New York Environmental Conservation Code § 29-0303

Duties of the commission
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* § 29-0303. Duties of the commission.\n  1. The commission shall immediately commence the preparation of a\nsiting and disposal method selection which shall, upon certification by\nthe department, be the site or sites and method or methods for permanent\ndisposal facilities which shall be constructed or operated by the energy\nresearch and development authority pursuant to section eighteen hundred\nfifty-four-c of the public authorities law.\n  2. The commission shall evaluate all reasonable alternative disposal\nmethods including but not limited to deep vertical shaft mined disposal\nand above ground monitored retrievable disposal and issue a report\nproviding full documentation of its evaluation of all disposal methods\nit has considered, and selecting and justifying a tentative preferred\ndisposal method and any method-specific site selection criteria. After\nopportunity for review and comment by the citizen advisory committee and\nan independent technical and scientific evaluation panel established\npursuant to subdivision eleven of this section, the commission shall\nissue a report and draft a generic, non-site specific, environmental\nimpact statement selecting and justifying a preferred disposal method\nand any related method-specific site selection criteria. The commission\nshall select as its preferred disposal method that method which is\nprojected best to meet applicable regulatory criteria and performance\nobjectives and maintain exposure to the general public as low as\nreasonably achievable, taking into account engineering and economic\nfeasibility compared to other available disposal methods. The preferred\ndisposal method and accompanying draft generic environmental impact\nstatement shall be submitted to the department as an application for\ndecision. The standards and procedures by which the department shall\nadminister the commission's application are set forth in subdivision\nfour of section 70-0117 of this chapter and implementing regulations.\nConsistent with the department's decision on preferred disposal method\nor methods, the commission shall proceed to select the site or sites for\npermanent disposal facilities in accordance with subdivisions five\nthrough eight of this section.\n  3. The commission shall issue a report concerning all lands excluded\nfrom consideration for siting permanent disposal facilities, which\nreport shall include information sufficient to permit full independent\nreview and evaluation by the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, of the basis for such\nexclusion.\n  4. The commission shall also make available for full independent\nreview and evaluation by the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, the reports and other\ndocuments which serve as the basis for or otherwise provide its detailed\nexplanation or justification for its decisions made prior to September\nfirst, nineteen hundred eighty-nine, to select or narrow the range of\nalternatives it was considering for sites for permanent disposal\nfacilities.\n  5. Upon completing the preparation of its site and final disposal\nmethod selection, the commission shall submit its application for\ncertification of this selection by the department pursuant to section\n29-0105 of this article. The commission shall simultaneously deliver a\ncopy of its draft environmental impact statement and application to the\ngovernor, the legislature, the chairman of the energy research and\ndevelopment authority, the citizen advisory committee and the county\ngovernment of each county within which was located any portion of a site\nfor which the commission conducted detailed characterization studies.\n  6. The site and disposal method selection and the application for\ncertification, together with the department's cer

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