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Third Substitute H.B. 145
7 LONG TITLE
8 General Description:
9 This bill requires legislative and gubernatorial approval before a radioactive waste
10 facility may receive certain types or concentrations of radioactive waste and amends
11 radioactive waste tax provisions.
12 Highlighted Provisions:
13 This bill:
14 . defines terms related to the regulation of radioactive waste facilities;
15 . deletes certain outdated provisions relating to approval for radioactive waste
17 . amends certain approval requirements regarding radioactive waste facilities;
18 . requires the approval of the Legislature, governor, and local governing body
19 responsible for planning and zoning before a radioactive waste facility may receive
20 specified types or concentrations of radioactive wastes;
21 . modifies the gross receipts tax on certain types of mixed waste; and
22 . makes technical corrections.
23 Monies Appropriated in this Bill:
25 Other Special Clauses:
26 This bill provides an immediate effective date.
27 Utah Code Sections Affected:
29 19-3-105, as last amended by Chapter 73, Laws of Utah 2003
30 59-24-103.5, as enacted by Chapter 295, Laws of Utah 2003
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 19-3-105 is amended to read:
34 19-3-105. Legislative and gubernatorial approval required for radioactive waste
35 license -- Class B and C low-level radioactive waste moratorium.
36 (1) As used in this section:
37 (a) "Alternate feed material" has the same definition as provided in Section 59-24-102 .
38 (b) (i) "Class A low-level radioactive waste" means:
39 (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
40 (B) radium-226 up to a maximum radionuclide concentration level of 10,000
41 picocuries per gram.
42 (ii) "Class A low-level radioactive waste" does not include:
43 (A) uranium mill tailings;
44 (B) naturally-occurring radioactive materials; or
45 (C) the following radionuclides if classified as "special nuclear material" under the
46 Atomic Energy Act of 1954, 42 U.S.C. 2014:
47 (I) uranium-233; and
48 (II) uranium-235 with a radionuclide concentration level greater than the concentration
49 limits for specific conditions and enrichments established by an order of the Nuclear
50 Regulatory Commission:
51 (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
52 (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
53 waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
54 nuclear material exemption order.
55 (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
56 stores, decays in storage, treats, or disposes of radioactive waste:
57 (A) commercially for profit; or
58 (B) generated at locations other than the radioactive waste facility.
59 (ii) "Radioactive waste facility" does not include a facility that receives:
60 (A) alternate feed material for reprocessing; or
61 (B) radioactive waste from a location in the state designated as a processing site under
62 42 U.S.C. 7912(f).
63 (c) "Radioactive waste license" or "license" means a radioactive material license issued
64 by the executive secretary under Subsection 19-3-108 (2)(c)(i), to own, construct, modify, or
65 operate a radioactive waste facility.
67 and C low-level radioactive waste under Section 19-3-103.7 .
70 radioactive waste facility without [
71 (a) having received a radioactive [
75 (b) meeting the requirements established by rule under Section 19-3-104 ;
76 (c) the approval of the governing body of the municipality or county responsible for
77 local planning and zoning where the radioactive waste is or will be located; and
79 through (c), the approval [
84 (4) A new radioactive waste license application, or an application to renew or amend
85 an existing radioactive waste license, is subject to the requirements of Subsections (3)(b)
86 through (d) if the application, renewal, or amendment:
88 geographic site than a previously submitted application;
92 (b) would cost 50% or more of the cost of construction of the original [
94 would result in an increase in capacity or throughput of a cumulative total of 50% of the total
95 capacity or throughput which was approved in the facility license as of January 1, 1990, or the
96 initial approval facility license if the initial license approval is subsequent to January 1, 1990;
100 decay in storage, treat, or dispose of:
101 (i) class B or class C low-level radioactive waste[
109 (ii) radioactive waste having a higher radionuclide concentration limit than allowed,
110 under an existing approved license held by the facility, for the specific type of waste to be
111 received, transferred, stored, decayed in storage, treated, or disposed of.
112 (5) The requirements of Subsection (4)(c)(ii) do not apply to an application to renew or
113 amend an existing radioactive waste license if:
114 (a) the radioactive waste facility requesting the renewal or amendment has received a
115 license prior to January 1, 2004; and
116 (b) the application to renew or amend its license is limited to a request to approve the
117 receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
118 radioactive waste.
119 (6) A radioactive waste facility which receives a new radioactive waste license after
120 May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
121 application, renewal, or amendment that requests approval to receive, transfer, store, decay in
122 storage, treat, or dispose of radioactive waste not previously approved under an existing license
123 held by the facility.
125 applications, renewals, or amendments will result in inadequate oversight, monitoring, or
126 licensure compliance and enforcement of existing and any additional radioactive waste
127 facilities, the board shall suspend acceptance of further applications for [
128 radioactive [
130 waste licenses. The board shall report the suspension to the Legislative Management
133 determine whether the application complies with the provisions of this chapter and the rules of
134 the board.
136 the board shall issue a notice of completeness.
137 (b) If the board determines that the [
139 the additional information to be provided by the applicant to complete the application.
140 Section 2. Section 59-24-103.5 is amended to read:
141 59-24-103.5. Radioactive waste disposal, processing, and recycling facility tax.
142 (1) On and after July 1, 2003, there is imposed a tax on a radioactive waste facility, or a
143 processing or recycling facility, as provided in this chapter.
144 (2) The tax is equal to the sum of the following amounts:
145 (a) 12% of the gross receipts of a radioactive waste facility derived from the disposal of
146 containerized class A waste;
147 (b) 10% of the gross receipts of a radioactive waste facility derived from the disposal
148 of processed class A waste;
149 (c) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
150 uncontainerized, unprocessed class A waste from a governmental entity or an agent of a
151 governmental entity:
152 (i) pursuant to a contract entered into on or after April 30, 2001;
153 (ii) pursuant to a contract substantially modified on or after April 30, 2001;
154 (iii) pursuant to a contract renewed or extended on or after April 30, 2001; or
155 (iv) not pursuant to a contract;
156 (d) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
157 uncontainerized, unprocessed class A waste received by the facility from an entity other than a
158 governmental entity or an agent of a governmental entity;
159 (e) (i) 5% of the gross receipts of a radioactive waste facility derived from the disposal
160 of mixed waste, other than the mixed waste described in Subsection (2)(e)(ii), received from an
161 entity other than a governmental entity or an agent of a governmental entity;
162 (ii) 10% of the gross receipts of a radioactive waste facility derived from the disposal
163 of mixed waste:
164 (A) received from an entity other than a governmental entity or an agent of a
165 governmental entity: and
166 (B) that contains a higher radionuclide concentration level than the mixed waste
167 received by any radioactive waste facility in the state prior to April 1, 2004;
168 (f) 10 cents per cubic foot of alternate feed material received at a radioactive waste
169 facility for disposal or reprocessing; and
170 (g) 10 cents per cubic foot of byproduct material received at a radioactive waste facility
171 for disposal.
172 (3) For purposes of the tax imposed by this section, a fraction of a cubic foot is
173 considered to be a full cubic foot.
174 (4) Except as provided in Subsection (2)(e), the tax imposed by this section does not
175 apply to radioactive waste containing material classified as hazardous waste under 40 C.F.R.
176 Part 261.
177 Section 3. Effective date.
178 If approved by two-thirds of all the members elected to each house, this bill takes effect
179 upon approval by the governor, or the day following the constitutional time limit of Utah
180 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
181 the date of veto override.
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