Existing law requires the State Department of Public Health to adopt reasonable regulations that, in its judgment, promote the safe transportation of radioactive materials. Existing law requires the Department of the California Highway Patrol to adopt regulations specifying the time at which shipments may occur and the routes that are to be used in the transportation of cargoes of hazardous radioactive materials.

This bill would require the State Energy Resources Conservation and Development Commission California Nuclear Transport Working Group to conduct a study by January 1, 2019, to assess the efficacy of those regulations in minimizing the risks to public health and safety resulting from the transportation of hazardous radioactive materials.

Existing law provides for the content that is to be printed on a partisan election ballot to be used in a direct primary election.

This bill would make a technical, nonsubstantive change to these provisions.

ASSEMBLY THIRD READING

ATR Bill Id:AB 1207

Author:(Brough)

As Amended Ver:May 26, 2017

Majority vote

SUMMARY: Requires the California Nuclear Transport Working Group (Working Group) to conduct a study by January 1, 2019, to assess the efficacy of the regulations adopted by the California Department of Public Health (CDPH) in minimizing the risks to public health and safety resulting from the transportation of hazardous radioactive materials.

EXISTING LAW:

Requires CDPH, in cooperation with the California Highway Patrol, to adopt reasonable regulations that promote the safe transportation of radioactive materials. (Health and Safety Code (HSC) Section 114820 (c))

FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in, "one-time costs of $300,000 (special fund) for the Working Group to conduct the study."

COMMENTS: Need for the bill: According to the author, "The intent of the bill is to have a collaboration of stakeholders coordinated by the Energy Commission to undertake the necessary review of state regulations and statutes of nuclear fuel transport, and any needed state action to best prepare for the eventual commercial transport of nuclear waste from California's 4 Nuclear power plants and the nearly 2800 metric tons of spent fuel."

Federal Nuclear Waste Policy: Under the provisions of the Nuclear Waste Policy Act (NWPA), the federal government has the responsibility for managing spent nuclear fuel produced by commercial reactors, and generators are responsible for bearing the costs of permanent disposal. The NWPA authorizes and requires the United States Department of Energy to locate and build a permanent repository and an interim storage facility, and to develop a system to safely transport spent fuel from nuclear power plants to the repository and interim storage facility. Without a centralized repository for spent nuclear fuel, nuclear rods are exponentially accumulating at reactor sites across the country. In 2009, the United States had more than 60,000 tons of nuclear waste at more than 100 temporary sites (primarily nuclear power plants) around the country.

Nuclear power in California: There are four nuclear power plants in California, three of which have been closed or decommissioned, including: the Humboldt Bay Nuclear Power Plant, located near Eureka, which was closed in 1976 due to seismic concerns; the Rancho Seco Nuclear Power Plant, located about 25 miles south of Sacramento, was in operation until 1989 when it was closed by public referendum; the San Onofre Nuclear Generating Station (SONGS), located midway between Los Angeles and San Diego, went offline in January 2012; and, the remaining operating nuclear power plant in California is Diablo Canyon Power Plant in San Luis Obispo County.

Review of nuclear power in California: In October 2007, the California Energy Commission released a report, "Nuclear Power in California: 2007 Status Report," providing an update on nuclear power generation in California. According to the report, "A repository at Yucca Mountain is still at least a decade away from being opened, and the opening date continues to slip. California utilities should therefore continue to plan for indefinite storage of spent fuel at power plant sites and should continue to move spent fuel to on-site dry cask storage facilities. Nuclear waste can be transported safely with manageable risks to the public if shipments are conducted in strict compliance with existing regulations, but constant vigilance is required. Although extreme accidents are unlikely, their probability can be reduced through route-specific analyses to identify and diminish potential hazards. Greater information sharing by the United States Department of Energy regarding spent fuel transport routes and plans is needed to allow state and local input and to gain public confidence in these shipments. California could be strongly affected by repository shipments, since many spent fuel and high-level waste shipments could be routed through the state in route to Yucca Mountain."

California Nuclear Transport Working Group (Working Group): The Working Group, coordinated by the California Energy Commission, is comprised of staff from eight California agencies with regulatory authority or operational responsibilities with respect to radioactive material shipment safety and emergency response. The Working Group is comprised of the following agencies: Department of Fish and Wildlife, CDPH, Department of Transportation, Energy Commission, California Environmental Protection Agency, California Highway Patrol, Emergency Management Agency, and the Public Utilities Commission Railroad Safety. Since 1989, the Working Group has been involved in California's preparation for transuranic radioactive waste shipments from facilities in California to the Waste Isolation Pilot Plant in New Mexico.

