A 11689: Provides that all waste containing source, byproduct, or special nuclear material shall be hazardous waste.

  
  STATE OF NEW YORK ________________________________________________________________________ 11689  IN ASSEMBLY September 2, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Morinello) -- read once and referred to the Committee on Environmental Conserva- tion 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: 1 Section 1. Subdivision 1 of section 27-1301 of the environmental 2 conservation law, as amended by section 1 of part E of chapter 1 of the 3 laws of 2003, is amended to read as follows: 4 1. "Hazardous waste" means a waste which appears on the list or satis- 5 fies the characteristics promulgated by the commissioner pursuant to 6 section 27-0903 of this article and any substance which appears on the 7 list promulgated pursuant to section 37-0103 of this chapter; provided, 8 however, that the term "hazardous waste" does not include: 9 a. Natural gas, natural gas liquids, liquefied natural gas, synthetic 10 gas usable for fuel, or mixtures of natural gas and such synthetic gas; 11 nor 12 b. The residue of emissions from the engine exhaust of a motor vehi- 13 cle, rolling stock, aircraft, vessel, or pipeline pumping station 14 engine; nor 15 c. [Source, byproduct, or special nuclear material from a nuclear 16 incident, as those terms are defined in the atomic energy act of 1954, 17 if such release is subject to requirements with respect to financial 18 protection established under section 170 of such act (42 U.S.C. 2210) 19 or, for the purpose of section 104 of the comprehensive environmental 20 response, compensation and liability act of 1980 (42 U.S.C. 9604), or 21 any other response action, any source, byproduct, or special nuclear 22 material from any processing site designated under section 102(a)(1) or 23 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 24 U.S.C. 7912(a)(1) or 7942(a)); nor 25 d.] Petroleum as defined in section one hundred seventy-two of the 26 navigation law, even if appearing on the list promulgated pursuant to 27 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 
 A. 11689 2 1 § 2. Section 27-0903 of the environmental conservation law is amended 2 by adding a new subdivision 5 to read as follows: 3 5. Radioactive waste. All waste containing source, byproduct, or 4 special nuclear material as defined in the atomic energy act of 1954 5 shall be considered hazardous waste, except to the extent that regu- 6 lation and cleanup of such material is preempted by federal law. 7 § 3. This act shall take effect immediately.