02-13 17:03 1st Sub. (Green) S.B. 216
Michael K. McKell proposes the following substitute bill:
1
Environmental Quality Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill modifies provisions related to radioactive waste.
6
Highlighted Provisions:
7
This bill:
8
▸ defines and modifies terms;
9
▸ modifies the requirements for a waste facility to renew or amend a radioactive waste
10
license;
11
▸ requires the State Tax Commission to deposit into an energy-related fund the portion of
12
new tax revenue derived from a radioactive waste facility receiving radioactive waste
13
from a new generator;
14
▸ creates a radioactive waste facility expansion tax on a radioactive waste facility that
15
submits an application to the Division of Waste Management and Radiation Control to
16
construct a new radioactive waste facility or expand an existing facility;
17
▸ provides for the payment and deposit of the radioactive waste facility expansion tax;
18
▸ implements a sunset date for the radioactive waste facility expansion tax; and
19
▸ makes technical and conforming changes.
20
Money Appropriated in this Bill:
21
None
22
Other Special Clauses:
23
This bill provides a special effective date.
24
This bill provides a coordination clause.
25
Utah Code Sections Affected:
26
AMENDS:
27
19-3-102 (Effective 05/07/25), as last amended by Laws of Utah 2017, Chapter 360
28
19-3-104 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 336
1st Sub. S.B. 216 1st Sub. (Green) S.B. 216 02-13 17:03
29
19-3-105 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 281
30
59-24-102 (Effective 07/01/25), as last amended by Laws of Utah 2003, Chapter 295
31
59-24-103.5 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 192
32
59-24-104 (Effective 07/01/25), as last amended by Laws of Utah 2019, Chapter 466
33
59-24-105 (Effective 07/01/25), as last amended by Laws of Utah 2003, Chapter 295
34
63I-2-259 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
35
Session, Chapter 5
36
ENACTS:
37
59-24-103.8 (Effective 07/01/25), Utah Code Annotated 1953
38
Utah Code Sections affected by Coordination Clause:
39
40
Be it enacted by the Legislature of the state of Utah:
41
Section 1. Section 19-3-102 is amended to read:
42
19-3-102 (Effective 05/07/25). Definitions.
43
As used in this chapter:
44
(1) "Alternate feed material" means the same as that term is defined in Section 59-24-102.
45
(2) "Approval application" means an application for a permit, license, registration,
46
certification, or other authorization by a radioactive waste facility regulated under this
47
chapter or Chapter 5, Water Quality Act.
48
[(1)] (3) "Board" means the Waste Management and Radiation Control Board created under
49
Section 19-1-106.
50
[(2)] (4)(a) "Broker" means a person who performs one or more of the following
51
functions for a generator:
52
(i) arranges for transportation of the radioactive waste;
53
(ii) collects or consolidates shipments of radioactive waste; or
54
(iii) processes radioactive waste in some manner.
55
(b) "Broker" does not include a carrier whose sole function is to transport the radioactive
56
waste.
57
[(3)] (5) "Byproduct material" means the same as that term is defined in 42 U.S.C. Sec.
58
2014(e)(2).
59
(6)(a) "Class A low-level radioactive waste" means:
60
(i) radioactive waste that is classified as class A waste under 10 C.F.R. Sec. 61.55;
61
and
62
(ii) radium-226 up to a maximum radionuclide concentration level of 10,000
- 2 - 02-13 17:03 1st Sub. (Green) S.B. 216
63
picocuries per gram.
64
(b) "Class A low-level radioactive waste" does not include:
65
(i) uranium mill tailings;
66
(ii) naturally occurring radioactive materials;
67
(iii) uranium-233 if classified as "special nuclear material" under the Atomic Energy
68
Act of 1954, 42 U.S.C. Sec. 2014; or
69
(iv) uranium-235 if classified as "special nuclear material" under the Atomic Energy
70
Act of 1954, 42 U.S.C. Sec. 2014, with a radionuclide concentration level greater
71
than the concentration limits for specific conditions and enrichments established
72
by an order of the Nuclear Regulatory Commission:
73
(A) to ensure criticality safety for a radioactive waste facility in the state; and
74
(B) in response to a request, submitted prior to January 1, 2004, from a radioactive
75
waste facility in the state to the Nuclear Regulatory Commission to amend the
76
facility's special nuclear material exemption order.
77
[(4)] (7) "Class B and class C low-level radioactive waste" means the same as that term is
78
defined in 10 C.F.R. Sec. 61.55.
79
[(5)] (8) "Director" means the director of the Division of Waste Management and Radiation
80
Control.
81
[(6)] (9) "Division" means the Division of Waste Management and Radiation Control,
82
created in Subsection 19-1-105(1)(d).
