02-03 16:38 S.B. 216
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Environmental Quality Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor:
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LONG TITLE
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General Description:
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This bill modifies provisions related to radioactive waste.
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Highlighted Provisions:
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This bill:
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▸ defines and modifies terms;
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▸ modifies the requirements for a waste facility to renew or amend a radioactive waste
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license;
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▸ requires the State Tax Commission to deposit into an energy-related fund the portion of
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new tax revenue derived from a radioactive waste facility receiving radioactive waste
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from a new generator;
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▸ creates a radioactive waste facility expansion tax on a radioactive waste facility that
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submits an application to the Division of Waste Management and Radiation Control to
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construct a new radioactive waste facility or expand an existing facility;
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▸ provides for the payment and deposit of the radioactive waste facility expansion tax;
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▸ provides for the automatic repeal of the radioactive waste facility expansion tax; 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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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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19-3-102 (Effective 05/07/25), as last amended by Laws of Utah 2017, Chapter 360
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19-3-104 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 336
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19-3-105 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 281
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59-24-102 (Effective 07/01/25), as last amended by Laws of Utah 2003, Chapter 295
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59-24-104 (Effective 05/07/25), as last amended by Laws of Utah 2019, Chapter 466
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59-24-105 (Effective 07/01/25), as last amended by Laws of Utah 2003, Chapter 295
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63I-2-259 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 5
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63N-1a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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ENACTS:
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59-24-103.8 (Effective 07/01/25), Utah Code Annotated 1953
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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 (Effective 05/07/25). Definitions.
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As used in this chapter:
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(1) "Alternate feed material" means the same as that term is defined in Section 59-24-102.
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(2) "Approval application" means an application by a radioactive waste facility regulated
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under this chapter or Chapter 5, Water Quality Act, for a permit, license, registration,
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certification, or other authorization.
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[(1)] (3) "Board" means the Waste Management and Radiation Control Board created under
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Section 19-1-106.
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[(2)] (4)(a) "Broker" means a person who 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
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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)] (5) "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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(6)(a) "Class A low-level radioactive waste" means:
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(i) radioactive waste that is classified as class A waste under 10 C.F.R. Sec. 61.55;
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and
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(ii) radium-226 up to a maximum radionuclide concentration level of 10,000
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picocuries per gram.
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(b) "Class A low-level radioactive waste" does not include:
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(i) uranium mill tailings;
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(ii) naturally occurring radioactive materials;
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(iii) uranium-233 if classified as "special nuclear material" under the Atomic Energy
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Act of 1954, 42 U.S.C. Sec. 2014; or
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(iv) uranium-235, if classified as "special nuclear material" under the Atomic Energy
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Act of 1954, 42 U.S.C. Sec. 2014, with a radionuclide concentration level greater
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than the concentration limits for specific conditions and enrichments established
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by an order of the Nuclear Regulatory Commission:
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(A) to ensure criticality safety for a radioactive waste facility in the state; and
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(B) in response to a request, submitted prior to January 1, 2004, from a radioactive
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waste facility in the state to the Nuclear Regulatory Commission to amend the
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facility's special nuclear material exemption order.
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[(4)] (7) "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)] (8) "Director" means the director of the Division of Waste Management and Radiation
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Control.
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[(6)] (9) "Division" means the Division of Waste Management and Radiation Control,
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created in Subsection 19-1-105(1)(d).
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[(7)] (10) "Generator" means a person who:
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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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(11) "Hazardous waste corridor" means an area of land within a county that the legislative
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body of the county:
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(a) designates for the siting of a radioactive waste facility; and
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(b) restricts from all residential use or development.
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[(8)] (12)(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, naturally
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occurring radioactive materials, or uranium mill tailings.
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[(9)] (13)(a) "Low-level radioactive waste" means waste material that contains
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radioactive nuclides emitting primarily beta or gamma radiation, or both, in
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concentrations or quantities that exceed applicable federal or state standards for
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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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[(10)] (14) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
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X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
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[(11)] (15) "Radioactive" means any solid, liquid, or gas which emits radiation
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spontaneously from decay of unstable nuclei.
