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First Substitute S.B. 81
6 This act modifies the Environmental Quality Code, the County Land Use Development and
7 Management Act, the Labor Code regarding drug and alcohol testing, and the Water and
8 Irrigation Code regarding determination of water rights. The act prohibits the placement
9 of high-level nuclear waste or greater than class C radioactive waste within the exterior
10 borders of the state, and prohibits governmental entities or businesses from providing
11 services to facilitate the placement of the waste in the state. However, should the federal
12 government authorize such placement, the act requires mandatory planning by the site
13 county, including a public hearing. The act provides that an entity may not apply for a state
14 license for the transportation, transfer, or storage of high-level nuclear waste or greater than
15 class C radioactive waste until a final court ruling is given regarding the state provisions.
16 The act also prohibits a county from providing municipal-type services to a site under
17 consideration for a facility, entering into contracts to provide the services, or creating
18 political subdivisions to provide the services until a license is authorized. The act provides
19 that persons or organizations acting in violation of these provisions are subject to penalties.
20 The act requires the Department of Environmental Quality to determine the amount of
21 unfunded potential liability regarding a release of the waste from a facility. Should a facility
22 gain a license, the act imposes on any organization providing municipal-type services a
23 transaction fee of 75% of the value of a contract. This fee is to be applied to the unfunded
24 potential liability and is to be deposited in a restricted account created by this act. In
25 addition, the license applicant is required to deposit in this account not less than 75% of the
26 determined unfunded potential liability within 30 days of issuance of the license for the
27 facility. The licensee is also required to pay an annual fee of the amount of workers'
28 compensation to be paid for employees in the state, multiplied by the number of casks of
29 nuclear waste brought into the state. This fee is also to be deposited in the account. The fee
30 does not exempt the licensee from payments for workers' compensation, also. The act also
31 requires the licensee to test employees for drug and alcohol, to protect the safety of the
32 public. The act also provides for the state engineer to file an action in court to determine
33 water rights for any area within the state's exterior boundaries regarding which any entity
34 is actively seeking a license for a nuclear waste facility. This act takes effect upon approval.
35 This act affects sections of Utah Code Annotated 1953 as follows:
37 17-27-102, as last amended by Chapter 93, Laws of Utah 1992
38 17-27-301, as last amended by Chapter 34, Laws of Utah 2000
39 17-27-303, as last amended by Chapter 23, Laws of Utah 1992
40 17-34-1, as repealed and reenacted by Chapter 199, Laws of Utah 2000
41 19-3-301, as last amended by Chapter 348, Laws of Utah 1998
42 19-3-302, as enacted by Chapter 348, Laws of Utah 1998
43 19-3-303, as enacted by Chapter 348, Laws of Utah 1998
44 19-3-308, as enacted by Chapter 348, Laws of Utah 1998
45 19-3-309, as enacted by Chapter 348, Laws of Utah 1998
46 19-3-312, as enacted by Chapter 348, Laws of Utah 1998
47 34-38-3, as enacted by Chapter 234, Laws of Utah 1987
48 73-4-1, Utah Code Annotated 1953
50 19-3-319, Utah Code Annotated 1953
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 17-27-102 is amended to read:
53 17-27-102. Purpose.
54 (1) To accomplish the purpose of this chapter, and in order to provide for the health,
55 safety, and welfare, and promote the prosperity, improve the morals, peace and good order,
56 comfort, convenience, and aesthetics of the county and its present and future inhabitants and
57 businesses, to protect the tax base, secure economy in governmental expenditures, foster the state's
58 agricultural and other industries, protect both urban and nonurban development, and to protect
59 property values, counties may enact all ordinances, resolutions, and rules that they consider
60 necessary for the use and development of land within the county, including ordinances, resolutions,
61 and rules governing uses, density, open spaces, structures, buildings, energy-efficiency, light and
62 air, air quality, transportation and public or alternative transportation, infrastructure, public
63 facilities, vegetation, and trees and landscaping, unless those ordinances, resolutions, or rules are
64 expressly prohibited by law.
65 (2) A county shall comply with the mandatory provisions of this part before any agreement
66 or contract to provide goods, services, or municipal-type services to any storage facility or transfer
67 facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed
68 or implemented.
69 Section 2. Section 17-27-301 is amended to read:
70 17-27-301. General plan.