83
[(7)] (10) "Generator" means a person who:
84
(a) possesses any material or component:
85
(i) that contains radioactivity or is radioactively contaminated; and
86
(ii) for which the person foresees no further use; and
87
(b) transfers the material or component to:
88
(i) a commercial radioactive waste treatment or disposal facility; or
89
(ii) a broker.
90
(11) "Hazardous waste corridor" means an area of land within a county that the legislative
91
body of the county:
92
(a) designates for the siting of a radioactive waste facility; and
93
(b) restricts from all residential use or development.
94
[(8)] (12)(a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
95
nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
96
defense-related wastes.
- 3 - 1st Sub. (Green) S.B. 216 02-13 17:03
97
(b) "High-level nuclear waste" does not include medical or institutional wastes, naturally
98
occurring radioactive materials, or uranium mill tailings.
99
[(9)] (13)(a) "Low-level radioactive waste" means waste material that contains
100
radioactive nuclides emitting primarily beta or gamma radiation, or both, in
101
concentrations or quantities that exceed applicable federal or state standards for
102
unrestricted release.
103
(b) "Low-level radioactive waste" does not include waste containing more than 100
104
nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel,
105
nor material classified as either high-level waste or waste which is unsuited for
106
disposal by near-surface burial under any applicable federal regulations.
107
[(10)] (14) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
108
X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
109
[(11)] (15) "Radioactive" means any solid, liquid, or gas which emits radiation
110
spontaneously from decay of unstable nuclei.
111
(16)(a) "Radioactive waste facility" means a facility that decays radioactive waste in
112
storage, treats radioactive waste, or disposes of radioactive waste:
113
(i) commercially for profit; or
114
(ii) generated at locations other than the radioactive waste facility.
115
(b) "Radioactive waste facility" does not include a facility that receives:
116
(i) alternate feed material for reprocessing; or
117
(ii) radioactive waste from a location in the state designated as a processing site
118
under 42 U.S.C. Sec. 7912(f).
119
(17) "Radioactive waste license" means a radioactive material license issued by the director
120
to own, construct, modify, or operate a radioactive waste facility.
121
[(12)] (18) "Unlicensed facility" means a structure, road, or property:
122
(a) adjacent to, but outside of, a licensed or permitted area; and
123
(b) that is not used for waste disposal or waste management.
124
Section 2. Section 19-3-104 is amended to read:
125
19-3-104 (Effective 05/07/25). Registration and licensing of radiation sources by
126
department -- Assessment of fees -- Rulemaking authority and procedure -- Siting
127
criteria -- Indirect and direct costs.
128
(1) As used in this section:
129
(a) "Decommissioning" includes financial assurance.
130
(b) "Source material" and "byproduct material" mean the same as those terms are
- 4 - 02-13 17:03 1st Sub. (Green) S.B. 216
131
defined in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as amended.
132
(2) The division may require the registration or licensing of radiation sources that constitute
133
a significant health hazard.
134
(3) A source of ionizing radiation, including an ionizing radiation producing machine, shall
135
be registered or licensed by the department.
136
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
137
board may make rules:
138
(a) necessary for controlling exposure to sources of radiation that constitute a significant
139
health hazard;
140
(b) to meet the requirements of federal law relating to radiation control to ensure the
141
radiation control programs under this part are qualified to maintain primacy from the
142
federal government;
143
(c) to establish certification procedure and qualifications for persons who survey
144
mammography equipment and oversee quality assurance practices at mammography
145
facilities; and
146
(d) as necessary regarding the possession, use, transfer, or delivery of source and
147
byproduct material and the disposal of byproduct material to establish requirements
148
for:
149
(i) the licensing, operation, decontamination, and decommissioning, including
150
financial assurances; and
151
(ii) the reclamation of sites, structures, and equipment used in conjunction with the
152
activities described in this Subsection (4).
153
(5)(a) [On and after January 1, 2003, a] A fee is imposed for the regulation of source and
154
byproduct material and the disposal of byproduct material at uranium mills or
155
commercial waste facilities, as provided in this Subsection (5).
156
(b) If the Nuclear Regulatory Commission does not grant the amendment for state
157
agreement status on or before March 30, 2003, fees under Subsection (5)(c) do not
158
apply and are not required to be paid until on and after the later date of:
159
(i) October 1, 2003; or
160
(ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
161
agreement state status for uranium recovery regulation.
162
(c) For the payment periods beginning on and after July 1, 2003, the department shall
163
establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject
164
to the restrictions under Subsection (5)(b).
- 5 - 1st Sub. (Green) S.B. 216 02-13 17:03
165
(d) The division shall deposit fees the division receives under this Subsection (5) into the
166
Environmental Quality Restricted Account created in Section 19-1-108.
