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S6893

An act to amend the Environmental Conservation Law regarding the decommissioning of the Indian Point nuclear facility — 2023-06-09 · Calendar #1153

The New York State Senate unanimously passed legislation to restrict the discharge of tritiated water from the decommissioning Indian Point nuclear facility into the Hudson River, responding to widespread community concerns about economic harm to the Lower Hudson Valley. S6893, sponsored by Sen. Pete Harckham, the Environmental Conservation Committee chair, would prohibit Holtec International from releasing 1.5 million gallons of tritiated water from spent fuel pools during the facility's decommissioning process. The bill passed 62-0 on the strength of bipartisan support from Hudson Valley legislators and county executives. Harckham argued the state can regulate the discharge based on economic impacts to the region's revitalization efforts, citing Supreme Court precedent that allows states to regulate activities for purposes other than radiation protection. Sen. Jim Stec, ranking Republican on the Environmental Conservation Committee and a former Navy nuclear engineer, questioned enforcement mechanisms and noted that 99 percent of radioactive material had already been discharged during the plant's 58-year operation, but ultimately supported the measure. The bill represents an effort to force Holtec back to the negotiating table to explore alternatives such as solidification or storage, rather than river discharge. The facility, which closed in 2021, is undergoing a 12-year decommissioning process.
PASSED Ayes: 62 · Nays: 0

Debate Summary

The bill addresses concerns about Holtec's planned discharge of 1.5 million gallons of tritiated water from Indian Point's spent fuel pools into the Hudson River during decommissioning. Sen. Harckham argued the discharge poses economic harm to Hudson Valley communities despite federal preemption of health standards, citing Supreme Court precedent allowing states to regulate based on economic impacts. Sen. Stec, drawing on his Navy nuclear experience, questioned the practical enforcement mechanisms and noted that 99 percent of radioactive material had already been discharged during the plant's 58-year operation, but acknowledged constituent concerns and ultimately supported the legislation.