Utah 2025 Regular Session

Utah Senate Bill SB0216 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 216
	1	+	03-04 19:57 3rd Sub. (Ivory) S.B. 216
	2	+	Bridger Bolinder proposes the following substitute bill:
2	3		1
3	4		Environmental Quality Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Michael K. McKell
7	8		House Sponsor: Bridger Bolinder
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies provisions related to the licensing and taxation of radioactive waste.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ modifies the requirements for a waste facility to renew or amend a radioactive waste
24	25		10
25	26		license;
26	27		11
27	28		▸ requires the State Tax Commission to deposit into an energy-related fund the portion of
28	29		12
29	30		new tax revenue derived from a radioactive waste facility receiving radioactive waste
30	31		13
31	32		from a new generator;
32	33		14
33	34		▸ creates a radioactive waste facility expansion tax on a radioactive waste facility that
34	35		15
35	36		submits an application to the Division of Waste Management and Radiation Control to
36	37		16
37	38		construct a new radioactive waste facility or expand an existing facility;
38	39		17
39	40		▸ provides for the payment and deposit of the radioactive waste facility expansion tax;
40	41		18
41	42		▸ implements a sunset date for the radioactive waste facility expansion tax; and
42	43		19
43	44		▸ makes technical and conforming changes.
44	45		20
45	46		Money Appropriated in this Bill:
46	47		21
47	48		None
48	49		22
49	50		Other Special Clauses:
50	51		23
51	52		This bill provides a special effective date.
52	53		24
53		-	This bill provides coordination ~~clauses~~.
	54	+	This bill provides a coordination clause.
54	55		25
55	56		Utah Code Sections Affected:
56	57		26
57	58		AMENDS:
58	59		27
59		-	19-3-102 (Effective 05/07/25), as last amended by Laws of Utah 2017, Chapter 360 ~~S.B. 216 Enrolled Copy~~
	60	+	19-3-102 (Effective 05/07/25), as last amended by Laws of Utah 2017, Chapter 360
60	61		28
61	62		19-3-105 (Effective 05/07/25), as last amended by Laws of Utah 2018, Chapter 281
	63	+	3rd Sub. S.B. 216 3rd Sub. (Ivory) S.B. 216 03-04 19:57
62	64		29
63	65		59-24-102 (Effective 07/01/25), as last amended by Laws of Utah 2003, Chapter 295
64	66		30
65	67		59-24-103.5 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 192
66	68		31
67	69		59-24-104 (Effective 07/01/25), as last amended by Laws of Utah 2019, Chapter 466
68	70		32
69	71		59-24-105 (Effective 07/01/25), as last amended by Laws of Utah 2003, Chapter 295
70	72		33
71	73		63I-2-259 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
72	74		34
73	75		Session, Chapter 5
74	76		35
75	77		ENACTS:
76	78		36
77	79		59-24-103.8 (Effective 07/01/25), Utah Code Annotated 1953
78	80		37
79	81		Utah Code Sections affected by Coordination Clause:
80	82		38
81		-	~~59-24-103.8, Utah Code Annotated 1953~~
	83	+
82	84		39
83		-	~~59-24-105, as last amended~~ by ~~Laws~~ of Utah ~~2003, Chapter 295~~
	85	+	Be it enacted by the Legislature of the state of Utah:
84	86		40
85		-
	87	+	Section 1. Section 19-3-102 is amended to read:
86	88		41
87		-	~~Be it enacted by the Legislature of the state of Utah:~~
	89	+	19-3-102 (Effective 05/07/25). Definitions.
88	90		42
89		-	~~Section 1. Section 19-3-102 is amended to read~~:
	91	+	As used in this chapter:
90	92		43
91		-	~~19-3-102 (Effective~~ ~~05/07/25). Definitions.~~
	93	+	(1) "Board" means the Waste Management and Radiation Control Board created under
92	94		44
	95	+	Section 19-1-106.
	96	+	45
	97	+	(2)(a) "Broker" means a person who performs one or more of the following functions for
	98	+	46
	99	+	a generator:
	100	+	47
	101	+	(i) arranges for transportation of the radioactive waste;
	102	+	48
	103	+	(ii) collects or consolidates shipments of radioactive waste; or
	104	+	49
	105	+	(iii) processes radioactive waste in some manner.
	106	+	50
	107	+	(b) "Broker" does not include a carrier whose sole function is to transport the radioactive
	108	+	51
	109	+	waste.
	110	+	52
	111	+	(3) "Byproduct material" means the same as that term is defined in 42 U.S.C. Sec.
	112	+	53
	113	+	2014(e)(2).
	114	+	54
	115	+	(4) "Class B and class C low-level radioactive waste" means the same as that term is
	116	+	55
	117	+	defined in 10 C.F.R. Sec. 61.55.
	118	+	56
	119	+	(5) "Director" means the director of the Division of Waste Management and Radiation
	120	+	57
	121	+	Control.
	122	+	58
	123	+	(6) "Division" means the Division of Waste Management and Radiation Control, created in
	124	+	59
	125	+	Subsection 19-1-105(1)(d).
	126	+	60
	127	+	(7) "Generator" means a person who:
	128	+	61
	129	+	(a) possesses any material or component:
	130	+	62
	131	+	(i) that contains radioactivity or is radioactively contaminated; and
	132	+	- 2 - 03-04 19:57 3rd Sub. (Ivory) S.B. 216
	133	+	63
	134	+	(ii) for which the person foresees no further use; and
	135	+	64
	136	+	(b) transfers the material or component to:
	137	+	65
	138	+	(i) a commercial radioactive waste treatment or disposal facility; or
	139	+	66
	140	+	(ii) a broker.
	141	+	67
	142	+	(8) "Hazardous waste corridor" means an area of land within a county that the legislative
	143	+	68
	144	+	body of the county:
	145	+	69
	146	+	(a) designates for the siting of a radioactive waste facility; and
	147	+	70
	148	+	(b) restricts from all residential use or development.
	149	+	71
	150	+	[(8)] (9)(a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
	151	+	72
	152	+	nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
	153	+	73
	154	+	defense-related wastes.
	155	+	74
	156	+	(b) "High-level nuclear waste" does not include medical or institutional wastes, naturally
	157	+	75
	158	+	occurring radioactive materials, or uranium mill tailings.
	159	+	76
	160	+	[(9)] (10)(a) "Low-level radioactive waste" means waste material that contains
	161	+	77
	162	+	radioactive nuclides emitting primarily beta or gamma radiation, or both, in
	163	+	78
	164	+	concentrations or quantities that exceed applicable federal or state standards for
	165	+	79
	166	+	unrestricted release.
	167	+	80
	168	+	(b) "Low-level radioactive waste" does not include waste containing more than 100
	169	+	81
	170	+	nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel,
	171	+	82
	172	+	nor material classified as either high-level waste or waste which is unsuited for
	173	+	83
	174	+	disposal by near-surface burial under any applicable federal regulations.
	175	+	84
	176	+	[(10)] (11) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
	177	+	85
	178	+	X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
	179	+	86
	180	+	[(11)] (12) "Radioactive" means any solid, liquid, or gas which emits radiation
	181	+	87
	182	+	spontaneously from decay of unstable nuclei.
	183	+	88
	184	+	[(12)] (13) "Unlicensed facility" means a structure, road, or property:
	185	+	89
	186	+	(a) adjacent to, but outside of, a licensed or permitted area; and
	187	+	90
	188	+	(b) that is not used for waste disposal or waste management.
	189	+	91
	190	+	Section 2. Section 19-3-105 is amended to read:
	191	+	92
	192	+	19-3-105 (Effective 05/07/25). Definitions -- Legislative and gubernatorial
	193	+	93
	194	+	approval required for radioactive waste license -- Exceptions -- Application for new,
	195	+	94
	196	+	renewed, or amended license.
	197	+	95
	198	+	(1) As used in this section:
	199	+	96
	200	+	(a) "Alternate feed material" has the same definition as provided in Section 59-24-102.
	201	+	- 3 - 3rd Sub. (Ivory) S.B. 216 03-04 19:57
	202	+	97
	203	+	(b) "Approval application" means an application by a radioactive waste facility regulated
	204	+	98
	205	+	under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license,
	206	+	99
	207	+	registration, certification, or other authorization.
	208	+	100
	209	+	(c)(i) "Class A low-level radioactive waste" means:
	210	+	101
	211	+	(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
	212	+	102
	213	+	(B) radium-226 up to a maximum radionuclide concentration level of 10,000
	214	+	103
	215	+	picocuries per gram.