167
(6)(a) The division shall assess fees for registration, licensing, and inspection of
168
radiation sources under this section.
169
(b) The division shall comply with the requirements of Section 63J-1-504 in assessing
170
fees for licensure and registration.
171
(c) The division shall deposit fees the division receives under this Subsection (6) into the
172
Environmental Quality Restricted Account created in Section 19-1-108.
173
(7)(a) Except as provided in Subsection (8), the board may not adopt rules, for the
174
purpose of the state assuming responsibilities from the United States Nuclear
175
Regulatory Commission with respect to regulation of sources of ionizing radiation,
176
that are more stringent than the corresponding federal regulations that address the
177
same circumstances.
178
(b) In adopting rules, in accordance with Title 63G, Chapter 3, Utah Administrative
179
Rulemaking Act, the board may incorporate corresponding federal regulations by
180
reference.
181
(8)(a) The board may adopt rules, in accordance with Title 63G, Chapter 3, Utah
182
Administrative Rulemaking Act, that are more stringent than corresponding federal
183
regulations for the purpose described in Subsection (7) only if the board makes a
184
written finding after public comment and hearing and based on evidence in the record
185
that corresponding federal regulations are not adequate to protect public health and
186
the environment of the state.
187
(b) The findings described in Subsection (8)(a) shall be accompanied by an opinion
188
referring to and evaluating the public health and environmental information and
189
studies contained in the record that form the basis for the board's conclusion.
190
(9)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
191
the board shall by rule:
192
(i) authorize independent qualified experts to conduct inspections required under this
193
chapter of x-ray facilities registered with the division; and
194
(ii) establish qualifications and certification procedures necessary for independent
195
experts to conduct the inspections described in Subsection (9)(a)(i).
196
(b) Independent experts under this Subsection (9) are not considered employees or
197
representatives of the division or the state when conducting the inspections.
198
(10)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
- 6 - 02-13 17:03 1st Sub. (Green) S.B. 216
199
the board may by rule establish criteria for siting commercial low-level radioactive
200
waste treatment or disposal facilities, subject to the prohibition imposed by Section
201
19-3-103.7.
202
(b) Subject to Subsection [19-3-105(10)] 19-3-105(9), any facility under Subsection
203
(10)(a) for which a radioactive material license is required by this section shall
204
comply with criteria established under this Subsection (10).
205
(c) Subject to Subsection [19-3-105(10)] 19-3-105(9), a facility may not receive a
206
radioactive material license until siting criteria have been established by the board.
207
The criteria also apply to facilities that have applied for but not received a radioactive
208
material license.
209
(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
210
board shall make rules that:
211
(a) establish financial assurance requirements for closure and postclosure care of
212
radioactive waste land disposal facilities; and
213
(b) establish financial assurance requirements for closure and postclosure care of an
214
unlicensed facility.
215
(12) The rules described in Subsection (11) shall include the following provisions:
216
(a) the financial assurance shall be based on an annual estimate and shall include closure
217
and postclosure costs in areas subject to the licensed or permitted portions of the
218
facility;
219
(b) financial assurance for an unlicensed facility that supports the operation of a licensed
220
or permitted facility shall include the estimated cost of:
221
(i) the removal of structures;
222
(ii) the testing of structures, roads, and property to ensure no radiological
223
contamination has occurred outside of the licensed area; and
224
(iii) stabilization and water infiltration control;
225
(c) financial assurance cost estimates for a single approved waste disposal unit for which
226
the volume of waste already placed and proposed to be placed in the unit within the
227
surety period is less than the full waste capacity of the unit shall reflect the closure
228
and postclosure costs for a waste disposal unit smaller than the approved waste
229
disposal unit, if the unit could be reduced in size, meet closure requirements, and
230
reduce closure costs;
231
(d) financial assurance cost estimates for two approved adjacent waste disposal units that
232
have been approved to be combined into a single unit and for which the combined
- 7 - 1st Sub. (Green) S.B. 216 02-13 17:03
233
volume of waste already placed and proposed to be placed in the units within the
234
surety period is less than the combined waste capacity for the two separate units shall
235
reflect either two separate waste disposal units or a single combined unit, whichever
236
has the lowest closure and postclosure costs;
237
(e) the licensee or permittee shall annually propose closure and postclosure costs upon
238
which financial assurance amounts are based, including costs of potential remediation
239
at the licensed or permitted facility and, notwithstanding the obligations described in
240
Subsection (12)(b), any unlicensed facility;
241
(f) to provide the information in Subsection (12)(e), the licensee or permittee shall
242
provide:
243
(i) a proposed annual cost estimate using the current edition of RS Means Facilities
244
Construction Cost Data or using a process, including an indirect cost multiplier,
245
previously agreed to between the licensee or permittee and the director; or
246
(ii)(A) for an initial financial assurance determination and for each financial
247
assurance determination every five years thereafter, a proposed competitive
248
site-specific estimate for closure and postclosure care of the facility at least
249
once every five years; and
250
(B) for each year between a financial assurance determination described in
251
Subsection (12)(f)(ii)(A), a proposed financial assurance estimate that accounts
252
for current site conditions and that includes an annual inflation adjustment to
253
the financial assurance determination using the Gross Domestic Product
254
Implicit Price Deflator of the Bureau of Economic Analysis, United States
255
Department of Commerce, calculated by dividing the latest annual deflator by
256
the deflator for the previous year; and
257
(g) the director shall:
258
(i) annually review the licensee's or permittee's proposed closure and postclosure
259
estimate; and
260
(ii) approve the estimate if the director determines that the estimate would be
261
sufficient to provide for closure and postclosure costs.
