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S.B. 81 Enrolled

                 

PROVISIONS RELATING TO HIGH-LEVEL NUCLEAR WASTE

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Terry R. Spencer

                  This act modifies the Environmental Quality Code, the County Land Use Development and
                  Management Act, the Labor Code regarding drug and alcohol testing, and the Water and
                  Irrigation Code regarding determination of water rights. The act prohibits the placement
                  of high-level nuclear waste or greater than class C radioactive waste within the exterior
                  borders of the state, and prohibits governmental entities or businesses from providing
                  services to facilitate the placement of the waste in the state. However, should the federal
                  government authorize such placement, the act requires mandatory planning by the site
                  county, including a public hearing. The act provides that an entity may not apply for a state
                  license for the transportation, transfer, or storage of high-level nuclear waste or greater than
                  class C radioactive waste until a final court ruling is given regarding the state provisions.
                  The act also prohibits a county from providing municipal-type services to a site under
                  consideration for a facility, entering into contracts to provide the services, or creating
                  political subdivisions to provide the services until a license is authorized. The act provides
                  that persons or organizations acting in violation of these provisions are subject to penalties.
                  The act requires the Department of Environmental Quality to determine the amount of
                  unfunded potential liability regarding a release of the waste from a facility. Should a facility
                  gain a license, the act imposes on any organization providing municipal-type services a
                  transaction fee of 75% of the value of a contract. This fee is to be applied to the unfunded
                  potential liability and is to be deposited in a restricted account created by this act. In
                  addition, the license applicant is required to deposit in this account not less than 75% of the
                  determined unfunded potential liability within 30 days of issuance of the license for the
                  facility. The licensee is also required to pay an annual fee of the amount of workers'
                  compensation to be paid for employees in the state, multiplied by the number of casks of
                  nuclear waste brought into the state. This fee is also to be deposited in the account. The fee
                  does not exempt the licensee from payments for workers' compensation. The act also


                  requires the licensee to test employees for drugs and alcohol, to protect the safety of the public.
                  The act also provides for the state engineer to file an action in court to determine water rights
                  for any area within the state's exterior boundaries regarding which any entity is actively
                  seeking a license for a nuclear waste facility. This act takes effect upon approval. This act
                  provides a coordination clause to specify the effective date.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      17-27-102, as last amended by Chapter 93, Laws of Utah 1992
                      17-27-301, as last amended by Chapter 34, Laws of Utah 2000
                      17-27-303, as last amended by Chapter 23, Laws of Utah 1992
                      17-34-1, as repealed and reenacted by Chapter 199, Laws of Utah 2000
                      17-34-3, as last amended by Chapter 199, Laws of Utah 2000
                      19-3-301, as last amended by Chapter 348, Laws of Utah 1998
                      19-3-302, as enacted by Chapter 348, Laws of Utah 1998
                      19-3-303, as enacted by Chapter 348, Laws of Utah 1998
                      19-3-308, as enacted by Chapter 348, Laws of Utah 1998
                      19-3-309, as enacted by Chapter 348, Laws of Utah 1998
                      19-3-312, as enacted by Chapter 348, Laws of Utah 1998
                      34-38-3, as enacted by Chapter 234, Laws of Utah 1987
                      73-4-1, Utah Code Annotated 1953
                  ENACTS:
                      17-27-308, Utah Code Annotated 1953
                      17-34-6, Utah Code Annotated 1953
                      19-3-319, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 17-27-102 is amended to read:
                       17-27-102. Purpose.
                      (1) To accomplish the purpose of this chapter, and in order to provide for the health, safety,

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                  and welfare, and promote the prosperity, improve the morals, peace and good order, comfort,
                  convenience, and aesthetics of the county and its present and future inhabitants and businesses, to
                  protect the tax base, secure economy in governmental expenditures, foster the state's agricultural and
                  other industries, protect both urban and nonurban development, and to protect property values,
                  counties may enact all ordinances, resolutions, and rules that they consider necessary for the use and
                  development of land within the county, including ordinances, resolutions, and rules governing uses,
                  density, open spaces, structures, buildings, energy-efficiency, light and air, air quality, transportation
                  and public or alternative transportation, infrastructure, public facilities, vegetation, and trees and
                  landscaping, unless those ordinances, resolutions, or rules are expressly prohibited by law.
                      (2) A county shall comply with the mandatory provisions of this part before any agreement
                  or contract to provide goods, services, or municipal-type services to any storage facility or transfer
                  facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed or
                  implemented.
                      Section 2. Section 17-27-301 is amended to read:
                       17-27-301. General plan.
                      (1) In order to accomplish the purposes set forth in this chapter, each county shall prepare
                  and adopt a comprehensive general plan for:
                      (a) the present and future needs of the county; and
                      (b) the growth and development of the land within the county or any part of the county,
                  including uses of land for urbanization, trade, industry, residential, agricultural, wildlife habitat, and
                  other purposes.
                      (2) The plan may provide for:
                      (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
                  activities, aesthetics, and recreational, educational, and cultural opportunities;
                      (b) the reduction of the waste of physical, financial, or human resources that result from
                  either excessive congestion or excessive scattering of population;
                      (c) the efficient and economical use, conservation, and production of the supply of:
                      (i) food and water; and

