This initiative, if adopted, would retitle the Nuclear Free Berkeley Act (the “Act”), Chapter 12.90 of the Municipal Code, to the “Nuclear Energy and Prohibition of Nuclear Weapons Act,” and would amend the Act in several ways.

First, while the initiative would continue to prohibit the City from knowingly developing, testing, producing, maintaining, researching, or storing nuclear weapons or their components, it would repeal provisions that prohibit private individuals, entities, laboratories and universities from engaging in such work.  The initiative would also change current law to remove prohibitions on the construction or operation of nuclear reactors in the City, and to allow for the use of radioactive material for purposes other than nuclear weapons such as nuclear medicine, nuclear energy, non-proliferation research, and consumer uses such as smoke detectors and clocks.

Second, the initiative would limit the prohibition on the City’s investing in or contracting with entities that work on nuclear weapons by prohibiting investments only where an entity works on nuclear weapons as its primary purpose and by prohibiting contracts only where nuclear weapons are a substantial part of an entity’s economic activity.  The initiative would also change current law to allow the City to enter into contracts with and make investments in the Lawrence Berkeley National Laboratory and the University of California at Berkeley, so long as those entities do not work on nuclear weapons.  Under this revised set of provisions, the City would be permitted to hire scientists and consultants for planning, energy and other purposes so long as those individuals’ primary work is not for nuclear weapons.

Third, the initiative would repeal provisions prohibiting facilities within the City from irradiating food using radioactive isotopes and requiring the labeling of food sold within the City as having been “treated with ionizing radiation.”

Fourth, the initiative would repeal the Act’s annual reporting requirement, cease-and-desist notification process, and fee schedule, and would provide for removal of signs marking the City limits as a “Nuclear Free Zone.”  The City would be required to save at least one sign to donate to the Berkeley Historical Society and Museum.

Fifth, the initiative would repeal local rules about the transportation of radioactive material and replace them with federal regulations.  The initiative would also add provisions requiring the Fire Department to provide proper equipment for transporting radioactive material or else to assist partner agencies with any transportation-related needs.

Sixth, the initiative would remove the provision providing for an express penalty of up to 30 days’ imprisonment and a five hundred dollar fine for violations of the Act.  Residents would retain the right to obtain injunctive or declaratory relief in a court proceeding for any violations of the Act, as well as to recover attorneys’ fees if they prevailed.