262
(13) Subject to the financial assurance requirements described in Subsections (11) and (12),
263
if the director and the licensee or permittee do not agree on a final financial assurance
264
determination made by the director, the licensee or permittee may appeal the
265
determination in:
266
(a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform
- 8 - 02-13 17:03 1st Sub. (Green) S.B. 216
267
Arbitration Act, with the costs of the arbitration to be split equally between the
268
licensee or permittee and the division, if both the licensee or permittee and the
269
director agree in writing to arbitration; or
270
(b) a special adjudicative proceeding under Section 19-1-301.5.
271
Section 3. Section 19-3-105 is amended to read:
272
19-3-105 (Effective 05/07/25). Legislative and gubernatorial approval required
273
for radioactive waste license -- Exceptions -- Application for new, renewed, or amended
274
license.
275
[(1) As used in this section:]
276
[(a) "Alternate feed material" has the same definition as provided in Section 59-24-102.]
277
[(b) "Approval application" means an application by a radioactive waste facility
278
regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit,
279
license, registration, certification, or other authorization.]
280
[(c)(i) "Class A low-level radioactive waste" means:]
281
[(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55;
282
and]
283
[(B) radium-226 up to a maximum radionuclide concentration level of 10,000
284
picocuries per gram.]
285
[(ii) "Class A low-level radioactive waste" does not include:]
286
[(A) uranium mill tailings;]
287
[(B) naturally occurring radioactive materials; or]
288
[(C) the following radionuclides if classified as "special nuclear material" under
289
the Atomic Energy Act of 1954, 42 U.S.C. 2014:]
290
[(I) uranium-233; and]
291
[(II) uranium-235 with a radionuclide concentration level greater than the
292
concentration limits for specific conditions and enrichments established by
293
an order of the Nuclear Regulatory Commission:]
294
[(Aa) to ensure criticality safety for a radioactive waste facility in the state;
295
and]
296
[(Bb) in response to a request, submitted prior to January 1, 2004, from a
297
radioactive waste facility in the state to the Nuclear Regulatory
298
Commission to amend the facility's special nuclear material exemption
299
order.]
300
[(d)(i) "Radioactive waste facility" or "facility" means a facility that decays
- 9 - 1st Sub. (Green) S.B. 216 02-13 17:03
301
radioactive waste in storage, treats radioactive waste, or disposes of radioactive
302
waste:]
303
[(A) commercially for profit; or]
304
[(B) generated at locations other than the radioactive waste facility.]
305
[(ii) "Radioactive waste facility" does not include a facility that receives:]
306
[(A) alternate feed material for reprocessing; or]
307
[(B) radioactive waste from a location in the state designated as a processing site
308
under 42 U.S.C. 7912(f).]
309
[(e) "Radioactive waste license" or "license" means a radioactive material license issued
310
by the director to own, construct, modify, or operate a radioactive waste facility.]
311
[(2)] (1) The provisions of this section are subject to the prohibition under Section
312
19-3-103.7.
313
[(3)] (2) Subject to Subsection [(8)] (7), a person may not own, construct, modify, or operate
314
a radioactive waste facility without:
315
(a) having received a radioactive waste license for the facility;
316
(b) meeting the requirements established by rule under Section 19-3-104;
317
(c) the approval of the governing body of the municipality or county responsible for
318
local planning and zoning where the radioactive waste is or will be located; and
319
(d) subsequent to meeting the requirements of Subsections [(3)(a)] (2)(a) through (c), the
320
approval of the governor and the Legislature.