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                      (ii) drainage, sanitary, and other facilities and resources;
                      (d) the use of energy conservation and solar and renewable energy resources;
                      (e) the protection of urban development;
                      (f) the protection and promotion of air quality; and
                      (g) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation Corridor
                  Preservation.
                      (3) (a) The plan shall include specific provisions related to any areas within, or partially
                  within, the exterior boundaries of the county, or contiguous to the boundaries of a county, which are
                  proposed for the siting of a storage facility or transfer facility for the placement of high-level nuclear
                  waste or greater than class C radioactive nuclear waste, as these wastes are defined in Section
                  19-3-303 . The provisions shall address the effects of the proposed site upon the health and general
                  welfare of citizens of the state, and shall provide:
                      (i) the information identified in Section 19-3-305 ;
                      (ii) information supported by credible studies that demonstrates that the provisions of
                  Subsection 19-3-307 (2) have been satisfied; and
                      (iii) specific measures to mitigate the effects of high-level nuclear waste and greater than
                  class C radioactive waste and guarantee the health and safety of the citizens of the state.
                      (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance indicating
                  that all proposals for the siting of a storage facility or transfer facility for the placement of high-level
                  nuclear waste or greater than class C radioactive waste wholly or partially within the county are
                  rejected.
                      (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
                      (d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to the
                  executive director of the Department of Environmental Quality by certified mail within 30 days of
                  enactment.
                      (e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county shall:
                      (i) comply with Subsection (3)(a) as soon as reasonably possible; and
                      (ii) send a certified copy of the repeal to the executive director of the Department of

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                  Environmental Quality by certified mail within 30 days after the repeal.
                      [(3)] (4) The plan may define the county's local customs, local culture, and the components
                  necessary for the county's economic stability.
                      [(4)] (5) The county may determine the comprehensiveness, extent, and format of the general
                  plan.
                      Section 3. Section 17-27-303 is amended to read:
                       17-27-303. Plan adoption.
                      (1) (a) After completing a proposed general plan for all or part of the area within the county,
                  the planning commission shall schedule and hold a public hearing on the proposed plan.
                      (b) The planning commission shall provide reasonable notice of the public hearing at least
                  14 days before the date of the hearing.
                      (c) After the public hearing, the planning commission may make changes to the proposed
                  general plan.
                      (2) The planning commission shall then forward the proposed general plan to the legislative
                  body.
                      (3) (a) The legislative body shall hold a public hearing on the proposed general plan
                  recommended to it by the planning commission.
                      (b) The legislative body shall provide reasonable notice of the public hearing at least 14 days
                  before the date of the hearing.
                      (4) (a) (i) In addition to the requirements of Subsections (1), (2), and (3), the legislative body
                  shall hold a public hearing in Salt Lake City on provisions of the proposed county plan regarding
                  Subsection 17-27-301 (3). The hearing procedure shall comply with this Subsection (4).
                      (ii) The hearing format shall allow adequate time for public comment at the actual public
                  hearing, and shall also allow for public comment in writing to be submitted to the legislative body
                  for not fewer than 90 days after the date of the public hearing.
                      (b) (i) The legislative body shall give notice of the hearing in accordance with this
                  Subsection (4) when the proposed plan provisions required by Subsection 17-27-301 (3) are
                  complete.

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                      (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of the
                  state Legislature, executive director of the Department of Environmental Quality, the state planning
                  coordinator under Section 63-28-1 , the Resource Development Coordinating Committee pursuant
                  to Section 63-28a-2 , and any other citizens or entities who specifically request notice in writing.
                      (iii) Public notice shall be given by publication in at least one major Utah newspaper having
                  broad general circulation in the state, and also in at least one Utah newspaper having a general
                  circulation focused mainly on the county where the proposed high-level nuclear waste or greater than
                  class C radioactive waste site is to be located.
                      (iv) The notice in these newspapers shall be published not fewer than 180 days prior to the
                  date of the hearing to be held under this Subsection (4), to allow reasonable time for interested
                  parties and the state to evaluate the information regarding the provisions of Subsection 17-27-301 (3).
                      [(4)] (5) (a) After [the] a public hearing under this section, the legislative body may make
                  any modifications to the proposed general plan that it considers appropriate.
                      (b) The legislative body shall respond in writing and in a substantive manner to all those
                  providing comments as a result of the hearing required by Subsection (4).
                      [(5)] (6) The legislative body may:
                      (a) adopt the proposed general plan without amendment;
                      (b) amend the proposed general plan and adopt or reject it as amended; or
                      (c) reject the proposed general plan.
                      [(6)] (7) (a) The general plan is an advisory guide for land use decisions, except for the
                  provision required by Subsection 17-27-301 (3), which the legislative body shall adopt.
                      (b) The legislative body may adopt an ordinance mandating compliance with the general
                  plan, and shall adopt an ordinance requiring compliance with all provisions of Subsection
                  17-27-301 (3).
                      Section 4. Section 17-27-308 is enacted to read:
                      17-27-308. State to indemnify county regarding refusal to site nuclear waste -- Terms
                  and conditions.
                      If a county is challenged in a court of law regarding its decision to deny siting of a storage