Recent developments at SONGS: On April 7, 2017, Southern California Edison, the owners of SONGS, announced that they will begin negotiations aimed at relocating tons of radioactive waste from their SONGS facility. This announcement was made as part of settlement discussions regarding a lawsuit that was filed against Edison. Additionally, a motion was filed in court asking that an upcoming hearing on the lawsuit be postponed until July 2017, so that parties can work out details of the settlement.

Given the recent developments at SONGS, and the renewed efforts of the Trump Administration to identify and build a nuclear waste storage site, it is prudent for California to review its existing regulations and policies governing the transporting of hazardous radioactive waste on California's roads and highways.

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0000785

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1207

Author:(Brough) – As Amended Ver:March 28, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Energy Commission (CEC) to conduct a study by January 1, 2019, to assess the efficacy of the regulations adopted by the California Department of Public Health in minimizing the risks to public health and safety resulting from the transportation of hazardous radioactive materials.

FISCAL EFFECT:

One-time costs of $300,000 (special fund) for CEC to conduct the study.

COMMENTS:

1. Purpose. According to the author, "The intent of the bill is to have a collaboration of stakeholders coordinated by CEC to undertake the necessary review of state regulations and statutes of nuclear fuel transport, and any needed state action to best prepare for the eventual commercial transport of nuclear waste from California’s 4 Nuclear power plants and the nearly 2800 metric tons of spent fuel. While many standards and protocols will default to our federal partners, the State of California has a primary responsibility for protecting the health and safety of all its citizens. Establishing best practices and identifying any issues beforehand will be instrumental to protecting the communities and natural resources of California."
2. Nuclear power in California. There are four nuclear power plants in California, three of which have been closed or decommissioned, including:
3. The Humboldt Bay Nuclear Power Plant, located near Eureka, which was closed in 1976 due to seismic concerns. In December 2008, PG&E finished moving the spent nuclear fuel into dry cask storage on site.

1. The Rancho Seco Nuclear Power Plant, located about 25 miles south of Sacramento, was in operation until 1989 when it was closed by public referendum. In 1996, the Nuclear Regulatory Commission approved a decommissioning plan for the plant. Remaining onsite are 493 spent fuel assemblies. Since no suitable disposal facility exists for any of the material, the Sacramento Municipal Utility District spends $6 million per year to safely manage the waste.
2. The San Onofre Nuclear Generating Station (SONGS), located midway between Los Angeles and San Diego, went offline in January 2012 and was ordered by the NRC to stay offline while tubing wear issues were investigated. Subsequently, plant owners announced in June 2013 that remaining Units 2 and 3 would be permanently retired (Unit 1 was closed in 1992). The storage canisters used in SONGS are designed for a lifetime of 40 years. As of 2011, SONGS had an estimated 1,430 tons of spent nuclear waste on-site.
3. The remaining operating nuclear power plant in California is the Diablo Canyon Power Plant in San Luis Obispo County. Licenses for the two reactors expire in 2024 and 2025, respectively. The storage canisters used at Diablo Canyon are designed for a lifetime of 50 years. As of 2011, Diablo Canyon had approximately 1,126 tons of spent fuel located in its facility. On June 21, 2016, PG&E announced it will not renew its license for the two nuclear units at Diablo Canyon.
4. Past Review of nuclear power in California. In October 2007, the CEC released a report, "Nuclear Power in California: 2007 Status Report," providing an update on nuclear power generation in California. According to the report, "Nuclear waste can be transported safely with manageable risks to the public if shipments are conducted in strict compliance with existing regulations, but constant vigilance is required. Although extreme accidents are unlikely, their probability can be reduced through route-specific analyses to identify and diminish potential hazards."
5. Recent developments at SONGS. On April 7, 2017, Southern California Edison, the owners of SONGS, announced that they will begin negotiations aimed a relocating tons of radioactive waste from their SONGS facility. This announcement was made as part of settlement discussions regarding a lawsuit that was filed against Edison. Additionally, a motion was filed in court asking that an upcoming hearing on the lawsuit be postponed until July 2017, so that parties can work out details of the settlement.