	216	+	104
	217	+	(ii) "Class A low-level radioactive waste" does not include:
	218	+	105
	219	+	(A) uranium mill tailings;
	220	+	106
	221	+	(B) naturally occurring radioactive materials; or
	222	+	107
	223	+	(C) the following radionuclides if classified as "special nuclear material" under the
	224	+	108
	225	+	Atomic Energy Act of 1954, 42 U.S.C. 2014:
	226	+	109
	227	+	(I) uranium-233; and
	228	+	110
	229	+	(II) uranium-235 with a radionuclide concentration level greater than the
	230	+	111
	231	+	concentration limits for specific conditions and enrichments established by
	232	+	112
	233	+	an order of the Nuclear Regulatory Commission:
	234	+	113
	235	+	(Aa) to ensure criticality safety for a radioactive waste facility in the state;
	236	+	114
	237	+	and
	238	+	115
	239	+	(Bb) in response to a request, submitted prior to January 1, 2004, from a
	240	+	116
	241	+	radioactive waste facility in the state to the Nuclear Regulatory
	242	+	117
	243	+	Commission to amend the facility's special nuclear material exemption
	244	+	118
	245	+	order.
	246	+	119
	247	+	(d)(i) "Radioactive waste facility" or "facility" means a facility that decays
	248	+	120
	249	+	radioactive waste in storage, treats radioactive waste, or disposes of radioactive
	250	+	121
	251	+	waste:
	252	+	122
	253	+	(A) commercially for profit; or
	254	+	123
	255	+	(B) generated at locations other than the radioactive waste facility.
	256	+	124
	257	+	(ii) "Radioactive waste facility" does not include a facility that receives:
	258	+	125
	259	+	(A) alternate feed material for reprocessing; or
	260	+	126
	261	+	(B) radioactive waste from a location in the state designated as a processing site
	262	+	127
	263	+	under 42 U.S.C. 7912(f).
	264	+	128
	265	+	(e) "Radioactive waste license" or "license" means a radioactive material license issued
	266	+	129
	267	+	by the director to own, construct, modify, or operate a radioactive waste facility.
	268	+	130
	269	+	(2) The provisions of this section are subject to the prohibition under Section 19-3-103.7.
	270	+	- 4 - 03-04 19:57 3rd Sub. (Ivory) S.B. 216
	271	+	131
	272	+	(3) Subject to Subsection (8), a person may not own, construct, modify, or operate a
	273	+	132
	274	+	radioactive waste facility without:
	275	+	133
	276	+	(a) having received a radioactive waste license for the facility;
	277	+	134
	278	+	(b) meeting the requirements established by rule under Section 19-3-104;
	279	+	135
	280	+	(c) the approval of the governing body of the municipality or county responsible for
	281	+	136
	282	+	local planning and zoning where the radioactive waste is or will be located; and
	283	+	137
	284	+	(d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
	285	+	138
	286	+	approval of the governor and the Legislature.
	287	+	139
	288	+	(4) Subject to Subsection (8), a new radioactive waste license application, or an application
	289	+	140
	290	+	to renew or amend an existing radioactive waste license, is subject to the requirements
	291	+	141
	292	+	of Subsections (3)(b) through (d) if the application, renewal, or amendment:
	293	+	142
	294	+	(a) specifies a different geographic site than a previously submitted application;
	295	+	143
	296	+	(b) would cost 50% or more of the cost of construction of the original radioactive waste
	297	+	144
	298	+	facility or the modification would result in an increase in capacity or throughput of a
	299	+	145
	300	+	cumulative total of 50% of the total capacity or throughput which was approved in
	301	+	146
	302	+	the facility license as of January 1, 1990, or the initial approval facility license if the
	303	+	147
	304	+	initial license approval is subsequent to January 1, 1990; or
	305	+	148
	306	+	(c) requests approval to decay radioactive waste in storage, treat radioactive waste, or
	307	+	149
	308	+	dispose of radioactive waste having a higher radionuclide concentration limit than
	309	+	150
	310	+	allowed, under an existing approved license held by the facility, for the specific type
	311	+	151
	312	+	of waste to be decayed in storage, treated, or disposed of.
	313	+	152
	314	+	(5) The requirements of Subsection (4)(c) do not apply to an application to renew or amend
	315	+	153
	316	+	an existing radioactive waste license if:
	317	+	154
	318	+	(a) the radioactive waste facility requesting the renewal or amendment has received a
	319	+	155
	320	+	license prior to January 1, 2004; and
	321	+	156
	322	+	(b) the application to renew or amend its license is limited to a request to approve the
	323	+	157
	324	+	receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
	325	+	158
	326	+	radioactive waste.
	327	+	159
	328	+	(6) A radioactive waste facility that receives a new radioactive waste license after May 3,
	329	+	160
	330	+	2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
	331	+	161
	332	+	application, renewal, or amendment that requests approval to decay radioactive waste in
	333	+	162
	334	+	storage, treat radioactive waste, or dispose of radioactive waste not previously approved
	335	+	163
	336	+	under an existing license held by the facility.
	337	+	164
	338	+	(7) If the board finds that approval of additional radioactive waste license applications,
	339	+	- 5 - 3rd Sub. (Ivory) S.B. 216 03-04 19:57
	340	+	165
	341	+	renewals, or amendments will result in inadequate oversight, monitoring, or licensure
	342	+	166
	343	+	compliance and enforcement of existing and any additional radioactive waste facilities,
	344	+	167
	345	+	the board shall suspend acceptance of further applications for radioactive waste licenses.
	346	+	168
	347	+	The board shall report the suspension to the Legislative Management Committee.
	348	+	169
	349	+	(8) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104(10) do not
	350	+	170
	351	+	apply to:
	352	+	171
	353	+	(a) a radioactive waste license[ that is] in effect on December 31, 2006, including all
	354	+	172
	355	+	amendments to the license [that have taken effect as of December 31, 2006] thereafter;
	356	+	173
	357	+	(b) a license application for a facility in existence as of December 31, 2006, unless the
	358	+	174
	359	+	license application includes an area beyond the facility boundary approved in the
	360	+	175
	361	+	license described in Subsection (8)(a); or
	362	+	176
	363	+	(c) an application to renew or amend a license described in Subsection (8)(a), [unless] if
	364	+	177
	365	+	the renewal or amendment includes an area[ beyond] :
	366	+	178
	367	+	(i) within the facility boundary approved in the license described in Subsection (8)(a)[.] ;
	368	+	179
	369	+	or
	370	+	180
	371	+	(ii) within a hazardous waste corridor.
	372	+	181
	373	+	(9)(a) The director shall review an approval application to determine whether the
	374	+	182
	375	+	application complies with the requirements of this chapter and the rules of the board.
	376	+	183
	377	+	(b) Within 60 days after the day on which the director receives an approval application
	378	+	184
	379	+	described in Subsection (10)(a)(ii) or (iii), the director shall:
	380	+	185
	381	+	(i) determine whether the application is complete and contains all the information
	382	+	186
	383	+	necessary to process the application for approval; and
	384	+	187
	385	+	(ii)(A) issue a notice of completeness to the applicant; or
	386	+	188
	387	+	(B) issue a notice of deficiency to the applicant and list the additional information
	388	+	189
	389	+	necessary to complete the application.
	390	+	190
	391	+	(c) The director shall review information submitted in response to a notice of deficiency
	392	+	191
	393	+	within 30 days after the day on which the director receives the information.