321
[(4)] (3) Subject to Subsection [(8)] (7), a new radioactive waste license application, or an
322
application to renew or amend an existing radioactive waste license, is subject to the
323
requirements of Subsections [(3)(b)] (2)(b) through (d) if the application, renewal, or
324
amendment:
325
(a) specifies a different geographic site than a previously submitted application;
326
(b) would cost 50% or more of the cost of construction of the original radioactive waste
327
facility or the modification would result in an increase in capacity or throughput of a
328
cumulative total of 50% of the total capacity or throughput which was approved in
329
the facility license as of January 1, 1990, or the initial approval facility license if the
330
initial license approval is subsequent to January 1, 1990; or
331
(c) requests approval to decay radioactive waste in storage, treat radioactive waste, or
332
dispose of radioactive waste having a higher radionuclide concentration limit than
333
allowed, under an existing approved license held by the facility, for the specific type
334
of waste to be decayed in storage, treated, or disposed of.
- 10 - 02-13 17:03 1st Sub. (Green) S.B. 216
335
[(5)] (4) The requirements of Subsection [(4)(c)] (3)(c) do not apply to an application to
336
renew or amend an existing radioactive waste license if:
337
(a) the radioactive waste facility requesting the renewal or amendment has received a
338
license prior to January 1, 2004; and
339
(b) the application to renew or amend its license is limited to a request to approve the
340
receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
341
radioactive waste.
342
[(6)] (5) A radioactive waste facility that receives a new radioactive waste license after May
343
3, 2004, is subject to the requirements of Subsections [(3)(b)] (2)(b) through (d) for any
344
license application, renewal, or amendment that requests approval to decay radioactive
345
waste in storage, treat radioactive waste, or dispose of radioactive waste not previously
346
approved under an existing license held by the facility.
347
[(7)] (6) If the board finds that approval of additional radioactive waste license applications,
348
renewals, or amendments will result in inadequate oversight, monitoring, or licensure
349
compliance and enforcement of existing and any additional radioactive waste facilities,
350
the board shall suspend acceptance of further applications for radioactive waste licenses.
351
The board shall report the suspension to the Legislative Management Committee.
352
[(8)] (7) The requirements of Subsections [(3)(c) ] (2)(c) and (d) and Subsection
353
19-3-104(10) do not apply to:
354
(a) a radioactive waste license[ that is] in effect on December 31, 2006, including all
355
amendments to the license [that have taken effect as of December 31, 2006] thereafter;
356
(b) a license application for a facility in existence as of December 31, 2006, unless the
357
license application includes an area beyond the facility boundary approved in the
358
license described in Subsection [(8)(a)] (7)(a); or
359
(c) an application to renew or amend a license described in Subsection [(8)(a), unless ]
360
(7)(a) if the renewal or amendment includes an area[ beyond] :
361
(i) within the facility boundary approved in the license described in Subsection [(8)(a).]
362
(7)(a); or
363
(ii) within a hazardous waste corridor.
364
[(9)] (8)(a) The director shall review an approval application to determine whether the
365
application complies with the requirements of this chapter and the rules of the board.
366
(b) Within 60 days after the day on which the director receives an approval application
367
described in Subsection [(10)(a)(ii)] (9)(a)(ii) or (iii), the director shall:
368
(i) determine whether the application is complete and contains all the information
- 11 - 1st Sub. (Green) S.B. 216 02-13 17:03
369
necessary to process the application for approval; and
370
(ii)(A) issue a notice of completeness to the applicant; or
371
(B) issue a notice of deficiency to the applicant and list the additional information
372
necessary to complete the application.
373
(c) The director shall review information submitted in response to a notice of deficiency
374
within 30 days after the day on which the director receives the information.
