Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 216 (2025GS)

Sponsor

Sen. McKell, Michael K.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies the requirements for a waste facility to renew or amend a radioactive waste license;
• requires the State Tax Commission to deposit into an energy-related fund the portion of new tax revenue derived from a radioactive waste facility receiving radioactive waste from a new generator;
• creates a radioactive waste facility expansion tax on a radioactive waste facility that submits an application to the Division of Waste Management and Radiation Control to construct a new radioactive waste facility or expand an existing facility;
• provides for the payment and deposit of the radioactive waste facility expansion tax;
• implements a sunset date for the radioactive waste facility expansion tax; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

42
19-3-102
19-3-105
59-24-102
59-24-103.5
59-24-103.8
59-24-104
59-24-105
63I-2-259
SB0216
HB0249
59-24-103.8
59-24-105
0
Environmental Quality Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Bridger Bolinder
LONG TITLE
General Description:
This bill modifies provisions related to the licensing and taxation of radioactive waste.
Highlighted Provisions:
This bill:
defines terms;
modifies the requirements for a waste facility to renew or amend a radioactive waste 
license;
requires the State Tax Commission to deposit into an energy-related fund the portion of 
new tax revenue derived from a radioactive waste facility receiving radioactive waste 
from a new generator;
creates a radioactive waste facility expansion tax on a radioactive waste facility that 
submits an application to the Division of Waste Management and Radiation Control to 
construct a new radioactive waste facility or expand an existing facility;
provides for the payment and deposit of the radioactive waste facility expansion tax;
implements a sunset date for the radioactive waste facility expansion tax; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
19-3-102
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2017, Chapter 360
19-3-105
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2018, Chapter 281
59-24-102
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2003, Chapter 295
59-24-103.5
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2024, Chapter 192
59-24-104
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2019, Chapter 466
59-24-105
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2003, Chapter 295
63I-2-259
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 5
ENACTS:
59-24-103.8
, 
Effective 
07/01/25
 Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
AMENDS:
59-24-103.8
, Utah Code Annotated 1953
59-24-105
, as last amended by Laws of Utah 2003, Chapter 295
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-3-102
 is amended to read:
19-3-102
Effective 
05/07/25
. Definitions.
As used in this chapter:
(1)
"Board" means the Waste Management and Radiation Control Board created under 
Section 
19-1-106
.
(2)
(a)
"Broker" means a person who performs one or more of the following functions for 
a generator:
(i)
arranges for transportation of the radioactive waste;
(ii)
collects or consolidates shipments of radioactive waste; or
(iii)
processes radioactive waste in some manner.
(b)
"Broker" does not include a carrier whose sole function is to transport the radioactive 
waste.
(3)
"Byproduct material" means the same as that term is defined in 42 U.S.C. Sec. 
2014(e)(2).
(4)
"Class B and class C low-level radioactive waste" means the same as that term is 
defined in 10 C.F.R. Sec. 61.55.
(5)
"Director" means the director of the Division of Waste Management and Radiation 
Control.
(6)
"Division" means the Division of Waste Management and Radiation Control, created in 
Subsection 
19-1-105(1)(d)
.
(7)
"Generator" means a person who:
(a)
possesses any material or component:
(i)
that contains radioactivity or is radioactively contaminated; and
(ii)
for which the person foresees no further use; and
(b)
transfers the material or component to:
(i)
a commercial radioactive waste treatment or disposal facility; or
(ii)
a broker.
(8)
"Hazardous waste corridor" means an area of land within a county that the legislative 
body of the county:
(a)
designates for the siting of a radioactive waste facility; and
(b)
restricts from all residential use or development.
(8)
(9)
(a)
"High-level nuclear waste" means spent reactor fuel assemblies, dismantled 
nuclear reactor components, and solid and liquid wastes from fuel reprocessing and 
defense-related wastes.
(b)
"High-level nuclear waste" does not include medical or institutional wastes, naturally 
occurring radioactive materials, or uranium mill tailings.
(9)
(10)
(a)
"Low-level radioactive waste" means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or both, in 
concentrations or quantities that exceed applicable federal or state standards for 
unrestricted release.
(b)
"Low-level radioactive waste" does not include waste containing more than 100 
nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, 
nor material classified as either high-level waste or waste which is unsuited for 
disposal by near-surface burial under any applicable federal regulations.
(10)
(11)
"Radiation" means ionizing and nonionizing radiation, including gamma rays, 
X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
(11)
(12)
"Radioactive" means any solid, liquid, or gas which emits radiation 
spontaneously from decay of unstable nuclei.
