HomeMy WebLinkAboutCity Council position on Legislation pending before Congress (26) Dept. ID AD-16-024 Pagel of 2
Meeting Date: 8/15/2016
Approved 7-0
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/15/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Acting Assistant to the City Manager
Ken Donner, Assistant City Manager
SUBJECT: City Council position on Legislation pending before Congress and the State
Legislature as recommended by the City Council Intergovernmental Relations
Committee (IRC)
Statement of Issue:
On August 3, 2016, the Intergovernmental Relations Committee met and members recommended
the following: 1. "Support' position on House Resolution (H.R.) 3643; 2. "Oppose" position on two
bills Senate Bill 1170 (SB 1170) and Assembly Bill 2835 (AB 2835) pending before the State
legislature. This action requests the City Council authorization for the Mayor to sign City position
letters on H.R. 3643, SB 1170, and AB 2835.
Financial Impact: There is no fiscal impact.
Recommended Action:
A) Approve a City position of support for House Resolution 3643— The Interim Consolidated
Storage Act of 2015; and,
B) Approve a City position of oppose on SB 1170 (Wieckowski) — Public Contracts: Water Pollution
Prevention Plans Delegation; and,
C) Approve a City position of oppose on AB 2835 (Cooper) — Mandated Union Orientation Training;
and,
D) Authorize the Mayor to sign City position letters on H.R. 3643, SB 1170, and AB 2835.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
On Wednesday, August 3, 2016, the Intergovernmental Relations Committee met to discuss
pending State and Federal legislation. The Committee reviewed the 2016 State Legislative Matrix
provided by the City's State Advocate, Townsend Public Affairs. The Committee was also
presented with a request from Congress Member Darrell Issa to take a formal "support' position on
House Resolution (H.R.) 3643. The Committee members chose to take 'oppose' positions on SB
1170 and AB 2835.
Dept. ID AD-16-024 Page 2 of 2
Meeting Date: 8/15/2016
➢ House Resolution 3643 — The Interim Consolidated Storage Act of 2015
Passed in 1982, the Nuclear Waste Policy Act (NWPA) requires the Department of Energy
to remove spent nuclear fuel from nuclear power plants, in exchange for a fee, and transport
it to a permanent geologic repository for disposal. Congress amended the NWPA's site
selection process in 1987 and designated Yucca Mountain, Nevada, as the sole candidate
site for permanent disposal. Since 2009, the Obama Administration and the Department of
Energy have taken a number of steps directed toward terminating the Yucca Mountain
project. Originally scheduled to be completed in 1998, the Yucca Mountain facility is long
overdue; the permanent repository is already decades behind schedule. This Resolution
seeks to find an interim solution for spent nuclear fuel. Interim consolidated storage will
allow for the Department of Energy to move used fuel and high-level nuclear waste at
decommissioned locations, such as the San Onofre Nuclear Generating Station, thereby
satisfying the federal government's obligation under the NWPA.
➢ SB 1170 (Wieckowski) — Public Contracts: Water Pollution Prevention Plans
(Delegation) — This bill would prohibit public agencies (except the State) from delegating to
a contractor the responsibility for developing stormwater pollution prevention plans
(SWPPP) or assuming responsibility for its accuracy or completeness. This bill has the
potential to increase costs for public works construction projects as contractors could now
go back to the City and argue that the SWPPP designed by the City is not adequate, which
in turn would add time and money to an existing contract through a change order which
benefits the contractor and not the City.
➢ AB 2835 (Cooper) — Mandated Union Orientation Training
AB 2835 would require that local agencies provide employee unions 30 minutes of
orientation time paid by the employee within the first hour of an employer's orientation.
Employee organizations already have the right to negotiate the issue of orientations.
Placing the details of employee orientations in statute would create costly logistical and
administrative burdens for cities. AB 2835 fails to take into consideration the varied
circumstances of the public agencies that would be subject to its requirements.
The Intergovernmental Relations Committee approved a "support" position on H.R. 3643 and
"oppose" positions on SIB 1170 and AB 2835.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. SIB 1170 (Wieckowski) — Public Contracts
2. AB 2835 (Cooper) — Mandated Union Orientation Training
3. H.R. 3643 -Amend the Nuclear Waste Policy Act of 1982
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 6, 2016
SENATE BILL No. 1170
Introduced by Senator Wieckowski
(Coauthor: Senator Hill)
(Goaufhon Assembly Member Alejo)
(Coauthors:Assembly Members Alejo and Frazier)
February 18, 2016
An act to add Section 7107.5 to the Public Contract Code, relating
to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1170,as amended,Wieckowski.Public contracts:water pollution
prevention plans: delegation.