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                  or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive
                  waste or its refusal to provide municipal-type services regarding the operation of the storage or
                  transfer facility, the state shall indemnify, defend, and hold the county harmless from any claims or
                  damages, including court costs and attorney fees that are assessed as a result of the county's action,
                  if:
                      (1) the county has complied with the provisions of Subsection 17-27-301 (3)(b) by adopting
                  an ordinance rejecting all proposals for the siting of a storage or transfer facility for the placement
                  of high-level nuclear waste or greater than class C radioactive waste wholly or partially within the
                  boundaries of the county;
                      (2) the county has complied with Subsection 17-34-1 (3) regarding refusal to provide
                  municipal-type services; and
                      (3) the court challenge against the county addresses the county's actions in compliance with
                  Subsection 17-27-301 (3)(b) or Subsection 17-34-1 (3).
                      Section 5. Section 17-34-1 is amended to read:
                       17-34-1. Counties may provide municipal services -- First class counties required to
                  provide paramedic services.
                      (1) For purposes of this chapter, ["municipal-type] except as otherwise provided in
                  Subsection (3):
                      (a) "Greater than class C radioactive waste" has the same meaning as in Section 19-3-303 .
                      (b) "High-level nuclear waste" has the same meaning as in Section 19-3-303 .
                      (c) "Municipal-type services" means:
                      [(a)] (i) fire protection service;
                      [(b)] (ii) waste and garbage collection and disposal;
                      [(c)] (iii) planning and zoning;
                      [(d)] (iv) street lighting;
                      [(e)] (v) in a county of the first class, advanced life support and paramedic services; and
                      [(f)] (vi) all other services and functions that are required by law to be budgeted,
                  appropriated, and accounted for from a municipal services fund or a municipal capital projects fund

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                  as defined under Chapter 36, Uniform Fiscal Procedures Act for Counties.
                      (d) "Placement" has the same meaning as in Section 19-3-303 .
                      (e) "Storage facility" has the same meaning as in Section 19-3-303 .
                      (f) "Transfer facility" has the same meaning as in Section 19-3-303 .
                      (2) A county may:
                      (a) provide municipal-type services to areas of the county outside the limits of cities and
                  towns without providing the same services to cities or towns;
                      (b) fund those services by:
                      (i) levying a tax on taxable property in the county outside the limits of cities and towns; or
                      (ii) charging a service charge or fee to persons benefitting from the municipal-type services.
                      (3) A county may not:
                      (a) provide, contract to provide, or agree in any manner to provide municipal-type services,
                  as these services are defined in Section 19-3-303 , to any area under consideration for a storage
                  facility or transfer facility for the placement of high-level nuclear waste, or greater than class C
                  radioactive waste; or
                      (b) seek to fund services for these facilities by:
                      (i) levying a tax; or
                      (ii) charging a service charge or fee to persons benefitting from the municipal-type services.
                      [(3)] (4) Each county of the first class shall provide advanced life support and paramedic
                  services to the area of the county outside the limits of cities and towns.
                      Section 6. Section 17-34-3 is amended to read:
                       17-34-3. Taxes or service charges.
                      (1) (a) If a county furnishes the municipal-type services and functions described in Section
                  17-34-1 to areas of the county outside the limits of incorporated cities or towns, the entire cost of the
                  services or functions so furnished shall be defrayed from funds that the county has derived from
                  either:
                      (i) taxes which the county may lawfully levy or impose outside the limits of incorporated
                  towns or cities;

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                      (ii) service charges or fees the county may impose upon the persons benefited in any way
                  by the services or functions; or
                      (iii) a combination of these sources.
                      (b) As the taxes or service charges or fees are levied and collected, they shall be placed in
                  a special revenue fund of the county and shall be disbursed only for the rendering of the services or
                  functions established in Section 17-34-1 within the unincorporated areas of the county.
                      (2) For the purpose of levying taxes, service charges, or fees provided in this section, the
                  county legislative body may establish a district or districts in the unincorporated areas of the county.
                      (3) Nothing contained in this chapter may be construed to authorize counties to impose or
                  levy taxes not otherwise allowed by law.
                      (4) (a) A county required under Subsection 17-34-1 [(3)](4) to provide advanced life support
                  and paramedic services to the unincorporated area of the county and that previously paid for those
                  services through a countywide levy may increase its levy under Subsection (1)(a)(i) to generate in
                  the unincorporated area of the county the same amount of revenue as the county loses from that area
                  due to the required decrease in the countywide certified tax rate under Subsection 59-2-924 (2)(h)(i).
                      (b) An increase in tax rate under Subsection (4)(a) is exempt from the notice and hearing
                  requirements of Sections 59-2-918 and 59-2-919 .
                      Section 7. Section 17-34-6 is enacted to read:
                      17-34-6. State to indemnify county regarding refusal to site nuclear waste -- Terms and
                  conditions.
                      If a county is challenged in a court of law regarding its decision to deny siting of a storage
                  or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive
                  waste or its refusal to provide municipal-type services regarding the operation of the storage or
                  transfer facility, the state shall indemnify, defend, and hold the county harmless from any claims or
                  damages, including court costs and attorney fees that are assessed as a result of the county's action,
                  if:
                      (1) the county has complied with the provisions of Subsection 17-27-301 (3)(b) by adopting
                  an ordinance rejecting all proposals for the siting of a storage or transfer facility for the placement

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                  of high-level nuclear waste or greater than class C radioactive waste wholly or partially within the
                  boundaries of the county;
                      (2) the county has complied with Subsection 17-34-1 (3) regarding refusal to provide
                  municipal-type services; and
                      (3) the court challenge against the county addresses the county's actions in compliance with
                  Subsection 17-27-301 (3)(b) or Subsection 17-34-1 (3).
                      Section 8. Section 19-3-301 is amended to read:
                       19-3-301. Restrictions on nuclear waste placement in state.
                      (1) The [state may not approve the] placement, including transfer, storage, decay in storage,
                  treatment, or disposal, [in] within the exterior boundaries of Utah of high-level nuclear waste or
                  greater than class C radioactive waste [unless] is prohibited.
                      (2) Notwithstanding Subsection (1) the governor, after consultation with the county
                  executive and county legislative body of the affected county and with concurrence of the Legislature,
                  may specifically [approves] approve the placement as provided in this part[.], but only if:
                      (a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the Nuclear
                  Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A. 2011 et seq.,
                  for the placement within the exterior boundaries of Utah of high-level nuclear waste or greater than
                  class C radioactive waste; and
                      (ii) the authority of the federal Nuclear Regulatory Commission to grant a license under
                  Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent jurisdiction; or
                      (b) an agency of the federal government is transporting the waste, and all state and federal
                  requirements to proceed with the transportation have been met.
                      (3) The requirement for the approval of a final court of competent jurisdiction shall be met
                  in all of the following categories, in order for a state license proceeding regarding waste to begin:
                      (a) transfer or transportation, by rail, truck, or other mechanisms;
                      (b) storage, including any temporary storage at a site away from the generating reactor;
                      (c) decay in storage;
                      (d) treatment; and

