EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Whereas, Few environmental challenges have proven more daunting

1-2 than the problems posed by high-level nuclear waste; and

1-3 Whereas, The proposed Nuclear Waste Policy Act of 1999 is a

1-4 disastrous response to these problems and if enacted would attack state

1-5 authority, create massive taxpayer liabilities and unwisely require an

1-6 "interim" storage facility for high-level nuclear waste which would directly

1-7 threaten the environment; and

1-8 Whereas, By requiring construction of an "interim" storage facility at

1-9 the Nevada Test Site, the proposed Nuclear Waste Policy Act of 1999

1-10 would require the unprecedented shipment of high-level nuclear waste

2-1 through 43 states endangering the lives of fifty million American citizens

2-2 who live within one-half mile of the proposed transportation routes; and

2-3 Whereas, Although there is the expectation that high-level nuclear

2-4 waste at reactors will eventually have to be moved, the provisions of the

2-5 Nuclear Waste Policy Act of 1999 exacerbate the risk of this dangerous

2-6 activity; and

2-7 Whereas, Despite the serious flaws with the proposed Yucca Mountain

2-8 site, studies are being conducted to determine whether the site is capable of

2-9 hosting a permanent repository for high-level nuclear waste, but if enacted,

2-10 the Nuclear Waste Policy Act of 1999 would prejudice those studies by

2-11 explicitly revoking federal regulations that establish guidelines for

2-12 determining the suitability of the site; and

2-13 Whereas, Upon the revocation of such regulations, requirements for

2-14 establishing the characteristics of the site, such as the time it takes for

2-15 water to travel and climactic stability, would be eliminated, thereby

2-16 undermining the integrity of any determination regarding the suitability of

2-17 the site for the storage of high-level nuclear waste; and

2-18 Whereas, A major cause for concern in designating the Nevada Test

2-19 Site as the "interim" storage facility is the high seismic activity that has

2-20 been taking place in the area, including seven earthquakes just last month

2-21 at 3.0 or greater with three jolts recorded at a magnitude of between 4.3

2-22 and 4.7 that struck at the eastern edge of the site; and

2-23 Whereas, Geologists have expressed concern over this seismic activity

2-24 stating that these recent earthquakes are part of a swarm of tremblors that

2-25 have occurred along the Rock Valley Fault zone, including a 5.8

2-26 magnitude quake on June 29, 1992, at Little Skull Mountain, which

2-27 knocked out windows, cracked walls and brought down ceiling panels at a

2-28 fields operations center approximately 12 miles from the site of the

2-29 proposed repository; and

2-30 Whereas, Federal law directs the Environmental Protection Agency to

2-31 enact regulations to protect the environment from repository radiation

2-32 releases, but the Nuclear Waste Policy Act of 1999 prohibits all efforts of

2-33 the Environmental Protection Agency to carry out this responsibility; and

2-34 Whereas, The reality is that the Nuclear Waste Policy Act of 1999

2-35 would create a single performance standard that would allow annual

2-36 radiation exposures of up to 100 millirems to an average member of the

2-37 surrounding population, a level four times the amount allowed by

2-38 regulation for storage facilities; and

2-39 Whereas, The Nuclear Waste Policy Act of 1999 contains broad

2-40 preemptions for environmental legislation including a provision stating

2-41 that any state or local law that is "inconsistent" with the requirements of

2-42 the proposed Act is preempted; and

3-1 Whereas, This proposed Act does not allow the Environmental Impact

3-2 Statement to question the size, need or timing of any "interim" storage

3-3 facility nor does it allow any questions relating to alternative locations or

3-4 design criteria; and

3-5 Whereas, The proposed "interim" storage facility site will have a

3-6 capacity of 40,000 MTUs which is sufficient space to store all of today’s

3-7 commercial nuclear waste and the license is to be a 100-year renewable

3-8 license which suggests that this proposed "interim" storage facility is

3-9 expected to become permanent; now, therefore, be it

3-10 Resolved by the Senate and Assembly of the State of Nevada,

3-11 Jointly, That the members of the 70th session of the Nevada Legislature

3-12 do hereby urge the Congress of the United States not to enact the Nuclear

3-13 Waste Policy Act of 1999, H.R. 45; and be it further

3-14 Resolved, That the Nevada Legislature is opposed to any further

3-15 consideration of the use of the Nevada Test Site as a national site for the

3-16 disposal of high-level nuclear waste; and be it further

3-17 Resolved, That the Secretary of the Senate prepare and transmit a

3-18 copy of this resolution to the Vice President of the United States as the

3-19 presiding officer of the Senate, the Speaker of the House of

3-20 Representatives and each member of the Nevada Congressional

3-21 Delegation; and be it further

3-22 Resolved, That this resolution becomes effective upon passage and

3-23 approval.