Add Art 30 30-0101 & 30-0103, Art 71 71-2801 - 71-2805, En Con L
Provides that it shall be unlawful to discharge any radiological substance into the Hudson River in connection with the decommissioning of a nuclear power plant; provides for attorney general enforcement.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7208 Revised 5/15/2023
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
decommissioning nuclear power plant discharges into the Hudson River
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to protect the communities along the Hudson
River from the adverse economic impacts resulting from the discharge of
nuclear waste into the River by decommissioning nuclear power plants.
SUMMARY OF PROVISIONS:
This bill would make it unlawful to discharge any radiological substance
into the Hudson River in connection with the decommissioning of a nucle-
ar power plant and subject violators to a civil penalty. Such civil
penalty would be equal to $37,500 for the first day on which the
violation occurs, $75,000 for the second day on which the violation
occurs and $150,000 for each day thereafter that a violation occurs.
This bill would also authorize the Attorney General to bring an action
to enforce and recover the civil penalties.
JUSTIFICATION:
The discharge of nuclear waste into the Hudson River poses a substantial
risk to real estate values and the economic development of those commu-
nities along the river. Penalizing the discharge of radiological
substances into the Hudson River is necessary to preserve the economic
vitality of this important region and other methods of waste management
from decommissioning nuclear power plants are available that would not
result in the same economic impacts
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7208
2023-2024 Regular Sessions
IN ASSEMBLY
May 12, 2023
___________
Introduced by M. of A. LEVENBERG -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
decommissioning nuclear power plant discharges into the Hudson River
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 30 to read as follows:
3 ARTICLE 30
4 DECOMMISSIONING NUCLEAR POWER PLANT DISCHARGES INTO THE HUDSON RIVER
5 Section 30-0101. Legislative findings.
6 30-0103. Unlawful discharges.
7 § 30-101. Legislative findings.
8 1. The legislature finds that while the energy and economic output
9 generated by nuclear power plants are beneficial to the state and its
10 residents, discharges into waters of the state of radiological agents
11 from nuclear power plants have various adverse and substantial economic
12 impacts on the state and its residents.
13 2. The legislature further finds that communities with interests in
14 the Hudson River are concerned with the economic impacts on local real
15 estate values and economic development with respect to the discharge of
16 waste from nuclear power plants into waters of the state during plant
17 decommissioning, which effect is no longer balanced by countervailing
18 economic benefits of the plant to those communities that the plant
19 provided during operation.
20 3. The legislature further finds that other methods of managing waste
21 from decommissioning nuclear power plants are available and would not
22 result in the same economic impacts.
23 4. The legislature therefore finds and declares that it is the duty of
24 the state to act to preserve the economic vitality of affected communi-
25 ties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11357-03-3
A. 7208 2
1 § 30-0103. Unlawful discharges.
2 To the extent not subject to preemption by federal law, and notwith-
3 standing any other state or local law, rule, or regulation to the
4 contrary, it shall be unlawful to discharge any radiological substance
5 into the Hudson River in connection with the decommissioning of a nucle-
6 ar power plant.
7 § 2. Article 71 of the environmental conservation law is amended by
8 adding a new title 28 to read as follows:
9 TITLE 28
10 ENFORCEMENT OF ARTICLE 30
11 Section 71-2801. Applicability of title.
12 71-2803. Penalties.
13 71-2805. Attorney general enforcement.
14 § 71-2801. Applicability of title.
15 In addition to the provisions of sections 71-0101 and 71-0301 of this
16 article, the provisions of this title shall be applicable to the
17 enforcement of article 30 of this chapter and to this title.
18 § 71-2803. Penalties.
19 Any person who violates section 30-0103 of this chapter shall be
20 liable for a civil penalty not to exceed thirty-seven thousand five
21 hundred dollars for the first day of the violation, not to exceed seven-
22 ty-five thousand dollars for the second day of the violation, and not to
23 exceed one hundred fifty thousand dollars per violation thereafter. For
24 purposes of this section, each day in which a violation occurs shall be
25 considered a separate violation.
26 § 71-2805. Attorney general enforcement.
27 The penalties provided by section 71-2803 of this title shall be
28 recoverable in an action brought by the attorney general.
29 § 3. Severability. The provisions of this act shall be severable and
30 if any portion thereof or the applicability thereof to any person or
31 circumstances shall be held invalid, the remainder of this act and the
32 application thereof shall not be affected thereby.
33 § 4. This act shall take effect immediately.