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                      (e) disposal.
                      (4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category listed
                  in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the governor, with the
                  concurrence of the attorney general, shall certify in writing to the executive director of the
                  Department of Environmental Quality that all of the requirements have been met, and that any
                  necessary state licensing processes may begin.
                      (b) Separate certification under this Subsection (4) shall be given for each category in
                  Subsection (3).
                      (5) (a) The department shall make, by rule, a determination of the dollar amount of the health
                  and economic costs expected to result from a reasonably foreseeable accidental release of waste
                  involving a transfer facility or storage facility, or during transportation of waste, within the exterior
                  boundaries of the state. The department may initiate rulemaking under this Subsection (5)(a) on or
                  after the effective date of this act.
                      (b) (i) The department shall also determine the dollar amount currently available to cover
                  the costs as determined in Subsection (5)(a):
                      (A) under nuclear industry self-insurance;
                      (B) under federal insurance requirements; and
                      (C) in federal monies.
                      (ii) The department may not include any calculations of federal monies that may be
                  appropriated in the future in determining the amount under Subsection (5)(b)(i).
                      (c) The department shall use the information compiled under Subsections (5)(a) and (b) to
                  determine the amount of unfunded potential liability in the event of a release of waste from a storage
                  or transfer facility, or a release during the transportation of waste.
                      (6) (a) State agencies may not, for the purpose of providing any goods, services, or
                  municipal-type services to a storage facility or transfer facility, or to any organization engaged in the
                  transportation of waste, enter into any contracts or any other agreements prior to:
                      (i) the satisfaction of the conditions in Subsection (4); and
                      (ii) the executive director of the department having certified that the requirements of

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                  Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application
                  proceeding for a storage facility or transfer facility.
                      (b) Political subdivisions of the state may not enter into any contracts or any other
                  agreements for the purpose of providing any goods, services, or municipal-type services to a storage
                  facility or transfer facility, or to any organization engaged in the transportation of waste.
                      (c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
                  authority granted to it by law.
                      (7) (a) Notwithstanding any other provision of law, any political subdivision may not be
                  formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
                  municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
                  conditions in Subsection (4). These political subdivisions include:
                      (i) a cooperative;
                      (ii) a special district authorized by Title 17A, Special Districts;
                      (iii) a limited purpose local governmental entities authorized by Title 17, Counties;
                      (iv) any joint power agreement authorized by Title 11, Cities, Counties, and Local Taxing
                  Units; and
                      (v) the formation of a municipality, or any authority of a municipality authorized by Title
                  10, Utah Municipal Code.
                      (b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision authorized
                  and formed under the laws of the state on or after the effective date of this act which subsequently
                  contracts to, or in any manner agrees to provide, or does provide goods, services, or municipal-type
                  services to a storage facility or transfer facility is formed in violation of Subsection (7)(a).
                      (ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political
                  subdivision are considered to have knowingly violated a provision of this part, and the penalties of
                  Section 19-3-312 apply.
                      (8) (a) An organization may not be formed for the purpose of providing any goods, services,
                  or municipal-type services to a storage facility or transfer facility prior to:
                      (i) the satisfaction of the conditions in Subsection (4); and

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                      (ii) the executive director of the department having certified that the requirements of
                  Sections 19-3-304 through 19-3-308 have been met.
                      (b) A foreign organization may not be registered to do business in the state for the purpose
                  of providing any goods, services, or municipal-type services to a storage facility or transfer facility
                  prior to:
                      (i) the satisfaction of the conditions in Subsection (4); and
                      (ii) the executive director of the department having certified that the requirements of
                  Sections 19-3-304 through 19-3-308 have been met.
                      (c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
                      (i) the formation of a new organization or registration of a foreign organization within the
                  state, any of whose purposes are to provide goods, services, or municipal-type services to a storage
                  facility or transfer facility may not be licensed or registered in the state, and the local or foreign
                  organization is void and does not have authority to operate within the state;
                      (ii) any organization which is formed or registered on or after the effective date of this act,
                  and which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
                  services, or municipal-type services to a storage facility or transfer facility has been formed or
                  registered in violation of Subsection (8)(a) or (b) respectively; and
                      (iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the organization
                  or the principals of the foreign organization, are considered to have knowingly violated a provision
                  of this part, and are subject to the penalties in Section 19-3-312 .
                      (9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
                  services to any organization engaging in, or attempting to engage in the placement of high-level
                  nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility within
                  the state are declared to be against the greater public interest, health, and welfare of the state, by
                  promoting an activity which has the great potential to cause extreme public harm.
                      (ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or informal,
                  are declared to be void from inception, agreement, or execution as against public policy.
                      (b) (i) Any contract or other agreement to provide goods, services, or municipal-type services

