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House amends radioactive/hazardous‑waste fee scheme after constitutional concerns; substitute tax adopted
Summary
Lawmakers debated raising low fees on radioactive waste and the fairness of singling out one class of waste. Representative Valentine offered a substitute to impose a uniform $1 hazardous‑waste tax to avoid constitutional equal‑protection concerns; the substitute carried and the bill advanced to the Senate.
Senate Bill 144, concerning fees and taxes on radioactive and hazardous waste, drew extended floor attention. Sponsors noted Utah receives substantial quantities of Class A low‑level radioactive waste and proposed raising a longstanding $2.50/tonne fee to a higher rate to generate revenue. Representative (floor sponsor and senator names referenced in the bill title) explained the state receives material from around the country and should receive fair compensation.
Floor critics warned that singling out one narrow class of waste could create constitutional equal‑protection problems — citing prior Utah Supreme Court decisions — and could invite litigation. Representative Valentine offered an amendment to broaden the tax to apply uniformly to “hazardous waste” with a small per‑ton amount (the substitute amendment set a $1 per ton tax in floor debate as a constitutional‑safeguarding approach) so the charge would apply evenly across the industry rather than only to radioactive waste. Supporters said this approach equalized treatment among facilities and would meet budgeted revenue expectations; opponents cautioned about unintended impacts and said more time was needed to study effects on other waste streams.
After substitute motion debate and a short period in circle to finalize drafting, the House approved the substitute and then passed the measure (with the adopted changes) and returned it to the Senate for further action. Floor sponsors said the revenue would be deposited to the general fund and that the substitute would produce at least the $1.4 million budget target used in House budgeting assumptions.
Next step: the amended bill will be transmitted to the Senate; legal and fiscal consequences may be subject to further committee and floor review there.
