Radioactive Waste Disposal.

Transcription

1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives Radioactive Waste Disposal. Follow this and additional works at: Recommended Citation Radioactive Waste Disposal. California Initiative 700 (1996). This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact

2 DIVISIONS: Archives Corporate Filings ElectIons Informauon Technology, '~mlled Pannershlp ldagemem ServIces.tary Public Political Reform UnIform Commercial Code BILL JONES ELECTIONS DIVISION (916) I I th STREET SACRAMENTO. CA V Oler RegIstration Hotline VOTE For Heartng and Speech ImpaIred Only c! mall: comments@ss.ca.goy ~e(rrtar!, af ~tate ~tate af '!California June 14, 1996 #700 TO: ALL COUNTY CLERKS/REGISTRARS OF VOTERS AND PROPONENT (96212) FROM: CATHY MITCHELL Initiative Coordinator Pursuant to Elections Code section 9030(b), you are hereby notified that the total number of signatures to the hereinafter named proposed INITIATIVE STATUTE filed with all county elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient; therefore, the petition has failed. TITLE: RADIOACTIVE WAST DISPOSAL. INITIATIVE STATUTE. SUMMARY DATE: January 4, 1996 PROPONENT: Ernest Goitein - "Ensuring the integrity of California's electim process" Pnnled on RecyCled Paper

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4 -, Bill Jones Secretary of State th Street Sacramento, CA Elections Division (916) For Hearing and Speech Impaired Only: (800) /\ January 4, 1996 #700 TO ALL REGISTRARS OF VOTERS, OR COUNTY CLERKS, AND PROPONENT (96016) RADIOACTIVE WASTE DISPOSAL. INITIATIVE STATUTE. Pursuant to Section 336 of the Elections Code, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled: 1. Minimum number of signatures required Cal. Const., Art. II, Sec. 8(b), , Official Summary Date Elec. C., Sec , Thursday, 01/04/96 3. Petition Sections: a. First day Proponent can circulate Sections for signatures... Thursdav,Q1/04/96 Elec. C., Sec b. Last day Proponent can circulate and file with the county. All sections are to be filed at the same time within each county Monday. 06/03/96'" Elec. C., Secs. 336, 9030(a) c. Last day for county to determine total number of signatures affixed to petition and to transmit total to the Secretary of State Elec. C." Sec. 9030(b). (If the Proponent files the petition with the county on a date prior to 06/03/96, the county has eight working days from the filing of the petition to d,stermine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State.) Elec. C., Sec. 9030(b) r "'... Date adjustd for official deadline which falls on Saturday. Elec. C., Sec. 15.

5 , RADIOACTIVE WASTE DISPOSAL. INITIATIVE STATUTE. January 4, 1996 Page 2 - d. e. Secretary of State determines whether the total number of signatures filed with all county clerks meets the minimum number of required signatures, and notifies the counties... ~ Elec. C., Sec. 9030(c). Last day for county to determine total number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State...., Elec. C., Sec. 9030(d). (If the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than 06/22/96, the last day is no later than the thirtieth day after the county's receipt of notification.) Elec. C., Sec. 9030(d), (e) ** Monday, 08/05/96 f. If the signature count is more than 476,596 or less than 411,606 then the Secretary of State certifies the petition has qualified or failed, and notifies the counties. If the signature count is between 411,606 and 476,596 inclusive, then the Secretary of State notifies the counties using the random sampling technique to determine the validity of mj. signatures Elec. C., Secs. 9030(f), (g); 9031 (a). Thursday. 08/15/96 u g. Last day for county to determine actual number of mj. qualified voters who signed the petition, and totransmit certificate with a blank copy of the petition to the Secretary of State.... Monday. 09/30/96 Elec. C., Sec. 9031(b), (c). (If the Secretary of State notifies the county to determine the number of qualified voters who have signed the petition on a date other than 08/15/96, the last day is no later than the thirtieth working day after county's receipt of notification.) Elec. C., Sec. 9031(b), (c). h.. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient Elec. C., Sec (d), ** ** Date varies based on receipt of county certification.