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(16)(a) "Radioactive waste facility" means a facility that decays radioactive waste in
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storage, treats radioactive waste, or disposes of radioactive waste:
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(i) commercially for profit; or
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(ii) generated at locations other than the radioactive waste facility.
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(b) "Radioactive waste facility" does not include a facility that receives:
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(i) alternate feed material for reprocessing; or
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(ii) radioactive waste from a location in the state designated as a processing site
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under 42 U.S.C. Sec. 7912(f).
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(17) "Radioactive waste license" means a radioactive material license issued by the director
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to own, construct, modify, or operate a radioactive waste facility.
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[(12)] (18) "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 19-3-104 is amended to read:
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19-3-104 (Effective 05/07/25). Registration and licensing of radiation sources by
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department -- Assessment of fees -- Rulemaking authority and procedure -- Siting
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criteria -- Indirect and direct costs.
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(1) As used in this section:
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(a) "Decommissioning" includes financial assurance.
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(b) "Source material" and "byproduct material" mean the same as those terms are
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defined in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as amended.
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(2) The division may require the registration or licensing of radiation sources that constitute
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a significant health hazard.
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(3) A source of ionizing radiation, including an ionizing radiation producing machine, shall
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be registered or licensed by the department.
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(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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board may make rules:
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(a) necessary for controlling exposure to sources of radiation that constitute a significant
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health hazard;
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(b) to meet the requirements of federal law relating to radiation control to ensure the
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radiation control programs under this part are qualified to maintain primacy from the
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federal government;
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(c) to establish certification procedure and qualifications for persons who survey
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mammography equipment and oversee quality assurance practices at mammography
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facilities; and
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(d) as necessary regarding the possession, use, transfer, or delivery of source and
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byproduct material and the disposal of byproduct material to establish requirements
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for:
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(i) the licensing, operation, decontamination, and decommissioning, including
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financial assurances; and
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(ii) the reclamation of sites, structures, and equipment used in conjunction with the
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activities described in this Subsection (4).
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(5)(a) [On and after January 1, 2003, a] A fee is imposed for the regulation of source and
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byproduct material and the disposal of byproduct material at uranium mills or
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commercial waste facilities, as provided in this Subsection (5).
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(b) If the Nuclear Regulatory Commission does not grant the amendment for state
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agreement status on or before March 30, 2003, fees under Subsection (5)(c) do not
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apply and are not required to be paid until on and after the later date of:
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(i) October 1, 2003; or
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(ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
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agreement state status for uranium recovery regulation.
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(c) For the payment periods beginning on and after July 1, 2003, the department shall
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establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject
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to the restrictions under Subsection (5)(b).
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(d) The division shall deposit fees the division receives under this Subsection (5) into the
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Environmental Quality Restricted Account created in Section 19-1-108.
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(6)(a) The division shall assess fees for registration, licensing, and inspection of
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radiation sources under this section.
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(b) The division shall comply with the requirements of Section 63J-1-504 in assessing
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fees for licensure and registration.
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(c) The division shall deposit fees the division receives under this Subsection (6) into the
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Environmental Quality Restricted Account created in Section 19-1-108.
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(7)(a) Except as provided in Subsection (8), the board may not adopt rules, for the
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purpose of the state assuming responsibilities from the United States Nuclear
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Regulatory Commission with respect to regulation of sources of ionizing radiation,
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that are more stringent than the corresponding federal regulations that address the
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same circumstances.
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(b) In adopting rules, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, the board may incorporate corresponding federal regulations by
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reference.
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(8)(a) The board may adopt rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, that are more stringent than corresponding federal
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regulations for the purpose described in Subsection (7) only if the board makes a
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written finding after public comment and hearing and based on evidence in the record
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that corresponding federal regulations are not adequate to protect public health and
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the environment of the state.
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(b) The findings described in Subsection (8)(a) shall be accompanied by an opinion
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referring to and evaluating the public health and environmental information and
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studies contained in the record that form the basis for the board's conclusion.
