New Mexico Senate passes bill to block nuclear waste project near Carlsbad and Hobbs

A bill intended to block a nuclear waste storage project in southeast New Mexico took a big step toward becoming law this week, passing the State Senate Monday on a 21-13 vote.

Senate Bill 53 was introduced by Las Cruces Sen. Jeff Steinborn (D-36) a frequent critic of a proposal by Holtec International to build a temporary storage site for spent nuclear fuel rods at a remote site near Carlsbad and Hobbs.

The bill would prevent the State from issuing permits needed to operate such a site should it lack expressed consent from New Mexico officials and if the federal government has yet to site a permanent disposal site for the waste.

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It would also expand membership of the state’s Radioactive Waste Consultation Task Force, and the body’s duties to include oversight of private nuclear waste facilities like Holtec’s in addition to federal sites as specified in present state law.

If the Holtec project is built, it will hold up to 100,000 metric tons of spent nuclear fuel on a 40-year license issued by the federal Nuclear Regulatory Commission (NRC), brought in from power plants around the country.

The NRC’s final decision was expected this year after the agency’s environmental analysis found the Holtec project would have minimal impact.

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It’s supported by local government leaders in the region, but largely opposed by New Mexico state officials including Gov. Michelle Lujan Grisham, her cabinet and several state lawmakers.

The debate brough forth questions of local control, federal preemption and state’s rights.

Supporters argued the federal government alone can regulate nuclear waste, but opponents in New Mexico cited the state’s history of nuclear impacts starting with the first atomic bombs tested at the Trinity Site in 1945 near Carrizozo and continuing through uranium mining in northern New Mexico.

After Monday's Senate vote, Holtec officials said they were "disappointed" by state lawmakers who voted for the bill, contending the project had strong support from the local community, was safe, and could help boost southeast New Mexico's economy.

"With strong support from the local communities and their leadership, the proposal to site the facility in southeast New Mexico is one that we still believe makes sense from an economic, environmental, safety, and security perspective," said Holtec Director of Government Affairs and Communications Patrick O'Brien.

O'Brien warned the measure could result in litigation, arguing the federal government alone possessed authority to regulate nuclear materials.

"As opponents of the bill noted during committee hearings there remain multiple issues with the passage, including preemption by federal law, which could lead to a lengthy and costly legal challenge for all involved," he said.

More:Bill to block nuclear waste storage site near Carlsbad supported by lawmakers via vote

Lawmaker says state consent needed to site nuclear facility

On the Senate Floor, Steinborn said the legislation was needed to protect New Mexico from federal decisions that could leave the state as the sole resting place for the U.S.’ spent nuclear fuel which is presently stored onsite at reactors.

He said the Holtec site would have the capacity to store “more than twice” the existing national stockpile of waste.

That would endanger communities throughout the state, Steinborn said, as the waste would be transported via rail through “all parts of New Mexico,” regardless of recent opposition from state leaders.

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“Our state did not ask for this and in fact, our state really doesn’t have a say in the matter,” Steinborn said.

He pointed to a program the federal government began last year to develop a “consent-based” process to site future nuclear waste sites.

The program would see states that want to host such facilities apply for them and develop the facilities alongside Department of Energy which announced $16 million last year was earmarked for such a rulemaking.

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“That’s what needs to happen,” Steinborn said. “No state should have this consequential of an event occur in their state without their input and their consent.”

Radioactive risk or economic 'opportunity?'

Carlsbad Mayor Dale Janway said local communities that would host Holtec did support the project and opposed the legislation he called a “harmful bill” that would prevent economic diversity in the oil-dependent region.

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The City of Carlsbad, along with Hobbs and Eddy and Lea counties formed the Eddy-Lea Energy Alliance (ELEA), which bought the land in 2009, and worked to site the project and recruit Holtec.

The Alliance would receive 30 percent of the facility’s revenue in exchange for promoting the proposal and lobbying support from state government, according to a 2016 Eddy County record of the deal.

“We continue to oppose the philosophy that labels projects such as this as some sort of state burden, when they should more appropriately be viewed as an opportunity to diversify our economy,” Janway said.

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He said nuclear waste was already transported around the U.S. without incident, a point he said should be a factor in future discussion and actions as SB 53 moves on to the House of Representatives.

“We are hopeful that the House committees reviewing this harmful bill will consider these points, especially the unparalleled safety record of the nuclear transportation program, and the consent of those who would live near the facility,” Janway said.

Sen. Gay Kernan (R-42) of Hobbs, a supporter of Holtec and critic of the bill said the project would present needed economic growth in her district.

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Holtec said if the project was approved it would bring a $3 billion capital investment in the region, and more than 500 jobs.

Kernan said nuclear projects like Holtec's could expand the local economy beyond the oil and gas sector, which she said was characterized as volatile and could, as the region's lead industry, leave the area vulnerable to market downswings.

“In my community, I don’t think we’re talking about a sacrifice zone. We’re talking about an opportunity zone,” she said. “People in this chamber want to diversify, but when we try to diversify we’re not allowed to.”

Sen. Antoinette Sedillo Lopez (D-16) said the project should be stopped as it could have devastating consequences to the environment and “beauty” of New Mexico.

“Holtec claims that the containers are safe,” she said. “If they are so safe, why don’t they remain where they are? Why do you need to concentrate them in our state?”

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Carlsbad Current-Argus: New Mexico Senate passes bill to block nuclear waste project