the procedural status of such applications and the proceedings thereon. 4.   With respect to the proceedings on applications for required state licenses, permits, and other approvals for particular low-level radioactive waste management facilities: a.   If any such license, permit, or other approval for the particular low-level radioactive waste management facilities in question is within the jurisdiction of the department, the department shall be the lead agency with respect to environmental review of all applications to state agencies for such licenses, permits, or other approvals. b.   No later than thirty days after submission to the lead agency and other state agencies of such applications, the lead agency and each such other state agency shall give notice to the applicant that such applications within their respective jurisdictions have been determined to be complete or have been determined to be incomplete; provided, however, that when there is a requirement pursuant to federal law for a tentative determination or draft permit to be prepared prior to public notice or hearing, the time within which the agency shall make its determination whether or not the application is complete shall be extended by thirty days. If any such application has been determined to be incomplete, such notice shall include a detailed list of specific deficiencies in such application. c.   No later than sixty days after the lead agency and other jurisdictional state agencies have made their respective determinations that such applications within their respective jurisdictions are complete, the lead agency shall begin public hearings on the draft environmental impact statement and a11 other matters related to such applications. Any state agency, other than the lead agency, which determines to conduct public hearings with respect to any action or proceeding before. it on such applications shall conduct such public hearings jointly with the public hearings conducted by the lead agency with respect to such facilities. The department shall hold an issues conference prior to the commencement of the hearing. At least one hearing shall be held at a reasonably convenient location in the general geographic vicinity of each of the proposed sites. d.   No later than one hundred fifty days after the commencement of such hearings for any low-level radioactive waste management facilities, such hearings and the period for the receipt of any written comments, arguments. or analyses with respect to matters raised in such hearings shall have been completed. e.   No later than ninety days after completion of such hearings and the period for the receipt of written comments, arguments, or analyses with respect to matters raised in such hearings, the lead agency shall issue a final environmental impact statement related to the applications which were the subject of such hearings. In addition to any other information otherwise required for a final environmental impact statement, such statement shall include:

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--> (i)   Copies of the minutes of the public hearings held on the draft environmental impact statement associated with a state agency action on a license, permit, or approval for a low-level radioactive waste management facility, and the department's responses to the views, comments, information and recommendations thereon; and (ii)   A listing providing a brief description, identification, or reference for each report, study, or other document relied upon by the department for information supporting its analyses or conclusions. f.   The lead agency shall keep each other state agency before which any such application is pending informed of the progress of its development of the final environmental impact statement. Immediately upon issuance of the final environmental impact statement, the lead agency shall deliver a copy to each such other state agency. No later than thirty days after the issuance of such final environmental impact statement, the lead agency and each such other state agency shall issue their decisions with respect to such licenses, permits, and other approvals with any reasonable modifications or conditions which the lead agency, and each such other state agency, respectively, finds required in accordance with the provisions of law and regulations applicable to its respective action or proceeding. Each agency shall publish notice in the state register of its decision with respect to such licensing or other approval. Each such decision shall be based upon the administrative record for the respective action or proceeding. 5.   In any action or proceeding of the department or any other state agency on any application for a required state license, permit, or other approval for any low-level radioactive waste management facilities, including any related draft or final environmental impact statement proposed or submitted in connection with such application, the following matters as determined by statute or certified pursuant to section 29-0105 of this article shall not be in issue: a.   the need for such facilities or the alternative of no action; b.   the site or sites of such facilities; c.   for permanent disposal facilities, the disposal methods to be utilized; d.   the nature or type of facilities as specifically required or authorized by statute; and e.   the classes of waste which may be stored or disposed of at such facilities. § 29-0505. General provisions on environmental review and judicial review. Notwithstanding any other provision of law: 1.   In the event of any inconsistency between the provisions of this article and the provisions of article eight-or seventy of this chapter, or regulations issued pursuant thereto, the provisions of this article shall have precedence and apply to the exclusion of such provisions of article. eight or seventy of this chapter or the regulations issued pursuant thereto. 2.     a.   