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Senate advances bill to stiffen DEQ penalties for low‑level radiation facilities
Summary
The Senate approved placing SB 18 on the third‑reading calendar; the bill, requested by DEQ, changes penalties for certain radiation regulation violations from $5,000 per occurrence to $5,000 per day to align with federal expectations and preserve state regulatory authority.
The Utah Senate moved Senate Bill 18 forward after floor debate on enforcement authority and potential fiscal effects. Senator Nielsen said SB 18, requested by the Department of Environmental Quality (DEQ), would change statutory language so specified fines would apply per day rather than per occurrence — effectively increasing enforcement leverage for low‑level radiation regulation.
Sponsor remarks explained the change aims to preserve DEQ’s ability to regulate low‑level radiation consistently with Nuclear Regulatory Commission (NRC) expectations; the sponsor said the NRC has pressed state programs to strengthen penalties, noting a per‑day structure in federal language. Senator Nielsen described the change as a modest increase and said it would help the state retain regulatory jurisdiction rather than cede it to federal authorities.
Senators asked about the frequency and fiscal impact of violations and where any additional fine revenue would go; the sponsor and DEQ representatives said funds would flow to the regulatory fund used to administer radiation and hazardous‑waste programs and that DEQ intends to preserve administrative rule processes (including time to cure paperwork violations) so that minor paperwork issues are not immediately treated as draconian enforcement events.
Floor discussion emphasized the bill applies to currently authorized facilities (identified in debate as EnviroCare) and would apply to other facilities only if they later fell under the Radiation Control Act. After questions and statements of concern, the clerk reported SB 18 passed the Senate to the third reading calendar by a recorded vote reported in the floor record.
Senators asked for additional data ahead of third reading, including the number and duration of prior violations and specifics of how funds have been used; sponsors committed to providing that information before the next reading.