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(9)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the board shall by rule:
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(i) authorize independent qualified experts to conduct inspections required under this
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chapter of x-ray facilities registered with the division; and
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(ii) establish qualifications and certification procedures necessary for independent
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experts to conduct the inspections described in Subsection (9)(a)(i).
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(b) Independent experts under this Subsection (9) are not considered employees or
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representatives of the division or the state when conducting the inspections.
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(10)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the board may by rule establish criteria for siting commercial low-level radioactive
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waste treatment or disposal facilities, subject to the prohibition imposed by Section
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19-3-103.7.
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(b) Subject to Subsection [19-3-105(10)] 19-3-105(9), any facility under Subsection
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(10)(a) for which a radioactive material license is required by this section shall
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comply with criteria established under this Subsection (10).
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(c) Subject to Subsection [19-3-105(10)] 19-3-105(9), a facility may not receive a
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radioactive material license until siting criteria have been established by the board.
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The criteria also apply to facilities that have applied for but not received a radioactive
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material license.
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(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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board shall make rules that:
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(a) establish financial assurance requirements for closure and postclosure care of
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radioactive waste land disposal facilities; and
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(b) establish financial assurance requirements for closure and postclosure care of an
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unlicensed facility.
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(12) The rules described in Subsection (11) shall include the following provisions:
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(a) the financial assurance shall be based on an annual estimate and shall include closure
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and postclosure costs in areas subject to the licensed or permitted portions of the
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facility;
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(b) financial assurance for an unlicensed facility that supports the operation of a licensed
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or permitted facility shall include the estimated cost of:
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(i) the removal of structures;
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(ii) the testing of structures, roads, and property to ensure no radiological
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contamination has occurred outside of the licensed area; and
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(iii) stabilization and water infiltration control;
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(c) financial assurance cost estimates for a single approved waste disposal unit for which
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the volume of waste already placed and proposed to be placed in the unit within the
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surety period is less than the full waste capacity of the unit shall reflect the closure
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and postclosure costs for a waste disposal unit smaller than the approved waste
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disposal unit, if the unit could be reduced in size, meet closure requirements, and
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reduce closure costs;
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(d) financial assurance cost estimates for two approved adjacent waste disposal units that
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have been approved to be combined into a single unit and for which the combined
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volume of waste already placed and proposed to be placed in the units within the
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surety period is less than the combined waste capacity for the two separate units shall
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reflect either two separate waste disposal units or a single combined unit, whichever
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has the lowest closure and postclosure costs;
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(e) the licensee or permittee shall annually propose closure and postclosure costs upon
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which financial assurance amounts are based, including costs of potential remediation
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at the licensed or permitted facility and, notwithstanding the obligations described in
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Subsection (12)(b), any unlicensed facility;
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(f) to provide the information in Subsection (12)(e), the licensee or permittee shall
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provide:
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(i) a proposed annual cost estimate using the current edition of RS Means Facilities
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Construction Cost Data or using a process, including an indirect cost multiplier,
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previously agreed to between the licensee or permittee and the director; or
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(ii)(A) for an initial financial assurance determination and for each financial
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assurance determination every five years thereafter, a proposed competitive
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site-specific estimate for closure and postclosure care of the facility at least
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once every five years; and
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(B) for each year between a financial assurance determination described in
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Subsection (12)(f)(ii)(A), a proposed financial assurance estimate that accounts
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for current site conditions and that includes an annual inflation adjustment to
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the financial assurance determination using the Gross Domestic Product
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Implicit Price Deflator of the Bureau of Economic Analysis, United States
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Department of Commerce, calculated by dividing the latest annual deflator by
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the deflator for the previous year; and
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(g) the director shall:
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(i) annually review the licensee's or permittee's proposed closure and postclosure
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estimate; and
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(ii) approve the estimate if the director determines that the estimate would be
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sufficient to provide for closure and postclosure costs.
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(13) Subject to the financial assurance requirements described in Subsections (11) and (12),
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if the director and the licensee or permittee do not agree on a final financial assurance
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determination made by the director, the licensee or permittee may appeal the
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determination in:
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(a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform
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Arbitration Act, with the costs of the arbitration to be split equally between the
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licensee or permittee and the division, if both the licensee or permittee and the
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director agree in writing to arbitration; or
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(b) a special adjudicative proceeding under Section 19-1-301.5.
