H. B. 2261
(By Mr. Speaker, Mr. Chambers, and Delegates Prunty,
Kuhn, McGraw, Compton, Tillis and Beach)
[Introduced January 10, 1996; referred to the
Committee on Health and Human Resources then the
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-seven-a,
relating to public health; establishing a ban on all
construction of nuclear power plants; legislative findings;
and a ban to continue until such time the federal government
can permanently dispose of radioactive waste.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twenty-seven-a,
to read as follows:
ARTICLE 27A. BAN ON CONSTRUCTION OF NUCLEAR POWER PLANTS.
§16-27A-1. Legislative findings and purposes.
The Legislature finds and declares that the use of nuclear
fuels and nuclear power poses an undue hazard to the health,
safety and welfare of the people of the state of West Virginia,
especially until there is an effective method to safely and
permanently dispose of the radioactive wastes generated thereby.
Therefore, it is the purpose of the Legislature to ban the
construction of any power plant, factory or electric power
generating plant utilizing nuclear power until such time that the
federal government develops and utilizes a plan to safely and
permanently dispose of radioactive wastes.
§16-27A-2. Ban on construction of nuclear power plants; when ban
No power generating plant, factory or other such facility
utilizing nuclear power of any kind, or in any manner, may be
constructed or initiated until the federal government, prepares
and implements a plan to successfully and permanently dispose of
any and all radioactive wastes associated with the operating of
any such power plant, factory or facility and such plan has been
proved effective by a minimum of twenty-four months' experience
elsewhere. Any person or organization seeking to construct or
initiate any power generating plant, factory or other such
facility shall, prior to any construction, obtain permission for
the undertaking from a majority of the members of a committee composed of the governor, the attorney general, the director of
the department of health, the chairman of the public service
commission, the secretary of state, the president of the Senate
and the speaker of the House of Delegates.
NOTE: The purpose of this bill is to ban the construction
of nuclear power plants in this state until such time the federal
government can offer a method to permanently dispose of the
associated radioactive wastes.
This article is new; therefore, strike-throughs and
underscoring have been omitted.