	394	+	192
	395	+	(10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
	396	+	193
	397	+	Administrative Rulemaking Act, to:
	398	+	194
	399	+	(a) categorize approval applications as follows:
	400	+	195
	401	+	(i) approval applications that:
	402	+	196
	403	+	(A) are administrative in nature;
	404	+	197
	405	+	(B) require limited scrutiny by the director; and
	406	+	198
	407	+	(C) do not require public input;
	408	+	- 6 - 03-04 19:57 3rd Sub. (Ivory) S.B. 216
	409	+	199
	410	+	(ii) approval applications that:
	411	+	200
	412	+	(A) require substantial scrutiny by the director;
	413	+	201
	414	+	(B) require public input; and
	415	+	202
	416	+	(C) are not described in Subsection (10)(a)(iii); and
	417	+	203
	418	+	(iii) approval applications for:
	419	+	204
	420	+	(A) the granting or renewal of a radioactive waste license;
	421	+	205
	422	+	(B) the granting or renewal of a groundwater permit issued by the director for a
	423	+	206
	424	+	radioactive waste facility;
	425	+	207
	426	+	(C) an amendment to a radioactive waste license, or a groundwater permit, that
	427	+	208
	428	+	allows the design and approval of a new disposal cell;
	429	+	209
	430	+	(D) an amendment to a radioactive waste license or groundwater discharge permit
	431	+	210
	432	+	for a radioactive waste facility to eliminate groundwater monitoring; and
	433	+	211
	434	+	(E) a radioactive waste facility closure plan;
	435	+	212
	436	+	(b) provide time periods for the director to review, and approve or deny, an application
	437	+	213
	438	+	described in Subsection (10)(a) as follows:
	439	+	214
	440	+	(i) for applications categorized under Subsection (10)(a)(i), within 30 days after the
	441	+	215
	442	+	day on which the director receives the application; and
	443	+	216
	444	+	(ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after
	445	+	217
	446	+	the day on which the director receives the application;
	447	+	218
	448	+	(iii) for applications categorized under Subsection (10)(a)(iii), as follows:
	449	+	219
	450	+	(A) for a new radioactive waste license, within 540 days after the day on which
	451	+	220
	452	+	the director receives the application;
	453	+	221
	454	+	(B) for a new groundwater permit issued by the director for a radioactive waste
	455	+	222
	456	+	facility consistent with the provisions of Title 19, Chapter 5, Water Quality Act,
	457	+	223
	458	+	within 540 days after the day on which the director receives the application;
	459	+	224
	460	+	(C) for a radioactive waste license renewal, within 365 days after the day on
	461	+	225
	462	+	which the director receives the application;
	463	+	226
	464	+	(D) for a groundwater permit renewal issued by the director for a radioactive
	465	+	227
	466	+	waste facility, within 365 days after the day on which the director receives the
	467	+	228
	468	+	application;
	469	+	229
	470	+	(E) for an amendment to a radioactive waste license, or a groundwater permit, that
	471	+	230
	472	+	allows the design and approval of a new disposal cell, within 365 days after the
	473	+	231
	474	+	day on which the director receives the application;
	475	+	232
	476	+	(F) for an amendment to a radioactive waste license, or a groundwater discharge
	477	+	- 7 - 3rd Sub. (Ivory) S.B. 216 03-04 19:57
	478	+	233
	479	+	permit, for a radioactive waste facility to eliminate groundwater monitoring,
	480	+	234
	481	+	within 365 days after the day on which the director receives the application; and
	482	+	235
	483	+	(G) for a radioactive waste facility closure plan, within 365 days after the day on
	484	+	236
	485	+	which the director receives the application;
	486	+	237
	487	+	(c) toll the time periods described in Subsection (10)(b):
	488	+	238
	489	+	(i) while an owner or operator of a facility responds to the director's request for
	490	+	239
	491	+	information;
	492	+	240
	493	+	(ii) during a public comment period; or
	494	+	241
	495	+	(iii) while the federal government reviews the application; and
	496	+	242
	497	+	(d) require the director to prepare a detailed written explanation of the basis for the
	498	+	243
	499	+	director's approval or denial of an approval application.
	500	+	244
	501	+	Section 3. Section 59-24-102 is amended to read:
	502	+	245
	503	+	59-24-102 (Effective 07/01/25). Definitions.
	504	+	246
93	505		As used in this chapter:
94		-	45
95		-	(1) "Board" means the Waste Management and Radiation Control Board created under
96		-	46
97		-	Section 19-1-106.
98		-	47
99		-	(2)(a) "Broker" means a person who performs one or more of the following functions for
100		-	48
101		-	a generator:
102		-	49
103		-	(i) arranges for transportation of the radioactive waste;
104		-	50
105		-	(ii) collects or consolidates shipments of radioactive waste; or
106		-	51
107		-	(iii) processes radioactive waste in some manner.
108		-	52
109		-	(b) "Broker" does not include a carrier whose sole function is to transport the radioactive
110		-	53
111		-	waste.
112		-	54
113		-	(3) "Byproduct material" means the same as that term is defined in 42 U.S.C. Sec.
114		-	55
115		-	2014(e)(2).
116		-	56
117		-	(4) "Class B and class C low-level radioactive waste" means the same as that term is
118		-	57
119		-	defined in 10 C.F.R. Sec. 61.55.
120		-	58
121		-	(5) "Director" means the director of the Division of Waste Management and Radiation
122		-	59
123		-	Control.
124		-	60
125		-	(6) "Division" means the Division of Waste Management and Radiation Control, created in
126		-	61
127		-	Subsection 19-1-105(1)(d).
128		-	- 2 - Enrolled Copy S.B. 216
129		-	62
130		-	(7) "Generator" means a person who:
131		-	63
132		-	(a) possesses any material or component:
133		-	64
134		-	(i) that contains radioactivity or is radioactively contaminated; and
135		-	65
136		-	(ii) for which the person foresees no further use; and
137		-	66
138		-	(b) transfers the material or component to:
139		-	67
140		-	(i) a commercial radioactive waste treatment or disposal facility; or
141		-	68
142		-	(ii) a broker.
143		-	69
144		-	(8) "Hazardous waste corridor" means an area of land within a county that the legislative
145		-	70
146		-	body of the county:
147		-	71
148		-	(a) designates for the siting of a radioactive waste facility; and
149		-	72
150		-	(b) restricts from all residential use or development.
151		-	73
152		-	[(8)] (9)(a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
153		-	74
154		-	nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
155		-	75
156		-	defense-related wastes.
157		-	76
158		-	(b) "High-level nuclear waste" does not include medical or institutional wastes, naturally
159		-	77
160		-	occurring radioactive materials, or uranium mill tailings.
161		-	78
162		-	[(9)] (10)(a) "Low-level radioactive waste" means waste material that contains
163		-	79
164		-	radioactive nuclides emitting primarily beta or gamma radiation, or both, in
165		-	80
166		-	concentrations or quantities that exceed applicable federal or state standards for
167		-	81
168		-	unrestricted release.
169		-	82
170		-	(b) "Low-level radioactive waste" does not include waste containing more than 100
171		-	83
172		-	nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel,
173		-	84
174		-	nor material classified as either high-level waste or waste which is unsuited for
175		-	85
176		-	disposal by near-surface burial under any applicable federal regulations.
177		-	86
178		-	[(10)] (11) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
179		-	87
180		-	X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
181		-	88
182		-	[(11)] (12) "Radioactive" means any solid, liquid, or gas which emits radiation
183		-	89
184		-	spontaneously from decay of unstable nuclei.
185		-	90
186		-	[(12)] (13) "Unlicensed facility" means a structure, road, or property:
187		-	91
188		-	(a) adjacent to, but outside of, a licensed or permitted area; and
189		-	92
190		-	(b) that is not used for waste disposal or waste management.
191		-	93
192		-	Section 2. Section 19-3-105 is amended to read:
193		-	94
194		-	19-3-105 (Effective 05/07/25). Definitions -- Legislative and gubernatorial
195		-	95
196		-	approval required for radioactive waste license -- Exceptions -- Application for new,
197		-	- 3 - S.B. 216 Enrolled Copy
198		-	96
199		-	renewed, or amended license.
200		-	97
	506	+	247
	507	+	(1)(a) "Alternate feed material" means a natural or native material:
	508	+	248
	509	+	(i) mined for the extraction of its constituents or other matter from which source
	510	+	249
	511	+	material may be extracted in a licensed uranium or thorium mill; and
	512	+	250
	513	+	(ii) may be reprocessed for its source material content.
	514	+	251
	515	+	(b) "Alternate feed material" does not include:
	516	+	252
	517	+	(i) material containing hazardous waste listed under 40 C.F.R. Part 261, Subpart D;
	518	+	253
	519	+	(ii) natural or unprocessed ore; or
	520	+	254
	521	+	(iii) naturally occurring radioactive materials containing greater than 15 picocuries
	522	+	255
	523	+	per gram of radium-226.
	524	+	256
	525	+	(2) "Byproduct material" is as defined in 42 U.S.C. Sec. 2014(e)(2).
	526	+	257
	527	+	(3) "Class A low-level radioactive waste" means radioactive waste that is classified as class
	528	+	258
	529	+	A waste under 10 C.F.R. 61.55.
	530	+	259
	531	+	(4) "Containerized class A waste" means class A low-level radioactive waste that is placed
	532	+	260
	533	+	in the portion of a radioactive waste facility that is licensed to receive containerized
	534	+	261
	535	+	class A waste.
	536	+	262
	537	+	(5)(a) "Generator" means the same as that term is defined in Section 19-3-102.
	538	+	263
	539	+	(b) "Generator" includes an affiliate, subsidiary, or successor of the generator.
	540	+	264
	541	+	[(5)] (6)(a) "Gross receipts" means all consideration an owner or operator of a
	542	+	265
	543	+	radioactive waste facility receives for the disposal of radioactive waste in the state,
	544	+	266
	545	+	without any deduction or expense paid or accrued related to the disposal of the
	546	+	- 8 - 03-04 19:57 3rd Sub. (Ivory) S.B. 216
	547	+	267
	548	+	radioactive waste.
	549	+	268
	550	+	(b) "Gross receipts" do not include fees collected under Section 19-3-106 or any other
	551	+	269
	552	+	taxes collected for a state or federal governmental entity.
	553	+	270
	554	+	[(6)] (7)(a) "Processed class A waste" means waste that:
	555	+	271
	556	+	(i) is class A low-level radioactive waste; and
	557	+	272
	558	+	(ii) has been concentrated by a processor.
	559	+	273
	560	+	(b) "Processed class A waste" does not include containerized class A waste.
