What's happening
This bill requires comprehensive disaster preparedness reviews and site-specific evacuation plans for nuclear power plants within 50 miles of New York, with possible plant closure if evacuation is unfeasible.
Why it matters
Significantly raises the safety bar for communities near nuclear plants. By mandating detailed, site-specific disaster plans for areas within 50 miles of any plant, this law directly addresses the unique risks faced by dense populations near nuclear power facilities, including those just across state borders.
Forces consideration of worst-case scenarios and vulnerable populations. The required plans must account for the actual time and logistics needed to evacuate millions, safe relocation of hospital and institutional residents, the role of schools in reuniting families, and the protection of food and water supplies from contamination.
Creates real accountability and consequences. If an evacuation plan is found unworkable for a given site, the governor is obligated to seek the plant’s closure, potentially setting a precedent for prioritizing public safety over continued plant operation when risks can’t be mitigated.
Enhances transparency and legislative oversight. The mandated submission of all disaster preparedness reviews to top state officials ensures that both the executive and legislative branches are actively informed, potentially leading to more responsive and responsible decision-making regarding nuclear safety.
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Nuclear Plant Disaster Plans Required
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Plan for Nuclear Disaster Safety
In Assembly Committee · Governmental Operations · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 1620 A. 966
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 10, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
IN ASSEMBLY -- Introduced by M. of A. THIELE, COLTON -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to disaster preparedness plans for nuclear power plants operating within the state or within fifty miles of the state's border
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 23-d to read as follows:
§ 23-d. Nuclear power plant disaster preparedness plans. 1. The New York state emergency management office, in consultation with nuclear power plants operating within this state or within fifty miles of the state border, is hereby authorized and directed to coordinate a comprehensive review of disaster preparedness plans for such power plants within six months of the effective date of this section and, upon completion of such review, develop individual site specific disaster preparedness plans for each such nuclear power plant. The review and development of such disaster preparedness plans shall include, but not be limited to, the following:
(a) the reasonable time necessary to evacuate an area within fifty miles of the plant given the size of the population residing in such area;
(b) the location to which people may be evacuated in the event of a disaster;
(c) the feasibility of evacuating areas within fifty miles of a power plant in the event of a severe core damage accident;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02098-01-7
S. 1620 2 A. 966
(d) the role of public safety and school personnel in safely returning school children with their parents;
(e) the isolation from consumption of contaminated food and water;
(f) the evacuation of people from hospitals and other institutions in which patients or residents have special needs or require special attention; and
(g) the appropriateness and usefulness of implementing any other disaster preparedness plan or other plan in the event of a nuclear power plant disaster.
2. A copy of the review of such disaster preparedness plans shall be submitted to the governor, the senate majority leader, and the speaker of the assembly. Where such review determines that there is no feasible evacuation plan for areas within fifty miles of such plants, the governor shall take appropriate action to seek closure of such plants.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to disaster preparedness plans for nuclear power plants operating within the state or within fifty miles of the state's border
Purpose
This legislation would direct the New York State Emergency Management Office to undertake a comprehensive review of existing disaster preparedness plans for nuclear power plants operating in New York State or within 50 miles of the State's border and upon completion of such review, develop individual site specific disaster preparedness plans for each nuclear power plant.
Summary of provisions
This legislation adds a new Section 23-d to the executive law to authorize and direct the New York State Emergency Management Office, in consultation with nuclear power plants operating within New York or within 50 miles of the state border, to coordinate a comprehensive review of existing disaster preparedness plans and develop an individual site specific disaster preparedness plan for each such nuclear power plant inclusive of, but not limited to, specific criteria set forth in this section.
Justification
For years, local officials on the East End of Long Island have complained that disaster preparedness plans for the Millstone Nuclear Power Station did not adequately protect the public safety of the residents because evacuation plans were only required for areas within 10 miles of the plant. The recent natural disasters in Japan and the resulting partial nuclear meltdown the Fukushima Nuclear Power Plan has undoubtedly been a wake-up call, exposing potential vulnerabilities of New York's nuclear power stations. In fact, the Nuclear Regulatory commission recently stated that the nuclear reactors at the Indian Point Energy Center in Buchanan, New York have the highest risk of earthquake damage in the United States. When coupled with the chance for man-made catastrophes, much like the terrorist attacks of 9/11, it is clear that New York's nuclear power stations are at risk.
It is equally clear that existing disaster plans for nuclear power plants have not adequately taken into account the likelihood of such threats. Therefore, this legislation is necessary in order to review existing plans to identify any weaknesses regarding natural disasters or terror attacks against nuclear power facilities.
It is also important that site specific disaster plans for each nuclear power plant in the State and those within 50 miles of the border are provided to insure that the public health, safety and welfare can be adequately and feasibly protected. It if is determined that there is no feasible evacuation plan for areas within fifty miles of such plants, this legislation authorizes the Governor to take appropriate action to seek closure of such plants.
Legislative history
2015-16 S.365/A.161; 2013-14 S.2281/A.2390; 2011-12 S.4258; 2009-10: S.227/A.336; 2007-08: S.148/A.400; 2005-06: S.88/A.43; 2003-04: S.850/A.1784; 2001-02: S.6642/A.9800.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.