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                  to storage or transfer facilities may not be executed within the state.
                      (ii) Any contract or other agreement, existing or executed on or after the effective date of
                  this act, is considered void from the time of agreement or execution.
                      (10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
                  transaction fee of 75% of the gross value of the contract to the party providing the goods, services,
                  or municipal-type services to the storage facility or transfer facility or transportation entity. The fee
                  shall be assessed per calendar year, and is payable on a prorated basis on or before the last day of
                  each month in accordance with rules established under Subsection (10)(d), and as follows:
                      (i) 25% of the gross value of the contract to the department; and
                      (ii) 50% of the gross value of the contract to the Department of Community and Economic
                  Development, to be used by the Utah Division of Indian Affairs as provided in Subsection (11).
                      (b) Contracts and agreements subject to the fee under Subsection (10)(a) are those contracts
                  and agreements to provide goods, services, or municipal-type services to a storage or transfer facility,
                  or to any organization engaged in the transportation of high-level nuclear waste or greater than class
                  C radioactive waste to a transfer facility or storage facility, and which:
                      (i) are in existence on the effective date of this act; or
                      (ii) become effective notwithstanding Subsection (9)(a).
                      (c) Any governmental agency which regulates the charges to consumers for services
                  provided by utilities or other organizations shall require the regulated utility or organization to
                  include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods, services,
                  or municipal-type services affected by Subsection (10)(b).
                      (d) (i) The department, in consultation with the State Tax Commission, shall establish rules
                  for the valuation of the contracts and assessment and collection of the fees, and other rules as
                  necessary to determine the amount of and collection of the fee under Subsection (10)(a). The
                  department may initiate rulemaking under this Subsection (d)(i) on or after the effective date of this
                  act.
                      (ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall make
                  a good faith estimate of the fee under Subsection (10)(a) for calender year 2001, and remit that

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                  amount to the department on or before July 31, 2001.
                      (11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to the
                  Department of Community and Economic Development for use by the Utah Division of Indian
                  Affairs shall be used for establishment of a statewide community and economic development
                  program for the tribes of Native American people within the exterior boundaries of the state who
                  have by tribal procedure established a position rejecting siting of any nuclear waste facility on their
                  reservation lands.
                      (b) The program under Subsection (11)(a) shall include:
                      (i) educational services and facilities;
                      (ii) health care services and facilities;
                      (iii) programs of economic development;
                      (iv) utilities;
                      (v) sewer;
                      (vi) street lighting;
                      (vii) roads and other infrastructure; and
                      (viii) oversight and staff support for the program.
                      (12) It is the intent of the Legislature that this part does not prohibit or interfere with a
                  person's exercise of the rights under the First Amendment to the Constitution of the United States
                  or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a storage facility
                  or transfer facility within the borders of the state for the placement of high-level nuclear waste or
                  greater than class C radioactive waste.
                      Section 9. Section 19-3-302 is amended to read:
                       19-3-302. Legislative intent.
                      (1) (a) The state of Utah enacts this part to prevent the placement of any high-level nuclear
                  waste or greater than class C radioactive waste in Utah. The state also recognizes that high-level
                  nuclear waste or greater than class C radioactive waste may be placed within the exterior boundaries
                  of the state, pursuant to a license from the federal government, or by the federal government itself,
                  in violation of this state law.

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                      (b) Due to this possibility, the state also enacts provisions in this part to regulate
                  transportation, transfer, storage, decay in storage, treatment, and disposal of any high-level nuclear
                  waste and greater than class C radioactive waste in Utah, thereby asserting and protecting the state's
                  interests in environmental and economic resources consistent with 42 U.S.C.A. 2011 et seq., Atomic
                  Energy Act and 42 U.S.C.A. 10101 et seq., Nuclear Waste Policy Act, should the federal government
                  decide to authorize any entity to operate, or operate itself, in violation of this state law.
                      (2) Neither the Atomic Energy Act nor the Nuclear Waste Policy Act provides for siting a
                  large privately owned high-level nuclear waste transfer, storage, decay in storage, or treatment
                  facility away from the vicinity of the reactors. The Atomic Energy Act and the Nuclear Waste Policy
                  Act specifically define authorized storage and disposal programs and activities. The state of Utah
                  in enacting this part is not preempted by federal law, since any proposed facilities that would be sited
                  in Utah are not contemplated or authorized by federal law and, in any circumstance, this part is not
                  contrary to or inconsistent with federal law or Congressional intent.
                      (3) The state of Utah has environmental and economic interests which do not involve nuclear
                  safety regulation, and which must be considered and complied with in siting a high-level nuclear
                  waste or greater than class C radioactive waste transfer, storage, decay in storage, treatment, or
                  disposal facility and in transporting these wastes in the state.
                      (4) An additional primary purpose of this part is to ensure protection of the state from
                  nonradiological hazards associated with any waste transportation, transfer, storage, decay in storage,
                  treatment, or disposal.
                      (5) The state recognizes the sovereign rights of Indian tribes within the state of Utah.
                  However, any proposed transfer, storage, decay in storage, treatment, or disposal facility located on
                  a reservation which directly affects and impacts state interests by creating off-reservation effects                   such
                  as potential or actual degradation of soils and groundwater, potential or actual contamination of
                  surface water, pollution of the ambient air, emergency planning costs, impacts on development,
                  agriculture, and ranching, and increased transportation activity, is subject to state jurisdiction.
                      (6) There is no tradition of regulation by the Indian tribes in Utah of high-level nuclear waste
                  or higher than class C radioactive waste. The state does have a long history of regulation of

