HomeMy WebLinkAbout14 - Support for HR 3643 and HR 4745 Relating to the Interim Storage of Spent Nuclear Fuel from San Onofre Nuclear Generating Station (SONGS)August 9, 2016
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL.
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
TITLE: Support for HR 3643 and HR 4745 Relating to the Interim Storage
of Spent Nuclear Fuel from San Onofre Nuclear Generating Station
(SONGS)
ABSTRACT:
Mayor Pro Tem Zur-Schmeide of Laguna Beach has asked Mayor Dixon to sign a letter
with the "Concerned Coastal Communities Coalition" in support of legislation that would
allow more distant storage of nuclear material from the now closed San Onofre Nuclear
Generating Station (SONGS) south of San Clemente. The City's Legislative Platform
does not specifically authorize this letter, so Council permission is suggested. _
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Authorize Mayor Dixon to sign letters as part of the Concerned Coastal Communities
Coalition in support of HR 3643 and HR 4745 relating to an interim site for storage of
spent fuel rods from SONGS.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Cities within some proximity to the now closed San Onofre Nuclear Generating Station
(SONGS) have expressed concern about the continued storage of about 1,600 tons of
spent fuel rods at the SONGS facility itself as a long-term nuclear waste disposal site is
identified and permitted. These cities have noted that the SONGS' facility's ability to be
impacted by an earthquake and/or a tsunami increases the possible risk of radioactive
leakage from or damage to the rods or the rods' storage facility.
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Support for HR 3643 and HR 4745 Relating to the Interim Storage of Spent Nuclear
Fuel from San Onofre Nuclear Generating Station (SONGS)
August 9, 2016
Page 2
Proposed Federal legislation authorizes the US Department of the Interior to enter into
contracts with providers for "interim" (medium-term) storage sites that are away from the
coast and arguably more protected from the region's damaging natural conditions. Two
bills have been introduced — House (of Representatives) bill (HR) 3643 and HR 4745.
HR 4745 has sponsorship by our local representatives, including US Representatives
Dana Rohrabacher and Darrell Issa.
The cities of Dana Point, Del Mar, Huntington Beach, Laguna Beach, Laguna Woods,
Oceanside, San Clemente, San Juan Capistrano, and Seal Beach have all agreed to
co-sign or are likely to agree to co-sign a letter as a part of the Concerned Coastal
Communities Coalition asking our US representatives to support and pass HR 3643 and
HR 4745.
Drafts of the bills and the letters are attached.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
L1 roll d[a1L4rem
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — HR 3643 and HR 4745
Attachment B — Draft Letters from the Coalition
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Al1THENTICATE� ATTACHMENT A
U. S. GOVERNMENT
INF'oRMA7'foN
CPO
I
114TI1 CONGRESS
HeIST SR• 3643
ESSIO
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, tape 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
SEPTEMBER 29, 2015
Mr. CONAWAY (for himself, Mr. ISSA, Mr. COURTNEY, Mr. S A 1 JOHNSON of
Texas, Mr. NEuGEMALTER, Mr, I+ARENTHOLD, Ms. MATSUI, NIS. PIN-
GIZEE, Ms. GRANGER, Mr. GENE GREENT of Texas, Mr. 111ti ciIANT, Mr.
CELBERSON, Mr. SMITII of Texas, and Mr. CARTER of. Texas) introduced
the following bill; which was referred to tl:re 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
Nvaste 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 Lives of the United States of Awrica in Congress assembled,
14-3
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 1952
7 (42 U.S.C. 10101.) is amended by adding at the end the
8 following nevT paragraph:
9 "(3 5) 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
is 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 1982 (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 F.
*HR 3643 IH
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3
1 (b) INTERIM CONSOLIDATED STORAGE.—Title I of
2 the Nuclear Waste Policy .pct of 1982 (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 lnay enter into
S 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) DErINITION OF HIGH-LEATEL RADIOACTIVE
12 WASTE. -----,Por 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 K
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
IS 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
•lilt 3643 lli
14-5
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 TERTAIS. 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 iaodifying 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.".
