Senate restores grandfathering for low-level radioactive waste permits after heated debate

The Utah Senate on March 1 passed S.B. 155, a bill restoring a grandfathering provision for low-level radioactive waste licensing tied to Section 32, after extended floor debate over whether the measure reduces legislative and gubernatorial oversight. The bill passed on the floor and will be read for the third time and transmitted to the House after a 23–6 roll-call tally.

Sponsor Senator Peterson said S.B. 155 returns the law to what a task force originally intended and preserves a private facility’s ability to operate under established licensing. "They have not had a major accident," Peterson said in defense of the bill, adding the private operator provides jobs and has been a state partner.

Opponents, including Senator McCoy and Senator Romero, said language in subsections (b) and (c) (identified on the floor as lines 205–209) goes beyond restoring a simple grandfather clause and could allow substantial capacity increases at an existing licensed site without gubernatorial or legislative approval. Senator McCoy asked whether an application to increase capacity "by 4,000,000 cubic yards" at a Section 32 site would bypass approval by the governor, the legislature, or the county; the sponsor acknowledged the language narrows requirements in some circumstances, prompting concern.

Senator McCoy offered an amendment to strike lines 205–209 to preserve broader oversight; that amendment was debated and put to a vote on the floor. Senator Bramble and other supporters argued the narrower language merely codifies the task force’s intent that license amendments within Section 32 be handled through the existing regulatory process (DEQ and the radiation control board) rather than repeatedly requiring gubernatorial and legislative approval. "This simply codifies what has been the standard in this state for some time," Senator Bramble said.

Senator Romero and others emphasized public health and local oversight concerns, saying low-level waste in high concentrations can pose public-health risks and arguing the Legislature should retain a role in substantial capacity or scope changes. "This issue is whether or not the legislature should continue to have some amount of oversight, and I believe certainly that it should," Romero said.

The Senate voted on the amendment (to strike lines 205–209) during floor action and later approved the bill as presented by the sponsor. The final floor announcement recorded that S.B. 155 "having received 23 yes votes, 6 nay votes with 0 being absent will be read for the third time." The bill will be forwarded to the House for its consideration.

What’s next: S.B. 155 goes to the Utah House for its further action. Any committee hearings or House amendments will be scheduled according to the House calendar.

Sources: Floor debate and roll-call announcements on March 1 (floor segments).