	561	+	274
	562	+	[(7)] (8) "Radioactive waste" means:
	563	+	275
	564	+	(a) alternate feed material;
	565	+	276
	566	+	(b) byproduct material;
	567	+	277
	568	+	(c) containerized class A waste;
	569	+	278
	570	+	(d) processed class A waste; or
	571	+	279
	572	+	(e) uncontainerized, unprocessed class A waste.
	573	+	280
	574	+	[(8)] (9) "Radioactive waste facility" or "facility" means:
	575	+	281
	576	+	(a) a facility licensed under Section 19-3-105; or
	577	+	282
	578	+	(b) a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source
	579	+	283
	580	+	Material.
	581	+	284
	582	+	[(9)] (10)(a) "Uncontainerized, unprocessed class A waste" means class A low-level
	583	+	285
	584	+	radioactive waste that:
	585	+	286
	586	+	(i) is neither containerized class A waste, nor processed class A waste; and
	587	+	287
	588	+	(ii) must be disposed of under rules of the Nuclear Regulatory Commission in a
	589	+	288
	590	+	licensed low-level radioactive waste disposal facility.
	591	+	289
	592	+	(b) "Uncontainerized, unprocessed class A waste" does not include alternate feed
	593	+	290
	594	+	material.
	595	+	291
	596	+	Section 4. Section 59-24-103.5 is amended to read:
	597	+	292
	598	+	59-24-103.5 (Effective 07/01/25). Radioactive waste disposal, processing, and
	599	+	293
	600	+	recycling facility tax.
	601	+	294
	602	+	(1) [On and after July 1, 2003, there] There is imposed a tax on a radioactive waste facility,
	603	+	295
	604	+	or a processing or recycling facility, as provided in this chapter.
	605	+	296
	606	+	(2) [The] Except as provided in Subsection (3), the tax is equal to the sum of the following
	607	+	297
	608	+	amounts:
	609	+	298
	610	+	(a) 12% of the gross receipts of a radioactive waste facility derived from the disposal of
	611	+	299
	612	+	containerized class A waste;
	613	+	300
	614	+	(b) 10% of the gross receipts of a radioactive waste facility derived from the disposal of
	615	+	- 9 - 3rd Sub. (Ivory) S.B. 216 03-04 19:57
	616	+	301
	617	+	processed class A waste;
	618	+	302
	619	+	(c) except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive
	620	+	303
	621	+	waste facility derived from the disposal of uncontainerized, unprocessed class A
	622	+	304
	623	+	waste from a governmental entity or an agent of a governmental entity:
	624	+	305
	625	+	(i) pursuant to a contract entered into on or after April 30, 2001;
	626	+	306
	627	+	(ii) pursuant to a contract substantially modified on or after April 30, 2001;
	628	+	307
	629	+	(iii) pursuant to a contract renewed or extended on or after April 30, 2001; or
	630	+	308
	631	+	(iv) not pursuant to a contract;
	632	+	309
	633	+	(d) except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive
	634	+	310
	635	+	waste facility derived from the disposal of uncontainerized, unprocessed class A
	636	+	311
	637	+	waste received by the facility from an entity other than a governmental entity or an
	638	+	312
	639	+	agent of a governmental entity;
	640	+	313
	641	+	(e) .5% of the gross receipts of a radioactive waste facility derived from the disposal of
	642	+	314
	643	+	uncontainerized, unprocessed class A waste received by the facility if the
	644	+	315
	645	+	uncontainerized, unprocessed class A waste does not exceed 10% of the radioactive
	646	+	316
	647	+	concentration limit for class A waste as defined in 10 C.F.R. Sec. 61.55;
	648	+	317
	649	+	(f) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
	650	+	318
	651	+	mixed waste, other than the mixed waste described in Subsection (2)(g), received
	652	+	319
	653	+	from:
	654	+	320
	655	+	(i) an entity other than a governmental entity or an agent of a governmental entity; or
	656	+	321
	657	+	(ii) a governmental entity or an agent of a governmental entity:
	658	+	322
	659	+	(A) pursuant to a contract entered into on or after April 30, 2005;
	660	+	323
	661	+	(B) pursuant to a contract substantially modified on or after April 30, 2005;
	662	+	324
	663	+	(C) pursuant to a contract renewed or extended on or after April 30, 2005; or
	664	+	325
	665	+	(D) not pursuant to a contract;
	666	+	326
	667	+	(g) 10% of the gross receipts of a radioactive waste facility derived from the disposal of
	668	+	327
	669	+	mixed waste:
	670	+	328
	671	+	(i)(A) received from an entity other than a governmental entity or an agent of a
	672	+	329
	673	+	governmental entity; or
	674	+	330
	675	+	(B) received from a governmental entity or an agent of a governmental entity:
	676	+	331
	677	+	(I) pursuant to a contract entered into on or after April 30, 2005;
	678	+	332
	679	+	(II) pursuant to a contract substantially modified on or after April 30, 2005;
	680	+	333
	681	+	(III) pursuant to a contract renewed or extended on or after April 30, 2005; or
	682	+	334
	683	+	(IV) not pursuant to a contract; and
	684	+	- 10 - 03-04 19:57 3rd Sub. (Ivory) S.B. 216
	685	+	335
	686	+	(ii) that contains a higher radionuclide concentration level than the mixed waste
	687	+	336
	688	+	received by any radioactive waste facility in the state before April 1, 2004;
	689	+	337
	690	+	(h) 10 cents per cubic foot of alternate feed material received at a radioactive waste
	691	+	338
	692	+	facility for disposal or reprocessing; and
	693	+	339
	694	+	(i) 10 cents per cubic foot of byproduct material received at a radioactive waste facility
	695	+	340
	696	+	for disposal.
	697	+	341
	698	+	(3) The tax is equal to 16.67% of the gross receipts of a radioactive waste facility derived
	699	+	342
	700	+	from the disposal of radioactive waste received from a generator that ships to the
	701	+	343
	702	+	radioactive waste facility for the first time between June 30, 2025, and June 30, 2028.
	703	+	344
	704	+	[(3)] (4) For purposes of the tax imposed by this section, a fraction of a cubic foot is
	705	+	345
	706	+	considered to be a full cubic foot.
	707	+	346
	708	+	[(4)] (5) Except as provided in Subsections (2)(f) and (g), the tax imposed by this section
	709	+	347
	710	+	does not apply to radioactive waste containing material classified as hazardous waste
	711	+	348
	712	+	under 40 C.F.R. Part 261.
	713	+	349
	714	+	Section 5. Section 59-24-103.8 is enacted to read:
	715	+	350
	716	+	59-24-103.8 (Effective 07/01/25). Radioactive waste facility expansion tax --
	717	+	351
	718	+	Payment -- Deposit of tax revenue.
	719	+	352
201	720		(1) As used in this section:
202		-	98
203		-	(a) "Alternate feed material" has the same definition as provided in Section 59-24-102.
204		-	99
205		-	(b) "Approval application" means an application by a radioactive waste facility regulated
206		-	100
207		-	under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license,
208		-	101
209		-	registration, certification, or other authorization.
210		-	102
211		-	(c)(i) "Class A low-level radioactive waste" means:
212		-	103
213		-	(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
214		-	104
215		-	(B) radium-226 up to a maximum radionuclide concentration level of 10,000
216		-	105
217		-	picocuries per gram.
218		-	106
219		-	(ii) "Class A low-level radioactive waste" does not include:
220		-	107
221		-	(A) uranium mill tailings;
222		-	108
223		-	(B) naturally occurring radioactive materials; or
224		-	109
225		-	(C) the following radionuclides if classified as "special nuclear material" under the
226		-	110
227		-	Atomic Energy Act of 1954, 42 U.S.C. 2014:
228		-	111
229		-	(I) uranium-233; and
230		-	112
231		-	(II) uranium-235 with a radionuclide concentration level greater than the
232		-	113
233		-	concentration limits for specific conditions and enrichments established by
234		-	114
235		-	an order of the Nuclear Regulatory Commission:
236		-	115
237		-	(Aa) to ensure criticality safety for a radioactive waste facility in the state;
238		-	116
239		-	and
240		-	117
241		-	(Bb) in response to a request, submitted prior to January 1, 2004, from a
242		-	118
243		-	radioactive waste facility in the state to the Nuclear Regulatory
244		-	119
245		-	Commission to amend the facility's special nuclear material exemption
246		-	120
247		-	order.
248		-	121
249		-	(d)(i) "Radioactive waste facility" or "facility" means a facility that decays
250		-	122
251		-	radioactive waste in storage, treats radioactive waste, or disposes of radioactive
252		-	123
253		-	waste:
254		-	124
255		-	(A) commercially for profit; or
256		-	125
257		-	(B) generated at locations other than the radioactive waste facility.