Given the recent developments at SONGS, and the renewed efforts of the Trump Administration to identify and build a nuclear waste storage site, it is timely for California to review its existing regulations and policies governing the transporting of hazardous radioactive waste on California’s roads and highways.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 1207 (

Author:Brough) – As Amended Ver:March 28, 2017

SUBJECT: Radioactive material: transportation

SUMMARY: Requires the State Energy Resources Conservation and Development Commission (Energy Commission) to conduct a study by January 1, 2019, to assess the efficacy of the regulations adopted by the California Department of Public Health in minimizing the risks to public health and safety resulting from the transportation of hazardous radioactive materials.

EXISTING LAW:

UNDER FEDERAL LAW: Nuclear Waste Policy Act of 1982 (NWPA) (42 U.S.C. § 10101, et seq.):

1) Supports the use of deep geologic repositories for the safe storage and/or disposal of radioactive waste. Establishes procedures to evaluate and select sites for geologic repositories and for the interaction of state and federal governments.

2) Directs the United States Department of Energy (US DOE) to consider Yucca Mountain as the primary site for the first geologic repository.

3) Prohibits the US DOE from conducting site specific activities at a second site unless authorized by Congress.

4) Establishes a commission to study the need and feasibility of a monitored retrievable storage facility.

UNDER STATE LAW:

1) Prohibits any nuclear fission thermal power plant requiring the reprocessing of fuel rods from being permitted unless the federal government has identified and approved, and there exists a technology for the construction and operation of, nuclear fuel rod reprocessing plants. (Public Resources Code (PRC) § 25524.1 – 25524.3)

2) States, pursuant to the California Nuclear Facility Decommissioning Act of 1985, that the citizens of California should be protected from exposure to radiation from nuclear facilities. (Public Utilities Code § 8321, et seq.)

3) Requires the California Energy Commission (CEC) to assess existing scientific studies to determine the vulnerability of very large generation facilities (1700 megawatts) to major disruptions due to aging or major earthquake and the resulting impacts on reliability, public safety, and the economy. Requires the CEC, in the absence of a long-term nuclear waste storage facility, assess the potential state and local costs and impacts associated with accumulating waste at California’s nuclear power plants. (PRC § 25303)

4) Requires the Department of Public Health, in cooperation with the Department of the California Highway Patrol, to adopt reasonable regulations that promote the safe transportation of radioactive materials. (Health and Safety Code (HSC) § 114820 (c))

5) Requires the Department of the California Highway Patrol, after consulting with the Department of Public Health, to adopt regulations specifying the time at which shipments may occur and the routes that are to be used in the transportation of cargoes of hazardous radioactive materials. (HSC § 114820 (d))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author, "The intent of the bill is to have a collaboration of stakeholders coordinated by CEC to undertake the necessary review of state regulations and statutes of nuclear fuel transport, and any needed state action to best prepare for the eventual commercial transport of nuclear waste from California’s 4 Nuclear power plants and the nearly 2800 metric tons of spent fuel. While many standards and protocols will default to our federal partners, the State of California has a primary responsibility for protecting the health and safety of all its citizens. Establishing best practices and identifying any issues beforehand will be instrumental to protecting the communities and natural resources of California."

Federal Nuclear Waste Policy: Under the provisions of the NWPA, the federal government has the responsibility for managing spent nuclear fuel produced by commercial reactors, and generators are responsible for bearing the costs of permanent disposal. The NWPA authorizes and requires the US DOE to locate and build a permanent repository and an interim storage facility, and to develop a system to safely transport spent fuel from nuclear power plants to the repository and interim storage facility.

In 1987, Congress designated Yucca Mountain, a complex of underground tunnels in Nevada, as a federal long-term geological repository for nuclear waste. However, the Obama Administration decided not to use the site and appointed a Blue Ribbon Commission on America’s Nuclear Future (Commission) to find a solution for permanent storage. The Commission recommended that efforts be made to develop a permanent disposal site for spent nuclear fuel and high-level radioactive waste.

Without a centralized repository for spent nuclear fuel, nuclear rods are exponentially accumulating at reactor sites across the country. In 2009, the United States had more than 60,000 tons of nuclear waste at more than 100 temporary sites (primarily nuclear power plants) around the country. Plant owners thus continue to be responsible for the safe storage of their spent fuel.

Nuclear power in California: There are four nuclear power plants in California, three of which have been closed or decommissioned, including:

1. The Humboldt Bay Nuclear Power Plant, located near Eureka, which was closed in 1976 due to seismic concerns. In December 2008, PG&E finished moving the spent nuclear fuel into dry cask storage on site.