&HR 3643 IH
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5
1 (c) NUCLEAR WASTE PuND.—Section 302(d) of the
2 Nuclear Waste Policy Act of 1982 (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, inordtored retrievable storage fa.cil-
17 ity,"; and
18 (C) by }striking "; and" and inserting a
19 semicolon;
20 (3) by redesiguating paragraph (6) as para -
21 graph (7);
22 (4) by inserting atter paragraph (5) the fol -
23 IOIN ing:
24 "(6) the fees and costs in connection with the
25 storage of high-level radioactive waste or spent nu -
•HR 36543 TH
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6
1 clear fuel in an interim consolidated storage facility;
2 and"; and
3 (5) by inserting "Por purposes of the preceding
4 sentence, fees and costs described in paragraph (6)
5 shall not be considered amounts for the constrciction
6 or expansion of any facility." after "this or subse-
7 quent legislation.".
8 (d) APPROPRIATIONS FROM TIIE WASTE FUND. -
9 Section 302(e)(2) of the Nuclear Waste Policy Act of 1982
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 "(P) Notwithstanding subparagraph (A), subject to
15 subparagraph (C), necessary amounts shall be available to
16 the Secretary from the Waste Fund N)4thout additional ap-
17 propriations to pay for the following:
18 "(i) Costs described in subsection (d)(4) in con -
19 nection ivith 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) Pees and costs described in. subsection
25 (d)(6).
.HR 3643 IH
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7
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
•HR 3643 IH
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AllTH2NTICATEO
V.5. COV ERNMENT
INFORMATION
GPO
I
114TI-I CONGRESS He
R• 4745
2D SESSION
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 nnelear fuel and take title to certain high-
level radioactive waste and spent rruclear fuel.
IN THE HOUSE OF REPRESENTATNES
MAzazi 15, 2016
Mr. MuLvANEY 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 and take title to certain high-level radio-
active waste and spent nuclear fuel.
1 Be it enacted by the Senate and House of Pepresenta-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Interi.m Consolidated
5 Storage Act of 2416".
14-10
2
1 SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE
2 FACILITY.
3 Section 2 of the Nuclear Waste Policy Act of 1982
4 (42 U.S.C. 10101) is amended by adding at the end the
5 following new paragraph:
6 "(35) The term `interim consolidated storage
7 facility' means a facility that possesses a specific li-
8 cense issued by the Commission that authorizes stor-
9 age of high-level radioactive waste or spent nuclear
10 fuel received from the Secretary or from two or more
11 persons that generate or hold title to high-level ra-
12 dioactive waste or spent nuclear fuel. generated at a
13 civilian nuclear power reactor.".
14 SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL
15 RADIOACTIVE WASTE :AND SPENT NUCLEAR
16 FUEL.
17 (a) STORAGE OF SPENT NUCLEAR FUEL.—Section
18 135(h) of the Nuclear Waste Policy Act of 1982 (42
19 U.S.C. 10155(h)) is amended by striking "Notwith-
20 standing any other provision of law" and inserting "Ex -
21 sept as provided in section 302, and subtitle I of title I".
22 (b) INTERIM CONSOLIDATED STORAGE.—Title I of
23 the Nuclear Waste Policy Act of. 1982 (42 U.S.C. 10121
24 et seq.) is amended by adding at the end the following:
el -IR 4745 IH
3
J
1 "Subtitle I—Interim Consolidated
2 Storage
3 "SEC. 190. INTERIM CONSOLIDATED STORAGE.
4 "(a) IN GENERAL.—The Secretary may enter into
5 contracts for the storage of high-level radioactive waste
6 or spent nuclear fuel with any person that holds a license
7 for an interim consolidated storage facility.
8 "(b) DEFINITION OF HIGII-LEVEL RADIOACTIVE
9 WASTE.—Por purposes of this subtitle and section 302,
10 the term `high-level radioactive waste' inehldes Greater
11 than Class C waste as defined in section 72.3 of title 10,
12 Code of Federal Regulations. Nothing in this section or
13 section 191 shall be interpreted to affect existing judicial
14 interpretation of the term high-level radioactive waste or
15 to require the disposal of Greater than Class C waste in
16 a repository.
17 "SEC. 191. CONTRACTS.
18 "(a) IN GENERAL.—The Secretary, may enter into
19 new contracts or modify existing contracts AN ith any person
20 who generates or holds title to high-level radioactive waste
21 or spent nuclear fuel of domestic origin for the acceptance
22 of title and subsequent storage of such waste or fuel at
23 an interim consolidated storage facility, with priority for
24 storage given to high-level radioactive waste and spent nu -
.HR 4745 IH
14-12
4
1 clear fuel located on sites �, rithout an operating nuclear
2 reactor.