71 (1) In order to accomplish the purposes set forth in this chapter, each county shall prepare
72 and adopt a comprehensive general plan for:
73 (a) the present and future needs of the county; and
74 (b) the growth and development of the land within the county or any part of the county,
75 including uses of land for urbanization, trade, industry, residential, agricultural, wildlife habitat,
76 and other purposes.
77 (2) The plan may provide for:
78 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
79 activities, aesthetics, and recreational, educational, and cultural opportunities;
80 (b) the reduction of the waste of physical, financial, or human resources that result from
81 either excessive congestion or excessive scattering of population;
82 (c) the efficient and economical use, conservation, and production of the supply of:
83 (i) food and water; and
84 (ii) drainage, sanitary, and other facilities and resources;
85 (d) the use of energy conservation and solar and renewable energy resources;
86 (e) the protection of urban development;
87 (f) the protection and promotion of air quality; and
88 (g) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation Corridor
90 (3) The plan shall include specific provisions related to any areas within, or partially
91 within, the exterior boundaries of the county, or contiguous to the boundaries of a county, which
92 are proposed for the siting of a storage facility or transfer facility for the placement of high-level
93 nuclear waste or greater than class C radioactive nuclear waste. The provisions shall address the
94 effects of the proposed site upon the health and general welfare of citizens of the state, and shall
96 (a) the information identified in Section 19-3-305 ;
97 (b) information supported by credible studies that demonstrates that the provisions of
98 Subsection 19-3-307 (2) have been satisfied; and
99 (c) specific measures to mitigate the effects of high-level nuclear waste and greater than
100 class C radioactive waste and guarantee the health and safety of the citizens of the state.
102 necessary for the county's economic stability.
104 general plan.
105 Section 3. Section 17-27-303 is amended to read:
106 17-27-303. Plan adoption.
107 (1) (a) After completing a proposed general plan for all or part of the area within the
108 county, the planning commission shall schedule and hold a public hearing on the proposed plan.
109 (b) The planning commission shall provide reasonable notice of the public hearing at least
110 14 days before the date of the hearing.
111 (c) After the public hearing, the planning commission may make changes to the proposed
112 general plan.
113 (2) The planning commission shall then forward the proposed general plan to the
114 legislative body.
115 (3) (a) The legislative body shall hold a public hearing on the proposed general plan
116 recommended to it by the planning commission.
117 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
118 days before the date of the hearing.
119 (4) (a) (i) In addition to the requirements of Subsections (1), (2), and (3), the legislative
120 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
121 regarding Subsection 17-27-301 (3). The hearing procedure shall comply with this Subsection (4).
122 (ii) The hearing format shall allow adequate time for public comment at the actual public
123 hearing, and shall also allow for public comment in writing to be submitted to the legislative body
124 for not fewer than 90 days after the date of the public hearing.
125 (b) (i) The legislative body shall give notice of the hearing in accordance with this
126 Subsection (4) when the proposed plan provisions required by Subsection 17-27-301 (3) are
128 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of the
129 state Legislature, executive director of the Department of Environmental Quality, the state
130 planning coordinator under Section 63-28-1 , the Resource Development Coordinating Committee
131 pursuant to Section 63-28a-2 , and any other citizens or entities who specifically request notice in
133 (iii) Public notice shall be given by publication in at least one major Utah newspaper
134 having broad general circulation in the state, and also in at least one Utah newspaper having a
135 general circulation focused mainly on the county where the proposed high-level nuclear waste or
136 greater than class C radioactive waste site is to be located.
137 (iv) The notice in these newspapers shall be published not fewer than 180 days prior to
138 the date of the hearing to be held under this Subsection (4), to allow reasonable time for interested
139 parties and the state to evaluate the information regarding the provisions of Subsection
140 17-27-301 (3).
142 any modifications to the proposed general plan that it considers appropriate.
143 (b) The legislative body shall respond in writing and in a substantive manner to all those
144 providing comments as a result of the hearing required by Subsection (4).
146 (a) adopt the proposed general plan without amendment;
147 (b) amend the proposed general plan and adopt or reject it as amended; or
148 (c) reject the proposed general plan.
150 provision required by Subsection 17-27-301 (3), which the legislative body shall adopt.
151 (b) The legislative body may adopt an ordinance mandating compliance with the general
152 plan, and shall adopt an ordinance requiring compliance with all provisions of Subsection
153 17-27-301 (3).
