2006 New York Code - Duties Of The Commission.

 
  * § 29-0303. 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. The commission shall evaluate all reasonable  alternative  disposal
  methods  including but not limited to deep vertical shaft mined disposal
  and above ground monitored  retrievable  disposal  and  issue  a  report
  providing  full  documentation of its evaluation of all disposal methods
  it has considered, and selecting and justifying  a  tentative  preferred
  disposal  method  and any method-specific site selection criteria. After
  opportunity for review and comment by the citizen advisory committee and
  an independent technical and  scientific  evaluation  panel  established
  pursuant  to  subdivision  eleven  of this section, the commission shall
  issue a report and draft a  generic,  non-site  specific,  environmental
  impact  statement  selecting  and justifying a preferred disposal method
  and any related method-specific site selection criteria. The  commission
  shall  select  as  its  preferred  disposal  method that method which is
  projected best to meet applicable regulatory  criteria  and  performance
  objectives  and  maintain  exposure  to  the  general  public  as low as
  reasonably achievable, taking  into  account  engineering  and  economic
  feasibility  compared to other available disposal methods. The preferred
  disposal method and  accompanying  draft  generic  environmental  impact
  statement  shall  be  submitted  to the department as an application for
  decision. The standards and procedures by  which  the  department  shall
  administer  the  commission's  application  are set forth in subdivision
  four of section 70-0117 of this chapter  and  implementing  regulations.
  Consistent  with  the department's decision on preferred disposal method
  or methods, the commission shall proceed to select the site or sites for
  permanent disposal  facilities  in  accordance  with  subdivisions  five
  through eight of this section.
    3.  The  commission shall issue a report concerning all lands excluded
  from consideration  for  siting  permanent  disposal  facilities,  which
  report  shall  include information sufficient to permit full independent
  review and evaluation by  the  citizen  advisory  committee  and  by  an
  independent  technical  and  scientific  evaluation  panel,  established
  pursuant to subdivision eleven of this section, of the  basis  for  such
  exclusion.
    4.  The  commission  shall  also  make  available for full independent
  review and evaluation by  the  citizen  advisory  committee  and  by  an
  independent  technical  and  scientific  evaluation  panel,  established
  pursuant to subdivision eleven of this section, the  reports  and  other
  documents which serve as the basis for or otherwise provide its detailed
  explanation  or  justification for its decisions made prior to September
  first, nineteen hundred eighty-nine, to select or narrow  the  range  of
  alternatives  it  was  considering  for  sites  for  permanent  disposal
  facilities.
    5. Upon completing the preparation of  its  site  and  final  disposal
  method  selection,  the  commission  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,  the  chairman  of  the energy research and
  development authority, the citizen advisory  committee  and  the  county
  government of each county within which was located any portion of a site
  for which the commission conducted detailed characterization studies.
    6.  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. The  commission  shall
  recommend   a   site   specific   mitigation  program  as  part  of  the
  environmental impact statement that will serve as an additional  measure
  to  offset adverse economic, social, and environmental impacts and serve
  as a form of compensation to the affected area.
    7. 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, agricultural, 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.
    8.  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 utilized 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.
    9. In performing  its  duties,  the  commission  shall  hold  periodic
  meetings  which  shall  be publicly noticed pursuant to article seven of
  the public officers law.
    10. Whenever the commission makes a decision to:
    (i) select, or narrow the range of alternatives it is considering for,
  disposal methods or sites for permanent disposal facilities,
    (ii) establish the plans for pre-characterizing or characterizing,  or
  otherwise   gathering   site-specific  data  for,  candidate  sites  for
  permanent disposal facilities, or
    (iii) project the types, quantities, or activity levels  of  low-level
  radioactive  wastes  which  might  be  disposed of at permanent disposal
  facilities, it shall promptly issue a report  or  other  document  which
  serves  as  the basis for or otherwise provides its detailed explanation
  or justification for that decision. Such report or other document  shall
  include  information  sufficient  to  permit full independent review and
  evaluation by the department, the citizen advisory committee and  by  an
  independent  technical  and  scientific  evaluation  panel,  established
  pursuant to subdivision eleven of this section, of the nature,  sources,
  and  quality of any specific data relied upon, the nature of assumptions
  made, and the specific analytical  methods,  procedures,  or  techniques
  employed,  including modelling and calculations performed, and any other
  information and analyses upon which the commission would intend to  rely
  in  justifying  its decisions to any reviewing body. The report shall be
  made  available  to  the  public  upon  request.  The  commission  shall
  simultaneously  have  published  in  the state register, and send to any
  person who has requested to be placed on the commission's mailing  list,
  notice  of  availability  of that report or other document and provide a
  copy of the report or other document to the governor, the speaker of the
  assembly, the majority leader of the senate, the minority leader of  the
  assembly,  the  minority  leader  of  the  senate,  the citizen advisory
  committee, and any independent technical and scientific evaluation panel
  established pursuant to subdivision eleven of this section.
    11. Pursuant to contract, the department of health  shall  arrange  to
  have  one or more independent panels of technical and scientific experts
  review  and  evaluate  the  commission's  decision  and  report  on  its
  selection  of  a  tentative  preferred disposal method and decisions and
  report  on  lands  excluded  from  consideration  for  siting  permanent
  disposal  facilities,  issued  in  accordance  with subdivisions two and
  three of this section, and each other decision made and  related  report
  issued  by  the  commission  pursuant to subdivision four or ten of this
  section. For each such commission decision and report,  the  independent
  technical  and  scientific  evaluation  panel or panels shall assess the
  nature, sources and quality of any specific data the  commission  relied
  upon,  the  nature  of  assumptions  made,  and  the specific analytical
  methods, procedures or  techniques  employed,  including  modelling  and
  calculations  performed,  and  any other information and analyses relied
  upon for the commission's decision. The department of health may  engage
  more than one panel to assess a commission decision and report, in order
  to  provide  for  complete  coverage  of those matters in the review and
  evaluation of that decision and report. Upon  completion  of  each  such
  review   and   evaluation,  any  independent  technical  and  scientific
  evaluation panel shall provide a written report containing its findings,
  conclusions and recommendations to the commission, the citizen  advisory
  committee,  the department of health and the department of environmental
  conservation.
    12. Whenever the commission receives written comments or a report from
  the   citizen  advisory  committee  or  any  independent  technical  and
  scientific evaluation panel established pursuant to  subdivision  eleven
  of  this section, it shall provide a detailed written response, within a
  reasonable time, addressing the points made in the comments  or  report.
  Upon receipt of any such report the commission shall cause it to be made
  available  to the public upon request and submitted to the governor, the
  majority leader of the senate, the speaker of the assembly, the minority
  leader of the senate and the minority leader of the assembly. Notice  of
  such  report  shall be published by the commission in the state register
  and  sent  to  any  person  who  has  requested  to  be  placed  on  the
  commission's mailing list.
    * NB Commission existence pursuant to § 29-0309