Existing law prohibits a local public entity, charter city, or charter
county from requiring a bidder on a public works contract to assume
responsibility for the completeness and accuracy of architectural or
engineering plans and specifications on public works projects, except
as specified.
Existing law requires the State Water Resources Control Board and
the 9 California regional water quality control boards to prescribe waste
discharge requirements in accordance with the National Pollutant
Discharge Elimination System (NPDES) permit program established
by the federal Clean Water Act and the Porter-Cologne Water Quality
Control Act. Existing law regulates the discharge of pollutants in
stormwater associated with construction activity to waters of the United
States from construction sites that disturbs one or more acres of land
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SB 1170 —2—
surface, or that is part of a common plan of development or sale that
disturbs more than one acre of land surface.
This bill, except as specified, would prohibit a public entity, charter
city, or charter county from delegating to a contractor the development
of a plan,as defined,used to prevent or reduce water pollution or runoff
on a public works contract. The bill would also prohibit a public entity,
charter city, or charter county from requiring a contractor on a public
works contract that includes compliance with a plan to assume
responsibility for the completeness and accuracy of a plan developed
by that entity. The bill would provide that these prohibitions do not
apply to contracts that use specified procurement methods if the
contractor or construction manager at risk is required by the bid or
procurement documents to retain a plan developer for the project owners.
The bill would also declare that this is a matter of statewide concern.
The bill would state that its provisions are declaratory of existing law,
as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that the Legislature finds there is no mandate
contained in the bill that will result in costs incurred by a local agency
or school district for a new program or higher level of service which
require reimbursement pursuant to these constitutional and statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 7107.5 is added to the Public Contract
2 Code, to read:
3 7107.5. (a) As used in this section, the following definitions
4 shall apply:
5 (1) "Plan"means a stormwater pollution prevention plan,water
6 pollution control program,or any other plan required by a regional
7 water quality control board to prevent or reduce water pollution
8 or runoff on a public works project, pursuant to State Water
9 Resources Control Board Order No. 2009-0009-DWQ.
10 (2) "Plan developer" means a qualified stormwater pollution
11 prevention plan developer or a qualified stormwater pollution
96
-3— SB 1170
1 prevention plan practitioner as those terms are defined in Appendix
2 5 of State Water Resources Control Board Order No.
3 2009-0009-DWQ.
4 (b) (1) (A) A public entity,charter city,or charter county shall
5 not delegate to a contractor the development of a plan on a public
6 works contract.
7 (B) Subparagraph (A) shall not apply to any of the following:
8 (i) A department or agency of this state.
9 (ii) A facility under the ownership, control, management,
10 maintenance, or jurisdiction of a department or agency of this
11 state.
12 (iii) A public works contract that implements a project, or a
13 portion of a project, on any facility under the ownership, control,
14 management, maintenance, or jurisdiction of any department or
15 agency of this state.
16 (C) Subparagraph (A) shall not apply to a contract for
17 architectural or engineering services relating to the development
18 of a plan on a public works contract.
19 (D) This section does not restrict a public entity, charter city,
20 or charter county from contracting with a
21 .plan developer, the employer
22 of a plan developer, or an architect or engineer that subcontracts
23 with a plan developer for the purpose of developing a plan.
24 (2) A public entity, charter city, or charter county shall not
25 require a contractor on a public works contract that includes
26 compliance with a plan to assume responsibility for the
27 completeness and accuracy of the plan developed by that entity.
28 (c) Subdivision (b) shall apply to all public works contracts
29 except contracts that use the following statutorily authorized
30 procurement methods, if the contractor or construction manager
31 at risk is required by the bid or procurement documents to retain
32 a plan developer for the project owners:
33 (1) Design-build.
34 (2) Best value.
35 (3) Construction manager at risk.
36 (d) Nothing in this section shall be construed to prohibit ageeal
37 public entity,charter city,or charter county from requiring a bidder
38 or contractor on a public works contract to review any applicable
39 plan and report any errors or omissions noted to the public entity
40 or its plan developer.The review by the contractor shall be limited
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SB 1170 —4-
1 to the contractor's capacity as a contractor and not as a licensed
2 design professional or plan developer.