154 Section 4. Section 17-34-1 is amended to read:
155 17-34-1. Counties may provide municipal services -- First class counties required to
156 provide paramedic services.
157 (1) For purposes of this chapter, [
158 Subsection (3):
159 (a) "Greater than class C radioactive waste" has the same meaning as in Section 19-3-303 .
160 (b) "High-level nuclear waste" has the same meaning as in Section 19-3-303 .
161 (c) "Municipal-type services" means:
168 appropriated, and accounted for from a municipal services fund or a municipal capital projects
169 fund as defined under Chapter 36, Uniform Fiscal Procedures Act for Counties.
170 (d) "Placement" has the same meaning as in Section 19-3-303 .
171 (e) "Storage facility" has the same meaning as in Section 19-3-303 .
172 (f) "Transfer facility" has the same meaning as in Section 19-3-303 .
173 (2) A county may:
174 (a) provide municipal-type services to areas of the county outside the limits of cities and
175 towns without providing the same services to cities or towns;
176 (b) fund those services by:
177 (i) levying a tax on taxable property in the county outside the limits of cities and towns;
179 (ii) charging a service charge or fee to persons benefitting from the municipal-type
181 (3) A county may not:
182 (a) provide, contract to provide, or agree in any manner to provide municipal-type services,
183 as these services are defined in Section 19-3-303 , to any area under consideration for a storage
184 facility or transfer facility for the placement of high-level nuclear waste, or greater than class C
185 radioactive waste; or
186 (b) seek to fund services for these facilities by:
187 (i) levying a tax; or
188 (ii) charging a service charge or fee to persons benefitting from the municipal type
191 services to the area of the county outside the limits of cities and towns.
192 Section 5. Section 19-3-301 is amended to read:
193 19-3-301. Restrictions on nuclear waste placement in state.
194 (1) The [
195 storage, treatment, or disposal, [
196 waste or greater than class C radioactive waste [
197 (2) Notwithstanding Subsection (1) the governor, after consultation with the county
198 executive and county legislative body of the affected county and with concurrence of the
199 Legislature, may specifically [
201 (a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the Nuclear
202 Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A. 2011 et seq.,
203 for the placement within the exterior boundaries of Utah of high-level nuclear waste or greater than
204 class C radioactive waste; and
205 (ii) the authority of the federal Nuclear Regulatory Commission to grant a license under
206 Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent jurisdiction; or
207 (b) an agency of the federal government is transporting the waste, and all state and federal
208 requirements to proceed with the transportation have been met.
209 (3) The requirement for the approval of a final court of competent jurisdiction shall be met
210 in all of the following categories, in order for a state license proceeding regarding waste to begin:
211 (a) transfer or transportation, by rail, truck, or other mechanisms;
212 (b) storage, including any temporary storage at a site away from the generating reactor;
213 (c) decay in storage;
214 (d) treatment; and
215 (e) disposal.
216 (4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category listed
217 in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the governor, with
218 the concurrence of the attorney general, shall certify in writing to the executive director of the
219 Department of Environmental Quality that all of the requirements have been met, and that any
220 necessary state licensing processes may begin.
221 (b) Separate certification under this Subsection (4) shall be given for each category in
222 Subsection (3).
223 (5) (a) The department shall make, by rule, a determination of the dollar amount of the
224 health and economic costs expected to result from a reasonably foreseeable accidental release of
225 waste involving a transfer facility or storage facility, or during transportation of waste, within the
226 exterior boundaries of the state. The department may initiate rulemaking under this Subsection
227 (5)(a) on or after the effective date of this act.
228 (b) (i) The department shall also determine the dollar amount currently available to cover
229 the costs as determined in Subsection (5)(a):
230 (A) under nuclear industry self-insurance;
231 (B) under federal insurance requirements; and
232 (C) in federal monies.
233 (ii) The department may not include any calculations of federal monies that may be
234 appropriated in the future in determining the amount under Subsection (5)(b)(i).
235 (c) The department shall use the information compiled under Subsections (5)(a) and (b)
236 to determine the amount of unfunded potential liability in the event of a release of waste from a
237 storage or transfer facility, or a release during the transportation of waste.
238 (6) State agencies and political subdivisions of the state may not, for the purpose of
239 providing any goods, services, or municipal-type services to a storage facility or transfer facility,
240 or to any organization engaged in the transportation of waste, enter into any contracts or any other
241 agreements prior to:
242 (a) the satisfaction of the conditions in Subsection (4); and
243 (b) the executive director of the department having certified that the requirements of
244 Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application
245 proceeding for a storage facility or transfer facility.