375
[(10)] (9) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
376
Administrative Rulemaking Act, to:
377
(a) categorize approval applications as follows:
378
(i) approval applications that:
379
(A) are administrative in nature;
380
(B) require limited scrutiny by the director; and
381
(C) do not require public input;
382
(ii) approval applications that:
383
(A) require substantial scrutiny by the director;
384
(B) require public input; and
385
(C) are not described in Subsection [(10)(a)(iii)] (9)(a)(iii); and
386
(iii) approval applications for:
387
(A) the granting or renewal of a radioactive waste license;
388
(B) the granting or renewal of a groundwater permit issued by the director for a
389
radioactive waste facility;
390
(C) an amendment to a radioactive waste license, or a groundwater permit, that
391
allows the design and approval of a new disposal cell;
392
(D) an amendment to a radioactive waste license or groundwater discharge permit
393
for a radioactive waste facility to eliminate groundwater monitoring; and
394
(E) a radioactive waste facility closure plan;
395
(b) provide time periods for the director to review, and approve or deny, an application
396
described in Subsection [(10)(a)] (9)(a) as follows:
397
(i) for applications categorized under Subsection [(10)(a)(i)] (9)(a)(i), within 30 days
398
after the day on which the director receives the application; and
399
(ii) for applications categorized under Subsection [(10)(a)(ii)] (9)(a)(ii), within 180
400
days after the day on which the director receives the application;
401
(iii) for applications categorized under Subsection [(10)(a)(iii)] (9)(a)(iii), as follows:
402
(A) for a new radioactive waste license, within 540 days after the day on which
- 12 - 02-13 17:03 1st Sub. (Green) S.B. 216
403
the director receives the application;
404
(B) for a new groundwater permit issued by the director for a radioactive waste
405
facility consistent with the provisions of Title 19, Chapter 5, Water Quality Act,
406
within 540 days after the day on which the director receives the application;
407
(C) for a radioactive waste license renewal, within 365 days after the day on
408
which the director receives the application;
409
(D) for a groundwater permit renewal issued by the director for a radioactive
410
waste facility, within 365 days after the day on which the director receives the
411
application;
412
(E) for an amendment to a radioactive waste license, or a groundwater permit, that
413
allows the design and approval of a new disposal cell, within 365 days after the
414
day on which the director receives the application;
415
(F) for an amendment to a radioactive waste license, or a groundwater discharge
416
permit, for a radioactive waste facility to eliminate groundwater monitoring,
417
within 365 days after the day on which the director receives the application; and
418
(G) for a radioactive waste facility closure plan, within 365 days after the day on
419
which the director receives the application;
420
(c) toll the time periods described in Subsection [(10)(b)] (9)(b):
421
(i) while an owner or operator of a facility responds to the director's request for
422
information;
423
(ii) during a public comment period; or
424
(iii) while the federal government reviews the application; and
425
(d) require the director to prepare a detailed written explanation of the basis for the
426
director's approval or denial of an approval application.
427
Section 4. Section 59-24-102 is amended to read:
428
59-24-102 (Effective 07/01/25). Definitions.
429
As used in this chapter:
430
(1)(a) "Alternate feed material" means a natural or native material:
431
(i) mined for the extraction of its constituents or other matter from which source
432
material may be extracted in a licensed uranium or thorium mill; and
433
(ii) may be reprocessed for its source material content.
434
(b) "Alternate feed material" does not include:
435
(i) material containing hazardous waste listed under 40 C.F.R. Part 261, Subpart D;
436
(ii) natural or unprocessed ore; or
- 13 - 1st Sub. (Green) S.B. 216 02-13 17:03
437
(iii) naturally occurring radioactive materials containing greater than 15 picocuries
438
per gram of radium-226.
439
(2) "Byproduct material" is as defined in 42 U.S.C. Sec. 2014(e)(2).
440
(3) "Class A low-level radioactive waste" means radioactive waste that is classified as class
441
A waste under 10 C.F.R. 61.55.
442
(4) "Containerized class A waste" means class A low-level radioactive waste that is placed
443
in the portion of a radioactive waste facility that is licensed to receive containerized
444
class A waste.
445
(5)(a) "Generator" means the same as that term is defined in Section 19-3-102.
446
(b) "Generator" includes an affiliate, subsidiary, or successor of the generator.
447
[(5)] (6)(a) "Gross receipts" means all consideration an owner or operator of a
448
radioactive waste facility receives for the disposal of radioactive waste in the state,
449
without any deduction or expense paid or accrued related to the disposal of the
450
radioactive waste.
451
(b) "Gross receipts" do not include fees collected under Section 19-3-106 or any other
452
taxes collected for a state or federal governmental entity.
453
[(6)] (7)(a) "Processed class A waste" means waste that:
454
(i) is class A low-level radioactive waste; and
455
(ii) has been concentrated by a processor.
456
(b) "Processed class A waste" does not include containerized class A waste.
457
[(7)] (8) "Radioactive waste" means:
458
(a) alternate feed material;
459
(b) byproduct material;
460
(c) containerized class A waste;
461
(d) processed class A waste; or
462
(e) uncontainerized, unprocessed class A waste.
463
[(8)] (9) "Radioactive waste facility" or "facility" means:
464
(a) a facility licensed under Section 19-3-105; or
465
(b) a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source
466
Material.
467
[(9)] (10)(a) "Uncontainerized, unprocessed class A waste" means class A low-level
468
radioactive waste that:
469
(i) is neither containerized class A waste, nor processed class A waste; and
470
(ii) must be disposed of under rules of the Nuclear Regulatory Commission in a
- 14 - 02-13 17:03 1st Sub. (Green) S.B. 216
471
licensed low-level radioactive waste disposal facility.
472
(b) "Uncontainerized, unprocessed class A waste" does not include alternate feed
473
material.