3 SEC.2. The Legislature finds and declares that it is of statewide
4 concern to require a public entity, charter city, or charter county
5 to be responsible for the development of, and completeness and
6 accuracy of, a plan to prevent or reduce water pollution or runoff
7 on a public works project.
8 SEC. 3. The addition of Section 7107.5 to the Public Contract
9 Code made by this act does not constitute a change in, but is
10 declaratory of, existing law, including,but not limited to, Chapter
11 7 (commencing with Section 6700) of Division 3 of the Business
12 and Professions Code, Title 12 (commencing with Section 2772)
13 of Part 4 of Division 3 of the Civil Code, and Section 1104 of the
14 Public Contract Code.
15 SEC. 4. The Legislature finds that there is no mandate
16 contained in this act that will result in costs incurred by a local
17 agency or school district for a new program or higher level of
18 service which require reimbursement pursuant to Section 6 of
19 Article XIII B of the California Constitution and Part 7
20 (commencing with Section 17500) of Division 4 of Title 2 of the
21 Government Code.
O
96
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 2835
Introduced by Assembly Member Cooper
(Principal coauthor: Senator Pan)
February 19, 2016
An act to add Chapter 11 (commencing with Section 3550)to Division
4 of Title 1 of the Government Code, relating to public employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2835, as amended, Cooper. State employees- memorandum o
Public employees: orientation and informational
programs: recognized employee organizations.
(1) Existing law, including the Meyers-Milias-BrownAct, the Ralph
C. Dills Act, the Trial Court Employment Protection and Governance
Act, the Trial Court Interpreter Employment and Labor Relations Act,
and the Los Angeles County Metropolitan Transportation Authority
Transit Employer-Employee Relations Act, as well as provisions
commonly referred to as the Educational Employment Relations Act
and the Higher Education Employer-Employee Relations Act, regulates
the labor relations of the state, the courts, and specified local public
agencies and their employees. Existing law establishes the Public
Employment Relations Board and prescribes its powers and duties, in
relation to these acts. These acts grant specified public employees of
these entities the right to form,join, and participate in the activities of
employee organizations of their choosing and requires public agency
employers, among other things, to meet and confer with representatives
97
AB 2835 —2—
of recognized employee organizations and exclusive representatives on
terms and conditions of employment.
This bill would require the public employers regulated by the acts
described above to provide newly hired employees, as defined, a
specified public employee orientation within 2 months of hiring. The
bill would require these orientations to be conducted during the regular
workday at the worksite, except as specified, and that all newly hired
employees attend the orientation in person. The bill would require the
scheduling of these orientations to be agreed upon with the recognized
employee organization or exclusive representative. The bill would
require the pertinent recognized employee organization or exclusive
representative to be permitted to make a presentation of 30 minutes to
begin within one hour of the start of the orientation if employees are
represented by a recognized employee organization or exclusive
representative, as specified. The bill would require that the content of
these presentations be determined exclusively by the recognized
employee organization or exclusive representative.
This bill would require,prior to the implementation of the provisions
described above, that the public employer provide a recognized
employee organization or exclusive representative the same level of
access to orientations allowed as of June 1, 2016. The bill would require
an affected public employer to provide the recognized employee
organization or exclusive representative with the name, job title,
department, work location,phone number, and home address of newly
hired employees within 7 days of the date of hire and notice of a
scheduled orientation not less than 10 days prior to the orientation, as
specified. The bill would permit a public employer and a recognized
employee organization or exclusive representative to negotiate an
agreement regarding these employee orientation sessions.
The bill would provide that the obligation of affected public employers
to meet and confer with regard to matters within the scope of
representation includes an obligation to meet and confer regarding
informational programs for current employees that are similar to the
orientations provided to new employees. The bill would require the
content of any employee organization presentation included as a part
of these informational programs to be determined solely by the
recognized employee organization or exclusive representative and that
the content is not subject to negotiation.