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Section 3. Section 19-3-105 is amended to read:
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19-3-105 (Effective 05/07/25). Legislative and gubernatorial approval required
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for radioactive waste license -- Exceptions -- Application for new, renewed, or amended
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license.
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[(1) As used in this section:]
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[(a) "Alternate feed material" has the same definition as provided in Section 59-24-102.]
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[(b) "Approval application" means an application by a radioactive waste facility
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regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit,
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license, registration, certification, or other authorization.]
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[(c)(i) "Class A low-level radioactive waste" means:]
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[(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55;
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and]
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[(B) radium-226 up to a maximum radionuclide concentration level of 10,000
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picocuries per gram.]
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[(ii) "Class A low-level radioactive waste" does not include:]
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[(A) uranium mill tailings;]
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[(B) naturally occurring radioactive materials; or]
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[(C) the following radionuclides if classified as "special nuclear material" under
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the Atomic Energy Act of 1954, 42 U.S.C. 2014:]
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[(I) uranium-233; and]
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[(II) uranium-235 with a radionuclide concentration level greater than the
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concentration limits for specific conditions and enrichments established by
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an order of the Nuclear Regulatory Commission:]
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[(Aa) to ensure criticality safety for a radioactive waste facility in the state;
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and]
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[(Bb) in response to a request, submitted prior to January 1, 2004, from a
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radioactive waste facility in the state to the Nuclear Regulatory
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Commission to amend the facility's special nuclear material exemption
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order.]
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[(d)(i) "Radioactive waste facility" or "facility" means a facility that decays
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radioactive waste in storage, treats radioactive waste, or disposes of radioactive
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waste:]
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[(A) commercially for profit; or]
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[(B) generated at locations other than the radioactive waste facility.]
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[(ii) "Radioactive waste facility" does not include a facility that receives:]
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[(A) alternate feed material for reprocessing; or]
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[(B) radioactive waste from a location in the state designated as a processing site
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under 42 U.S.C. 7912(f).]
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[(e) "Radioactive waste license" or "license" means a radioactive material license issued
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by the director to own, construct, modify, or operate a radioactive waste facility.]
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[(2)] (1) The provisions of this section are subject to the prohibition under Section
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19-3-103.7.
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[(3)] (2) Subject to Subsection [(8)] (7), a person may not own, construct, modify, or operate
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a radioactive waste facility without:
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(a) having received a radioactive waste license for the facility;
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(b) meeting the requirements established by rule under Section 19-3-104;
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(c) the approval of the governing body of the municipality or county responsible for
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local planning and zoning where the radioactive waste is or will be located; and
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(d) subsequent to meeting the requirements of Subsections [(3)(a)] (2)(a) through (c), the
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approval of the governor and the Legislature.
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[(4)] (3) Subject to Subsection [(8)] (7), a new radioactive waste license application, or an
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application to renew or amend an existing radioactive waste license, is subject to the
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requirements of Subsections [(3)(b)] (2)(b) through (d) if the application, renewal, or
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amendment:
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(a) specifies a different geographic site than a previously submitted application;
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(b) would cost 50% or more of the cost of construction of the original radioactive waste
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facility or the modification would result in an increase in capacity or throughput of a
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cumulative total of 50% of the total capacity or throughput which was approved in
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the facility license as of January 1, 1990, or the initial approval facility license if the
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initial license approval is subsequent to January 1, 1990; or
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(c) requests approval to decay radioactive waste in storage, treat radioactive waste, or
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dispose of radioactive waste having a higher radionuclide concentration limit than
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allowed, under an existing approved license held by the facility, for the specific type
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of waste to be decayed in storage, treated, or disposed of.
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[(5)] (4) The requirements of Subsection [(4)(c)] (3)(c) do not apply to an application to
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renew or amend an existing radioactive waste license if:
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(a) the radioactive waste facility requesting the renewal or amendment has received a
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license prior to January 1, 2004; and
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(b) the application to renew or amend its license is limited to a request to approve the
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receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
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radioactive waste.