Any person aggrieved by any administrative action or proceeding in connection with the adoption of siting. criteria regulations pursuant to section 29-0103 of this article, with a certification or refusal to certify a site or disposal method selection pursuant to section 29-0105 of this article or with the issuance or denial of a required state license, permit, or other approval for low-level radioactive waste management facilities may seek judicial review of such administrative action or proceeding in accordance with the provisions of this subdivision. Any such special proceeding for judicial-review shall be brought in the appellate division of the supreme court of the judicial department embracing the county wherein the site of the facilities is located, or, if the certification or the application for a-state license, permit, or other approval is denied, the county wherein the commission or applicant proposed to site or locate the facilities. Such review may be initiated only by the filing of a petition in such court within thirty days after publication in the state register of notice of the administrative action or decision, together with proof of service of a demand on the commission, the department, and other state agencies, as applicable, for the filing with the court of a copy of the administrative record. Upon receipt of such petition and demand, a copy of the administrative record and any decision shall forthwith be delivered by the commission, the department, or other state agency, as applicable, to the court. The pe-     EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

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--> tition and any subsequent appeal shall be heard on the administrative record without requirement of reproduction. No objection that has not been urged on the administrative record shall be considered by the court, unless the failure or neglect to urge such objection below shall be excused because the information underlying such objection was unknown at the time of the administrative proceeding or because of other extraordinary circumstances. b.   When judicial review is sought of the department's siting criteria regulations or the department's certification of the commissioner siting and disposal method selection, neither the appellate division nor the court of appeals shall have any jurisdiction or power to issue any temporary or preliminary order staying, pending completion of judicial review, such selection or certification or staying, pending completion of judicial review, any subsequent proceeding on an application for any required state license, permit, or other approval for low-level radioactive waste management facilities based upon the siting and disposal method selection certified by the department pursuant to section 29-0105 of this article. c.   If such facilities are proposed to be sited or located in more than one judicial department, such proceeding may be brought in any one but only one of such departments. If petitions are filed in more than one court, the court in which a petition was first filed shall retain exclusive jurisdiction of the proceeding, and all other petitions shall be transferred forthwith to said court. Upon motion by any party to the proceeding, or on its own motion, said court may transfer the proceedings to the appellate division in any other judicial department for good cause. The jurisdiction of the appellate division shall be exclusive and its judgment and order shall be final, subject to review by the court of appeals in the same manner and form and with the same effect as provided for appeals in a special proceeding. All such special proceedings shall be heard and determined by the appellate division and by the court of appeals as expeditiously as possible and with precedence over all other matters except special proceedings under the election law. d.   Except as otherwise provided in this subdivision, article seventy-eight of the civil practice law and rules shall apply to special proceedings and appeals therefrom taken pursuant to this subdivision. § 29-0507. State licenses, permits, and other approvals exclusive. Notwithstanding any other provision Of law, no county, city, village, town, or special district, or any agency or instrumentality thereof, may prohibit, or. require any license, permit, other approval, or condition related to, the construction or operation of low-level radioactive waste management facilities for which required state licenses, permits, or other approvals have been issued. Nothing in this section shall preclude any county, city, village, town, or special district, or any agency or instrumentality thereof, from requesting, proposing, or advocating imposition of reasonable conditions on the construction or operation of low-level radioactive waste management facilities in any proceeding upon an application for a required state license, permit, or other approval for such facilities. § 29-0509. Aid to local governments. No later than the first day of April, nineteen hundred eighty-seven, the department shall submit to the legislature and the governor a report recommending appropriate forms of state aid to local governmental units within the boundaries of which any low-level radioactive waste management facilities may be located. Such report shall be developed by the department and shall: 1.   describe the nature of the probable impacts upon local governmental units, including both impacts normally expected from the presence, construction, operation, maintenance, closure, and post-closure care of such low-level radioactive waste management facilities and impacts which might result from an emergency or other abnormal or unusual event associated with the operation, maintenance, closure, or post-closure care of such low-level radioactive waste facilities; 2.   describe the possible forms or kinds of aid or assistance which might be appropriate to mitigate or provide off-setting benefits with respect to each of the kinds of probable impacts on local governmental units identified pursuant to this section; and 3.   set forth the department's specific recommendations to the legislature and the governor for the forms or kinds of state assistance to local governmental units to mitigate or provide off-setting benefits with respect to such impacts, together with the reasons for the department's specific recommendations.