The bill would provide that affected public employers do not
unlawfully support or favor an employee organization or encourage
97
—3— AB 2835
employees to join any organization in preference to another, as
specified, by permitting presentations at employee orientations or
informational programs, as described above, or consistent with a
negotiated agreement. The bill would grant the Public Employment
Relations Board jurisdiction over a violation of these provisions. By
creating new duties for various local agencies, this bill would impose
a state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, with regard to certain mandates, no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
requires the expenditure of �unds does not beeome effeetive unless
approved by the Legislature in the atittual Budget Aet.
Would provide 41at 41ese. . . ill Ibeeonte eff-eetive even 4 flies e-
. . re approved by the I=egislature in legislation other than the
The bill would provide that Provisions Of the memorandum 0
appropriated lay file 1::egislatttre' and Would require 4le state eftvloyer
and t4ie affeeted employee ofganization to meet and eonf�r to renegotiate
the affeeted Provisions if�utids for tho are not speeifteally
approptiated by the Legislatufe.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: eyes.
97
AB 2835 —4—
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 11 (commencing with Section 3550) is
2 added to Division 4 of Title 1 of the Government Code, to read:
3
4 CHAPTER 11. PUBLICEMPLOYEE ORIENTATIONAND
5 INFORMATIONAL PROGRAMS
6
7 3550. (a) A public employer specified in Section 3552 shall
8 provide all newly hired public employees a public employee
9 orientation within two months of the time of hiring that shall
10 include, but is not limited to, all of the following:
11 (1) The personnel policies of the public employer, including
12 sexual harassment, violence prevention, and safety plans.
13 (2) Any applicable civil service rules.
14 (3) Any ethics or conflict-of-interest rules to which the public
15 employee is subject, if applicable.
16 (4) Any employer provided benefit programs for which the
17 public employee is eligible.
18 (b) An orientation described in subdivision(a)shall meet all of
19 the following minimum requirements:
20 (1) Orientations shall be conducted during the regular workday
21 and shall take place at the worksite, unless the public employer
22 and recognized employee organization or exclusive representative
23 have agreed otherwise. The scheduling of orientations shall be
24 agreed upon with the recognized employee organization or
25 exclusive representative. All newly hired public employees shall
26 attend in person.
27 (2) If employees are represented by a recognized employee
28 organization or exclusive representative, representatives of the
29 recognized employee organization or exclusive representative
30 shall be permitted to make a presentation of 30 minutes to begin
31 within one hour of the start of the orientation that shall include,
32 but is not limited to, all of the following:
33 (A) Information about the memorandum of understanding,
34 including the term of the agreement, eligibility to vote on its
35 ratification, and how to access the contract.
36 (B) Any union benefit for which members may be eligible.
37 (C) Contact information for the exclusive representative.
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—5— AB 2835
1 (3) If no representative from the recognized employee
2 organization is present during the designated start time of that
3 part of the presentation, there is no requirement that they be
4 afforded additional time.
5 (4) If employees in different bargaining units are provided a
6 combined orientation, employees in each bargaining unit shall be
7 provided a separate space in which the employee organization
8 representing each bargaining unit shall be permitted to address
9 its bargaining unit members during the time allotted for the
10 recognized employee organization's or exclusive representative's
11 presentation. In addition to other representatives, each recognized
12 employee organization or exclusive representative may designate
13 one employee representative who may attend the orientation on
14 paid time. The content of the recognized employee organization's
15 or exclusive representative's presentation shall be determined
16 solely by the employee organization and shall not be subject to
17 negotiation. The presentation shall not include advocacy for or
18 against a candidate for political office or ballot measure. Prior
19 to implementing the orientation requirements set forth in this
20 subdivision, the public employer shall provide at least the level of
21 access to, and the opportunity to make presentations at,
22 orientations that the public employer allowed the recognized
23 employee organization or exclusive representative as of June 1,
24 2016, and nothing herein shall be construed as infringing upon
25 or limiting that access.
26 (c) Notwithstanding Sections 6254 and 6254.3, the public
27 employer shall provide the recognized employee organization or
28 exclusive representative with the name,job title, department, work
29 location, telephone number, and home address of any newly hired
30 employee within seven days of the date of hire and notice of a
31 scheduled orientation not less than 10 days prior to the orientation
32 unless earlier notice is required by an agreement with the
33 recognized employee organization or exclusive representative.