(12)
(13)
"Unlicensed facility" means a structure, road, or property:
(a)
adjacent to, but outside of, a licensed or permitted area; and
(b)
that is not used for waste disposal or waste management.
Section 2, Section 
19-3-105
 is amended to read:
19-3-105
Effective 
05/07/25
. Definitions -- Legislative and gubernatorial 
approval required for radioactive waste license -- Exceptions -- Application for new, 
renewed, or amended license.
(1)
As used in this section:
(a)
"Alternate feed material" has the same definition as provided in Section 
59-24-102
.
(b)
"Approval application" means an application by a radioactive waste facility regulated 
under this chapter or 
Title 19, Chapter 5, Water Quality Act
, for a permit, license, 
registration, certification, or other authorization.
(c)
(i)
"Class A low-level radioactive waste" means:
(A)
radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
(B)
radium-226 up to a maximum radionuclide concentration level of 10,000 
picocuries per gram.
(ii)
"Class A low-level radioactive waste" does not include:
(A)
uranium mill tailings;
(B)
naturally occurring radioactive materials; or
(C)
the following radionuclides if classified as "special nuclear material" under the 
Atomic Energy Act of 1954, 42 U.S.C. 2014:
(I)
uranium-233; and
(II)
uranium-235 with a radionuclide concentration level greater than the 
concentration limits for specific conditions and enrichments established by 
an order of the Nuclear Regulatory Commission:
(Aa)
to ensure criticality safety for a radioactive waste facility in the state; 
and
(Bb)
in response to a request, submitted prior to January 1, 2004, from a 
radioactive waste facility in the state to the Nuclear Regulatory 
Commission to amend the facility's special nuclear material exemption 
order.
(d)
(i)
"Radioactive waste facility" or "facility" means a facility that decays 
radioactive waste in storage, treats radioactive waste, or disposes of radioactive 
waste:
(A)
commercially for profit; or
(B)
generated at locations other than the radioactive waste facility.
(ii)
"Radioactive waste facility" does not include a facility that receives:
(A)
alternate feed material for reprocessing; or
(B)
radioactive waste from a location in the state designated as a processing site 
under 42 U.S.C. 7912(f).
(e)
"Radioactive waste license" or "license" means a radioactive material license issued 
by the director to own, construct, modify, or operate a radioactive waste facility.
(2)
The provisions of this section are subject to the prohibition under Section 
19-3-103.7
.
(3)
Subject to Subsection 
(8)
, a person may not own, construct, modify, or operate a 
radioactive waste facility without:
(a)
having received a radioactive waste license for the facility;
(b)
meeting the requirements established by rule under Section 
19-3-104
;
(c)
the approval of the governing body of the municipality or county responsible for 
local planning and zoning where the radioactive waste is or will be located; and
(d)
subsequent to meeting the requirements of Subsections 
(3)(a)
 through 
(c)
, the 
approval of the governor and the Legislature.
(4)
Subject to Subsection 
(8)
, a new radioactive waste license application, or an application 
to renew or amend an existing radioactive waste license, is subject to the requirements 
of Subsections 
(3)(b)
 through 
(d)
 if the application, renewal, or amendment:
(a)
specifies a different geographic site than a previously submitted application;
(b)
would cost 50% or more of the cost of construction of the original radioactive waste 
facility or the modification would result in an increase in capacity or throughput of a 
cumulative total of 50% of the total capacity or throughput which was approved in 
the facility license as of January 1, 1990, or the initial approval facility license if the 
initial license approval is subsequent to January 1, 1990; or
(c)
requests approval to decay radioactive waste in storage, treat radioactive waste, or 
dispose of radioactive waste having a higher radionuclide concentration limit than 
allowed, under an existing approved license held by the facility, for the specific type 
of waste to be decayed in storage, treated, or disposed of.
(5)
The requirements of Subsection 
(4)(c)
 do not apply to an application to renew or amend 
an existing radioactive waste license if:
(a)
the radioactive waste facility requesting the renewal or amendment has received a 
license prior to January 1, 2004; and
(b)
the application to renew or amend its license is limited to a request to approve the 
receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level 
radioactive waste.
(6)
A radioactive waste facility that receives a new radioactive waste license after May 3, 
2004, is subject to the requirements of Subsections 
(3)(b)
 through 
(d)
 for any license 
application, renewal, or amendment that requests approval to decay radioactive waste in 
storage, treat radioactive waste, or dispose of radioactive waste not previously approved 
under an existing license held by the facility.
(7)
If the board finds that approval of additional radioactive waste license applications, 
renewals, or amendments will result in inadequate oversight, monitoring, or licensure 
compliance and enforcement of existing and any additional radioactive waste facilities, 
the board shall suspend acceptance of further applications for radioactive waste licenses. 