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[(6)] (5) A radioactive waste facility that receives a new radioactive waste license after May
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3, 2004, is subject to the requirements of Subsections [(3)(b)] (2)(b) through (d) for any
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license application, renewal, or amendment that requests approval to decay radioactive
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waste in storage, treat radioactive waste, or dispose of radioactive waste not previously
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approved under an existing license held by the facility.
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[(7)] (6) If the board finds that approval of additional radioactive waste license applications,
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renewals, or amendments will result in inadequate oversight, monitoring, or licensure
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compliance and enforcement of existing and any additional radioactive waste facilities,
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the board shall suspend acceptance of further applications for radioactive waste licenses.
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The board shall report the suspension to the Legislative Management Committee.
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[(8)] (7) The requirements of Subsections [(3)(c) ] (2)(c) and (d) and Subsection
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19-3-104(10) do not apply to:
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(a) a radioactive waste license that is in effect on December 31, 2006, including all
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amendments to the license that have taken effect as of December 31, 2006;
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(b) a license application for a facility in existence as of December 31, 2006, unless the
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license application includes an area beyond the facility boundary approved in the
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license described in Subsection [(8)(a)] (7)(a); or
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(c) an application to renew or amend a license described in Subsection [(8)(a), unless ]
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(7)(a) if the renewal or amendment includes an area [beyond] within:
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(i) the facility boundary approved in the license described in Subsection [(8)(a).]
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(7)(a); or
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(ii) a hazardous waste corridor.
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[(9)] (8)(a) The director shall review an approval application to determine whether the
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application complies with the requirements of this chapter and the rules of the board.
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(b) Within 60 days after the day on which the director receives an approval application
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described in Subsection [(10)(a)(ii)] (9)(a)(ii) or (iii), the director shall:
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(i) determine whether the application is complete and contains all the information
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necessary to process the application for approval; and
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(ii)(A) issue a notice of completeness to the applicant; or
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(B) issue a notice of deficiency to the applicant and list the additional information
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necessary to complete the application.
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(c) The director shall review information submitted in response to a notice of deficiency
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within 30 days after the day on which the director receives the information.
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[(10)] (9) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, to:
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(a) categorize approval applications as follows:
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(i) approval applications that:
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(A) are administrative in nature;
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(B) require limited scrutiny by the director; and
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(C) do not require public input;
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(ii) approval applications that:
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(A) require substantial scrutiny by the director;
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(B) require public input; and
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(C) are not described in Subsection [(10)(a)(iii)] (9)(a)(iii); and
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(iii) approval applications for:
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(A) the granting or renewal of a radioactive waste license;
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(B) the granting or renewal of a groundwater permit issued by the director for a
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radioactive waste facility;
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(C) an amendment to a radioactive waste license, or a groundwater permit, that
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allows the design and approval of a new disposal cell;
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(D) an amendment to a radioactive waste license or groundwater discharge permit
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for a radioactive waste facility to eliminate groundwater monitoring; and
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(E) a radioactive waste facility closure plan;
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(b) provide time periods for the director to review, and approve or deny, an application
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described in Subsection [(10)(a)] (9)(a) as follows:
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(i) for applications categorized under Subsection [(10)(a)(i)] (9)(a)(i), within 30 days
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after the day on which the director receives the application; and
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(ii) for applications categorized under Subsection [(10)(a)(ii)] (9)(a)(ii), within 180
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days after the day on which the director receives the application;
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(iii) for applications categorized under Subsection [(10)(a)(iii)] (9)(a)(iii), as follows:
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(A) for a new radioactive waste license, within 540 days after the day on which
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the director receives the application;
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(B) for a new groundwater permit issued by the director for a radioactive waste
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facility consistent with the provisions of Title 19, Chapter 5, Water Quality Act,
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within 540 days after the day on which the director receives the application;
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(C) for a radioactive waste license renewal, within 365 days after the day on
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which the director receives the application;
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(D) for a groundwater permit renewal issued by the director for a radioactive
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waste facility, within 365 days after the day on which the director receives the
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application;
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(E) for an amendment to a radioactive waste license, or a groundwater permit, that
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allows the design and approval of a new disposal cell, within 365 days after the
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day on which the director receives the application;
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(F) for an amendment to a radioactive waste license, or a groundwater discharge
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permit, for a radioactive waste facility to eliminate groundwater monitoring,
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within 365 days after the day on which the director receives the application; and
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(G) for a radioactive waste facility closure plan, within 365 days after the day on
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which the director receives the application;
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(c) toll the time periods described in Subsection [(10)(b)] (9)(b):
419
(i) while an owner or operator of a facility responds to the director's request for
420
information;
421
(ii) during a public comment period; or
422
(iii) while the federal government reviews the application; and
423
(d) require the director to prepare a detailed written explanation of the basis for the
424
director's approval or denial of an approval application.