34 The information identified in this subdivision shall be provided to
35 the recognized employee organization or exclusive representative
36 regardless of whether the newly hired public employee was
37 previously employed by the public employer. The information
38 under this section shall be provided in a manner consistent with
39 paragraph(3)of subdivision(a)of Section 6254.3. The information
40 under this section shall be provided in a manner consistent with
97
AB 2835 —6—
1 Section 6207 for any employee who is a participant in the address
2 confidentiality program established pursuant to Chapter 3.1
3 (commencing with Section 6205) of Division 7 of Title 1.
4 (d) This section does not prohibit a public employer and a
5 recognized employee organization or exclusive representative from
6 negotiating an agreement providing for orientation sessions that
7 vary from the requirements of this section. However, if the public
8 employer and the recognized employee organization or exclusive
9 representative do not reach a mutual agreement regarding the
10 orientation sessions, all of the requirements of this section shall
11 apply.
12 (e) A public employer identified in Section 3552 does not
13 unlawfully support or favor an employee organization or encourage
14 employees to join any organization in preference to another as
15 prohibited by subdivision(d) of Section 3506.5, subdivision(d) of
16 Section 3519, subdivision(d)of Section 3543.5, or subdivision(d)
17 of Section 3571 of this code, or subdivision(d)of Section 99563.7
18 of the Public Utilities Code, or any other state law, by permitting
19 a recognized employee organization or exclusive representative
20 the opportunity to present at employee orientations and
21 informational programs as required by this section or consistent
22 with a negotiated agreement pursuant to Section 3551.
23 3551. (a) The obligation established by Sections 3505, 3517,
24 3543.3, 3570, 71634.2, and 71818 of this code and Section 99563.4
25 of the Public Utilities Code to meet and confer in good faith
26 regarding terms and conditions of employment includes an
27 obligation to meet and confer regarding informational programs
28 for current state employees that are similar to the state employee
29 orientations required by Section 3550. The establishment,
30 scheduling, and administration of these programs shall be
31 negotiated by the public employer and the recognized employee
32 organization or exclusive representative pursuant to the applicable
33 law governing the public employment relationship at issue in the
34 same manner as other matters within the scope of representation.
35 The content of any recognized employee organization presentation
36 included as part of the informational program shall be determined
37 solely by the recognized employee organization or exclusive
38 representative and shall not be subject to negotiation. The failure
39 to reach agreement on an employee informational program shall
40 be subject to the mediation provisions of law governing the public
97
-7— AB 2835
1 employment relationship at issue in the same manner as other
2 matters within the scope of representation.
3 (b) Notwithstanding Sections 6254 and 6254.3, the public
4 employer shall provide the recognized employee organization or
5 exclusive representative with a list containing the name,job title,
6 department, work location, telephone number, and home address
7 of all employees in the bargaining unit at least every 90 days,
8 unless more frequent or more detailed lists are required by an
9 agreement with the recognized employee organization or exclusive
10 representative. The information under this section shall be provided
11 in a manner consistent with paragraph (3) of subdivision (a) of
12 Section 6254.3. The information under this section shall be
13 provided in a manner consistent with Section 6207 for any
14 employee who is a participant in the address confidentiality
15 program established pursuant to Chapter 3.1 (commencing with
16 Section 6205) of Division 7 of Title 1.
17 3552. (a) This chapter shall only apply to public employers
18 subject to Chapter 10 (commencing with Section 3500), Chapter
19 10.3(commencing with Section 3512), Chapter 10.7(commencing
20 with Section 3540), or Chapter 12(commencing with Section 3560)
21 of Division 4 of Title 1, Chapter 7 (commencing with Section
22 71600) or Chapter 7.5 (commencing with Section 71800) of Title
23 8 of this code, or Chapter 7(commencing with Section 99560) of
24 Part 11 of Division 10 of the Public Utilities Code.
25 (b) For purposes of this chapter, "newly hired public employee"
26 shall mean any employee, whether permanent, temporary, full
27 time, or part time, hired by a public employer, to which this chapter
28 applies, and who is still employed as of the date of the new hire
29 orientation.
30 (c) The Public Employment Relations Board shall have
31 jurisdiction over violations of this chapter. The powers and duties
32 of the board described in Section 3541.3 shall apply, as
33 appropriate, to this chapter.
34 SEC. 2. No reimbursement is required by this act pursuant to
35 Section 6 of Article XIII B of the California Constitution because
36 the only costs that may be incurred by a local agency or school
37 district under this act would result from a legislative mandate that
38 is within the scope of paragraph (7) of subdivision (b) of Section
39 3 of Article I of the California Constitution.