258		-	126
259		-	(ii) "Radioactive waste facility" does not include a facility that receives:
260		-	127
261		-	(A) alternate feed material for reprocessing; or
262		-	128
263		-	(B) radioactive waste from a location in the state designated as a processing site
264		-	129
265		-	under 42 U.S.C. 7912(f).
266		-	- 4 - Enrolled Copy S.B. 216
267		-	130
268		-	(e) "Radioactive waste license" or "license" means a radioactive material license issued
269		-	131
270		-	by the director to own, construct, modify, or operate a radioactive waste facility.
271		-	132
272		-	(2) The provisions of this section are subject to the prohibition under Section 19-3-103.7.
273		-	133
274		-	(3) Subject to Subsection (8), a person may not own, construct, modify, or operate a
275		-	134
276		-	radioactive waste facility without:
277		-	135
278		-	(a) having received a radioactive waste license for the facility;
279		-	136
280		-	(b) meeting the requirements established by rule under Section 19-3-104;
281		-	137
282		-	(c) the approval of the governing body of the municipality or county responsible for
283		-	138
284		-	local planning and zoning where the radioactive waste is or will be located; and
285		-	139
286		-	(d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
287		-	140
288		-	approval of the governor and the Legislature.
289		-	141
290		-	(4) Subject to Subsection (8), a new radioactive waste license application, or an application
291		-	142
292		-	to renew or amend an existing radioactive waste license, is subject to the requirements
293		-	143
294		-	of Subsections (3)(b) through (d) if the application, renewal, or amendment:
295		-	144
296		-	(a) specifies a different geographic site than a previously submitted application;
297		-	145
298		-	(b) would cost 50% or more of the cost of construction of the original radioactive waste
299		-	146
300		-	facility or the modification would result in an increase in capacity or throughput of a
301		-	147
302		-	cumulative total of 50% of the total capacity or throughput which was approved in
303		-	148
304		-	the facility license as of January 1, 1990, or the initial approval facility license if the
305		-	149
306		-	initial license approval is subsequent to January 1, 1990; or
307		-	150
308		-	(c) requests approval to decay radioactive waste in storage, treat radioactive waste, or
309		-	151
310		-	dispose of radioactive waste having a higher radionuclide concentration limit than
311		-	152
312		-	allowed, under an existing approved license held by the facility, for the specific type
313		-	153
314		-	of waste to be decayed in storage, treated, or disposed of.
315		-	154
316		-	(5) The requirements of Subsection (4)(c) do not apply to an application to renew or amend
317		-	155
318		-	an existing radioactive waste license if:
319		-	156
320		-	(a) the radioactive waste facility requesting the renewal or amendment has received a
321		-	157
322		-	license prior to January 1, 2004; and
323		-	158
324		-	(b) the application to renew or amend its license is limited to a request to approve the
325		-	159
326		-	receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
327		-	160
328		-	radioactive waste.
329		-	161
330		-	(6) A radioactive waste facility that receives a new radioactive waste license after May 3,
331		-	162
332		-	2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
333		-	163
334		-	application, renewal, or amendment that requests approval to decay radioactive waste in
335		-	- 5 - S.B. 216 Enrolled Copy
336		-	164
337		-	storage, treat radioactive waste, or dispose of radioactive waste not previously approved
338		-	165
339		-	under an existing license held by the facility.
340		-	166
341		-	(7) If the board finds that approval of additional radioactive waste license applications,
342		-	167
343		-	renewals, or amendments will result in inadequate oversight, monitoring, or licensure
344		-	168
345		-	compliance and enforcement of existing and any additional radioactive waste facilities,
346		-	169
347		-	the board shall suspend acceptance of further applications for radioactive waste licenses.
348		-	170
349		-	The board shall report the suspension to the Legislative Management Committee.
350		-	171
351		-	(8) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104(10) do not
352		-	172
353		-	apply to:
354		-	173
355		-	(a) a radioactive waste license[ that is] in effect on December 31, 2006, including all
356		-	174
357		-	amendments to the license [that have taken effect as of December 31, 2006] thereafter;
358		-	175
359		-	(b) a license application for a facility in existence as of December 31, 2006, unless the
360		-	176
361		-	license application includes an area beyond the facility boundary approved in the
362		-	177
363		-	license described in Subsection (8)(a); or
364		-	178
365		-	(c) an application to renew or amend a license described in Subsection (8)(a), [unless] if
366		-	179
367		-	the renewal or amendment includes an area[ beyond] :
368		-	180
369		-	(i) within the facility boundary approved in the license described in Subsection (8)(a)[.] ;
370		-	181
371		-	or
372		-	182
373		-	(ii) within a hazardous waste corridor.
374		-	183
375		-	(9)(a) The director shall review an approval application to determine whether the
376		-	184
377		-	application complies with the requirements of this chapter and the rules of the board.
378		-	185
379		-	(b) Within 60 days after the day on which the director receives an approval application
380		-	186
381		-	described in Subsection (10)(a)(ii) or (iii), the director shall:
382		-	187
383		-	(i) determine whether the application is complete and contains all the information
384		-	188
385		-	necessary to process the application for approval; and
386		-	189
387		-	(ii)(A) issue a notice of completeness to the applicant; or
388		-	190
389		-	(B) issue a notice of deficiency to the applicant and list the additional information
390		-	191
391		-	necessary to complete the application.
392		-	192
393		-	(c) The director shall review information submitted in response to a notice of deficiency
394		-	193
395		-	within 30 days after the day on which the director receives the information.
396		-	194
397		-	(10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
398		-	195
399		-	Administrative Rulemaking Act, to:
400		-	196
401		-	(a) categorize approval applications as follows:
402		-	197
403		-	(i) approval applications that:
404		-	- 6 - Enrolled Copy S.B. 216
405		-	198
406		-	(A) are administrative in nature;
407		-	199
408		-	(B) require limited scrutiny by the director; and
409		-	200
410		-	(C) do not require public input;
411		-	201
412		-	(ii) approval applications that:
413		-	202
414		-	(A) require substantial scrutiny by the director;
415		-	203
416		-	(B) require public input; and
417		-	204
418		-	(C) are not described in Subsection (10)(a)(iii); and
419		-	205
420		-	(iii) approval applications for:
421		-	206
422		-	(A) the granting or renewal of a radioactive waste license;
423		-	207
424		-	(B) the granting or renewal of a groundwater permit issued by the director for a
425		-	208
426		-	radioactive waste facility;
427		-	209
428		-	(C) an amendment to a radioactive waste license, or a groundwater permit, that
429		-	210
430		-	allows the design and approval of a new disposal cell;
431		-	211
432		-	(D) an amendment to a radioactive waste license or groundwater discharge permit
433		-	212
434		-	for a radioactive waste facility to eliminate groundwater monitoring; and
435		-	213
436		-	(E) a radioactive waste facility closure plan;
437		-	214
438		-	(b) provide time periods for the director to review, and approve or deny, an application
439		-	215
440		-	described in Subsection (10)(a) as follows:
441		-	216
442		-	(i) for applications categorized under Subsection (10)(a)(i), within 30 days after the
443		-	217
444		-	day on which the director receives the application; and
445		-	218
446		-	(ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after
447		-	219
448		-	the day on which the director receives the application;
449		-	220
450		-	(iii) for applications categorized under Subsection (10)(a)(iii), as follows:
451		-	221
452		-	(A) for a new radioactive waste license, within 540 days after the day on which
453		-	222
454		-	the director receives the application;
455		-	223
456		-	(B) for a new groundwater permit issued by the director for a radioactive waste
457		-	224
458		-	facility consistent with the provisions of Title 19, Chapter 5, Water Quality Act,
459		-	225
460		-	within 540 days after the day on which the director receives the application;
461		-	226
462		-	(C) for a radioactive waste license renewal, within 365 days after the day on
463		-	227
464		-	which the director receives the application;
465		-	228
466		-	(D) for a groundwater permit renewal issued by the director for a radioactive
467		-	229
468		-	waste facility, within 365 days after the day on which the director receives the
469		-	230
470		-	application;
471		-	231
472		-	(E) for an amendment to a radioactive waste license, or a groundwater permit, that
473		-	- 7 - S.B. 216 Enrolled Copy
474		-	232
475		-	allows the design and approval of a new disposal cell, within 365 days after the
476		-	233
477		-	day on which the director receives the application;
478		-	234
479		-	(F) for an amendment to a radioactive waste license, or a groundwater discharge
480		-	235
481		-	permit, for a radioactive waste facility to eliminate groundwater monitoring,
482		-	236
483		-	within 365 days after the day on which the director receives the application; and
484		-	237
485		-	(G) for a radioactive waste facility closure plan, within 365 days after the day on
486		-	238
487		-	which the director receives the application;
488		-	239
489		-	(c) toll the time periods described in Subsection (10)(b):
490		-	240
491		-	(i) while an owner or operator of a facility responds to the director's request for
492		-	241
493		-	information;
494		-	242
495		-	(ii) during a public comment period; or
496		-	243
497		-	(iii) while the federal government reviews the application; and
498		-	244
499		-	(d) require the director to prepare a detailed written explanation of the basis for the
500		-	245
501		-	director's approval or denial of an approval application.
