WCS’ Legislative goals for this session have been defeated!
June 6, 2019
Bills to support WCS’ goals in the House and Senate were blocked, so proponents resorted to deceptive tactics. Ultimately, this led to a win for opponents of WCS’ radioactive waste efforts, as a result of Gov. Abbott’s veto. Unfortunately, the actions of a few Legislators to boost radioactive waste plans led to the defeat of a good domestic violence bill, SB 1804.
Rep. Poncho Nevarez brought forward the radioactive waste amendment, on a totally unrelated domestic violence bill on the 3rd and final reading on the House Floor, leaving little time to challenge it. Nevarez never used the word "radioactive" in presenting the amendment, and neither did the written amendment. This obscured the real intent of the amendment, which was getting WCS out of paying the State a 5% revenue fee on imported radioactive waste and out of paying into a clean-up fund – at a time when the company seeks to increase imports dramatically as nuclear reactors decommission. Sen. Kolkhorst could have gotten the amendment removed, but failed to do so.
Rep. Nevarez, Rep. Landgraf, Sen. Kolkhorst and WCS should all be held accountable for dooming a good bill by underhanded tactics to sneak the radioactive waste amendment through.
Here’s the Austin American Statesman article:
Abbott vetoes domestic violence bill, blames radioactive waste amendment
An amendment about waste facility fees was added to a widely supported domestic violence bill. Will it stick?
May 25, 2019
The bill by Sen. Lois Kolkhorst, R-Brenham, which sailed through the House and Senate with no opposing votes, requires that bond information about domestic violence offenders be entered into a statewide data repository.
The 86th Legislature runs from Jan. 8 to May 27. From the state budget to health care to education policy — and the politics behind it all — we focus on what Texans need to know about the biennial legislative session.
A widely supported bill to protect domestic violence survivors may have hit an unexpected roadblock after the House approved a last-minute amendment that would delay a scheduled increase to the fees a radioactive waste facility in West Texas must pay.
Read more…
How a radioactive waste fees amendment was tied to a domestic violence bill
May 25, 2019
An amendment that would delay fees and surcharges paid by a West Texas radioactive waste disposal company to the state managed to squeak onto the domestic-violence-related bill to which it had been appended as the end of the legislative session approached.
With the bill now heading to Gov. Greg Abbott for his signature, and the amendment still attached, the waste disposal company has notched a victory.
Senate Bill 1804 would require the entry of certain conditions of bond information into a statewide law enforcement information system and set victim notification requirements. The bill was prompted by concerns among police and family members about the bond conditions of domestic violence offenders.
SB1804
Rep. Poncho Nevárez slid a horrible radioactive waste amendment onto the third reading a good domestic violence bill SB1804 … without ever using the words "radioactive waste."
His explanation of the amendment, in full, was, "Thank you this is an amendment that clarifies that it offers some economic competitive…uh…incentives in the bill. Move adoption. It is acceptable to the author." See and listen around this time stamp 4:28:00 in the House broadcast for 5/22/19, available at http://tlchouse.granicus.com/MediaPlayer.php?view_id=45&clip_id=17642.
Federal nuclear board nixes request for hearing on New Mexico waste facility
May 7, 2019
A federal board that oversees commercial nuclear materials and licenses said Tuesday it has rejected a request by a group of opponents over a proposed nuclear waste storage site in Southern New Mexico.
Holtec International, a New Jersey-based company specializing in nuclear reactor technology, is waiting on the U.S. Nuclear Regulatory Commission to approve its license for an expansive facility that could be used to hold all of the nation’s spent nuclear fuel — radioactive uranium left over from power production.
Holtec is partnering with the Eddy Lea Energy Alliance, a coalition of local government officials in Southern New Mexico.
During a three-day hearing earlier this year in Albuquerque, an unlikely alliance of critics, including environmental and anti-nuclear groups as well as a nuclear fuel technology company and an oil and gas producer, raised concerns about the project.
The Sierra Club, Beyond Nuclear Inc., Texas-based Fasken Land and Minerals Ltd. and Georgia-based NAC International Inc. were among those who petitioned the commission to hold a hearing.
Call Texas Senators and Representatives today!
The Good and the Bad: Radioactive Waste Legislation – 2019
April 5, 2019
Download flyer with talking points
Please ask Senators to support Rodriguez’ SB 1753 and to oppose Seliger’s SB 1021.
Please ask Representatives to support Blanco’s HB 4089 and to oppose Landgraf’s HB 2269
Please relay thanks to Senators Zaffirini and Hinojosa for voting no on the Seliger bill, and to Representatives Blanco, John Turner, Ron Reynolds and Erin Zwiener for voting no on the Landgraf bill. Also, thanks to Rep. Blanco and Senator Rodriguez for sponsoring good bills.