97
AB 2835 —8—
1 However, if the Commission on State Mandates determines that
2 this act contains other costs mandated by the state, reimbursement
3 to local agencies and school districts for those costs shall be made
4 pursuant to Part 7(commencing with Section 17500) of Division
5 4 of Title 2 of the Government Code.
6
7
8
9 3517.5 of the G.............ent Code.
10 SEG. -2. The PthVisions of the fnefftorandufft of ttfiderstanding
11 prepared pursuatit to Seetion 3517.5 of the Govertitnent Code and
12
13
14
15 the Dove �w �t G 4
16 SEG. 3. The pthvisiotis of the tnefftorandufft of understanding
17
18
19
20
21 state employer and the affeeted employee organization shall tnee
22 and eonfer to rettegotiate the affeeted provisioftt.
23 SEG. 4. Seetion 3517.6 of the Govertifften
24
25
26
27 tnetnorandutn of understanding are approved by the I=egislatur-e
28 in legislation other fhati the atittual Budget Aet.
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us.covEwN O Nr
INFOR MMN0
GPO
I
114 CONGRESS IS H• R• 3643
1ST SESSION
To amend the Nuclear Waste Policy Act of 19S2 to authorize the Secretary
of Energy to enter into contracts for the storage of certain high-level
radioactive waste and spent nuclear fuel, take title to certain high-
level radioactive waste and spent nuclear fuel, and make certain expendi-
tures from the Nuclear Waste Fund.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMEER 29, 2015
Mr. CONAWAY (for himself, Mr. ISSA, Mr. COURTNEY, Mr. SAM JOHNSON Of
Texas, Mr. NEUGEEAUER, Mr. FARENTHOLD, MS. MATSUI, MS. PIN-
GREE, MS. GRANGER, Mr. GENE GREEN Of Texas, Mr. MARCHANT, Mr.
CULEERSON, Mr. SMITH Of Texas, and Mr. CARTER Of Texas) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
A BILL
To amend the Nuclear Waste Policy Act of 1982 to authorize
the Secretary of Energy to enter into contracts for the
storage of certain high-level radioactive waste and spent
nuclear fuel, take title to certain high-level radioactive
waste and spent nuclear fuel, and make certain expendi-
tures from the Nuclear Waste Fund.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States ofAmerica in Congress assembled,
2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the "Interim Consolidated
3 Storage Act of 2 015".
4 SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE
5 FACILITY.
6 Section 2 of the Nuclear Waste Policy Act of 19S2
7 (42 U.S.C. 10101) is amended by adding at the end the
8 following new paragraph:
9 "(35) The term `interim consolidated storage
10 facility' means a facility that possesses a specific li-
11 cense issued by the Commission that authorizes stor-
12 age of high-level radioactive waste or spent nuclear
13 fuel received from the Secretary or from two or more
14 persons that generate or hold title to high-level ra-
15 dioactive waste or spent nuclear fuel generated at a
16 civilian nuclear power reactor.".
17 SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL
18 RADIOACTIVE WASTE AND SPENT NUCLEAR
19 FUEL.
20 (a) STORAGE OF SPENT NUCLEAR FUEL.—Section
21 135(h) of the Nuclear Waste Policy Act of 19S2 (42
22 U.S.C. 10155(h)) is amended by striking "Notwith-
23 standing any other provisions of law" and inserting "Ex-
24 cept as provided in section 302, and subtitle I of title V.
•HR 3643 IH
3
1 (b) INTERIM CONSOLIDATED STORAGE.—Title I of
2 the Nuclear Waste Policy Act of 19S2 (42 U.S.C. 10121
3 et seq.) is amended by adding at the end the following:
4 "Subtitle I—Interim Consolidated
5 Storage
6 "SEC. 190. INTERIM CONSOLIDATED STORAGE.
7 "(a) IN GENERAL.—The Secretary may enter into
8 contracts for the storage of high-level radioactive waste
9 or spent nuclear fuel with any person that holds a license
10 for an interim consolidated storage facility.
11 "(b) DEFINITION OF HIGH-LEVEL RADIOACTIVE
12 WASTE.—For purposes of this subtitle and section 302,
13 the term `high-level radioactive waste' includes Greater
14 than Class C waste as defined in section 72.3 of title 10,
15 Code of Federal Regulations. Nothing in this section or
16 section 191 shall be interpreted to affect existing judicial
17 interpretation of the term high-level radioactive waste or
18 to require the disposal of Greater than Class C waste in
19 a repository.