502		-	246
503		-	Section 3. Section 59-24-102 is amended to read:
504		-	247
505		-	59-24-102 (Effective 07/01/25). Definitions.
506		-	248
507		-	As used in this chapter:
508		-	249
509		-	(1)(a) "Alternate feed material" means a natural or native material:
510		-	250
511		-	(i) mined for the extraction of its constituents or other matter from which source
512		-	251
513		-	material may be extracted in a licensed uranium or thorium mill; and
514		-	252
515		-	(ii) may be reprocessed for its source material content.
516		-	253
517		-	(b) "Alternate feed material" does not include:
518		-	254
519		-	(i) material containing hazardous waste listed under 40 C.F.R. Part 261, Subpart D;
520		-	255
521		-	(ii) natural or unprocessed ore; or
522		-	256
523		-	(iii) naturally occurring radioactive materials containing greater than 15 picocuries
524		-	257
525		-	per gram of radium-226.
526		-	258
527		-	(2) "Byproduct material" is as defined in 42 U.S.C. Sec. 2014(e)(2).
528		-	259
529		-	(3) "Class A low-level radioactive waste" means radioactive waste that is classified as class
530		-	260
531		-	A waste under 10 C.F.R. 61.55.
532		-	261
533		-	(4) "Containerized class A waste" means class A low-level radioactive waste that is placed
534		-	262
535		-	in the portion of a radioactive waste facility that is licensed to receive containerized
536		-	263
537		-	class A waste.
538		-	264
539		-	(5)(a) "Generator" means the same as that term is defined in Section 19-3-102.
540		-	265
541		-	(b) "Generator" includes an affiliate, subsidiary, or successor of the generator.
542		-	- 8 - Enrolled Copy S.B. 216
543		-	266
544		-	[(5)] (6)(a) "Gross receipts" means all consideration an owner or operator of a
545		-	267
546		-	radioactive waste facility receives for the disposal of radioactive waste in the state,
547		-	268
548		-	without any deduction or expense paid or accrued related to the disposal of the
549		-	269
550		-	radioactive waste.
551		-	270
552		-	(b) "Gross receipts" do not include fees collected under Section 19-3-106 or any other
553		-	271
554		-	taxes collected for a state or federal governmental entity.
555		-	272
556		-	[(6)] (7)(a) "Processed class A waste" means waste that:
557		-	273
558		-	(i) is class A low-level radioactive waste; and
559		-	274
560		-	(ii) has been concentrated by a processor.
561		-	275
562		-	(b) "Processed class A waste" does not include containerized class A waste.
563		-	276
564		-	[(7)] (8) "Radioactive waste" means:
565		-	277
566		-	(a) alternate feed material;
567		-	278
568		-	(b) byproduct material;
569		-	279
570		-	(c) containerized class A waste;
571		-	280
572		-	(d) processed class A waste; or
573		-	281
574		-	(e) uncontainerized, unprocessed class A waste.
575		-	282
576		-	[(8)] (9) "Radioactive waste facility" or "facility" means:
577		-	283
578		-	(a) a facility licensed under Section 19-3-105; or
579		-	284
580		-	(b) a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source
581		-	285
582		-	Material.
583		-	286
584		-	[(9)] (10)(a) "Uncontainerized, unprocessed class A waste" means class A low-level
585		-	287
586		-	radioactive waste that:
587		-	288
588		-	(i) is neither containerized class A waste, nor processed class A waste; and
589		-	289
590		-	(ii) must be disposed of under rules of the Nuclear Regulatory Commission in a
591		-	290
592		-	licensed low-level radioactive waste disposal facility.
593		-	291
594		-	(b) "Uncontainerized, unprocessed class A waste" does not include alternate feed
595		-	292
596		-	material.
597		-	293
598		-	Section 4. Section 59-24-103.5 is amended to read:
599		-	294
600		-	59-24-103.5 (Effective 07/01/25). Radioactive waste disposal, processing, and
601		-	295
602		-	recycling facility tax.
603		-	296
604		-	(1) [On and after July 1, 2003, there] There is imposed a tax on a radioactive waste facility,
605		-	297
606		-	or a processing or recycling facility, as provided in this chapter.
607		-	298
608		-	(2) [The] Except as provided in Subsection (3), the tax is equal to the sum of the following
609		-	299
610		-	amounts:
611		-	- 9 - S.B. 216 Enrolled Copy
612		-	300
613		-	(a) 12% of the gross receipts of a radioactive waste facility derived from the disposal of
614		-	301
615		-	containerized class A waste;
616		-	302
617		-	(b) 10% of the gross receipts of a radioactive waste facility derived from the disposal of
618		-	303
619		-	processed class A waste;
620		-	304
621		-	(c) except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive
622		-	305
623		-	waste facility derived from the disposal of uncontainerized, unprocessed class A
624		-	306
625		-	waste from a governmental entity or an agent of a governmental entity:
626		-	307
627		-	(i) pursuant to a contract entered into on or after April 30, 2001;
628		-	308
629		-	(ii) pursuant to a contract substantially modified on or after April 30, 2001;
630		-	309
631		-	(iii) pursuant to a contract renewed or extended on or after April 30, 2001; or
632		-	310
633		-	(iv) not pursuant to a contract;
634		-	311
635		-	(d) except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive
636		-	312
637		-	waste facility derived from the disposal of uncontainerized, unprocessed class A
638		-	313
639		-	waste received by the facility from an entity other than a governmental entity or an
640		-	314
641		-	agent of a governmental entity;
642		-	315
643		-	(e) .5% of the gross receipts of a radioactive waste facility derived from the disposal of
644		-	316
645		-	uncontainerized, unprocessed class A waste received by the facility if the
646		-	317
647		-	uncontainerized, unprocessed class A waste does not exceed 10% of the radioactive
648		-	318
649		-	concentration limit for class A waste as defined in 10 C.F.R. Sec. 61.55;
650		-	319
651		-	(f) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
652		-	320
653		-	mixed waste, other than the mixed waste described in Subsection (2)(g), received
654		-	321
655		-	from:
656		-	322
657		-	(i) an entity other than a governmental entity or an agent of a governmental entity; or
658		-	323
659		-	(ii) a governmental entity or an agent of a governmental entity:
660		-	324
661		-	(A) pursuant to a contract entered into on or after April 30, 2005;
662		-	325
663		-	(B) pursuant to a contract substantially modified on or after April 30, 2005;
664		-	326
665		-	(C) pursuant to a contract renewed or extended on or after April 30, 2005; or
666		-	327
667		-	(D) not pursuant to a contract;
668		-	328
669		-	(g) 10% of the gross receipts of a radioactive waste facility derived from the disposal of
670		-	329
671		-	mixed waste:
672		-	330
673		-	(i)(A) received from an entity other than a governmental entity or an agent of a
674		-	331
675		-	governmental entity; or
676		-	332
677		-	(B) received from a governmental entity or an agent of a governmental entity:
678		-	333
679		-	(I) pursuant to a contract entered into on or after April 30, 2005;
680		-	- 10 - Enrolled Copy S.B. 216
681		-	334
682		-	(II) pursuant to a contract substantially modified on or after April 30, 2005;
683		-	335
684		-	(III) pursuant to a contract renewed or extended on or after April 30, 2005; or
685		-	336
686		-	(IV) not pursuant to a contract; and
687		-	337
688		-	(ii) that contains a higher radionuclide concentration level than the mixed waste
689		-	338
690		-	received by any radioactive waste facility in the state before April 1, 2004;
691		-	339
692		-	(h) 10 cents per cubic foot of alternate feed material received at a radioactive waste
693		-	340
694		-	facility for disposal or reprocessing; and
695		-	341
696		-	(i) 10 cents per cubic foot of byproduct material received at a radioactive waste facility
697		-	342
698		-	for disposal.
699		-	343
700		-	(3) The tax is equal to 16.67% of the gross receipts of a radioactive waste facility derived
701		-	344
702		-	from the disposal of radioactive waste received from a generator that ships to the
703		-	345
704		-	radioactive waste facility for the first time between June 30, 2025, and June 30, 2028.
705		-	346
706		-	[(3)] (4) For purposes of the tax imposed by this section, a fraction of a cubic foot is
707		-	347
708		-	considered to be a full cubic foot.
709		-	348
710		-	[(4)] (5) Except as provided in Subsections (2)(f) and (g), the tax imposed by this section
711		-	349
712		-	does not apply to radioactive waste containing material classified as hazardous waste
713		-	350
714		-	under 40 C.F.R. Part 261.