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--> Title 7 Financial Assurance Section 29-0701. Financial requirements for low-level radioactive waste disposal facilities. 29-0703. Closure and post-closure plans. § 29-0701. Financial requirements for low-level radioactive waste disposal facilities. 1.   Within eighteen months after the effective date of this section, the commissioner shall promulgate regulations applicable to facilities for the permanent disposal of low-level radioactive waste which identify financial requirements to be included as conditions in permits for facilities for the management of low-level radioactive waste. Such conditions shall provide for the remediation of failures during operation and after facility closure, for facility closure, and for pre-closure and post-closure facility monitoring and maintenance. Such regulations shall: a.   Reflect due consideration of the sizes and locations of affected facilities, the natures and volume of low-level radioactive waste involved. the types of facilities and the degrees and durations of risk to human health or the environment. b.   Provide for the establishment, administration, terms and conditions of the following methods or instruments to be used as alternatives or in combinations, in order to achieve non-duplicative coverage of the financial assurance requirements mandated by this section: (i)   Trust funds. (ii)   Surety or performance bonds. (iii)   Letters of credit. (iv)   Liability insurance or annuities. (v)   Guarantees provided by corporate or other legal or financial affiliates of the facility owner or operator. c.   Establish the duration of such financial requirements. 2.   Any owner or operator of such a facility for the management of low-level radioactive waste may request a modification of any of the financial requirements established pursuant to subdivision one of this section. A modification may be granted in the discretion of the department if such financial requirements are found to be unnecessary or inappropriate, consistent with the public interest and the purposes of this section and supported by written findings setting forth the reasons for the modification. Such a modification request shall be considered a request for modification of the permit for the facility. In no case shall a modification granted pursuant to this subdivision eliminate or reduce the minimum requirements established in subdivision four of this section. 3.   In addition to the financial requirements established pursuant to subdivision one of this section, any permits for such facilities for the management of low-level radioactive waste issued by the department may, if it is determined that adequate protection of the public so requires, include conditions related to any or all of the following, including responsibility for the costs thereof: a.   On-site environmental monitors whose function shall be to monitor compliance with permit conditions. The commissioner may promulgate regulations regarding the use of such monitors. b.   Site safety plans whereby the permit tee shall establish, with the cooperation of local government. officials, a community and project safety plan, including but not limited to an accident response based on a worst-case condition, on-site and off-site, a personnel training program, provisions for coordination with local emergency services and regular training exercises. Any such plan shall be subject to the approval of the department. 4.   Any permits for such facilities for the management of low-level radioactive waste issued by the department shall require the owner or operator to provide, at a minimum, one of the methods or instruments of financial assurance provided for in paragraph b of subdivision one of this section. Such methods or instruments shall be designed to insure proper facility closure based on the estimates approved-pursuant to section 29-0703 of this title, and coverage of personal injury and     EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

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--> property damage to third parties caused by the operation of such facility. Such methods or instruments shall from time to time be reviewed and updated, pursuant to regulations promulgated by the department, to insure their continued adequacy for the purposes of this section. § 29-0703. Closure and post-closure plans. 1.   Any permits for such facilities for the management of low-level radioactive waste issued by the department shall require owners and operators of facilities for the permanent disposal of low-level radioactive waste to submit to the department for its approval plans for the closure and post-closure monitoring and maintenance of their facilities. The department may promulgate rules and regulations concerning the contents of such plans. Such plans shall be approved prior to the effective date of the facilities' operating permit. 2.   Together with the submission of a plan for closure and post-closure monitoring and maintenance, the owner or operator of such facilities for the permanent disposal of low-level radioactive waste shall submit to the department for approval a written estimate of the costs associated with closure at the estimated point in the facilities' operating life when the extent and manner of their operation would make closure the most expensive, as indicated by the closure plan. 3.   