246 (7) This section does not prohibit a state agency from exercising the regulatory authority
247 granted to it by law.
248 (8) (a) Notwithstanding any other provision of law, any political subdivision may not be
249 formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
250 municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
251 conditions in Subsection (4). These political subdivisions include:
252 (i) a cooperative;
253 (ii) a special district authorized by Title 17A, Special Districts;
254 (iii) a limited purpose local governmental entities authorized by Title 17, Counties;
255 (iv) any joint power agreement authorized by Title 11, Cities, Counties, and Local Taxing
256 Units; and
257 (v) the formation of a municipality, or any authority of a municipality authorized by Title
258 10, Utah Municipal Code.
259 (b) (i) Subsection (8)(a) shall be strictly interpreted. Any political subdivision authorized
260 and formed under the laws of the state after the effective date of this act which subsequently
261 contracts to, or in any manner agrees to provide, or does provide goods, services, or municipal-type
262 services to a storage facility or transfer facility is formed in violation of Subsection (8)(a).
263 (ii) If the conditions of Subsection (8)(b)(i) apply, the persons who formed the political
264 subdivision are considered to have knowingly violated a provision of this part, and the penalties
265 of Section 19-3-312 apply.
266 (9) (a) An organization may not be formed for the purpose of providing any goods,
267 services, or municipal-type services to a storage facility or transfer facility prior to:
268 (i) the satisfaction of the conditions in Subsection (4); and
269 (ii) the executive director of the department having certified that the requirements of
270 Sections 19-3-304 through 19-3-308 have been met.
271 (b) A foreign organization may not be registered to do business in the state for the purpose
272 of providing any goods, services, or municipal-type services to a storage facility or transfer facility
273 prior to:
274 (i) the satisfaction of the conditions in Subsection (4); and
275 (ii) the executive director of the department having certified that the requirements of
276 Sections 19-3-304 through 19-3-308 have been met.
277 (c) The prohibitions of Subsections (9)(a) and (b) shall be strictly applied, and:
278 (i) the formation of a new organization or registration of a foreign organization within the
279 state, any of whose purposes are to provide goods, services, or municipal-type services to a storage
280 facility or transfer facility may not be licensed or registered in the state, and the local or foreign
281 organization is void and does not have authority to operate within the state;
282 (ii) any organization which is formed or registered after the effective date of this act, and
283 which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
284 services, or municipal-type services to a storage facility or transfer facility has been formed or
285 registered in violation of Subsection (9)(a) or (b) respectively; and
286 (iii) if the conditions of Subsection (9)(c)(ii) apply, the persons who formed the
287 organization or the principals of the foreign organization, are considered to have knowingly
288 violated a provision of this part, and are subject to the penalties in Section 19-3-312 .
289 (10) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
290 services to any organization engaging in, or attempting to engage in the placement of high-level
291 nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
292 within the state are declared to be against the greater public interest, health, and welfare of the
293 state, by promoting an activity which has the great potential to cause extreme public harm.
294 (ii) These contracts or agreements under Subsection (10)(a)(i), whether formal or informal,
295 are declared to be void from inception, agreement, or execution as against public policy.
296 (b) (i) Any contract or other agreement to provide goods, services, or municipal-type
297 services to storage or transfer facilities may not be executed within the state.
298 (ii) Any contract or other agreement, existing or executed after the effective date of this
299 act, is considered void from the time of agreement or execution.
300 (11) (a) All contracts and agreements under Subsection (11)(b) are assessed an annual
301 transaction fee of 75% of the gross value of the contract to the party providing the goods, services,
302 or municipal-type services to the storage facility or transfer facility or transportation entity. The
303 fee shall be assessed per calendar year, and is payable to the department on a prorated basis on or
304 before the last day of each month.
305 (b) Contracts and agreements subject to the fee under Subsection (11)(a) are those
306 contracts and agreements to provide goods, services, or municipal-type services to a storage or
307 transfer facility, or to any organization engaged in the transportation of high-level nuclear waste
308 or greater than class C radioactive waste to a transfer facility or storage facility, and which:
309 (i) are in existence on the effective date of this act; or
310 (ii) become effective notwithstanding Subsection (10)(a).