6 RADIOACTIVE WASTE DISPOSAL. INITIATIVE STATUTE. January 4, 1996 Page 3 4. The Proponent of the above-named measure is: Ernest Goitein c/o: Heather Tattershall J. William Yeates Law Office 926 J Street, Room 612 Sacramento, CA (415) Important Points: (a) California law prohibits the use of signatures, names and addresses gathered on initiative petitions for any purpose other than to qualify the initiative measure for the ballot. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose, including fund raising or requests for support. Any such misuse constitutes a crime under California law. Elections Code section 1865(); Bilofsky v. Deukmejian (1981) 123 Cal.App. 3d 825,177 Cal.Rptr. 621; 63 Ops. Cal.Atty.Gen. 37 (1980). (b) Please refer to Elections Code sections 100, 101,104, 9001, 9008, 9009, 9021, and 9022 for appropriate format and type consideration in printing, typing, and otherwise preparing your initiative petition for circulation and signatures. Please send a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file. (c) (d) (e) (f) Your attention is directed to the campaign disclosure requirements of the Political Reform Act of 1974, Government Code section et seq. When writing or calling state or county elections officials, provide the official title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file. When a petition is presented to the county elections official for filing by someone other than the proponent, the required authorization shall include the name or names of the persons filing the petition. When filing the petition with the county elections official, please provide a blank petition for elections official use. NOTE TO PROPONENTS WHO WISH TO QUALIFY FOR THE NOVEMBEfl 5, 1996 GENERAL ELECTION: ThIs lnitiativ. must be certified for the ballot 131 days b.for. the.i.ction (Jun. 27,1996). Pleas. rememb.r to tim. your submissions accordingly. For.xampl., In ord.r to allow the maxlnlum tim. permitted by law for the random sampl. v.rlfication proc... It Is sugg.sted that propon.nts fil. their pellltions to county ei.ctions officials by April If a 100% check of signatures Is nec... ary, It Is advised thljt the p.titions b. fil.d by F.bruary 28, Sincerely, CATHY MITCHELL ELECTIONS SPECIALIST Attachment: POLITICAL REFORM ACT OF 1974 REQUIREMENTS

7 DANIEL E. LUNGREN Attorney General State of California DEPARTMENT OF JUSTICE 1300 I STREET. SUITE 12S P.O. BOX 9442SS SACRAMENTO. CA SS0 (916) 44S-9SSS Facsimile: (916) (916) January 4, 1996 F I LED In the office of the Sec:retary of of the State of Califomia Bill Jones Secretary of State th Street Sacramento, CA By~ JAN 4 i996 Re: Subject: File No: Initiative Title and Summary RADIOACTIVE WASTE DISPOSAL. INITIATIVE STATUTE. SA 95 RF 0046 Dear Mr. Jones: Pursuant to the provisions of sections 9004 and 336 of the Elections Code, you are hereby notified that on this day we mailed to the proponent of the above-identified ---./ proposed initiative our title and summary. Enclosed is a copy of our transmittal letter to the proponent, a copy of our title and summary, a declaration of mailing thereof, and a copy of the proposed measure. According to information available in our records, the name and address of the proponent is as stated on the declaration of mailing. Sincerely, DANIEL E. LUNGREN Attorney General THLEEN F. DaROSA Initiative Coordinator KFD:ms Enclosures

8 Date: File No: January 4, 1996 SA95RF0046 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:. RADIOACTIVE WASTE DISPOSAL. INITIATIVE STATUTE. Prohibits disposal of low-level radioactive waste by means of burial within state. Requires low-level radioactive wastes generated by medical, biomedical or biotechnical industries to be managed using retrievable and monitored facilities. Establishes third party liability fund for injury to persons or property from waste disposal, paid for through surcharge on waste generators. Exempts state from costs or liability for waste storage or disposal, except for wastes generated by state and local agencies. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Measure would result. in one-time state and county costs ranging from $8 million to $13.5 million, and ongoing annual costs in the range of $1 million to $2 million.

