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Senate advances substituted HB 220 to clarify acceptance of depleted uranium at Clive, adds 12% tax, after hours of debate
Summary
The Utah Senate approved a fourth-substitute reading of House Bill 220—clarifying when Class A radioactive waste (depleted uranium) may be accepted at the Clive facility, conditioning acceptance on an approved performance assessment and an agreement with regulators, and adding a 12% tax estimated to generate roughly $24 million over seven years; the Senate voted 23–6 to read the substitute for a third time.
The Utah Senate on Day 23 advanced a substituted version of House Bill 220 that clarifies how and when the state would accept Class A radioactive waste—specifically depleted uranium—at the Clive disposal facility and imposes a 12% tax on depleted uranium upon arrival.
Senator Bridal, the bill sponsor, said the fourth substitute requires an approved site-specific performance assessment, a written agreement acceptable to the director of the Division of Environmental Quality, and U.S. Department of Energy involvement before any depleted uranium would be accepted. "There is no fiscal note because currently, the contract is in place and none of the specific agreements have come to fruition. So the tax will be imposed only when the depleted uranium is delivered," Bridal said.
Bridal told senators the tax provision is expected to produce revenue over time: "I will tell you that we would expect, over 7 years, that the state would receive $24,000,000 based on delivery," she said, and said the revenue would be directed to the Uniform School Fund.
Opponents pressed on safety, classification and process. Senator Iwamoto said the performance assessment remained incomplete, asking, "the performance assessments aren't done correct. So the state has not completed this yet?" Bridal and other supporters replied that the legislation explicitly conditions acceptance on an "approved performance assessment" and that the director of DEQ would not allow acceptance without that approval.
Senators also debated technical and long-term questions about depleted uranium. Iwamoto and others cited federal Nuclear Regulatory Commission commentary and comparisons to transuranic waste to ask whether near-surface disposal and the Class A designation were protective enough over geological time. Supporters, including Senator Bramble and Senator Thatcher, argued the bill is site-specific, that DEQ has authority to require stringent assessments, and that transportation and disposal for Class A waste are long-established practices.
Sponsor responses and agency role: Bridal said Energy Solutions is bearing the cost of studies and that DEQ is evaluating the performance assessment; she said the governor's office indicated an intent to sign the bill as substituted. Bridal also described the tax as a negotiated measure tied to any future deliveries.
Vote and procedural status: After extended floor discussion and several senators explaining their positions, the Senate voted 23–6 to have the fourth substitute read for a third time. The action read the substitute for third consideration on the Senate floor; the bill will proceed in the Senate’s legislative process following ordinary third-reading/final-passage procedures.
What remains: the record shows the bill’s key contingency—the site-specific, approved performance assessment—has not been completed on the record. Opponents on the floor urged caution until the assessment and additional technical reviews are available; supporters argued the statutory clarifications provide the framework for rigorous DEQ review before any shipments occur.
Next steps: The bill was read for the third time after the 23–6 vote and will continue toward final consideration under Senate rules and subsequent transmittal to the House as dictated by the chamber’s process.