311 (c) Any governmental agency which regulates the charges to consumers for services
312 provided by utilities or other organizations shall require the regulated utility or organization to
313 include the fees under Subsection (11)(a) in the rates charged to the purchaser of the goods,
314 services, or municipal-type services affected by Subsection (11)(b).
315 (d) (i) The department, in consultation with the State Tax Commission, shall establish
316 rules for the valuation of the contracts and assessment and collection of the fees, and other rules
317 as necessary to determine the amount of and collection of the fee under Subsection (11)(a). The
318 department may initiate rulemaking under this subsection on or after the effective date of this act.
319 (ii) Persons and organizations holding contracts affected by Subsection (11)(b) shall make
320 a good faith estimate of the fee under Subsection (11)(a) for calender year 2001, and remit that
321 amount to the department on or before July 31, 2001.
322 Section 6. Section 19-3-302 is amended to read:
323 19-3-302. Legislative intent.
324 (1) (a) The state of Utah enacts this part to prevent the placement of any high-level nuclear
325 waste or greater than class C radioactive waste in Utah. The state also recognizes that high-level
326 nuclear waste or greater than class C radioactive waste may be placed within the exterior
327 boundaries of the state, pursuant to a license from the federal government, or by the federal
328 government itself, in violation of this state law.
329 (b) Due to this possibility, the state also enacts provisions in this part to regulate
330 transportation, transfer, storage, decay in storage, treatment, and disposal of any high-level nuclear
331 waste and greater than class C radioactive waste in Utah, thereby asserting and protecting the
332 state's interests in environmental and economic resources consistent with 42 U.S.C.A. 2011 et seq.,
333 Atomic Energy Act and 42 U.S.C.A. 10101 et seq., Nuclear Waste Policy Act, should the federal
334 government decide to authorize any entity to operate, or operate itself, in violation of this state law.
335 (2) Neither the Atomic Energy Act nor the Nuclear Waste Policy Act provides for siting
336 a large privately owned high-level nuclear waste transfer, storage, decay in storage, or treatment
337 facility away from the vicinity of the reactors. The Atomic Energy Act and the Nuclear Waste
338 Policy Act specifically define authorized storage and disposal programs and activities. The state
339 of Utah in enacting this part is not preempted by federal law, since any proposed facilities that
340 would be sited in Utah are not contemplated or authorized by federal law and, in any circumstance,
341 this part is not contrary to or inconsistent with federal law or Congressional intent.
342 (3) The state of Utah has environmental and economic interests which do not involve
343 nuclear safety regulation, and which must be considered and complied with in siting a high-level
344 nuclear waste or greater than class C radioactive waste transfer, storage, decay in storage,
345 treatment, or disposal facility and in transporting these wastes in the state.
346 (4) An additional primary purpose of this part is to ensure protection of the state from
347 nonradiological hazards associated with any waste transportation, transfer, storage, decay in
348 storage, treatment, or disposal.
349 (5) The state recognizes the sovereign rights of Indian tribes within the state of Utah.
350 However, any proposed transfer, storage, decay in storage, treatment, or disposal facility located
351 on a reservation which directly affects and impacts state interests by creating off-reservation effects
352 such as potential or actual degradation of soils and groundwater, potential or actual contamination
353 of surface water, pollution of the ambient air, emergency planning costs, impacts on development,
354 agriculture, and ranching, and increased transportation activity, is subject to state jurisdiction.
355 (6) There is no tradition of regulation by the Indian tribes in Utah of high-level nuclear
356 waste or higher than class C radioactive waste. The state does have a long history of regulation
357 of radioactive sources and natural resources and in the transfer, storage, treatment, and
358 transportation of materials and wastes throughout the state. The state finds that its interests are
359 even greater when nonmembers of an Indian tribe propose to locate a facility on tribal trust lands
360 primarily to avoid state regulation and state authorities under federal law.
361 (7) (a) This part is not intended to modify existing state requirements for obtaining
362 environmental approvals, permits, and licenses, including surface and groundwater permits and
363 air quality permits, when the permits are necessary under state and federal law to construct and
364 operate a high-level nuclear waste or greater than class C radioactive waste transfer, storage, decay
365 in storage, treatment, or disposal facility.
366 (b) Any source of air pollution proposed to be located within the state, including sources
367 located within the boundaries of an Indian reservation, which will potentially or actually have a
368 direct and significant impact on ambient air within the state, is required to obtain an approval order
369 and permit from the state under Section 19-2-108 .
