Senate passes third-substitute bill narrowing private suits in solid-waste flow-control law

The Utah Senate on Tuesday approved the third-substitute version of Senate Bill 46, a measure that reworks definitions in state law governing solid-waste management and narrows who may bring a private cause of action under the statute.

Senator Eastman, sponsor of the substitution, told colleagues the third substitute “moves some bullet points around as to what constitutes a solid waste management facility” and “it designates who actually has a private right of action,” limiting that right to entities engaged in solid-waste management rather than to any individual.

A technical amendment (Amendment No. 1) was offered under Senator Eastman’s name to clarify competitive thresholds — in part replacing a phrasing about “fewer than two” with language identifying when “one business entity operates all the private solid waste management facilities within this jurisdiction.” The chamber adopted the amendment by voice vote.

Senator Hilliard registered concern that rapid amendment and substitution reduced time to resolve outstanding objections and suggested the Senate might have delayed consideration to better gauge opposition; Eastman said the language reflects negotiations with the League of Cities and Towns and that the bill was considered agreed upon by stakeholders.

Following a roll-call vote the Senate reported the bill passed and transmitted it to the House for further action. The official vote tally reported on the floor was approximately 25 ayes, 1 nay and 3 absent.

The bill’s third-substitute will be considered next in the House, where additional debate or amendment is possible.