H.B. 143

1

HIGH LEVEL NUCLEAR SHIPMENT SAFETY
2 PROVISIONS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Karen W. Morgan
6 This act modifies the Transportation Code by requiring waste generators to purchase a
7 single trip transport and route approval permit for transporting high level nuclear waste
8 or greater than class C radioactive waste in the state. This act sets the permit fee at
9 $1,500 and allows additional fees to be charged for the costs associated with
10 implementing the permit related oversight functions. This act requires the Department of
11 Transportation to issue the permits, collect the fees, and deposit the fees in the Nuclear
12 Waste Facility Oversight Account. This act requires the Department of Transportation
13 to establish procedures to protect the public from the risks of transporting high level
14 nuclear waste and greater than class C radioactive waste by complying with state and
15 federal law, cooperating with governmental agencies, and by making rules for a single
16 trip transport and route approval permit, weight restrictions, tracking systems, and
17 state-required escort vehicles. This act makes technical changes. This act takes effect on
18 July 1, 2003.
19 This act affects sections of Utah Code Annotated 1953 as follows:
20 AMENDS:
21 19-3-315, as last amended by Chapter 190, Laws of Utah 1999
22 ENACTS:
23 72-7-410, Utah Code Annotated 1953
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 19-3-315 is amended to read:
26 19-3-315. Transportation requirements.
27 (1) A person may not transport wastes in the state, including on highways, roads, rail,

28 by air, or otherwise, without:
29 (a) having received approval from the [state] Department of Transportation; and
30 (b) having demonstrated compliance with rules of the [state] Department of
31 Transportation.
32 (2) The Department of Transportation [may]:
33 (a) shall make rules in accordance with Title 63, Chapter 46a, Utah Administrative
34 Rulemaking Act, requiring a transport and route approval permit, weight restrictions, tracking
35 systems, and state required escort vehicles as provided in Section 72-7-410 ; and
36 (b) in addition to the single trip transport and route approval permit fee established
37 under Section 72-7-410 , may assess appropriate fees as established under Section 63-38-3.2 for
38 each shipment of waste, consistent with the requirements and limitations of federal law.
39 (3) The Department of Environmental Quality shall establish any other transportation
40 rules as necessary to protect the public health, safety, and environment.
41 (4) Unless expressly authorized by the governor, with the concurrence of the
42 Legislature, an easement or other interest in property may not be granted upon any lands within
43 the state for a right of way for any carrier transportation system that:
44 (a) is not a class I common or contract rail carrier organized and doing business prior to
45 January 1, 1999; and
46 (b) transports high level nuclear waste or greater than class C radioactive waste to a
47 storage facility within the state.
48 Section 2. Section 72-7-410 is enacted to read:
49 72-7-410. Department standard, plans, and procedures for protection of the
50 public from the risks of transporting high level nuclear waste and greater than class C
51 radioactive waste -- Compliance with federal and state law -- Cooperation with
52 government agencies -- Rulemaking -- Escort vehicles -- Permits -- Disposition of fees.
53 (1) The department shall establish and implement standards, plans, and procedures for
54 the protection of the traveling public and the citizens of the state and for the mitigation from
55 actual and potential risk of the transportation of high level nuclear waste and greater than class
56 C radioactive waste on the highways and railways of the state by:
57 (a) complying with the provisions of federal and state law including this title and Title
58 19, Chapter 3, Radiation Control Act;

59 (b) coordinating and cooperating with government agencies including the federal
60 Department of Energy, the federal Department of Transportation, the Department of
61 Environmental Quality, the Department of Public Safety, the state official designated by the
62 governor as authorized by the Nuclear Regulatory Commission and other federal, state, and
63 local agencies; and
64 (c) making rules in accordance with Title 63, Chapter 46a, Utah Administrative
65 Rulemaking Act, in consultation with the Department of Environmental Quality, and consistent
66 with requirements and limitations of federal law for:
67 (i) a single trip transport and route approval permit under Subsection (3), including the
68 establishment of procedures for the purchase, collection, and enforcement of the permits and
69 fees under this section and Section 19-3-315 ;
70 (ii) vehicle size, weight, and load restrictions in accordance with this part;
71 (iii) tracking systems for the benefit of emergency response, security, and clean-up
72 mitigation teams; and
73 (iv) state required escort vehicles under Subsection (2).
74 (2) The rules made under Subsection (1)(c)(iv) for state required escort vehicles shall
75 be made in accordance with federal law to:
76 (a) prevent and reduce hazardous or potentially hazardous incidences on the highway
77 or railway;
78 (b) respond to hazardous or potentially hazardous incidences if they occur; and
79 (c) reduce damage from any incidence that occurs.
80 (3) (a) The generator of waste as defined in Section 19-3-102 shall purchase from the
81 Department of Transportation a single trip transport and route approval permit for each cask
82 transfer in or through the state of:
83 (i) high level nuclear waste as defined in Section 19-3-102 ; or
84 (ii) greater than class C radioactive waste as defined in Section 19-3-303 .
85 (b) The fee is $1,500 for a single trip permit issued under this Subsection (3) plus the
86 fee determined under Subsection 19-3-315 (2). The permit is valid for not more than 96
87 continuous hours or until the cask leaves the state, whichever is sooner.
88 (c) Each single trip permit fee collected under this Subsection (3) shall be deposited in
89 the Nuclear Waste Facility Oversight Account created in Section 19-3-309 .

90 Section 3. Effective date.
91 This act takes effect on July 1, 2003.




Legislative Review Note
as of 2-11-03 1:16 PM

This legislation requires a permit fee and state escorts for greater than class C radioactive waste
and high level nuclear waste shipments. The United States Supreme Court has interpreted the
Supremacy Clause of Article VI of the United States Constitution to provide that federal law
generally preempts state law where Congress has shown an intent to occupy the entire subject
area. Although Congress has occupied the field of transporting hazardous material, it appears
that 49 U.S.C. Sec. 5125 permits states to impose a fee related to transporting hazardous
material if the fee is fair and used for a purpose related to transporting hazardous material. It
also appears that in at least one other state, fees and escort programs have withstood a
preemption challenge. Wisconsin Electric Power Co., 52 F.R. 36200 (Sept. 25, 1987)(final
admin. action).

Office of Legislative Research and General Counsel