3 "(b) CONTRACT TERms. A contract entered into or
4 modified under this section shall provide that acceptance
5 by the Secretary, and transfer of title under subsection
6 (d), of any high-level radioactive waste or spent nuclear
7 fuel for an interim consolidated storage facility satisfies
8 the Secretary's responsibility under a contract entered
9 into under section 302(x) to accept title to such waste or
10 fuel for disposal, with respect to such accepted waste or
11 fuel.
12 "(c) LIMITATION.—The Secretary shall not require a
13 person to settle claims against the United States for the
14 breach of a contract entered into under section 302(x) for
15 the disposal of high-level radioactive waste or spent nu -
16 clear fuel as a condition precedent of entering into or
17 modifying a contract under this section.
18 "(d) TITLE TO NIATERL9.L.—Delivery, and acceptance
19 by the Secretary, of any high-level radioactive waste or
20 spent nuclear fuel for an interim consolidated storage fa -
21 cility shall constitute a transfer to the Secretary of title
22 to such waste or fuel.".
23 (e) NUCLEAR WASTE YUND.-----Section 302(d) of the
24 Nuelear Waste Policy pct of 1982 (42 U.S.C. 10222(d))
25 is amended—
.HR 4745 IH
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5
6
7
8
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10
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12
13
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(1) in paragraph (4), by striking "in a mon-
itored, retrievable storage site" and inserting "in an
interim consolidated storage facility or monitored re-
trievable storage site,";
(2) in paragraph (5)—
(A) by striking "a monitored, retrievable
storage site" and inserting "an interim consoli-
dated storage facility site, a monitored retriev-
able storage site,";
(B) by striking "such repository, mon-
itored, retrievable storage facility" and insert-
ing "such repository, interim consolidated stor-
age facility, monitored retrievable storage facil-
ity,"; and
(C) by striking "; arid" and inserting a
semicolon;
(3) by redesignating paragraph (6) as para-
graph (7);
(4) by inserting after paragraph (5) the fol-
lowing:
"(6) the fees and costs in connection with the
storage of high-level radioactive waste or spent nu-
clear fuel in an interim consolidated storage facility;
and"; and
•HR 4746 III
14-14
I
1 (5) by inserting '`Por purposes of the preceding
2 sentence, fees and costs described in paragraph (6)
3 shall not be considered amounts for the construction
4 or expansion of any facility." after "this or subse-
5 quent legislation.".
O
*HR 4745 IH
14-15
ATTACHMENT B
Concerned Coastal Communities Coalition
artie n May_, 2016
City of Laguna Beach Honorable Michael K, Conaway
United States House of Representatives
2430 Rayburn House Office Building
City of San Clemente Washington, DC 20515
City of Laguna Woods
Dear Congressman Conaway,
City of Dana Point The Concerned Coastal Communities Coalition writes to express Its strong support
for H.R. 3643, the Interim Consolidated Storage Act of 2015.
As California coastal cities in close proximity to the now closed San Onofre Nuclear
Power Generating Station (SONGS) located In northern San Diego County, we have
a longstanding interest in the proper operation of nuclear power plants. Today,
given the closure of the SONGS facility, we have an even greater interest in the
decommissioning of such plants and the removal of high-level radioactive waste,
Nuclear power was first generated bythe SONGS facility nearly fifty years ago, when
the Unit 1 reactor began operating In 1968. Two additional units came on line in
1983 and 1984, generating up to 2,200 megawatts of electricity. The first reactor
unit ceased operating in 1992, while the second and third reactors were shut down
in 2013 due to premature wear found on over 3,000 tubes in replacement steam
generators. SONGS is currently In the initial stages of decommissioning.
More than 7 million Californians live within 50 miles of SONGS, Communities in our
coalition represent the front line and are the most likely to be Impacted if
radioactive material were to leak. City leaders and residents alike continue to
monitor and participate in the decommissioning process. We remain hopeful that
the decades of work necessary to protect our environment and ensure public safety
proceeds expeditiously, However, we remain deeply concerned that the
accumulated high-level radioactive waste will remain on the site --either in liquid
pools or dry casks—for an indefinite period of time due to the lack of a national or
regional repositories. Given the seismic and related tsunami threats that exists in
the region, long-term storage of this radioactive material at the SONGS site is simply
unacceptable,
The communities participating in our coalition are hardly alone in their concern for
the potential threat posed by spent nuclear fuel languishing at nuclear facilities in
their backyard. Currently, the nation's inventory of spent nuclear fuel Is being stored
at the sites where it was generated, including at the 61 still -operating nuclear power
1401 Dove Street, Suite 330, Newport Beach, California 92660
5-17-16111 A(1)-2
14-15
plants and 14 shut -down reactor sites. Just as with SONGS, we strongly believe that
the hazardous material at these facilities should be removed as quickly and safety
as possible.
