[HISTORY: Adopted by the Town Board of the Town of East Hampton 8-20-1999 by L.L. No. 31-1999, approved at referendum 11-2-1999. Amendments noted where applicable.]
The Town Board hereby finds that under § 20 of the Executive Law, it is the responsibility of the State of New York to protect the public safety of its residents in the event of a natural or man-made disaster, including a radiological accident. Article 2-B of said law provides for the preparation of state and local disaster preparedness plans, including disaster prevention, disaster response and recovery.
As a result of numerous public meetings held on eastern Long Island, the Town Board finds that the residents of the town have demonstrated legitimate public safety concerns with regard to the operation of the nuclear electric generating facilities in the nearby State of Connecticut. Specifically, the Millstone facilities in Waterford, Connecticut operate within a distance of 50 miles of where one-half million New Yorkers reside. Most parts of the Town of East Hampton is within a twenty-mile radius of this facility.
Millstone has been closed seven times in recent months and has discharged radioactive water into Long Island Sound. It is clear this facility is not being operated safely and should be closed, pending a complete review of public health and safety issues.
Existing United States Nuclear Regulatory Commission regulations provide for a flexible ten-mile emergency planning zone. The exact size and configuration of the emergency planning zone in a particular case will be determined in relation to local emergency response needs and capabilities, including factors such as demography, topography, land characteristics, access routes and jurisdictional boundaries. These statutory criteria have not been applied to the special circumstances on Long Island as evidenced by the rigid ten-mile emergency planning zone for Millstone, which includes only Fishers Island within the State of New York.
In the case of the Shoreham Nuclear Power Station, it was the position of the State of New York and this town that all of eastern Long Island was required to be included within the emergency planning zone. It was also the policy that there was no safe evacuation plan that could be prepared and implemented that would adequately protect the public safety of eastern Long Island. As a result, the State of New York entered into an agreement with the Long Island Lighting Company, the operator of the facility, for its closure and dismantling.
The Town Board finds that many of the same emergency response issues associated with Shoreham are also presented by Millstone. Specifically, the fact that the region is an island whose eastern ends are two long narrow forks presents unique evacuation issues. In addition, the area is characterized as a second home and tourist destination where the population more than triples during the summer months. The region is also immediately adjacent to the New York City metropolitan area with more than 10,000,000 people. Finally, its highway system is characterized by a single two-lane east-west highway route which would be the only major route for an evacuation.
Based on these findings, the Town Board concludes that:
Millstone should be closed pending further study;
There must be an emergency planning zone of 50 miles from the Millstone facility for Long Island;
The feasibility of a safe evacuation plan must be studied; and
The approval or acceptance of such a plan must be subject to the strictest review.
This local law is subject to a mandatory referendum because it limits the future authority of the elected Town Board.
The Town Board hereby requests the United States Nuclear Regulatory Commission to close the Millstone Nuclear Power Station until the issues outlined in this local law relating to emergency planning zones and evacuation plans have been addressed and approved by the State of New York and its affected political subdivisions within 50 miles of the Millstone facility.
The Town Board hereby requests the State of New York to file a petition with the United States Nuclear Regulatory Commission to provide for a fifty-mile plume exposure pathway emergency planning zone for the benefit of eastern Long Island.
The Town Board hereby requests that the State of New York undertake the preparation of a report addressing the feasibility of a safe and implementable emergency plan for eastern Long Island within the fifty-mile radius in connection with the Millstone Nuclear Power Station.
Any action by the Town Board of the Town of East Hampton to approve, accept, implement or appropriate money in connection with an emergency plan in connection with the Millstone Nuclear Power Station will require a unanimous vote of the Town Board.
Pursuant to § 23, Subdivision 2f, of the Municipal Home Rule Law, this local law curtails the power of the Town Board, thereby requiring a mandatory referendum. Therefore, the following proposition will be submitted to the electors of the Town of East Hampton at the general election to be held November 2, 1999:
"Shall Local Law No. 31 of 1999, entitled 'A local law advocating the closure of the Millstone Nuclear Power Station, requesting the State of New York to petition the United Nuclear Regulatory Commission to establish a fifty-mile plume exposure pathway emergency planning zone for Long Island in relation to said nuclear power station, requesting the State of New York to undertake a report of the feasibility of an emergency plan for Long Island in relation to said nuclear power station, and requiring a unanimous vote of the Town Board with regard to any town approval, acceptance, implementation, or appropriation in connection with an emergency plan for said nuclear power station' be approved?"
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This local law shall take effect after voter approval at the general election to be held November 2, 1999, by the affirmative vote of the qualified electors of the Town of East Hampton upon the proposition.