As of April 5, 2019: The Seliger bill is headed to the Senate floor and the companion Landgraf bill is headed to the House floor. We’re hoping there will be hearings soon on the Rodriguez bill in Senate Natural Resources and for the Blanco companion bill in House Environmental Regulation Committee.
The first rule of holes… When you’re in one, stop digging
In December 2018 the Compact Facility Legislative Oversight Committee released its Report to the 86th Legislature. The committee examined costs, fees, capacity and an upcoming contingency plan for Waste Control Specialists’ (WCS) facility in Andrews, Texas.
This site currently accepts low-level radioactive waste. The company has applied to the Nuclear Regulatory Commission for a license allowing them to import 40,000 tons of dangerous high-level radioactive waste, spent fuel rods from nuclear reactors around the country, which would be transported across Texas and stored above ground at the WCS site for decades.
WCS has a history of repeatedly requesting the Legislature to allow expansion of their site and the amount of waste they can accept, changes they claim are essential for their financial success. Yet they’re losing $10 million annually. The company has also received numerous TCEQ license amendments that undermine their original requirements. They’re back again.
Please oppose Sen. Seliger’s SB 1021 and Rep. Landgraf’s HB 2269, which would
- Increase the limits on the curies of radioactive waste the site can accept, once again.
- Require construction of another waste pit when capacity reaches a certain point. This premature move is unnecessary. The company recently reported to the Texas Low-Level Radioactive Waste Disposal Compact Commission that less than 2% of the Compact facility capacity has been used.
- Entirely cut out the 5% revenue that was originally required to go to the comptroller and into the general revenue fund for the State of Texas. This equates to an unwarranted bailout at the expense of all Texans. The 5% for Andrews County would remain intact.
- Allow disposal rate changes designed to increase the amount of radioactive waste at the site.
Legislators should deny requests to expand the site, especially digging an additional unnecessary and expensive pit, which could worsen financial woes and put the State of Texas at increased risk.
Texas may have to take over the radioactive waste site operation or closure at some point if the operator goes bankrupt or walks away from the project. Limiting the waste would limit liability. It makes sense to limit, not expand, the importation of radioactive waste. Opposing this bill can help prevent billions of dollars in future liability and increased health and safety risks.
Why should WCS no longer have to pay the State of Texas the agreed upon 5% revenue? This funding should be dedicated to a Texas contingency fund to protect the state’s finances, and the health and safety of Texans in the event of radiation releases from accidents or sabotage at the site or during transport.
The State of Vermont required $250 million in order to protect the state in the upcoming decommissioning of the Vermont Yankee nuclear reactor.
Former NRC Chairman Peter Bradford noted in the November 2018 Texas Low-Level Radioactive Waste Disposal Compact Commission meeting that the State of New York was left to foot the bill for $2 billion of remediation at the radioactively contaminated West Valley site, since the federal government refuses to pay for the entire massive cleanup.
Please support Sen. Rodriguez’ SB 1753 and Rep. Blanco’s HB 4089
These good companion bills require:
- The development of a state contingency plan that would be needed if an operator went bankrupt or abandoned the project, or in case of a serious accident
- Updating of the financial assurance assessment in order to protect the financial well being of the state of Texas
- Independent inspection of the radioactive waste site and its operations, paid for by the operator
- Analysis of the risks that might be incurred if there is a radioactive release involving low-level or high-level radioactive waste at the site or during transportation
A state contingency plan is needed to ensure that strong financial assurance is put in place to protect Texas’ financial health. Remediation costs at existing leaking federal radioactive waste sites have soared into the billions of dollars. The federal government is unlikely to foot the entire bill if there is an accident, leak or sabotage that leads to contamination.
Financial losses should not be used as an excuse to bail out a radioactive waste site operator or to cut the state out of previously promised revenues. Unnecessary expansion should not be allowed. WCS should not be allowed to dig themselves into a deeper hole, one that Texans could inherit later.
No operator should be allowed to put the finances, health or safety of Texans at risk. Legislators should resist a private company’s effort to expand imports of dangerous high-level radioactive waste for their own economic benefit, while risks to the state would increase.
If the state has to take over operations or closure of the radioactive waste site, less waste will mean less liability. Texas legislators should support these good bills in order to protect public health and safety, and the financial security of our state.
Resources:
Compact Facility Legislative Oversight Committee, Report to the 86th Legislature, December 2018: https://senate.texas.gov/cmtes/85/c845/c845.InterimReport2018.pdf
Entergy Completes Sale of Vermont Yankee to NorthStar https://finance.yahoo.com/news/entergy-completes-sale-vermont-yankee-132300377.html