370 (c) Any facility which will potentially or actually have a significant impact on the state's
371 surface or groundwater resources is required to obtain a permit under Section 19-5-107 even if
372 located within the boundaries of an Indian reservation.
373 (8) The state finds that the transportation, transfer, storage, decay in storage, treatment, and
374 disposal of high-level nuclear waste and greater than class C radioactive waste within the state is
375 an ultra-hazardous activity which carries with it the risk that any release of waste may result in
376 enormous economic and human injury.
377 Section 7. Section 19-3-303 is amended to read:
378 19-3-303. Definitions.
379 As used in this part:
380 (1) "Final judgment" means a final ruling or judgment, including any supporting opinion,
381 that determines the rights of the parties and concerning which all appellate remedies have been
382 exhausted or the time for appeal has expired.
383 (2) "Goods" means any materials or supplies, whether raw, processed, or manufactured.
385 has higher concentrations of specific radionuclides than allowed for class C waste.
387 (5) "Municipal-type services includes, but is not limited to:
388 (a) fire protection service;
389 (b) waste and garbage collection and disposal;
390 (c) planning and zoning;
391 (d) street lighting;
392 (e) life support and paramedic services;
393 (f) water;
394 (g) sewer;
395 (h) electricity;
396 (i) natural gas or other fuel; or
397 (j) law enforcement.
398 (6) "Organization" means a corporation, limited liability company, partnership, limited
399 liability partnership, joint venture, consortium, association, trust, or other entity formed to
400 undertake an enterprise, whether or not for profit.
401 (7) "Placement" means transportation, transfer, storage, decay in storage, treatment, or
403 (8) "Political subdivision" means any county, city, town, school district, public transit
404 district, redevelopment agency, special improvement or taxing district, or other governmental
405 subdivision or public corporation.
407 Administrative Rulemaking Act.
408 (10) "Service" or "services" means any work or governmental program which provides a
411 for the emplacement of waste regardless of the intent to recover that waste for subsequent use,
412 processing, or disposal.
414 transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal
415 transfer points.
417 radioactive waste.
418 Section 8. Section 19-3-308 is amended to read:
419 19-3-308. Application fee and annual fees.
420 (1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or
421 disposal facility shall be accompanied by an initial fee of $5,000,000.
422 (b) The applicant shall subsequently pay an additional fee to cover the costs to the state
423 associated with review of the application, including costs to the state and the state's contractors for
424 permitting, technical, administrative, legal, safety, and emergency response reviews, planning,
425 training, infrastructure, and other impact analyses, studies, and services required to evaluate a
426 proposed facility.
427 (2) For the purpose of funding the state oversight and inspection of any waste transfer,
428 storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure,
429 including, but not limited to providing for state Department of Environmental Quality, state
430 Department of Transportation, state Department of Public Safety, and other state agencies'
431 technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic, law
432 enforcement, and emergency resources necessary to respond to these facilities, the owner or
433 operator shall pay to the state a fee as established by department rule under Section 63-38-3.2 , to
434 be assessed:
435 (a) per ton of storage cask and high level nuclear waste per year for storage, decay in
436 storage, treatment, or disposal of high level nuclear waste;
437 (b) per ton of transportation cask and high level nuclear waste for each transfer of high
438 level nuclear waste;
439 (c) per ton of storage cask and greater than class C radioactive waste for the storage, decay
440 in storage, treatment, or disposal of greater than class C radioactive waste; and
441 (d) per ton of transportation cask and greater than class C radioactive waste for each
442 transfer of greater than class C radioactive waste.
443 (3) Funds collected under Subsection (2) shall be placed in the [
445 Subsection 19-3-309 (3).
446 (4) The owner or operator of the facility shall pay the fees imposed under this section to
447 the department on or before the 15th day of the month following the month in which the fee
449 (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to the
450 department by July 15 of that year.
451 Section 9. Section 19-3-309 is amended to read:
452 19-3-309. Restricted account.
453 (1) There is created within the General Fund a restricted account known as the "Nuclear
454 Waste Facility Oversight Account[
455 (2) (a) The oversight account shall be funded from the fees imposed and collected under
457 (b) The department shall deposit in the oversight account all fees collected under [
459 (c) The Legislature may appropriate the funds in this oversight account to departments of
460 state government as necessary for those departments to carry out their duties to implement this
462 (d) The [
463 shall account separately for monies paid into the oversight account for each separate application
464 made pursuant to Section 19-3-304 .
