House advances bill requiring legislative sign-off on higher‑level radioactive waste; bill includes tax treatment, 63–6

The Utah House on the floor passed House Bill 145 on a 63–6 vote, advancing a measure to require legislative and gubernatorial approval before the state accepts radioactive waste described by the sponsor as “hotter than A waste.” Representative Steven Urquhart, the bill sponsor, told colleagues the bill “would merely close that window” he said had been opened by potential federal reclassification of some material as “11e(2)” without state approval.

The bill directs that any material hotter than the waste the state currently allows will require explicit legislative and governor approval before it may be received in Utah. Urquhart also said the measure establishes a stop‑gap tax policy: if a facility receives this hotter mixed waste the legislation would require it to pay the same gross‑receipts tax rate already applied to comparable Class A waste at that facility.

“Anything hotter than A waste … would require legislative and gubernatorial approval,” Urquhart said, arguing the change restores state oversight regardless of federal redefinitions. He told the House the law closes a “window” that would otherwise allow some waste streams to arrive without state review.

Supporters on the floor said the bill reflects the task force’s work to base policy on science while ensuring the legislature sets overarching policy. Representative Newbold, a task force member, said the panel had spent a year “trying to get our hands around just the concept of what is hotter,” urging colleagues to back legislation that preserves legislative policymaking. Representative Becker said the bill draws a policy line on higher‑level radioactive waste and establishes a consistent tax approach.

Opponents proposed an amendment that would have reinstated deleted language affecting the tax and scope of the underlying committee amendment. Representative Hughes argued for delaying tax decisions until the task force completes its review, saying “I just think it's good tax policy to wait and bring it all at once.” The motion to amend failed on a voice vote.

Urquhart characterized the bill as a product of committee work and a compromise: “Where above A waste that will come through us. No matter how that waste is defined, we will have to say yes or no to it.” After debate, the House invoked the previous question, moved to final action, and passed HB 145 63 yes, 6 no. The bill will be forwarded to the Senate for consideration.

Background and context: sponsors and several members repeatedly referenced EnviroCare (a commercial low‑level radioactive waste facility) and the International Uranium Corporation (IUC) facility in Blanding during the debate; members said the task force examined interstate and federal practice and recommended that the legislature retain policy control. The bill also addresses how the receipt of hotter mixed waste would be taxed; the sponsor described the tax portion as a stop‑gap measure to align the rate with current Class A waste treatment.

Next steps: House Bill 145 is transmitted to the Utah Senate for its consideration.