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Calling the vote "disappointing," one campaigner warned: "Nuclear is, at best, a waste of resources. At worst, it's a meltdown."
Just U.S. Sens. Ed Markey and Bernie Sanders on Tuesday voted against legislation that one scientist warned this week "will only increase the danger to people already living downwind" of nuclear power facilities.
The Fire Grants and Safety Act—which now includes provisions from the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act—passed 88-2, with six Republicans, three Democrats, and one Independent not voting.
Speaking on the upper chamber's floor Tuesday, Markey (D-Mass.)—who chairs the Senate Environment and Public Works Subcommittee on Clean Air, Climate, and Nuclear Safety—stressed his support for the United States Fire Administration and firefighter assistance grant programs, and those working to keep U.S. communities safe.
"Unfortunately, the vote today is not just for the lifesaving programs that I am staunchly on record as supporting," he explained. "On the coattails of this noncontroversial bill to protect our heroes, our colleagues in the House tacked on a dangerous additional 90-page package of provisions that merged the Senate's ADVANCE Act and the House's Atomic Energy Advancement Act."
The legislation—now on its way to President Joe Biden's desk—puts "corporate profits over community cleanup," the senator said. "Notably, the provisions from the Senate bill that would have provided a much-needed $225 million for communities affected by nuclear closures and $100 million to clean up contaminated tribal communities are not in the legislation anymore, as it came back from the House of Representatives—but the provisions to prop up the nuclear industry, they remain."
Highlighting that the bill would, among other things, require the Nuclear Regulatory Commission to rewrite its mission statement to say that its regulation and oversight should "not unnecessarily limit... civilian use of radioactive materials and deployment of nuclear energy," Markey declared that the NRC "shouldn't be the Nuclear Retail Commission."
"We have a duty to set the strongest possible standards for domestic and international nuclear activities, as an example to the rest of the world," he said of the United States. "We also have to clean up our existing messes, particularly in tribal and environmental justice communities, before investing in anything that might make those messes worse. As a result, despite my strong and continued support for the fire safety grants and my respect for my colleagues working on this issue, I must vote no."
"It's disappointing that the Senate chose to promote nuclear power when America is flush with energy options that are better for people and the planet."
Praising Markey and Sanders (I-Vt.), Beyond Nuclear on Wednesday urged the bill's critics to call their offices "to thank them for their courageous, wise, and good NO votes, despite it all," adding that "they spoke truth to power, and have kept some glimmer of hope alive, despite this very dark moment in the cause of anti-nuclear, environmental, and environmental justice activism."
The Senate's approval of the legislation was celebrated by the nuclear industry and its advocates. Environment America noted that in addition to the NRC mission statement rewrite, the bill "promotes nuclear power, including small modular reactors (SMRs) and highly concentrated nuclear fuel, and the export of nuclear materials and technology."
Johanna Neumann, senior director of the group's Campaign for 100% Renewable Energy, said after the vote, "It's disappointing that the Senate chose to promote nuclear power when America is flush with energy options that are better for people and the planet."
"Nuclear is, at best, a waste of resources. At worst, it's a meltdown," she continued. "Why are we choosing to split atoms when it's cheaper, faster, and better for the environment to cut energy waste and power our lives with wind and solar?"
"Government officials should embrace energy efficiency and renewables as the best solutions to America's challenges," she added.
Isaac Bowers, federal legislative director of Public Interest Research Group, similarly said that "American consumers have better energy options than nuclear power. It makes no sense to perpetuate this expensive, risky industry when America has an abundance of cleaner, safer, and more affordable renewable energy sources."
Critics also spoke out ahead of the vote. Union of Concerned Scientists director of nuclear power safety Edwin Lyman warned Monday that the aim of this bill is "weakening safety and security oversight across the board, a long-standing industry goal," and "a compromised NRC could lead to a catastrophic reactor meltdown impacting an entire region for a generation."
Food & Water Watch executive director Wenonah Hauter said last week that "every dollar wasted on unproven, enormously expensive nuclear energy schemes is a dollar not invested in truly clean, safe, and increasingly efficient wind and solar power. The Senate and President Biden must quickly come to their senses and reject the dangerous and unaffordable false promises of toxic nuclear energy."