465 (3) (a) There is created within the General Fund a restricted account known as the "Nuclear
466 Accident and Hazard Compensation Account, " to be referred to as the "compensation account"
467 within this part.
468 (b) The compensation account shall be funded from the fees assessed and collected under
469 this part, except for Subsections 19-3-308 (1)(a) and (b).
470 (c) The department shall deposit in the compensation account all fees collected under this
471 part, except for those fees under Subsections 19-3-308 (1)(a) and (b).
472 (d) The compensation account shall earn interest, which shall be deposited in the account.
473 (e) The Legislature may appropriate the funds in the compensation account to the
474 departments of state government as necessary for those departments to comply with the
475 requirements of this part.
476 (4) On the date when a state license is issued in accordance with Subsection
477 19-3-301 (4)(a), the Division of Finance shall transfer all fees remaining in the oversight account
478 attributable to that license into the compensation account.
479 Section 10. Section 19-3-312 is amended to read:
480 19-3-312. Enforcement -- Penalties.
481 (1) When the department or the governor has probable cause to believe a person is
482 violating or is about to violate any provision of this part, the department or the governor shall
483 direct the state attorney general to apply to the appropriate court for an order enjoining the person
484 from engaging in or continuing to engage in the activity.
485 (2) In addition to being subject to injunctive relief, any person who violates any provision
486 of this part is subject to a civil penalty of up to $10,000 per day for each violation.
487 (3) Any person who knowingly violates a provision of this part is guilty of a class A
488 misdemeanor and subject to a fine of up to $10,000 per day.
489 (4) Any person or organization acting to facilitate a violation of any provision of this part
490 regarding the regulation of greater than class C radioactive waste or high-level nuclear waste is
491 subject to a civil penalty of up to $10,000 per day for each violation, in addition to being subject
492 to injunctive relief.
493 (5) Any person or organization who knowingly acts to facilitate a violation of this part
494 regarding the regulation of high-level nuclear waste or greater than class C radioactive waste is
495 guilty of a class A misdemeanor and is subject to a fine of up to $10,000 per day.
496 Section 11. Section 19-3-319 is enacted to read:
497 19-3-319. State response to nuclear release and hazards.
498 (1) The state finds that the placement of high-level nuclear waste inside the exterior
499 boundaries of the state is an ultra-hazardous activity which may result in catastrophic economic
500 and environmental damage and irreparable human injury in the event of a release of waste, and
501 which may result in serious long-term health effects to workers at any transfer or storage facility,
502 or to workers involved in the transportation of the waste.
503 (2) (a) The state finds that procedures for providing funding for the costs incurred by any
504 release of waste, or for the compensation for the costs of long-term health effects are not
505 adequately addressed by existing law.
506 (b) Due to these concerns, the state has established a restricted account under Subsection
507 19-3-309 (3), known as the Nuclear Accident and Hazard Compensation Account, and referred to
508 in this section as the "compensation account." One of the purposes of this account is to partially
509 or wholly compensate workers for these potential costs, as funds are available and appropriated
510 for these purposes.
511 (3) (a) The department shall require the applicant, and parent and subsidiary organizations
512 of the applicant, to pay to the department not less than 75% of the unfunded potential liability, as
513 determined under Subsection 19-3-301 (5), in the form of cash or cash equivalents. The payment
514 shall be made within 30 days after the date of the issuance of a license under this part.
515 (b) The department shall credit the amount due under Subsection 19-3-306 (10) against the
516 amount due under this Subsection (3).
517 (c) If the payments due under this Subsection (3) are not made within 30 days, as required,
518 the executive director of the department shall cancel the license.
519 (4) (a) The department shall also require an annual fee from the holder of any license
520 issued under this part. This annual fee payment shall be calculated as:
521 (i) the aggregate amount of the annual payments required by Title 34A, Chapter 2,
522 Workers' Compensation Act, of the licensee and of all parties contracted to provide goods,
523 services, or municipal-type services to the licensee, regarding their employees who are working
524 within the state at any time during the calendar year; and
525 (ii) multiplied by the number of storage casks of waste present at any time and for any
526 period of time within the exterior borders of the state during the year for which the fee is assessed.