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                  radioactive sources and natural resources and in the transfer, storage, treatment, and transportation
                  of materials and wastes throughout the state. The state finds that its interests are even greater when
                  nonmembers of an Indian tribe propose to locate a facility on tribal trust lands primarily to avoid
                  state regulation and state authorities under federal law.
                      (7) (a) This part is not intended to modify existing state requirements for obtaining
                  environmental approvals, permits, and licenses, including surface and groundwater permits and air
                  quality permits, when the permits are necessary under state and federal law to construct and operate
                  a high-level nuclear waste or greater than class C radioactive waste transfer, storage, decay in
                  storage, treatment, or disposal facility.
                      (b) Any source of air pollution proposed to be located within the state, including sources
                  located within the boundaries of an Indian reservation, which will potentially or actually have a
                  direct and significant impact on ambient air within the state, is required to obtain an approval order
                  and permit from the state under Section 19-2-108 .
                      (c) Any facility which will potentially or actually have a significant impact on the state's
                  surface or groundwater resources is required to obtain a permit under Section 19-5-107 even if
                  located within the boundaries of an Indian reservation.
                      (8) The state finds that the transportation, transfer, storage, decay in storage, treatment, and
                  disposal of high-level nuclear waste and greater than class C radioactive waste within the state is an
                  ultra-hazardous activity which carries with it the risk that any release of waste may result in
                  enormous economic and human injury.
                      Section 10. Section 19-3-303 is amended to read:
                       19-3-303. Definitions.
                      As used in this part:
                      (1) "Final judgment" means a final ruling or judgment, including any supporting opinion,
                  that determines the rights of the parties and concerning which all appellate remedies have been
                  exhausted or the time for appeal has expired.
                      (2) "Goods" means any materials or supplies, whether raw, processed, or manufactured.
                      [(1)] (3) "Greater than class C radioactive waste" means low-level radioactive waste that has

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                  higher concentrations of specific radionuclides than allowed for class C waste.
                      (4) "Gross value of the contract" means the totality of the consideration received for any
                  goods, services, or municipal-type services delivered or rendered in the state without any deduction
                  for expense paid or accrued with respect to it.
                      [(2)] (5) "High-level nuclear waste" has the same meaning as in Section 19-3-102 .
                      (6) "Municipal-type services" includes, but is not limited to:
                      (a) fire protection service;
                      (b) waste and garbage collection and disposal;
                      (c) planning and zoning;
                      (d) street lighting;
                      (e) life support and paramedic services;
                      (f) water;
                      (g) sewer;
                      (h) electricity;
                      (i) natural gas or other fuel; or
                      (j) law enforcement.
                      (7) "Organization" means a corporation, limited liability company, partnership, limited
                  liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake
                  an enterprise, whether or not for profit.
                      (8) "Placement" means transportation, transfer, storage, decay in storage, treatment, or
                  disposal.
                      (9) "Political subdivision" means any county, city, town, school district, public transit
                  district, redevelopment agency, special improvement or taxing district, or other governmental
                  subdivision or public corporation.
                      [(3)] (10) "Rule" means a rule made by the department under Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act.
                      (11) "Service" or "services" means any work or governmental program which provides a
                  benefit.

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                      [(4)] (12) "Storage facility" means any facility which stores, holds, or otherwise provides for
                  the emplacement of waste regardless of the intent to recover that waste for subsequent use,
                  processing, or disposal.
                      [(5)] (13) "Transfer facility" means any facility which transfers waste from and between
                  transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal
                  transfer points.
                      [(6)] (14) "Waste" or "wastes" means high-level nuclear waste and greater than class C
                  radioactive waste.
                      Section 11. Section 19-3-308 is amended to read:
                       19-3-308. Application fee and annual fees.
                  (1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or disposal facility
                  shall be accompanied by an initial fee of $5,000,000.
                      (b) The applicant shall subsequently pay an additional fee to cover the costs to the state
                  associated with review of the application, including costs to the state and the state's contractors for
                  permitting, technical, administrative, legal, safety, and emergency response reviews, planning,
                  training, infrastructure, and other impact analyses, studies, and services required to evaluate a
                  proposed facility.
                      (2) For the purpose of funding the state oversight and inspection of any waste transfer,
                  storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure,
                  including, but not limited to providing for state Department of Environmental Quality, state
                  Department of Transportation, state Department of Public Safety, and other state agencies' technical,
                  administrative, legal, infrastructure, maintenance, training, safety, socio-economic, law enforcement,
                  and emergency resources necessary to respond to these facilities, the owner or operator shall pay to
                  the state a fee as established by department rule under Section 63-38-3.2 , to be assessed:
                      (a) per ton of storage cask and high level nuclear waste per year for storage, decay in storage,
                  treatment, or disposal of high level nuclear waste;
                      (b) per ton of transportation cask and high level nuclear waste for each transfer of high level
                  nuclear waste;