715		-	351
716		-	The following section is affected by a coordination clause at the end of this bill.
717		-	352
718		-	Section 5. Section 59-24-103.8 is enacted to read:
719	721		353
720		-	~~59-24-103.8 (Effective~~ ~~07/01/25). Radioactive~~ waste ~~facility expansion tax --~~
	722	+	(a) "Division" means the Division of Waste Management and Radiation Control created
721	723		354
722		-	~~Payment -- Deposit of tax revenue~~.
	724	+	in Section 19-1-105.
723	725		355
724		-	(1) ~~As used in this section:~~
	726	+	(b) "New licensed waste disposal volume" means the increased radioactive waste
725	727		356
726		-	(a~~) "Division" means the Division of~~ Waste ~~Management and Radiation Control created~~
	728	+	disposal volume capacity that a radioactive waste facility requests for approval by the
727	729		357
728		-	in ~~Section 19-1-105~~.
	730	+	division in a radioactive waste facility application.
729	731		358
730		-	(b) "~~New licensed~~ waste ~~disposal volume~~" means ~~the increased~~ radioactive ~~waste~~
	732	+	(c) "Radioactive waste facility application" means an application for a new radioactive
731	733		359
732		-	~~disposal volume capacity that a~~ radioactive waste facility ~~requests for approval by the~~
	734	+	waste facility, or an amendment to an existing radioactive waste facility, under
733	735		360
734		-	~~division in~~ a radioactive waste ~~facility application.~~
	736	+	Section 19-3-105 that requests authorization to construct a new radioactive waste
735	737		361
736		-	~~(c) "~~Radioactive waste ~~facility application" means an application for a new radioactive~~
	738	+	facility or expand the geographic site covered by an existing radioactive waste
737	739		362
738		-	~~waste~~ facility~~, or an amendment to an existing radioactive waste facility, under~~
	740	+	facility.
739	741		363
740		-	~~Section 19-3-105~~ that ~~requests authorization to construct~~ a new radioactive ~~waste~~
	742	+	(2) There is imposed a tax on a radioactive waste facility that submits a new radioactive
741	743		364
742		-	facility or ~~expand the geographic site covered by an existing radioactive waste~~
	744	+	waste facility application to the division on or before December 31, 2025.
743	745		365
744		-	~~facility~~.
	746	+	(3) The tax imposed by this section is equal to $3.45 per cubic yard of new licensed waste
745	747		366
746		-	~~(2) There is imposed a tax on a radioactive waste facility that submits a~~ new ~~radioactive~~
	748	+	disposal volume, up to and not exceeding 8,700,000 cubic yards of new licensed waste
747	749		367
748		-	waste facility application to the division on or before December 31, 2025.
749		-	- 11 - S.B. 216 Enrolled Copy
	750	+	disposal volume for a radioactive waste facility.
750	751		368
751		-	(3) The tax imposed by this section is equal to $3.45 per cubic yard of new licensed waste
	752	+	(4) The tax imposed by this section shall be paid no later than 60 days after the day on
	753	+	- 11 - 3rd Sub. (Ivory) S.B. 216 03-04 19:57
752	754		369
753		-	~~disposal volume,~~ up to ~~and not exceeding 8,700,000 cubic yards of new licensed waste~~
	755	+	which the radioactive waste facility submits a radioactive waste facility application to
754	756		370
755		-	~~disposal volume for a radioactive waste facility~~.
	757	+	the division.
756	758		371
757		-	(4) The tax ~~imposed by~~ this section ~~shall be paid no later than 60 days after~~ the ~~day on~~
	759	+	(5) The commission shall deposit the tax revenue collected under this section into the Utah
758	760		372
759		-	~~which the radioactive waste facility submits a radioactive waste facility application to~~
	761	+	Energy Research Fund created in Section 79-6-1002.
760	762		373
761		-	the division.
	763	+	(6) Nothing in this section limits the ability of the director of the division to approve a
762	764		374
763		-	~~(5)~~ The ~~commission shall deposit the tax revenue collected under this section into the Utah~~
	765	+	radioactive waste facility application exceeding the maximum new licensed waste
764	766		375
765		-	~~Energy Research Fund created~~ in ~~Section 79-6-1002~~.
	767	+	disposal volume described in Subsection (3).
766	768		376
767		-	(6~~) Nothing in this~~ section ~~limits the ability of the director of the division~~ to ~~approve a~~
	769	+	Section 6. Section 59-24-104 is amended to read:
768	770		377
769		-	~~radioactive waste facility application exceeding the maximum new licensed waste~~
	771	+	59-24-104 (Effective 07/01/25). Payment of tax.
770	772		378
771		-	~~disposal volume described in Subsection (3)~~.
	773	+	(1) The tax imposed by Section 59-24-103.5 shall be paid by [the owner or operator of ]a
772	774		379
773		-	~~Section 6~~. ~~Section 59-24-104 is amended to read:~~
	775	+	radioactive waste facility that receives radioactive waste for disposal or reprocessing.
774	776		380
775		-	~~59-24-104 (Effective 07/01/25).~~ Payment ~~of tax~~.
	777	+	(2) The payment shall be accompanied by the form prescribed by the commission.
776	778		381
777		-	(1) The ~~tax imposed by Section 59-24-103.5~~ shall be paid ~~by [the owner or operator of ]a~~
	779	+	(3) [The ] Except as otherwise provided in this chapter, the payment shall be paid quarterly
778	780		382
779		-	~~radioactive waste facility that receives radioactive waste for disposal~~ or ~~reprocessing~~.
	781	+	on or before the last day of the month next succeeding each calendar quarterly period.
780	782		383
781		-	~~(2) The payment shall be accompanied by the form prescribed by the commission.~~
	783	+	Section 7. Section 59-24-105 is amended to read:
782	784		384
783		-	(3) ~~[The~~ ~~] Except as otherwise provided in this chapter, the payment shall be paid quarterly~~
	785	+	59-24-105 (Effective 07/01/25). Deposit of tax revenue.
784	786		385
785		-	~~on or before~~ the ~~last day of the month next succeeding each calendar quarterly period.~~
	787	+	(1) [ The] Except as provided in Subsections (2) and 59-24-103.8(5), the commission
786	788		386
787		-	~~The following section is affected by a coordination clause at~~ the ~~end of~~ this ~~bill~~.
	789	+	shall deposit the tax revenue collected under this chapter into the Uniform School Fund.
788	790		387
789		-	~~Section 7.~~ ~~Section 59-24-105 is amended to read:~~
	791	+	(2)(a) The commission shall deposit tax revenue collected under Subsection
790	792		388
791		-	59-24-~~105 (Effective~~ ~~07/01/25)~~. ~~Deposit of tax revenue.~~
	793	+	59-24-103.5(3) into the Utah Energy Research Fund created in Section 79-6-1002.
792	794		389
793		-	(1) ~~[ The] Except as provided in Subsections (2) and 59-24-103.8(5),~~ the commission
	795	+	(b) The commission may require a radioactive waste facility to share data related to
794	796		390
795		-	~~shall deposit~~ the ~~tax revenue collected under this chapter into~~ the ~~Uniform School Fund.~~
	797	+	radioactive waste delivered by a generator to the radioactive waste facility for the
796	798		391
797		-	(2)(a) ~~The commission shall deposit tax revenue collected under Subsection~~
	799	+	purposes of calculating the deposit of tax revenue as described in Subsection (2)(a).
798	800		392
799		-	~~59-24-103~~.~~5(3) into the Utah Energy Research Fund created in~~ Section ~~79-6-1002.~~
	801	+	Section 8. Section 63I-2-259 is amended to read:
800	802		393
801		-	(b) ~~The commission may require a radioactive waste facility to share data related to~~
	803	+	63I-2-259 (Effective 05/07/25). Repeal dates: Title 59.
802	804		394
803		-	~~radioactive waste delivered by~~ a ~~generator to~~ the ~~radioactive waste facility for~~ the
	805	+	(1) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as the
804	806		395
805		-	~~purposes of calculating the deposit of~~ tax ~~revenue as described in Subsection (2)(a)~~.
	807	+	targeted business income tax credit, is repealed December 31, 2024.
806	808		396
807		-	~~Section 8~~. ~~Section 63I-2-259 is amended to read:~~
	809	+	(2) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year as
808	810		397
809		-	~~63I-2-259 (Effective~~ ~~05/07/25)~~. ~~Repeal dates: Title 59.~~
	811	+	the targeted business income tax credit, is repealed December 31, 2024.
810	812		398
811		-	(1) ~~Subsection~~ 59-7-~~610(8)~~, ~~regarding claiming a~~ tax credit ~~in the same taxable year as the~~
	813	+	(3) Section 59-7-624, Targeted business income tax credit, is repealed December 31, 2024.