527 (b) (i) The licensee shall pay the fee under Subsection (4)(a) to the department. The
528 department shall deposit the fee in the compensation account created in Subsection 19-3-309 (3).
529 (ii) The fee shall be paid to the department on or before March 31 of each calendar year.
530 (5) The department shall use the fees paid under Subsection (4) to provide medical or
531 death benefits, or both, as is appropriate to the situation, to:
532 (a) any employee of the holder of any license issued under this part, or employees of any
533 parties contracting to provide goods, services, transportation, or municipal-type services to the
534 licensee, if the employee is within the state at any time during the calendar year as part of his
535 employment; or
536 (b) that employee's family or beneficiaries.
537 (6) Payment of the fee under Subsection (4) does not exempt the licensee from compliance
538 with any other provision of law, including Title 34A, Chapter 2, regarding workers' compensation.
539 (7) (a) An agreement between an employer and an employee, the employee's family, or
540 beneficiaries requiring the employee to waive benefits under this section, requiring the employee
541 to seek third party coverage, or requiring an employee contribution is void.
542 (b) Any employer attempting to secure any agreement prohibited under Subsection (7)(a)
543 is subject to the penalties of Section 19-3-312 .
544 (8) (a) The department, in consultation with the Division of Industrial Accidents within
545 the Labor Commission, shall by rule establish procedures regarding application for benefits,
546 standards for eligibility, estimates of annual payments, and payments.
547 (b) Payments under this section are in addition to any other payments or benefits allowed
548 by state or federal law, notwithstanding provisions in Title 34A, Chapter 2, regarding workers'
550 (c) Payments or obligations to pay under this section may not exceed funds appropriated
551 for these purposes by the Legislature.
552 Section 12. Section 34-38-3 is amended to read:
553 34-38-3. Testing for drugs or alcohol.
554 (1) It is not unlawful for an employer to test employees or prospective employees for the
555 presence of drugs or alcohol, in accordance with the provisions of this chapter, as a condition of
556 hiring or continued employment. However, employers and management in general [
557 submit to the testing themselves on a periodic basis.
558 (2) (a) Any organization which is operating a storage facility or transfer facility or which
559 is engaged in the transportation of high-level nuclear waste or greater than class C radioactive
560 waste within the exterior boundaries of the state shall establish a mandatory drug testing program
561 regarding drugs and alcohol for prospective and existing employees as a condition of hiring any
562 employee or the continued employment of any employee. As a part of the program, employers and
563 management in general shall submit to the testing themselves on a periodic basis. The program
564 shall implement testing standards and procedures established under Subsection (2)(b).
565 (b) The executive director of the Department of Environmental Quality, in consultation
566 with the Labor Commission under Section 34A-1-103 , shall by rule establish standards for timing
567 of testing and dosage for impairment for the drug and alcohol testing program under this
568 Subsection (2). The standards shall address the protection of the safety, health, and welfare of the
570 Section 13. Section 73-4-1 is amended to read:
571 73-4-1. By engineer on petition of users.
572 (1) Upon a verified petition to the state engineer, signed by five or more or a majority of
573 water users upon any stream or water source, requesting the investigation of the relative rights of
574 the various claimants to the waters of such stream or water source, it shall be the duty of the state
575 engineer, if upon such investigation he finds the facts and conditions are such as to justify a
576 determination of said rights, to file in the district court an action to determine the various rights.
577 In any suit involving water rights the court may order an investigation and survey by the state
578 engineer of all the water rights on the source or system involved.
579 (2) (a) As used in this section, "executive director" means the executive director of the
580 Department of Environmental Quality.
581 (b) The executive director, with the concurrence of the governor, may request that the state
582 engineer file in the district court an action to determine the various water rights in the stream,
583 water source, or basin for an area within the exterior boundaries of the state for which any person
584 or organization or the federal government is actively pursuing or processing a license application
585 for a storage facility or transfer facility for high-level nuclear waste or greater than class C
586 radioactive waste.
587 (c) Upon receipt of a request made under Subsection (2)(b), the state engineer shall file
588 the action in the district court.
589 (d) If a general adjudication has been filed in the state district court regarding the area
590 requested pursuant to Subsection (2)(b), the state engineer and the state attorney general shall join
591 the United States as a party to the action.
592 Section 14. Effective date.
593 If approved by two-thirds of all the members elected to each house, this act takes effect
594 upon approval by the governor, or the day following the constitutional time limit of Utah
595 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
596 date of veto override.
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