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                      (c) per ton of storage cask and greater than class C radioactive waste for the storage, decay
                  in storage, treatment, or disposal of greater than class C radioactive waste; and
                      (d) per ton of transportation cask and greater than class C radioactive waste for each transfer
                  of greater than class C radioactive waste.
                      (3) Funds collected under Subsection (2) shall be placed in the [Nuclear Waste Facility
                  Oversight Restricted] Nuclear Accident and Hazard Compensation Account, created in [Section]
                  Subsection 19-3-309 (3).
                      (4) The owner or operator of the facility shall pay the fees imposed under this section to the
                  department on or before the 15th day of the month following the month in which the fee accrued.
                      (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to the
                  department by July 15 of that year.
                      Section 12. Section 19-3-309 is amended to read:
                       19-3-309. Restricted accounts.
                      (1) There is created within the General Fund a restricted account known as the "Nuclear
                  Waste Facility Oversight Account[.]" and referred to in this section as the "oversight account".
                      (2) (a) The oversight account shall be funded from the fees imposed and collected under
                  [this part] Subsections 19-3-308 (1)(a) and(b).
                      (b) The department shall deposit in the oversight account all fees collected under [this part
                  in the account] Subsections 19-3-308 (1)(a) and(b).
                      (c) The Legislature may appropriate the funds in this oversight account to departments of
                  state government as necessary for those departments to carry out their duties to implement this part.
                      (d) The [account shall earn interest, which shall be deposited in the account] department
                  shall account separately for monies paid into the oversight account for each separate application
                  made pursuant to Section 19-3-304 .
                      (3) (a) There is created within the General Fund a restricted account known as the "Nuclear
                  Accident and Hazard Compensation Account," to be referred to as the "compensation account"
                  within this part.
                      (b) The compensation account shall be funded from the fees assessed and collected under

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                  this part, except for Subsections 19-3-308 (1)(a) and (b).
                      (c) The department shall deposit in the compensation account all fees collected under this
                  part, except for those fees under Subsections 19-3-308 (1)(a) and (b).
                      (d) The compensation account shall earn interest, which shall be deposited in the account.
                      (e) The Legislature may appropriate the funds in the compensation account to the
                  departments of state government as necessary for those departments to comply with the requirements
                  of this part.
                      (4) On the date when a state license is issued in accordance with Subsection 19-3-301 (4)(a),
                  the Division of Finance shall transfer all fees remaining in the oversight account attributable to that
                  license into the compensation account.
                      Section 13. Section 19-3-312 is amended to read:
                       19-3-312. Enforcement -- Penalties.
                      (1) When the department or the governor has probable cause to believe a person is violating
                  or is about to violate any provision of this part, the department or the governor shall direct the state
                  attorney general to apply to the appropriate court for an order enjoining the person from engaging
                  in or continuing to engage in the activity.
                      (2) In addition to being subject to injunctive relief, any person who violates any provision
                  of this part is subject to a civil penalty of up to $10,000 per day for each violation.
                      (3) Any person who knowingly violates a provision of this part is guilty of a class A
                  misdemeanor and subject to a fine of up to $10,000 per day.
                      (4) Any person or organization acting to facilitate a violation of any provision of this part
                  regarding the regulation of greater than class C radioactive waste or high-level nuclear waste is
                  subject to a civil penalty of up to $10,000 per day for each violation, in addition to being subject to
                  injunctive relief.
                      (5) Any person or organization who knowingly acts to facilitate a violation of this part
                  regarding the regulation of high-level nuclear waste or greater than class C radioactive waste is guilty
                  of a class A misdemeanor and is subject to a fine of up to $10,000 per day.
                      (6) (a) This section does not impose a civil or criminal penalty on any Utah-based nonprofit

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                  trade association due to the membership in the organization of a member that is engaging in, or
                  attempting to engage in, the placement of high-level nuclear waste or greater than class C radioactive
                  waste at a storage facility or transfer facility within the state.
                      (b) Subsection (6)(a) does not apply to a nonprofit trade association if that association takes
                  any affirmative action to promote or assist any individual or organization in efforts to conduct any
                  activity prohibited by this part.
                      (c) A member of any Utah-based nonprofit trade association is not exempt from any civil
                  or criminal liability or penalty due to membership in the association.
                      Section 14. Section 19-3-319 is enacted to read:
                      19-3-319. State response to nuclear release and hazards.
                      (1) The state finds that the placement of high-level nuclear waste inside the exterior
                  boundaries of the state is an ultra-hazardous activity which may result in catastrophic economic and
                  environmental damage and irreparable human injury in the event of a release of waste, and which
                  may result in serious long-term health effects to workers at any transfer or storage facility, or to
                  workers involved in the transportation of the waste.
                      (2) (a) The state finds that procedures for providing funding for the costs incurred by any
                  release of waste, or for the compensation for the costs of long-term health effects are not adequately
                  addressed by existing law.
                      (b) Due to these concerns, the state has established a restricted account under Subsection
                  19-3-309 (3), known as the Nuclear Accident and Hazard Compensation Account, and referred to in
                  this section as the compensation account. One of the purposes of this account is to partially or
                  wholly compensate workers for these potential costs, as funds are available and appropriated for
                  these purposes.
                      (3) (a) The department shall require the applicant, and parent and subsidiary organizations
                  of the applicant, to pay to the department not less than 75% of the unfunded potential liability, as
                  determined under Subsection 19-3-301 (5), in the form of cash or cash equivalents. The payment
                  shall be made within 30 days after the date of the issuance of a license under this part.
                      (b) The department shall credit the amount due under Subsection 19-3-306 (10) against the

