Enrolled Copy H.B. 254
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Waste Classification Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bridger Bolinder
Senate Sponsor: Michael K. McKell
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LONG TITLE
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General Description:
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This bill relates to nuclear waste classification.
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Highlighted Provisions:
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This bill:
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▸ modifies the definition of high-level nuclear waste and low-level radioactive waste; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-3-102, as last amended by Laws of Utah 2017, Chapter 360
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19-3-303, as last amended by Laws of Utah 2008, Chapter 382
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 19-3-102 is amended to read:
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19-3-102 . Definitions.
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As used in this chapter:
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(1) "Board" means the Waste Management and Radiation Control Board created under
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Section 19-1-106.
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(2)(a) "Broker" means a person [who] that performs one or more of the following
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functions for a generator:
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(i) arranges for transportation of the radioactive waste;
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(ii) collects or consolidates shipments of radioactive waste; or H.B. 254 Enrolled Copy
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(iii) processes radioactive waste in some manner.
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(b) "Broker" does not include a carrier whose sole function is to transport the radioactive
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waste.
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(3) "Byproduct material" means the same as that term is defined in 42 U.S.C. Sec.
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2014(e)(2).
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(4) "Class B and class C low-level radioactive waste" means the same as that term is
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defined in 10 C.F.R. Sec. 61.55.
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(5) "Director" means the director of the Division of Waste Management and Radiation
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Control.
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(6) "Division" means the Division of Waste Management and Radiation Control[,] created
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in Subsection 19-1-105(1)(d).
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(7) "Generator" means a person [who] that:
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(a) possesses any material or component:
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(i) that contains radioactivity or is radioactively contaminated; and
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(ii) for which the person foresees no further use; and
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(b) transfers the material or component to:
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(i) a commercial radioactive waste treatment or disposal facility; or
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(ii) a broker.
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(8) "High-level nuclear waste" means the same as the term "high-level radioactive waste" is
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defined in 42 U.S.C. Sec. 10101.
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[(8)(a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
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nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
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defense-related wastes.]
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[(b) "High-level nuclear waste" does not include medical or institutional wastes,
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naturally occurring radioactive materials, or uranium mill tailings.]
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[(9)(a) "Low-level radioactive waste" means waste material that contains radioactive
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nuclides emitting primarily beta or gamma radiation, or both, in concentrations or
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quantities that exceed applicable federal or state standards for unrestricted release.]
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[(b) "Low-level radioactive waste" does not include waste containing more than 100
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nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel,
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nor material classified as either high-level waste or waste which is unsuited for
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disposal by near-surface burial under any applicable federal regulations.]
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(9) "Low-level radioactive waste" means the same as that term is defined in 42 U.S.C. Sec.
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10101.
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(10) "Radiation" means ionizing and nonionizing radiation, including gamma rays, X-rays,
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alpha and beta particles, high speed electrons, and other nuclear particles.
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(11) "Radioactive" means any solid, liquid, or gas which emits radiation spontaneously
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from decay of unstable nuclei.
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(12) "Unlicensed facility" means a structure, road, or property:
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(a) adjacent to, but outside of, a licensed or permitted area; and
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(b) that is not used for waste disposal or waste management.
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Section 2. Section 19-3-303 is amended to read:
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19-3-303 . Definitions.
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As used in this part:
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(1) "Final judgment" means a final ruling or judgment, including any supporting opinion,
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that determines the rights of the parties and concerning which all appellate remedies
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have been exhausted or the time for appeal has expired.
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(2) "Goods" means any materials or supplies, whether raw, processed, or manufactured.
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(3) "Greater than class C radioactive waste" means low-level radioactive waste that has
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higher concentrations of specific radionuclides than allowed for class C waste.
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(4) "Gross value of the contract" means the totality of the consideration received for any
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goods, services, or municipal-type services delivered or rendered in the state without any
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deduction for expense paid or accrued with respect to it.
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(5) "High-level nuclear waste" [has the same meaning as in] means the same as that term is
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defined in Section 19-3-102.
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(6) "Municipal-type services" includes, but is not limited to:
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(a) fire protection service;
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(b) waste and garbage collection and disposal;
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(c) planning and zoning;
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(d) street lighting;
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(e) life support and paramedic services;
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(f) water;
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(g) sewer;
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(h) electricity;
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(i) natural gas or other fuel; or
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(j) law enforcement.
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(7) "Organization" means a corporation, limited liability company, partnership, limited
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liability partnership, joint venture, consortium, association, trust, or other entity formed
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to undertake an enterprise, whether or not for profit.
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(8) "Placement" means transportation, transfer, storage, decay in storage, treatment, or
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disposal.
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(9) "Political subdivision" means any county, city, town, school district, public transit
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district, redevelopment agency, special improvement or taxing district, or other
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governmental subdivision or public corporation.
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(10) "Rule" means a rule made by the department under Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act.
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(11) "Service" or "services" means any work or governmental program which provides a
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benefit.
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(12) "Storage facility" means any facility which stores, holds, or otherwise provides for the
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emplacement of waste regardless of the intent to recover that waste for subsequent use,
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processing, or disposal.
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(13) "Transfer facility" means any facility which transfers waste from and between
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transportation modes, vehicles, cars, or other units, and includes rail terminals and
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intermodal transfer points.
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(14) "Waste" or "wastes" means high-level nuclear waste and greater than class C
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radioactive waste.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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