425
Section 4. Section 59-24-102 is amended to read:
426
59-24-102 (Effective 07/01/25). Definitions.
427
As used in this chapter:
428
(1)(a) "Alternate feed material" means a natural or native material:
429
(i) mined for the extraction of its constituents or other matter from which source
430
material may be extracted in a licensed uranium or thorium mill; and
431
(ii) may be reprocessed for its source material content.
432
(b) "Alternate feed material" does not include:
433
(i) material containing hazardous waste listed under 40 C.F.R. Part 261, Subpart D;
434
(ii) natural or unprocessed ore; or
435
(iii) naturally occurring radioactive materials containing greater than 15 picocuries
436
per gram of radium-226.
437
(2) "Byproduct material" is as defined in 42 U.S.C. Sec. 2014(e)(2).
438
(3) "Class A low-level radioactive waste" means radioactive waste that is classified as class
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439
A waste under 10 C.F.R. 61.55.
440
(4) "Containerized class A waste" means class A low-level radioactive waste that is placed
441
in the portion of a radioactive waste facility that is licensed to receive containerized
442
class A waste.
443
(5)(a) "Generator" means the same as that term is defined in Section 19-3-102.
444
(b) "Generator" includes an affiliate, subsidiary, or successor of the generator.
445
[(5)] (6)(a) "Gross receipts" means all consideration an owner or operator of a
446
radioactive waste facility receives for the disposal of radioactive waste in the state,
447
without any deduction or expense paid or accrued related to the disposal of the
448
radioactive waste.
449
(b) "Gross receipts" do not include fees collected under Section 19-3-106 or any other
450
taxes collected for a state or federal governmental entity.
451
[(6)] (7)(a) "Processed class A waste" means waste that:
452
(i) is class A low-level radioactive waste; and
453
(ii) has been concentrated by a processor.
454
(b) "Processed class A waste" does not include containerized class A waste.
455
[(7)] (8) "Radioactive waste" means:
456
(a) alternate feed material;
457
(b) byproduct material;
458
(c) containerized class A waste;
459
(d) processed class A waste; or
460
(e) uncontainerized, unprocessed class A waste.
461
[(8)] (9) "Radioactive waste facility" or "facility" means:
462
(a) a facility licensed under Section 19-3-105; or
463
(b) a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source
464
Material.
465
[(9)] (10)(a) "Uncontainerized, unprocessed class A waste" means class A low-level
466
radioactive waste that:
467
(i) is neither containerized class A waste, nor processed class A waste; and
468
(ii) must be disposed of under rules of the Nuclear Regulatory Commission in a
469
licensed low-level radioactive waste disposal facility.
470
(b) "Uncontainerized, unprocessed class A waste" does not include alternate feed
471
material.
472
Section 5. Section 59-24-103.8 is enacted to read:
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473
59-24-103.8 (Effective 07/01/25). Radioactive waste facility expansion tax --
474
Payment -- Deposit of tax revenue.
475
(1) As used in this section:
476
(a) "Division" means the Division of Waste Management and Radiation Control created
477
in Section 19-1-105.
478
(b) "New licensed waste disposal volume" means the increased volume of radioactive
479
waste that a radioactive waste facility requests for approval by the division in a
480
radioactive waste facility application.
