S 10672

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10672
                             I N  S E N A T E
                              August 3, 2026
                                ___________
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   radioactive waste disposal
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision 1  of  section  27-1301  of  the  environmental
 conservation  law, as amended by section 1 of part E of chapter 1 of the
 laws of 2003, is amended to read as follows:
   1. "Hazardous waste" means a waste which appears on the list or satis-
 fies the characteristics promulgated by  the  commissioner  pursuant  to
 section  27-0903  of this article and any substance which appears on the
 list promulgated pursuant to section 37-0103 of this chapter;  provided,
 however, that the term "hazardous waste" does not include:
   a.  Natural gas, natural gas liquids, liquefied natural gas, synthetic
 gas usable for fuel, or mixtures of natural gas and such synthetic  gas;
 nor
   b.  The  residue of emissions from the engine exhaust of a motor vehi-
 cle, rolling  stock,  aircraft,  vessel,  or  pipeline  pumping  station
 engine; nor
   c.  [Source,  byproduct,  or  special  nuclear material from a nuclear
 incident, as those terms are defined in the atomic energy act  of  1954,
 if  such  release  is  subject to requirements with respect to financial
 protection established under section 170 of such act  (42  U.S.C.  2210)
 or,  for  the  purpose of section 104 of the comprehensive environmental
 response, compensation and liability act of 1980 (42  U.S.C.  9604),  or
 any  other  response  action,  any source, byproduct, or special nuclear
 material from any processing site designated under section 102(a)(1)  or
 302(a)  of  the  Uranium Mill Tailings Radiation Control Act of 1978 (42
 U.S.C. 7912(a)(1) or 7942(a)); nor
   d.] Petroleum as defined in section one  hundred  seventy-two  of  the
 navigation  law,  even  if appearing on the list promulgated pursuant to
 section 37-0103 of this chapter.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16234-02-6
 S. 10672                            2
   § 2. Section 27-0903 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.  RADIOACTIVE  WASTE.  ALL  WASTE  CONTAINING  SOURCE, BYPRODUCT, OR
 SPECIAL NUCLEAR MATERIAL AS DEFINED IN THE ATOMIC  ENERGY  ACT  OF  1954
 SHALL  BE  CONSIDERED  HAZARDOUS  WASTE, EXCEPT TO THE EXTENT THAT REGU-
 LATION AND CLEANUP OF SUCH MATERIAL IS PREEMPTED BY FEDERAL LAW.
   § 3. This act shall take effect immediately.