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                  amount due under this Subsection (3).
                      (c) If the payments due under this Subsection (3) are not made within 30 days, as required,
                  the executive director of the department shall cancel the license.
                      (4) (a) The department shall also require an annual fee from the holder of any license issued
                  under this part. This annual fee payment shall be calculated as:
                      (i) the aggregate amount of the annual payments required by Title 34A, Chapter 2, Workers'
                  Compensation Act, of the licensee and of all parties contracted to provide goods, services, or
                  municipal-type services to the licensee, regarding their employees who are working within the state
                  at any time during the calendar year; and
                      (ii) multiplied by the number of storage casks of waste present at any time and for any period
                  of time within the exterior borders of the state during the year for which the fee is assessed.
                      (b) (i) The licensee shall pay the fee under Subsection (4)(a) to the department. The
                  department shall deposit the fee in the compensation account created in Subsection 19-3-309 (3).
                      (ii) The fee shall be paid to the department on or before March 31 of each calendar year.
                      (5) The department shall use the fees paid under Subsection (4) to provide medical or death
                  benefits, or both, as is appropriate to the situation, to the following persons for death or any long
                  term health conditions of an employee proximately caused by the presence of the high-level nuclear
                  waste or greater than class C radioactive waste within the state, or a release of this waste within the
                  state that affects an employee's physical health:
                      (a) any employee of the holder of any license issued under this part, or employees of any
                  parties contracting to provide goods, services, transportation, or municipal-type services to the
                  licensee, if the employee is within the state at any time during the calendar year as part of his
                  employment; or
                      (b) that employee's family or beneficiaries.
                      (6) Payment of the fee under Subsection (4) does not exempt the licensee from compliance
                  with any other provision of law, including Title 34A, Chapter 2, regarding workers' compensation.
                      (7) (a) An agreement between an employer and an employee, the employee's family, or
                  beneficiaries requiring the employee to waive benefits under this section, requiring the employee to

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                  seek third party coverage, or requiring an employee contribution is void.
                      (b) Any employer attempting to secure any agreement prohibited under Subsection (7)(a)
                  is subject to the penalties of Section 19-3-312 .
                      (8) (a) The department, in consultation with the Division of Industrial Accidents within the
                  Labor Commission, shall by rule establish procedures regarding application for benefits, standards
                  for eligibility, estimates of annual payments, and payments.
                      (b) Payments under this section are in addition to any other payments or benefits allowed
                  by state or federal law, notwithstanding provisions in Title 34A, Chapter 2, regarding workers'
                  compensation.
                      (c) Payments or obligations to pay under this section may not exceed funds appropriated for
                  these purposes by the Legislature.
                      (9) (a) Any fee or payment imposed under this section does not apply to any Utah-based
                  nonprofit trade association due to the membership in the organization of a member that is engaging
                  in, or attempting to engage in, the placement of high-level nuclear waste or greater than class C
                  radioactive waste at a storage facility or transfer facility within the state.
                      (b) Subsection (9)(a) does not apply to a nonprofit trade association if that association takes
                  any affirmative action to promote or assist any individual or organization in efforts to conduct any
                  activity prohibited by this part.
                      (c) A member of any Utah-based nonprofit trade association is not exempt from any fee or
                  payment under this section due to membership in the association.
                      Section 15. Section 34-38-3 is amended to read:
                       34-38-3. Testing for drugs or alcohol.
                      (1) It is not unlawful for an employer to test employees or prospective employees for the
                  presence of drugs or alcohol, in accordance with the provisions of this chapter, as a condition of
                  hiring or continued employment. However, employers and management in general [must] shall
                  submit to the testing themselves on a periodic basis.
                      (2) (a) Any organization which is operating a storage facility or transfer facility or which is
                  engaged in the transportation of high-level nuclear waste or greater than class C radioactive waste

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                  within the exterior boundaries of the state shall establish a mandatory drug testing program regarding
                  drugs and alcohol for prospective and existing employees as a condition of hiring any employee or
                  the continued employment of any employee. As a part of the program, employers and management
                  in general shall submit to the testing themselves on a periodic basis. The program shall implement
                  testing standards and procedures established under Subsection (2)(b).
                      (b) The executive director of the Department of Environmental Quality, in consultation with
                  the Labor Commission under Section 34A-1-103 , shall by rule establish standards for timing of
                  testing and dosage for impairment for the drug and alcohol testing program under this Subsection
                  (2). The standards shall address the protection of the safety, health, and welfare of the public.
                      Section 16. Section 73-4-1 is amended to read:
                       73-4-1. By engineer on petition of users.
                      (1) Upon a verified petition to the state engineer, signed by five or more or a majority of
                  water users upon any stream or water source, requesting the investigation of the relative rights of the
                  various claimants to the waters of such stream or water source, it shall be the duty of the state
                  engineer, if upon such investigation he finds the facts and conditions are such as to justify a
                  determination of said rights, to file in the district court an action to determine the various rights. In
                  any suit involving water rights the court may order an investigation and survey by the state engineer
                  of all the water rights on the source or system involved.
                      (2) (a) As used in this section, "executive director" means the executive director of the
                  Department of Environmental Quality.
                      (b) The executive director, with the concurrence of the governor, may request that the state
                  engineer file in the district court an action to determine the various water rights in the stream, water
                  source, or basin for an area within the exterior boundaries of the state for which any person or
                  organization or the federal government is actively pursuing or processing a license application for
                  a storage facility or transfer facility for high-level nuclear waste or greater than class C radioactive
                  waste.
                      (c) Upon receipt of a request made under Subsection (2)(b), the state engineer shall file the
                  action in the district court.

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                      (d) If a general adjudication has been filed in the state district court regarding the area
                  requested pursuant to Subsection (2)(b), the state engineer and the state attorney general shall join
                  the United States as a party to the action.
                      Section 17. Effective date.
                      If approved by two-thirds of all the members elected to each house, this act takes effect upon
                  approval by the governor, or the day following the constitutional time limit of Utah Constitution
                  Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
                  override.
                      Section 18. Coordination clause.
                      It is the intent of the Legislature that in preparing the Utah Code database for publication, the
                  Office of Legislative Research and General Counsel is directed to replace the language, "the effective
                  date of this act," in Section 19-3-301 with the actual effective date of this act.

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