Budget Amendment ID: FY2024-S3-59-R1

Redraft ENV 59

Water Protection Commission

Ms. Moran and Messrs. Cyr, Tarr and Pacheco moved that the proposed new text be amended by inserting after section 53 the following section:-

"SECTION 53A. (a) There shall be a special commission to examine the potential environmental and economic impacts caused by the discharge of spent nuclear fuel pool water or other wastewater with both radiological and other pollutants associated with the decommissioning of any nuclear power plant into the waters of the commonwealth. For the purposes of this section, “waters of the commonwealth” shall include all waters under the jurisdiction of the division of marine fisheries, including, but not limited to, bays, coastal waters, canals, rivers and streams.

(b) The commission shall consist of: the governor or a designee; the secretary of energy and environmental affairs or a designee, who shall serve as chair; the secretary of health and human services or a designee; the senate president or a designee; the speaker of the house of representatives or a designee; the minority leader of the senate or a designee; the minority leader of the house of representatives or a designee; the chairs of the joint committee on environment and natural resources or their designees; the commissioner of environmental protection or a designee; the commissioner of public health or a designee; the executive director of travel and tourism or a designee; the commissioner of the department of fish and game or a designee; and 5 members appointed by the governor, 1 of whom shall be a scientist with expertise in marine radiochemistry, 1 of whom shall be a scientist with expertise in physical oceanography, 1 of whom shall be a scientist with expertise in health physics, 1 of whom shall be a scientist with expertise in nuclear chemistry and 1 of whom shall be a scientist with expertise in chemical oceanography.

(c) The commission shall: (i) examine and investigate the potential environmental and economic impacts, including impacts to consumer perception of the discharge of spent nuclear fuel wastewater or other wastewater with both radiological and other pollutants on the fishing, aquaculture, tourism and restaurant industries and any other sectors deemed appropriate by the commission; and (ii) make recommendations on measures to mitigate or avoid potential negative impacts on such industries.

(d) The commission shall hold not less than 4 listening sessions, with at least 1 listening session in each of the following counties: Dukes, Plymouth, Bristol and Barnstable; provided, however, that upon the completion of its report under this section, the commission shall provide a public presentation in said counties. Not later than November 1, 2025, the commission shall file a report on the results of its study with the clerks of the house of representatives and the senate, the joint committee on environment and natural resources, the joint committee on public health, the joint committee on tourism, arts and cultural development, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means.

(e) The department of environmental protection shall not approve any surface water discharge permit application related to the discharge of spent nuclear fuel pool water or other wastewater with both radiological and other pollutants associated with the decommissioning of any nuclear power plant into the waters of the commonwealth until 30 days after the submission of the commission’s report pursuant to subsection (d).".