While most senators made their positions on the bill clear on Tuesday, Beyond Nuclear is encouraging voters who still oppose the legislation "to express your displeasure and disagreement" to senators who supported it or didn't bother to vote.
Beyond Nuclear is also urging the bill's opponents to contact the White House, to pressure Biden to block it. "In the unlikely event" that he does so, the group acknowledged, "we would have a very tall mountain to climb to prevent Congress from overriding the presidential veto."
"Gov. Hochul, fresh off a spineless congestion pricing reversal that scandalized New Yorkers, needs to get back to work and make this landmark legislation the law of the land," said one campaigner.
After what New Yorkers and environmental campaigners called a "betrayal" by Gov. Kathy Hochul earlier this week, the Democrat is now under pressure to sign the Climate Change Superfund Act, which state legislators finally passed early Saturday morning.
Noting that the 95-46 New York State Assembly vote happened after 3:00am and followed the Senate passing the bill, Empire State Indivisible declared Saturday that "there can be no further delay! Gov. Kathy Hochul must sign the climate superfund into law IMMEDIATELY so NYS' worst and wealthiest polluters pay for the harm they've caused our communities!"
New York Public Interest Research Group (NYPIRG) similarly celebrated the passage of the bill, which—if signed by the governor—will force establish a 25-year fund financed by fossil fuel companies, with a third of the $3 billion in annual funding reserved for disadvantaged communities disproportionately affected by the climate emergency.
"The historic legislative approval of the Climate Change Superfund Act," NYPIRG said, "is a huge step toward ensuring that Big Oil contributes to the mounting costs of climate catastrophe. Of course, the bill cannot become law without Gov. Hochul's approval, but the act helps protect taxpayers and allows revenues to be made available to contribute toward necessary—but expensive—resiliency projects."
"The sponsors and the supportive lawmakers in both the Senate and Assembly deserve credit for making sure that Big Oil adheres to the lesson that we all learned as kids, 'you make a mess, you clean it up,'" the group added.
"It's time to make polluters pay, and it's time Gov. Hochul acted as the climate leader she promised the Pope she would be."
Food & Water Watch senior New York organizer Eric Weltman also welcomed the vote, saying that "the Climate Change Superfund Act is the legislation New Yorkers need right now. We applaud the Assembly for coming to their senses in the final hours of the legislative session and passing this critical bill. Now, Gov. Hochul, fresh off a spineless congestion pricing reversal that scandalized New Yorkers, needs to get back to work and make this landmark legislation the law of the land."
As Common Dreamsreported Thursday, Hochul faced intense criticism this week for reversing her support for a first-in-the-nation congestion pricing plan and halting its implementation in New York City, jeopardizing not only expected emissions cuts but also much-needed funding for the Metropolitan Transportation Authority.
Weltman asserted that "it's time to make polluters pay, and it's time Gov. Hochul acted as the climate leader she promised the Pope she would be. Hochul desperately needs to look good—signing this legislation is the perfect opportunity to do something right for a change."
Other campaigners and New Yorkers also noted the governor's recent move. After highlighting some "huge victories for workers," ALIGN executive director Theodore A. Moore said that "at the eleventh hour, the Assembly also passed the Climate Superfund Act, joining the ever-growing chorus of New Yorkers saying enough is enough, and placing the burden of rising climate costs on Big Oil and corporate polluters, not just working families."
"But one 'environmental thing' a year won't meet the climate crisis at the speed it's racing past us, especially when long-fought wins like congestion pricing can be demolished in an instant," Moore stressed. "Without aggressively transitioning New York off of fossil fuels and creating the green jobs of the future, the Legislature calls it quits on our state's survival."
After the congestion pricing decision, author and activist Bill McKibben, who founded Third Act, wrote that "if any possible good could come from Hochul's cold-blooded betrayal, it's that she, and Albany Democrats in general, might feel the need to give environmentalists some kind of win."
The New York Home Energy Affordable Transition (NY HEAT) Act, "and the climate superfund bill, are both up for action in this final week of the legislative session," McKibben noted earlier this week. "It would be scant comfort to see them passed in the wake of this shocking schism, but it would be something."
While supporters of the Climate Change Superfund Act are now hopeful that Hochul will sign it—and make her state the second, after Vermont, to enact such legislation—they also expressed disappointment that other bills weren't passed this session, particularly Senate-approved NY HEAT Act, which aims to limit reliance on gas.