812	814		399
813		-	~~targeted business income tax credit~~, is repealed December ~~31, 2024.~~
	815	+	(4) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed December
814	816		400
815		-	~~(2) Subsection 59-7-614.10(5)~~, ~~regarding claiming a tax credit in the same taxable year as~~
	817	+	31, 2024.
816	818		401
	819	+	(5) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year as
	820	+	402
817	821		the targeted business income tax credit, is repealed December 31, 2024.
818		-	- 12 - Enrolled Copy S.B. 216
819		-	402
820		-	(3) Section 59-7-624, Targeted business income tax credit, is repealed December 31, 2024.
	822	+	- 12 - 03-04 19:57 3rd Sub. (Ivory) S.B. 216
821	823		403
822		-	(4) Subsection 59-10-~~210~~(~~2)(b)(vi~~), regarding ~~Section 59-10-1112, is repealed December~~
	824	+	(6) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable year as
823	825		404
824		-	31, 2024.
	826	+	the targeted business income tax credit, is repealed December 31, 2024.
825	827		405
826		-	(5) ~~Subsection~~ 59-10-~~1007(8)~~, ~~regarding claiming a~~ tax credit ~~in the same taxable year as~~
	828	+	(7) Section 59-10-1112, Targeted business income tax credit, is repealed December 31,
827	829		406
828		-	~~the targeted business income tax credit, is repealed December 31,~~ 2024.
	830	+	2024.
829	831		407
830		-	(6) ~~Subsection~~ 59-~~10-1037(5)~~, ~~regarding claiming a~~ tax ~~credit in the same taxable year as~~
	832	+	(8) Section 59-24-103.8, Radioactive waste facility expansion tax -- Payment -- Deposit of
831	833		408
832		-	~~the targeted business income~~ tax ~~credit~~, is repealed ~~December 31~~, ~~2024~~.
	834	+	tax revenue, is repealed July 1, 2026.
833	835		409
834		-	~~(7)~~ Section ~~59-10-1112, Targeted business income tax credit, is repealed December 31,~~
	836	+	Section 9. Effective Date.
835	837		410
836		-	~~2024~~.
	838	+	(1) Except as provided in Subsection (2), this bill takes effect July 1, 2025.
837	839		411
838		-	(8) ~~Section 59-24-103.8~~, ~~Radioactive waste facility expansion tax -- Payment -- Deposit of~~
	840	+	(2) The actions affecting the following sections take effect on May 7, 2025:
839	841		412
840		-	~~tax revenue,~~ ~~is repealed July 1, 2026.~~
	842	+	(a) Section 19-3-102 (Effective 05/07/25);
841	843		413
842		-	Section 9. Effective ~~Date.~~
	844	+	(b) Section 19-3-105 (Effective 05/07/25); and
843	845		414
844		-	(1) ~~Except as provided in Subsection~~ (2)~~, this bill takes effect July 1, 2025~~.
	846	+	(c) Section 63I-2-259 (Effective 05/07/25).
845	847		415
846		-	~~(2) The actions affecting the following sections take effect on May 7, 2025:~~
	848	+	Section 10. Coordinating S.B. 216 with H.B. 249.
847	849		416
848		-	~~(a) Section 19-3-102 (Effective~~ ~~05/07/25);~~
	850	+	If S.B. 216, Environmental Quality Amendments, and H.B. 249, Nuclear Power
849	851		417
850		-	~~(b) Section 19-3-105 (Effective 05/07/25);~~ and
	852	+	Amendments, both pass and become law, the Legislature intends that, on July 1, 2025:
851	853		418
852		-	(c) ~~Section 63I-2-259 (Effective~~ ~~05/07/25)~~.
	854	+	(1) Subsection 59-24-103.8(5), enacted in S.B. 216, be amended to read:
853	855		419
854		-	Section 10. Coordinating S.B. 216 with H.B. 249.
855		-	If S.B. 216, Environmental Quality Amendments, and H.B. 249, Nuclear Power
	856	+	"(5) The commission shall deposit the tax revenue collected under this section into the
	857	+	420
	858	+	Electrical Energy Development Investment Fund created in Section 79-6-1105.";
856	859		421
857		-	~~Amendments~~, ~~both pass and become law~~, ~~the Legislature intends that, on July 1, 2025~~:
	860	+	(2) Subsection 59-24-105(2)(a), enacted in S.B. 216, be amended to read:
858	861		422
859		-	(1) Subsection ~~59-24-103.8(5), enacted in S.B. 216, be amended to read:~~
	862	+	"(2)(a) The commission shall deposit tax revenue collected under Subsection
860	863		423
861		-	"(5) ~~The commission shall deposit the tax revenue collected under this section~~ into the
	864	+	59-24-103.5(3) into the Electrical Energy Development Investment Fund created in Section
862	865		424
863		-	~~Electrical Energy Development Investment Fund created in Section~~ 79-6-1105.";
	866	+	79-6-1105.";
864	867		425
865		-	(2) Subsection ~~59-24-105~~(2~~)(a~~), enacted in S.B. ~~216~~, be amended to read:
	868	+	(3) Subsection 79-6-1105(2), enacted in H.B. 249, be amended to read:
866	869		426
867		-	"(2)~~(a)~~ The ~~commission shall deposit tax revenue collected under Subsection 59-24-103.5(3)~~
	870	+	"(2) The fund consists of:
868	871		427
869		-	~~into the Electrical Energy Development Investment Fund created in~~ Section 79-6-~~1105."~~;
	872	+	(a) property tax differential revenue collected under Section 79-6-1104;
870	873		428
871		-	(3) ~~Subsection 79-6-1105(2), enacted in H.B. 249,~~ ~~be amended to read:~~
	874	+	(b) revenue from the radioactive waste facility expansion tax collected under Section
872	875		429
873		-	~~"(2) The fund consists of:~~
	876	+	59-24-103.8; and
874	877		430
875		-	(a) ~~property~~ tax ~~differential revenue collected under Section 79-6-1104;~~
	878	+	(c) revenue from a tax on new generators of radioactive waste as described in Subsection
876	879		431
877		-	~~(b) revenue from the radioactive waste facility expansion tax collected under Section~~
	880	+	59-24-103.5(3)."; and
878	881		432
879		-	~~59-24-103~~.~~8; and~~
	882	+	(4) Section 79-6-1106, enacted in H.B. 249, be amended to read:
880	883		433
881		-	(c) ~~revenue from a tax on new generators of radioactive waste as described in Subsection~~
	884	+	"(1) The council may use fund money to:
882	885		434
883		-	~~59-24-103.5~~(3)~~."; and~~
	886	+	(a) facilitate electrical energy infrastructure development within the state, including:
884	887		435
885		-	(4) Section 79-6-1106, enacted in H.B. 249, be amended to read:
886		-	- 13 - S.B. 216 Enrolled Copy
	888	+	(i) transmission and distribution lines;
887	889		436
888		-	"(1) The council may use fund money to:
	890	+	(ii) pipeline development;
	891	+	- 13 - 3rd Sub. (Ivory) S.B. 216 03-04 19:57
889	892		437
890		-	(a) ~~facilitate electrical~~ energy ~~infrastructure development within the state, including:~~
	893	+	(iii) energy storage facilities;
891	894		438
892		-	(i) ~~transmission and distribution lines~~;
	895	+	(iv) generation facilities;
893	896		439
894		-	(ii) ~~pipeline development~~;
	897	+	(v) related infrastructure; and
895	898		440
896		-	(~~iii~~) ~~energy storage facilities;~~
	899	+	(vi) to fund research, site selection, permitting, public outreach and other activities
897	900		441
898		-	~~(iv) generation facilities~~;
	901	+	related to the development of nuclear energy;
899	902		442
900		-	(v) ~~related infrastructure~~; ~~and~~
	903	+	(b) provide matching funds for federal energy development grants;
901	904		443
902		-	(vi) ~~to fund research,~~ ~~site selection, permitting, public outreach, and other activities~~
	905	+	(c) support energy workforce development programs;
903	906		444
904		-	~~related to the~~ development ~~of nuclear energy;~~
	907	+	(d) provide incentives for electrical energy development projects; and
905	908		445
906		-	(b) ~~provide matching funds~~ for ~~federal energy development grants;~~
	909	+	(e) pay for administrative expenses related to the council's duties.
907	910		446
908		-	(c) ~~support energy workforce development programs;~~
	911	+	(2) Fund money derived from the radioactive waste facility expansion tax revenue collected
909	912		447
910		-	~~(d) provide incentives~~ for ~~electrical energy~~ development ~~projects; and~~
	913	+	under Section 59-24-103.8 is prioritized for activities related to the development of nuclear
911	914		448
912		-	(e) pay for administrative expenses related to the council's duties.
913		-	449
914		-	(2) Fund money derived from the radioactive waste facility expansion tax revenue collected
915		-	450
916		-	under Section 59-24-103.8 is prioritized for activities related to the development of nuclear
917		-	451
918	915		energy.".
919	916		- 14 -