1. The Rancho Seco Nuclear Power Plant, located about 25 miles south of Sacramento, was in operation until 1989 when it was closed by public referendum. In 1996, the Nuclear Regulatory Commission approved a decommissioning plan for the plant. Remaining onsite are 493 spent fuel assemblies. Since no suitable disposal facility exists for any of the material, the Sacramento Municipal Utility District spends $6 million per year to safely manage the waste.
2. The San Onofre Nuclear Generating Station (SONGS), located midway between Los Angeles and San Diego, went offline in January 2012 and was ordered by the NRC to stay offline while tubing wear issues were investigated. Subsequently, plant owners announced in June 2013 that remaining Units 2 and 3 would be permanently retired (Unit 1 was closed in 1992). The storage canisters used in SONGS are designed for a lifetime of 40 years. As of 2011, SONGS had an estimated 1,430 tons of spent nuclear waste on-site.

The remaining operating nuclear power plant in California is Diablo Canyon Power Plant in San Luis Obispo County. Licenses for the two reactors expire in 2024 and 2025, respectively. The storage canisters used at Diablo Canyon are designed for a lifetime of 50 years. As of 2011, Diablo Canyon had approximately 1,126 tons of spent fuel located at its facility.

Since 1976, California has banned the construction of new nuclear plants until a federal long-term waste disposal repository is operating.

AB 1632 report: AB 1632 (Blakeslee, Chapter 722, Statutes of 2006), required the CEC to use existing scientific studies to assess the potential vulnerability of California baseload energy generating plants, Diablo Canyon and SONGS, to a considerable interruption due to a major seismic event or plant aging. In November 2008, CEC issued the study, "An Assessment of California’s Nuclear Power Plants: AB 1632 Report," which recommended advanced 3-D and other seismologic techniques to be used for updated studies on all faulting in the vicinity of Diablo Canyon and SONGS.

Review of nuclear power in California: In October 2007, the California Energy Commission released a report, "Nuclear Power in California: 2007 Status Report," providing an update on nuclear power generation in California. According to the report, "A repository at Yucca Mountain is still at least a decade away from being opened, and the opening date continues to slip. Alternatives to Yucca Mountain are being considered because of concerns about the viability of the repository. California utilities should therefore continue to plan for indefinite storage of spent fuel at power plant sites and should continue to move spent fuel to on-site dry cask storage facilities.

Nuclear waste can be transported safely with manageable risks to the public if shipments are conducted in strict compliance with existing regulations, but constant vigilance is required. Although extreme accidents are unlikely, their probability can be reduced through route-specific analyses to identify and diminish potential hazards. Greater information sharing by the US DOE regarding spent fuel transport routes and plans is needed to allow state and local input and to gain public confidence in these shipments. California could be strongly affected by repository shipments, since many spent fuel and high-level waste shipments could be routed through the state en-route to Yucca Mountain."

Interim Consolidated Storage Act of 2015: H.R. 3643, also known as the "Interim Consolidated Storage Act of 2015," (introduced in the United States House of Representatives in 2015) would amend the Nuclear Waste Policy Act of 1982 to authorize the secretary of the DOE to enter into contracts for the storage of certain high-level radioactive waste and spent nuclear fuel, take title to the material, and use interest from the Nuclear Waste Fund to move forward with interim storage sites.

H.R. 3643 would have allowed nuclear waste from SONGS to be temporarily stored off-site. Much of SONGS's nuclear waste is currently in cooling pools. The federal bill would have allowed waste to be moved off-site within a few years, when it is cool enough for transport. A proposed interim storage site northeast of El Paso, Texas, has been identified as a potential home for SONGS's nuclear waste. H.R. 3643 would have allowed nuclear waste to be moved from SONGS, as well as from Diablo Canyon Power Plant and Rancho Seco Nuclear plant in California, and other sites nationwide. H.R. 3643 was not passed by the House of Representatives and as of April 2017, a similar measure has not been introduced in Congress this year.

Recent developments at SONGS: On April 7, 2017, Southern California Edison, the owners of SONGS, announced that they will begin negotiations aimed a relocating tons of radioactive waste from their SONGS facility. This announcement was made as part of settlement discussions regarding a lawsuit that was filed against Edison. Additionally, a motion was filed in court asking that an upcoming hearing on the lawsuit be postponed until July 2017, so that parties can work out details of the settlement.

Given the recent developments at SONGS, and the renewed efforts of the Trump Administration to identify and build a nuclear waste storage site, it is prudent for California to review its existing regulations and policies governing the transporting of hazardous radioactive waste on California’s roads and highways.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Josh Tooker / E.S. & T.M. /