Chief Sponsor: Carl R. Albrecht

Senate Sponsor: Scott D. Sandall


8     General Description:
9          This bill modifies provisions relating to the disposal of radioactive waste.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that certain waste classifications are determined at the time of acceptance;
13          ▸     allows the director of the Division of Waste Management and Radiation Control to
14     authorize alternate requirements for waste classification and characteristics that
15     would allow an entity to accept certain waste at a specific site;
16          ▸     requires notice to a legislative committee;
17          ▸     directs the director to require certain actions related to concentrated depleted
18     uranium;
19          ▸     imposes tax on certain waste; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          19-3-103.7, as last amended by Laws of Utah 2005, Chapter 10
28     ENACTS:
29          59-24-103.7, Utah Code Annotated 1953


31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 19-3-103.7 is amended to read:
33          19-3-103.7. Prohibition of certain radioactive wastes -- Alternative classification
34     -- Concentrated depleted uranium.
35          [No] (1) Except as provided in Subsection (2), an entity may not accept in the state or
36     apply for a license to accept in the state for commercial storage, decay in storage, treatment,
37     incineration, or disposal waste, that at the time of acceptance is:
38          [(1)] (a) class B or class C low-level radioactive waste; or
39          [(2)] (b) radioactive waste having a higher radionuclide concentration than the highest
40     radionuclide concentration allowed under licenses existing on February 25, 2005, that have met
41     all the requirements of Section 19-3-105.
42          (2) (a) Subject to the other provisions of this Subsection (2), at the request of a licensee
43     or applicant, the director may authorize provisions for the classification and characteristics of
44     waste for land disposal within the state on a specific basis, if after evaluation of the specific
45     characteristics of the waste, disposal site, and method of disposal, the director finds that:
46          (i) when considering the characteristics of the waste and the site-specific applicable
47     method of disposal, there is reasonable assurance of compliance with the performance
48     objectives, dose limits, and other applicable requirements set forth in rules made by the board
49     that govern the type of issues addressed in 10 C.F.R. Part 61, Licensing Requirements for Land
50     Disposal of Radioactive Waste, Subpart C, Performance Objectives; and
51          (ii) the dose limits of the waste are equal to or less than that of:
52          (A) class A low-level radioactive waste; and
53          (B) waste described under Subsection (1)(b).
54          (b) The prohibition of accepting waste or applying for accepting waste described in
55     Subsection (1) does not apply to waste that is classified in compliance with the requirements of
56     this Subsection (2).
57          (c) Within five business days of the day on which the director makes findings to

58     authorize the classification and characteristics of waste on a specific basis under Subsection
59     (2)(a), the director shall notify:
60          (i) the chairs of the Natural Resources, Agriculture, and Environment Interim
61     Committee; or
62          (ii) if the findings are issued during a general legislative session, the chair of the House
63     Natural Resources, Agriculture, and Environment Standing Committee and the chair of the
64     Senate Natural Resources, Agriculture, and Environment Standing Committee.
65          (d) The director's authorization for the classification and characteristics of waste on a
66     specific basis under this Subsection (2) does not take effect until 90 days from the day on
67     which the director makes the findings under Subsection (2)(a) to authorize the classification
68     and characteristics of the waste.
69          (e) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
70     Administrative Rulemaking Act, to implement this Subsection (2).
71          (3) The director shall require as a condition to the disposal by a radioactive waste
72     facility of a total aggregate quantity of more than one metric ton of concentrated depleted
73     uranium:
74          (a) an approved performance assessment;
75          (b) designation of a federal cell by the director; and
76          (c) pursuant to an agreement acceptable to the director, that the United States
77     Department of Energy accepts perpetual management of the federal cell, title to the land on
78     which the federal cell is located, title to the waste in the federal cell, and financial stewardship
79     for the federal cell and waste in the federal cell.
80          Section 2. Section 59-24-103.7 is enacted to read:
81          59-24-103.7. Radioactive waste facility disposal tax for concentrated depleted
82     uranium and specific site approved waste.
83          (1) On and after July 1, 2019, there is imposed a tax on a radioactive waste facility as
84     provided in this section.
85          (2) The tax is equal to the sum of the following amounts:

86          (a) 12% of the gross receipts of a radioactive waste facility derived from the disposal
87     of:
88          (i) concentrated depleted uranium; and
89          (ii) containerized waste disposed under Subsection 19-3-103.7(2);
90          (b) 10% of the gross receipts of a radioactive waste facility derived from the disposal
91     of processed waste disposed under Subsection 19-3-103.7(2); and
92          (c) 5% of the gross receipts of a radioactive waste facility derived from the disposal of
93     uncontainerized, unprocessed waste disposed under Subsection 19-3-103.7(2).