Utah Senate restores lower industry fees for low‑level radiation and solid waste after floor debate

Senators on Feb. 6 voted to restore previously negotiated fee levels for low‑level radioactive material handling and certain solid-waste receipts after floor amendments had raised those fees. Senator Craig Peterson sponsored the amendment to revert the charge levels to those developed by a task force and approved by industry participants, arguing the increases had been made on the floor “without study” and would simply channel extra revenue into the general fund.

The measure’s sponsor said task-force work reflected compromise across producers, receivers and haulers, and that arbitrarily higher fees would undermine that process. “To somewhat arbitrarily increase those fees without going through any kind of committee or study … I think was inappropriate,” Senator Craig Peterson said during floor debate.

Opponents warned of legal risk and called for caution. Multiple senators, citing advice from counsel, said substantially increasing fees above the recovery cost for interstate handlers could raise constitutional concerns related to interstate commerce. Senator McAllister pressed for clarity on that point during debate; the record does not show a detailed legal opinion entered on the floor.

Supporters of higher fees, including Senator Richards, said prior statutory fee levels had not kept pace with volumes and inflation and that the industry had effectively been undercharged for years. Richards told colleagues that a $2.50‑per‑ton benchmark had been used previously to set fees and that the earlier low nominal rates left current handlers paying far less than the cost of processing.

After discussion and a standing count, the Senate approved the amendment to restore the earlier fee numbers. The action was presented and counted on the floor by the presiding officer and clerk.