The owner or operator shall prepare new closure and post-closure monitoring and maintenance cost estimates whenever a change in the closure and post-closure monitoring and maintenance requirements affects the cost of the closure or post-closure care. 4.   One year after the approval of the cost estimates as set forth in subdivision two of this section, and annually thereafter until closure of the facilities, the operator's closure and post-closure monitoring and maintenance estimates shall be adjusted to account for inflation. 5.   All estimates made pursuant to this section and revision thereto shall be subject to the review and approval of the department. 6.   The methods and instruments of financial assurances for permitted facilities for permanent disposal of low-level radioactive waste shall be periodically reviewed by the department to determine whether they are adequate in light of changed circumstances to insure proper closure and post-closure monitoring and maintenance of such facilities. § 6. The public health law is amended by adding a new article twenty-four-C to read as follows: Article 24-C Information Program on Low-Level Radioactive Waste Section 2485. Program to inform and educate the public on low-level radioactive waste. § 2485. Program to inform and educate the public on low-level radioactive waste. In consultation and cooperation with the advisory committee established pursuant to section 29-0501 of the environmental conservation law, and with the department of environmental conservation, the commissioner of health shall plan and carry out a statewide public information program on the public health and safety implications of low-level radioactive waste management. The content of such program shall include a basic explanation of the types of materials which comprise low-level radioactive waste and why such materials require special handling and care; and reasonably detailed explanations of alternative disposal methods and their probable effects. § 7. The department of environmental conservation, the department of health and the New York state energy research and development authority shall submit annually, as a part of their budget request, an estimate of the anticipated costs to carry out the purposes of this act. § 8. That part, entitled ''LOW-LEVEL RADIOACTIVE WASTE SITING PROGRAM", of section one of chapter fifty of the laws of nineteen hundred eighty-six, (STATE OPERATIONS BUDGET), is amended to read as follows: State Operations-Miscellaneous Low-Level Radioactive Waste Siting Program General Fund-State Purposes Account For allocation to state departments, agencies and authorities for services and expenses including contrac-

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--> tual services and siting and licensing of [temporary and permanent] low-level radioactive waste [storage] disposal facilities consistent with the Federal Low-Level Radioactive Waste Policy Act of 1980 and Low-Level Radioactive Waste Policy Amendments of 1985 pursuant to a chapter of the laws of 1986............................ 3,500,000 SCHEDULE   Energy Research and Development Authority...... 250,000 Department of Environmental Conservation........ 1,520,000 Department of Health.......................................... 100,000 Commission for siting low-level radioactive waste disposal facilities...................................... 1,630,000 Total of Schedule 3,500,000 § 9. Nothing in this act shall be construed to preclude any person from establishing or operating, in accordance with all applicable provisions of state, federal, and local law, any facilities for the temporary storage or permanent disposal of low-level radioactive waste, whether generated within or outside of the state of New York, which are not authorized or required by the provisions of this act. § 10. The provisions of this act shall be severable and, if any clause, sentence, paragraph, subdivision, or other part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or other part of this act directly involved in and adjudged invalid in the controversy in which such judgment has been rendered. § 11. This act shall take effect immediately. Chapter 674. (See Fiscal Note at end of Chapter.) AN ACT to amend the retirement and social security law, in relation to retirement of members of the division of law enforcement in the department of environmental conservation. Became a law July 26, 1986, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision eleven of section three hundred two of the retirement and social security law is amended by adding a new paragraph f to read as follows: f.   Service as a sworn police officer of the division of law enforcement in the department of environmental conservation. § 2. Subdivision d of section three hundred seventy-five-f of such law, as added by chapter three hundred seventy-one of the laws of nineteen hundred sixty-nine, is amended to read as follows: In addition to the retirement allowance provided pursuant to the plans set forth in sections three hundred eighty-three [and], three hundred eighty-three-a and three hundred eighty-three-b of this chapter, a member of either such plan who retires on or after April first, nineteen hundred sixty-nine with more than twenty-five years of total service shall be entitled to receive, in addition to the benefits provided pursuant to either such section and notwithstanding the limitations of     EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.