9 -...,-, Californians for Radioactive Safeguards P.O. Box Redwood City, CA f} Mdt, ~ I-A December 5, 1995 DEC Kathy DeRosa Initiative Coordinator Office of the Attornev General 1300 I Street Sacr3mento, CA Re: The Radioactive Waste Control and Water Protection Act of De:u- Ms. DeRosa:!~.T:~/::WE COORDINATOR. '::'=:~NE'{ GEN~RAL/S OFFICE Pursuant to our tele~hone. conversation, we are submittinlz - the entire te~"t of the initiative with the technical, nonsubsrantive changes we discussed included. These changes are submined based upon the undersmnciing that they will not necessitate restarting the IS-day review period. The changes a:.-e:.. Section 2 on page 1. Delete 'disposal." Please note that t.lus technical mistake 'HaS identified by the Deputy Legislative Analyst Daniel Kim who prepared the fiscal. analysis. The change is limited to the intent language only. The removal of the word "disposal" is for sake of Clarity, and will have no impact on the fisc:ll analysis. Should your office find this deletion to constitute a substrultive change. we v.ish. to remind you that notice of the November 27, 1995, deadline for submitting changes was not received by us until December 4, Apparently your office had a minor mixup... vith regard to the mailing address. Thank. vou for. vour coooeration - in this matter. Sincerely, Ernest Goitein Initiative Proponent.

10 .~/-/t, - INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TO THE HONORABLE SECRETARY OF STATE OF' CALIFORNIA We, the undersigned, registered, qualified voters of Caltlfornia, residents of County, hereby propose additions to the Health and Safety Code, relating to radioactive w1l.ste, and petition the Secretary of State to submit the same to the voters of California for- their adoption or rejection at the November 5, 1996, statewide general election. The proposed text of the measure reads as follows: SECTION 1. This act shall be known, and may be cited, as the Radioactive Waste Control and Water Protection Act of SECTION 2. The people of California find and declare the following: (a) Radioactive waste disposal poses a serious risk to their health and well being, as well as to the environment of this state. (b) In order to protect California's limited water resources and the people's right to a healthful and safe environment free from radioactivla cont.!lmination, it is the policy of the State of California that radioactive wastes must be stored in such a manner to prevent contamination of water, air, or soil. (c) Radioactive wastes resulting from medical diagnosis or treatment, or biological or earth science research activities may only be stored in licensed facilities. read: SECTION 3. Section is added to the Health and Safety Code to Section Notwithstanding any other provision of law, low-level radioactiye waste shall not be disposed of within this state by means of burial. SECnON 4. Section is added to the Health and Safety Code to read: To protect the environment, support medical needs, and shield the - taxpayers of tbi, state from fmancialliability, the department, in addition to the requirements imposed by Section 25811, shall require low-level radioactive wastes generated by the medical, biomedical, or biotechnical indlustries in this state, or in 1 -

11 any other state which is a party to the Southwestern Low-Level Radioactive Waste Disposal Compact, as specified in Section 25878, to be managed using retrievable and monitored facilities. SECl'ION 5. Section of the Health and Safety Code is added to read: The Department shall utilize the authority granted to this state to set a surcharge to establish a third-party liability fund t to subparagraph (b) of paragraph (3) of subdivision (G) of Article 3 of the Southwestern Low~leveI Radioactive Waste Disposal Compact, as specified in Section 25878, to assure that the state does not incur any cost!, and is not liable in, any way, for the disposal or storage of low-level radioactive waste in this state, except for waste generated by the State of Californi3. The fin3ncial responsibility for storing and disposing of radioactive wastes,shall remain with the generators of the waste. SECTION 6. Section is added to the Health and Safety Code to Read: Consistent with the Southwestern Low-level Radioactive \Vaste Disposal Compact, as specified in section 25878, this state shall not incur any costs or liability for the disposal or storage of low-level radioactive wastes in this state, except for those radioactive wastes generated by state and local agencies, including the University of California. Any such costs or liabilities shall be paid or, borne entirely by those persons who dispose of the low-level radioactive wastes. SECTION 7. If any provision of this act or the application thereocto any person or circumstance is held invalid, that invalidity shall not affect the remaining provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this initiative are 2

12 j severable., /' " SECTION 8. This act shall be liberally construed to further its purposes, including taking effect to the fullest extent allowable under the law. SECfION 9. This act shall be implemented in the most expeditious manner, and all state and local agencies and officials shall implement this act to the fullest extent of their authority SECTION 10. It is the express intent of the people of the State of Califo'rnia that this act shall take effect and become opemtive at 12:01 a.m. on ~ovember 6,1996.,,, 3,

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