481
(c) "Radioactive waste facility application" means an application for a new radioactive
482
waste facility or an amendment to an existing radioactive waste facility under Section
483
19-3-105 that seeks authorization to construct a new radioactive waste facility or
484
expand the geographic site covered by an existing radioactive waste facility.
485
(2) There is imposed a tax on a radioactive waste facility that submits a radioactive waste
486
facility application to the division on or before December 31, 2025.
487
(3) The tax imposed by this section is equal to $3.45 per cubic yard of new licensed waste
488
disposal volume, up to and not exceeding 8,700,000 cubic yards of new licensed waste
489
disposal volume for a radioactive waste facility.
490
(4) The tax imposed by this section shall be paid no later than 60 days after the day on
491
which the radioactive waste facility submits a radioactive waste facility application to
492
the division.
493
(5) The commission shall deposit the tax revenue collected under this section into the Utah
494
Energy Research Fund created in Section 79-6-1002.
495
(6) Nothing in this section may allow the commission to limit the ability of the director of
496
the division to approve or deny a radioactive waste facility license under Section
497
19-3-105.
498
Section 6. Section 59-24-104 is amended to read:
499
59-24-104 (Effective 05/07/25). Payment of tax.
500
(1) The tax imposed by Section 59-24-103.5 shall be paid by [the owner or operator of ]a
501
radioactive waste facility that receives radioactive waste for disposal or reprocessing.
502
(2) The payment shall be accompanied by the form prescribed by the commission.
503
(3) [The ] Except as otherwise provided in this chapter, the payment shall be paid quarterly
504
on or before the last day of the month next succeeding each calendar quarterly period.
505
Section 7. Section 59-24-105 is amended to read:
506
59-24-105 (Effective 07/01/25). Deposit of tax revenue.
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507
(1) [ The] Except as provided in Subsection (2) and otherwise in this chapter, the
508
commission shall deposit the tax revenue collected under this chapter into the Uniform
509
School Fund.
510
(2)(a) The commission shall deposit tax revenue collected under Section 59-24-103.5
511
from a radioactive waste facility for radioactive waste received from a generator that
512
did not ship to the radioactive waste facility on or before June 30, 2025, into the Utah
513
Energy Research Fund created in Section 79-6-1002.
514
(b) The commission may require a radioactive waste facility to share data related to
515
radioactive waste delivered by a generator to the radioactive waste facility for the
516
purposes of calculating the deposit of tax revenue described in Subsection (2)(a).
517
Section 8. Section 63I-2-259 is amended to read:
518
63I-2-259 (Effective 05/07/25). Repeal dates: Title 59.
519
(1) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as the
520
targeted business income tax credit, is repealed December 31, 2024.
521
(2) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year as
522
the targeted business income tax credit, is repealed December 31, 2024.
523
(3) Section 59-7-624, Targeted business income tax credit, is repealed December 31, 2024.
524
(4) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed December
525
31, 2024.
526
(5) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year as
527
the targeted business income tax credit, is repealed December 31, 2024.
528
(6) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable year as
529
the targeted business income tax credit, is repealed December 31, 2024.
530
(7) Section 59-10-1112, Targeted business income tax credit, is repealed December 31,
531
2024.
532
(8) Section 59-24-103.8, Radioactive waste facility expansion tax -- Payment -- Deposit of
533
tax revenue, is repealed July 1, 2026.
534
Section 9. Section 63N-1a-102 is amended to read:
535
63N-1a-102 (Effective 05/07/25). Definitions.
536
As used in this title:
537
(1) "Baseline jobs" means the number of full-time employee positions that existed within a
538
business entity in the state before the date on which a project related to the business
539
entity is approved by the office or by the GOEO board.
540
(2) "Baseline state revenue" means the amount of state tax revenue collected from a
- 16 - 02-03 16:38 S.B. 216
541
business entity or the employees of a business entity during the year before the date on
542
which a project related to the business entity is approved by the office or by the GOEO
543
board.
544
{(a)} (3) "Commission" means the Unified Economic Opportunity Commission created in
545
Section 63N-1a-201.