20 "SEC. 191. CONTRACTS.
21 "(a) IN GENERAL.—The Secretary may enter into
22 new contracts or modify existing contracts with any person
23 who generates or holds title to high-level radioactive waste
24 or spent nuclear fuel of domestic origin for the acceptance
25 of title and subsequent storage of such waste or fuel at
•HR 3643 IH
4
1 an interim consolidated storage facility, with priority for
2 storage given to high-level radioactive waste and spent nu-
3 clear fuel located on sites without an operating nuclear
4 reactor.
5 "(b) CONTRACT TERMS.—A contract entered into or
6 modified under this section shall provide that acceptance
7 by the Secretary, and transfer of title under subsection
8 (d), of any high-level radioactive waste or spent nuclear
9 fuel for an interim consolidated storage facility satisfies
10 the Secretary's responsibility under a contract entered
11 into under section 302(a) to accept title to such waste or
12 fuel for disposal, with respect to such accepted waste or
13 fuel.
14 "(c) LIMITATION.—The Secretary shall not require a
15 person to settle claims against the United States for the
16 breach of a contract entered into under section 302(a) for
17 the disposal of high-level radioactive waste or spent nu-
18 clear fuel as a condition precedent of entering into or
19 modifying a contract under this section.
20 "(d) TITLE TO MATERIAL.—Delivery, and acceptance
21 by the Secretary, of any high-level radioactive waste or
22 spent nuclear fuel for an interim consolidated storage fa-
23 cility shall constitute a transfer to the Secretary of title
24 to such waste or fuel.".
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1 (c) NUCLEAR, WASTE FUND.—Section 302(d) of the
2 Nuclear Waste Policy Act of 19S2 (42 U.S.C. 10222(d))
3 is amended-
4 (1) in paragraph (4), by striking "in a mon-
5 itored, retrievable storage site" and inserting "in an
6 interim consolidated storage facility or monitored re-
7 trievable storage site,";
8 (2) in paragraph (5)-
9 (A) by striking "a monitored, retrievable
10 storage site" and inserting "an interim consoli-
11 dated storage facility site, a monitored retriev-
12 able storage site,";
13 (B) by striking "such repository, mon-
14 itored, retrievable storage facility" and insert-
15 ing "such repository, interim consolidated stor-
16 age facility, monitored retrievable storage facil-
17 ity,"; and
18 (C) by striking "; and" and inserting a
19 semicolon;
20 (3) by redesignating paragraph (6) as para-
21 graph (7);
22 (4) by inserting after paragraph (5) the fol-
23 lowing:
24 "(6) the fees and costs in connection with the
25 storage of high-level radioactive waste or spent nu-
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1 clear fuel in an interim consolidated storage facility;
2 and"; and
3 (5) by inserting "For purposes of the preceding
4 sentence, fees and costs described in paragraph (6)
5 shall not be considered amounts for the construction
6 or expansion of any facility." after "this or subse-
7 quent legislation.".
8 (d) APPROPRIATIONS FROM THE WASTE FUND.-
9 Section 302(e)(2) of the Nuclear Waste Policy Act of 19S2
10 (42 U.S.C. 10222(e)(2)) is amended-
11 (1) by inserting "(A)" before "The Secretary
12 shall submit"; and
13 (2) by adding at the end the following:
14 "(B) Notwithstanding subparagraph (A), subject to
15 subparagraph (C), necessary amounts shall be available to
16 the Secretary from the Waste Fund without additional ap-
17 propriations to pay for the following:
18 "(i) Costs described in subsection (d)(4) in con-
19 nection with storage in an interim consolidated stor-
20 age facility.
21 "(ii) Costs described in subsection (d)(5) in
22 connection with an interim consolidated storage fa-
23 cility.
24 "(iii) Fees and costs described in subsection
25 (d)(6).
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1 "(C) The Secretary shall not expend, on fees for dry
2 modes of storage of high-level radioactive waste or spent
3 nuclear fuel, amounts totaling more than the cumulative
4 amount of interest generated by the Waste Fund each fis-
5 cal year, beginning in fiscal year 2016.".
O
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