474
Section 5. Section 59-24-103.5 is amended to read:
475
59-24-103.5 (Effective 07/01/25). Radioactive waste disposal, processing, and
476
recycling facility tax.
477
(1) [On and after July 1, 2003, there] There is imposed a tax on a radioactive waste facility,
478
or a processing or recycling facility, as provided in this chapter.
479
(2) [The] Except as provided in Subsection (3), the tax is equal to the sum of the following
480
amounts:
481
(a) 12% of the gross receipts of a radioactive waste facility derived from the disposal of
482
containerized class A waste;
483
(b) 10% of the gross receipts of a radioactive waste facility derived from the disposal of
484
processed class A waste;
485
(c) except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive
486
waste facility derived from the disposal of uncontainerized, unprocessed class A
487
waste from a governmental entity or an agent of a governmental entity:
488
(i) pursuant to a contract entered into on or after April 30, 2001;
489
(ii) pursuant to a contract substantially modified on or after April 30, 2001;
490
(iii) pursuant to a contract renewed or extended on or after April 30, 2001; or
491
(iv) not pursuant to a contract;
492
(d) except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive
493
waste facility derived from the disposal of uncontainerized, unprocessed class A
494
waste received by the facility from an entity other than a governmental entity or an
495
agent of a governmental entity;
496
(e) .5% of the gross receipts of a radioactive waste facility derived from the disposal of
497
uncontainerized, unprocessed class A waste received by the facility if the
498
uncontainerized, unprocessed class A waste does not exceed 10% of the radioactive
499
concentration limit for class A waste as defined in 10 C.F.R. Sec. 61.55;
500
(f) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
501
mixed waste, other than the mixed waste described in Subsection (2)(g), received
502
from:
503
(i) an entity other than a governmental entity or an agent of a governmental entity; or
504
(ii) a governmental entity or an agent of a governmental entity:
- 15 - 1st Sub. (Green) S.B. 216 02-13 17:03
505
(A) pursuant to a contract entered into on or after April 30, 2005;
506
(B) pursuant to a contract substantially modified on or after April 30, 2005;
507
(C) pursuant to a contract renewed or extended on or after April 30, 2005; or
508
(D) not pursuant to a contract;
509
(g) 10% of the gross receipts of a radioactive waste facility derived from the disposal of
510
mixed waste:
511
(i)(A) received from an entity other than a governmental entity or an agent of a
512
governmental entity; or
513
(B) received from a governmental entity or an agent of a governmental entity:
514
(I) pursuant to a contract entered into on or after April 30, 2005;
515
(II) pursuant to a contract substantially modified on or after April 30, 2005;
516
(III) pursuant to a contract renewed or extended on or after April 30, 2005; or
517
(IV) not pursuant to a contract; and
518
(ii) that contains a higher radionuclide concentration level than the mixed waste
519
received by any radioactive waste facility in the state before April 1, 2004;
520
(h) 10 cents per cubic foot of alternate feed material received at a radioactive waste
521
facility for disposal or reprocessing; and
522
(i) 10 cents per cubic foot of byproduct material received at a radioactive waste facility
523
for disposal.
524
(3) The tax is equal to 16.67% of the gross receipts of a radioactive waste facility derived
525
from the disposal of radioactive waste received from a generator that ships to the
526
radioactive waste facility for the first time between June 30, 2025, and June 30, 2028.
527
[(3)] (4) For purposes of the tax imposed by this section, a fraction of a cubic foot is
528
considered to be a full cubic foot.
529
[(4)] (5) Except as provided in Subsections (2)(f) and (g), the tax imposed by this section
530
does not apply to radioactive waste containing material classified as hazardous waste
531
under 40 C.F.R. Part 261.
532
Section 6. Section 59-24-103.8 is enacted to read:
533
59-24-103.8 (Effective 07/01/25). Radioactive waste facility expansion tax --
534
Payment -- Deposit of tax revenue.
535
(1) As used in this section:
536
(a) "Division" means the Division of Waste Management and Radiation Control created
537
in Section 19-1-105.
538
(b) "New licensed waste disposal volume" means the increased radioactive waste
- 16 - 02-13 17:03 1st Sub. (Green) S.B. 216
539
disposal volume capacity that a radioactive waste facility requests for approval by the
540
division in a radioactive waste facility application.
541
(c) "Radioactive waste facility application" means an application for a new radioactive
542
waste facility, or an amendment to an existing radioactive waste facility, under
543
Section 19-3-105 that requests authorization to construct a new radioactive waste
544
facility or expand the geographic site covered by an existing radioactive waste
545
facility.
546
(2) There is imposed a tax on a radioactive waste facility that submits a new radioactive
547
waste facility application to the division on or before December 31, 2025.