"With Gov. Hochul dropping a major bomb on climate action by delaying congestion pricing, the Assembly failed to rise to the occasion to pass the key climate policy New Yorkers need to cut energy bills and ensure the state is on track to meet our climate goal—the NY HEAT Act," said Liz Moran, New York policy advocate for Earthjustice.
"With utilities already proposing to raise already high bills rising due to our reliance upon gas infrastructure, and one year after we saw orange skies, the Assembly has turned their backs on the policy solution," she continued. "The same body that once championed our nation-leading climate law has now earned a reputation as the body holding back the policies New York needs to meet what is laid out in this law."
The Renewable Heat Now also decried the Assembly's "astonishing failure" to pass the bill. Jessica Azulay, executive director of Alliance for a Green Economy, which is part of the campaign, emphasized that "the NY HEAT Act would have been a lifeline for New Yorkers struggling with high energy costs and facing the devastating impacts of the climate emergency."
"Our leaders in Albany—the state Assembly first and foremost—have once again shown where they stand by refusing to implement the state's landmark climate law and enable a strategic and cost-effective transition away from fossil fuels in buildings," Azulay said. "Their blockage of this bill for three years in a row is a shameful abdication of their duty to serve the people they represent. We will not forget this failure as we struggle with utility shutoffs, high temperatures, and bad air this summer."
Along with also expressing support for the NY HEAT Act, which "would help save ratepayer dollars and curtail the expansion of the state's reliance on fossil fuels," NYPIRG noted that "the state's worsening solid waste disposal problem was not addressed and both the Packaging Reduction and Recycling Infrastructure Act and the Bigger, Better, Bottle Bill are two important components toward reducing trash that is filling up the state's landfills."
"We urge action on those issues," the group said, "and we urge Gov. Hochul to approve the Climate Change Superfund Act."
"Oregon becomes the first state to ban 'parts pairing,' which let companies like Apple decide when and how you replace parts."
In a move that advocates said will save Oregon residents money while supporting small businesses and reducing waste of electronic devices, Democratic Gov. Tina Kotek on Wednesday signed the Right to Repair Act, a law that passed earlier this month despite Apple's lobbying efforts.
The Public Interest Research Group (PIRG), applauded the signing of the bill, which requires manufacturers to provide Oregonians and small repair businesses with access to the parts, tools, and information needed to fix personal electronics and household appliances.
Manufacturers like Apple frequently require consumers to go to their stores or authorized service providers for repairs, making them expensive for customers and difficult to access for people who live far from the providers.
Charlie Fisher, state director of Oregon PIRG, said the law means Oregon is "moving forward on an innovation even more critical than a new gadget: the right to fix our electronic devices."
"By eliminating manufacturer restrictions, the right to repair will make it easier for Oregonians to keep their personal electronics running," said Fisher. "That will conserve precious natural resources and prevent waste. It's a refreshing alternative to a 'throwaway' system that treats everything as disposable."
The Right to Repair Act, which will go into effect on January 1, 2025, was supported by roughly 100 small businesses that provide repairs across the state, as well as recycling nonprofit organizations.
Apple testified against the bill, saying it opposed a provision against "parts pairing." The practice requires consumers or independent repair businesses to purchase parts from Apple and have them validated by the company.
John Perry, a senior security manager at Apple, told state senators that the provision would "undermine the security, safety, and privacy of Oregonians by forcing device manufacturers to allow the use of parts of unknown origin and consumer devices."
State Rep. Courtney Neron (D-26) cited a letter from the Federal Trade Commission when she told her colleagues that Apple's parts paring requirements "drive up the price that consumers must pay to fix a device and cause consumers to purchase a new device before the end of its useful life."
"Manufacturer repair restrictions also make it more challenging for small repair businesses to compete and contribute to unnecessary e-waste," she said.
Pro-labor media organization More Perfect Union called Kotek's signing of the bill "a major loss for Apple."
"Oregon has a proud history of passing forward thinking policies that help Oregonians steward and respect the resources that go into making the products we use everyday," said Celeste Meiffren-Swango, state director of Environment Oregon, "and we are building on that legacy with the Right to Repair Act."