H.R. 3643 offers a much needed path forward for the removal of spent fuel and
high-level waste from nuclear power plants. By authorizing the Department of
Energy to enter Into new contracts with operators of interim consolidated storage
facilities, the legislation provides an option for removing this hazardous material
from urban communities like ours, rather than waiting for resolution to the endless
debates over the penultimate site to deposit our nations' nuclear waste, We are
particularly pleased that the bill enjoys such strong bipartisan support, including
from California Representatives Darrell Issa, Doris Matsui, Jared Huffman, Ami Bera,
Duncan Hunter, Scott Peters, Ken Calvert and Dana Rohrabacher,
Thank you for your diligent work to advance this important legislation, We are eager
to assist you in this endeavor and would be happy to offer testimony or any other
manner of support to help ensure its passage In the 114th Congress.
Sincerely,
5-17-16 1 1 1A(1)-3
14-16
Concerned Coastal Communities Coalition
F I I sifts May__, 2016
City of Laguna Beach Honorable Mick Mulvaney
United States House of Representatives
2419 Rayburn House Office Building
City of San Clemente Washington, DC 20515
City of Laguna Woods Dear Congressman Mulvaney,
City of Dana Point The Concerned Coastal Communities Coalition writes to express its strong support
for H.R. 4745, the Interim Consolidated Storage Act of 2016,
As California coastal cities in close proximity to the now closed San Onofre Nuclear
Power Generating Station (SONGS) located in northern San Diego County, we have
a longstanding interest In the proper operation of nuclear power plants. Today,
given the closure of the SONGS facility, we have an even greater interest In the
decommissioning of such plants and the removal of high-level radioactive waste.
Nuclear power was first generated by the SONGS facility nearly fifty years ago, when
the Unit 1 reactor began operating in 1968. Two additional units came on line in
1983 and 1984, generating up to 2,200 megawatts of electricity. The first reactor
unit ceased operating In 1992, while the second and third reactors were shut down
in 2013 due to premature wear found on over 3,000 tubes in replacement steam
generators. SONGS is currently in the initial stages of decommissioning.
More than 7 million Californians live within 50 miles of SONGS. Communities in our
coalition represent the front line and are the most likely to be impacted if
radioactive material were to leak. City leaders and residents alike continue to
monitor and participate in the decommissioning process, We remain hopeful that
the decades of work necessary to protect our environment and ensure public safety
proceeds expeditiously. However, we remain deeply concerned that the
accumulated high-level radioactive waste will remain on the site—either In liquid
pools or dry casks—for an indefinite period of time due to the lack of a national or
regional repositories. Given the seismic and related tsunami threats that exists in
the region, long-term storage of this radioactive material at the SONGS site is simply
unacceptable.
The communities participating in our coalition are hardly alone in their concern for
the potential threat posed by spent nuclear fuel languishing at nuclear facilities in
their backyard. Currently, the nation's Inventory of spent nuclear fuel is being stored
at the sites where it was generated, including at the 61 still -operating nuclear power
1401 Dove Street, Suite 330, Newport Beach, California 92660
5-17-16111 A(1)-4
14-17
plants and 14 shut -down reactor sites, Just as with SONGS, we strongly believe that
the hazardous material at these facilities should be removed as quickly and safely
as possible,
H.R. 4745 offers a much needed path forward for the removal of spent fuel and
high-level waste from nuclear power plants. By authorizing the Department of
Energy to enter Into new contracts with operators of Interim consolidated storage
facilities, the legislation provides an option for removing this hazardous material
from urban communities like ours, rather than waiting for resolution to the endless
debates over the penultimate site to deposit our nations' nuclear waste. We are
pleased to note the strong bipartisan support for the bill expressed by the California
Legislature, which recently passed a joint resolution sponsored by state Senator Pat
Bates which urges Congress and President Obama to approve H.R, 4745.
Thank you for your diligent work to advance this important legislation. We are eager
to assist you in this endeavor and would be happy to offer testimony or any other
manner of support to help ensure Its passage in the 114th Congress,
Sincerely,
5-17-16 / 11 A(1)-5
14-18