548
(3) The tax imposed by this section is equal to $3.45 per cubic yard of new licensed waste
549
disposal volume, up to and not exceeding 8,700,000 cubic yards of new licensed waste
550
disposal volume for a radioactive waste facility.
551
(4) The tax imposed by this section shall be paid no later than 60 days after the day on
552
which the radioactive waste facility submits a radioactive waste facility application to
553
the division.
554
(5) The commission shall deposit the tax revenue collected under this section into the Utah
555
Energy Research Fund created in Section 79-6-1002.
556
(6) Nothing in this section limits the ability of the director of the division to approve a
557
radioactive waste facility application exceeding the maximum new licensed waste
558
disposal volume described in Subsection (3).
559
Section 7. Section 59-24-104 is amended to read:
560
59-24-104 (Effective 07/01/25). Payment of tax.
561
(1) The tax imposed by Section 59-24-103.5 shall be paid by [the owner or operator of ]a
562
radioactive waste facility that receives radioactive waste for disposal or reprocessing.
563
(2) The payment shall be accompanied by the form prescribed by the commission.
564
(3) [The ] Except as otherwise provided in this chapter, the payment shall be paid quarterly
565
on or before the last day of the month next succeeding each calendar quarterly period.
566
Section 8. Section 59-24-105 is amended to read:
567
59-24-105 (Effective 07/01/25). Deposit of tax revenue.
568
(1) [ The] Except as provided in Subsection (2) and otherwise in this chapter, the
569
commission shall deposit the tax revenue collected under this chapter into the Uniform
570
School Fund.
571
(2)(a) The commission shall deposit tax revenue collected under Subsection
572
59-24-103.5(3) into the Utah Energy Research Fund created in Section 79-6-1002.
- 17 - 1st Sub. (Green) S.B. 216 02-13 17:03
573
(b) The commission may require a radioactive waste facility to share data related to
574
radioactive waste delivered by a generator to the radioactive waste facility for the
575
purposes of calculating the deposit of tax revenue as described in Subsection (2)(a).
576
Section 9. Section 63I-2-259 is amended to read:
577
63I-2-259 (Effective 05/07/25). Repeal dates: Title 59.
578
(1) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as the
579
targeted business income tax credit, is repealed December 31, 2024.
580
(2) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year as
581
the targeted business income tax credit, is repealed December 31, 2024.
582
(3) Section 59-7-624, Targeted business income tax credit, is repealed December 31, 2024.
583
(4) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed December
584
31, 2024.
585
(5) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year as
586
the targeted business income tax credit, is repealed December 31, 2024.
587
(6) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable year as
588
the targeted business income tax credit, is repealed December 31, 2024.
589
(7) Section 59-10-1112, Targeted business income tax credit, is repealed December 31,
590
2024.
591
(8) Section 59-24-103.8, Radioactive waste facility expansion tax -- Payment -- Deposit of
592
tax revenue, is repealed July 1, 2026.
593
Section 10. Effective Date.
594
(1) Except as provided in Subsection (2), this bill takes effect July 1, 2025.
595
(2) The actions affecting the following sections take effect on May 7, 2025:
596
(a) Section 19-3-105 (Effective 05/07/25);
597
(b) Section 63I-2-259 (Effective 05/07/25);
598
(c) Section 19-3-102 (Effective 05/07/25); and
599
(d) Section 19-3-104 (Effective 05/07/25).
600
Section 11. Coordinating S.B. 216 with H.B. 249.
601
If S.B. 216, Environmental Quality Amendments, and H.B. 249, Nuclear Power
602
Amendments, both pass and become law, the Legislature intends that, on July 1, 2025:
603
(1) Subsection 59-24-103.8(5), enacted in S.B. 216, be amended to read:
604
"(5) The commission shall deposit the tax revenue collected under this section into the
605
Electrical Energy Development Investment Fund created in Section 79-6-1105.";
606
(2) Subsection 59-24-105(2)(a), enacted in S.B. 216, be amended to read:
- 18 - 02-13 17:03 1st Sub. (Green) S.B. 216
607
"(2)(a) The commission shall deposit tax revenue collected under Subsection 59-24-103.5(3)
608
into the Electrical Energy Development Investment Fund created in Section 79-6-1105"; and
609
(3) Subsection 79-6-1105(2), enacted in H.B. 249, be amended to read:
610
"(2) The fund consists of:
611
(a) property tax differential revenue collected under Section 79-6-1104;
612
(b) revenue from the radioactive waste facility expansion tax collected under Section
613
59-24-103.8; and
614
(c) revenue from a tax on new generators of radioactive waste as described in Subsection
615
59-24-103.5(3).".
- 19 -