546
{(b)} (4) "Economic opportunity agency" includes:
547
{(c)} (a) the Department of Workforce Services;
548
(b) the Department of Cultural and Community Engagement;
549
(c) the Department of Commerce;
550
(d) the Department of Natural Resources;
551
(e) the Office of Energy Development;
552
(f) the State Board of Education;
553
(g) institutions of higher education;
554
(h) the Utah Multicultural Commission;
555
(i) the World Trade Center Utah;
556
(j) local government entities;
557
(k) associations of governments;
558
(l) the Utah League of Cities and Towns;
559
(m) the Utah Association of Counties;
560
(n) the Economic Development Corporation of Utah;
561
(o) the Small Business Administration;
562
(p) chambers of commerce;
563
(q) industry associations;
564
(r) small business development centers; and
565
(s) other entities identified by the commission or the executive director.
566
(5) "Executive director" means the executive director of the office.
567
(6) "Full-time employee" means an employment position that is filled by an employee who
568
works at least 30 hours per week and:
569
(a) may include an employment position filled by more than one employee, if each
570
employee who works less than 30 hours per week is provided benefits comparable to
571
a full-time employee; and
572
(b) may not include an employment position that is shifted from one jurisdiction in the
573
state to another jurisdiction in the state.
574
(7) "GOEO board" means the Board of Economic Opportunity created in Section
- 17 - S.B. 216 02-03 16:38
575
63N-1a-401.
576
(8) "High paying job" means a newly created full-time employee position where the
577
aggregate average annual gross wage of the employment position, not including health
578
care or other paid or unpaid benefits, is:
579
(a) at least 110% of the average wage of the county in which the employment position
580
exists; or
581
(b) for an employment position related to a project described in Chapter 2, Part 1,
582
Economic Development Tax Increment Financing, and that is located within the
583
boundary of a county of the third, fourth, fifth, or sixth class, or located within a
584
municipality in a county of the second class and where the municipality has a
585
population of 10,000 or less:
586
(i) at least 100% of the average wage of the county in which the employment position
587
exists; or
588
(ii) an amount determined by rule made by the office in accordance with Title 63G,
589
Chapter 3, Utah Administrative Rulemaking Act, if the office determines the
590
project is in a county experiencing economic distress.
591
(9)(a) "Incremental job" means a full-time employment position in the state that:
592
(i) did not exist within a business entity in the state before the beginning of a project
593
related to the business entity; and
594
(ii) is created in addition to the number of baseline jobs that existed within a business
595
entity.
596
(b) "Incremental job" includes a full-time employment position where the employee is
597
hired:
598
(i) directly by a business entity; or
599
(ii) by a professional employer organization, as defined in Section 31A-40-102, on
600
behalf of a business entity.
601
(10) "New state revenue" means the state revenue collected from a business entity or a
602
business entity's employees during a calendar year minus the baseline state revenue
603
calculation.
604
(11) "Office" or "GOEO" means the Governor's Office of Economic Opportunity.
605
(12) "State revenue" means state tax liability paid by a business entity or a business entity's
606
employees under any combination of the following provisions:
607
(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
608
(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
- 18 - 02-03 16:38 S.B. 216
609
Information;
610
(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
611
(d) Title 59, Chapter 10, Part 4, Withholding of Tax;[ and]
612
(e) Title 59, Chapter 12, Sales and Use Tax Act[.] ; and
613
(f) Title 59, Chapter 24, Radioactive Waste Facility Tax Act.
614
(13) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.
615
(14) "Statewide economic development strategy" means the economic development
616
strategy developed by the commission in accordance with Section 63N-1a-202.
617
(15) "Talent board" means the Talent, Education, and Industry Alignment Board created in
618
Section 53B-34-102.
619
(16) "Targeted industry" means an industry or group of industries targeted by the
620
commission under Section 63N-1a-202, for economic development in the state.
621
Section 10. Effective Date.
622
(1) Except as provided in Subsection (2), this bill takes effect May 7, 2025.
623
(2) The actions affecting the following sections take effect on July 1, 2025:
624
(a) Section 59-24-103.8 (Effective 07/01/25);
625
(b) Section 59-24-102 (Effective 07/01/25); and
626
(c) Section 59-24-105 (Effective 07/01/25).
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