The board shall report the suspension to the Legislative Management Committee.
(8)
The requirements of Subsections 
(3)(c)
 and 
(d)
 and Subsection 
19-3-104(10)
 do not 
apply to:
(a)
a radioactive waste license
 that is
 in effect on December 31, 2006, including all 
amendments to the license 
that have taken effect as of December 31, 2006
thereafter
;
(b)
a license application for a facility in existence as of December 31, 2006, unless the 
license application includes an area beyond the facility boundary approved in the 
license described in Subsection 
(8)(a)
; or
(c)
an application to renew or amend a license described in Subsection 
(8)(a)
, 
unless
if
the renewal or amendment includes an area
 beyond
:
(i)
within 
the facility boundary approved in the license described in Subsection 
(8)(a)
.
; 
or
(ii)
within a hazardous waste corridor.
(9)
(a)
The director shall review an approval application to determine whether the 
application complies with the requirements of this chapter and the rules of the board.
(b)
Within 60 days after the day on which the director receives an approval application 
described in Subsection 
(10)(a)(ii)
 or 
(iii)
, the director shall:
(i)
determine whether the application is complete and contains all the information 
necessary to process the application for approval; and
(ii)
(A)
issue a notice of completeness to the applicant; or
(B)
issue a notice of deficiency to the applicant and list the additional information 
necessary to complete the application.
(c)
The director shall review information submitted in response to a notice of deficiency 
within 30 days after the day on which the director receives the information.
(10)
The board shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to:
(a)
categorize approval applications as follows:
(i)
approval applications that:
(A)
are administrative in nature;
(B)
require limited scrutiny by the director; and
(C)
do not require public input;
(ii)
approval applications that:
(A)
require substantial scrutiny by the director;
(B)
require public input; and
(C)
are not described in Subsection 
(10)(a)(iii)
; and
(iii)
approval applications for:
(A)
the granting or renewal of a radioactive waste license;
(B)
the granting or renewal of a groundwater permit issued by the director for a 
radioactive waste facility;
(C)
an amendment to a radioactive waste license, or a groundwater permit, that 
allows the design and approval of a new disposal cell;
(D)
an amendment to a radioactive waste license or groundwater discharge permit 
for a radioactive waste facility to eliminate groundwater monitoring; and
(E)
a radioactive waste facility closure plan;
(b)
provide time periods for the director to review, and approve or deny, an application 
described in Subsection 
(10)(a)
 as follows:
(i)
for applications categorized under Subsection 
(10)(a)(i)
, within 30 days after the 
day on which the director receives the application;
 and
(ii)
for applications categorized under Subsection 
(10)(a)(ii)
, within 180 days after 
the day on which the director receives the application;
(iii)
for applications categorized under Subsection 
(10)(a)(iii)
, as follows:
(A)
for a new radioactive waste license, within 540 days after the day on which 
the director receives the application;
(B)
for a new groundwater permit issued by the director for a radioactive waste 
facility consistent with the provisions of 
Title 19, Chapter 5, Water Quality Act
, 
within 540 days after the day on which the director receives the application;
(C)
for a radioactive waste license renewal, within 365 days after the day on 
which the director receives the application;
(D)
for a groundwater permit renewal issued by the director for a radioactive 
waste facility, within 365 days after the day on which the director receives the 
application;
(E)
for an amendment to a radioactive waste license, or a groundwater permit, that 
allows the design and approval of a new disposal cell, within 365 days after the 
day on which the director receives the application;
(F)
for an amendment to a radioactive waste license, or a groundwater discharge 
permit, for a radioactive waste facility to eliminate groundwater monitoring, 
within 365 days after the day on which the director receives the application; and
(G)
for a radioactive waste facility closure plan, within 365 days after the day on 
which the director receives the application;
(c)
toll the time periods described in Subsection 
(10)(b)
:
(i)
while an owner or operator of a facility responds to the director's request for 
information;
(ii)
during a public comment period; or
(iii)
while the federal government reviews the application; and
(d)
require the director to prepare a detailed written explanation of the basis for the 
director's approval or denial of an approval application.
Section 3, Section 
59-24-102
 is amended to read:
59-24-102
Effective 
07/01/25
. Definitions.
As used in this chapter:
(1)
(a)
"Alternate feed material" means a natural or native material:
(i)
mined for the extraction of its constituents or other matter from which source 
material may be extracted in a licensed uranium or thorium mill; and
(ii)
may be reprocessed for its source material content.
(b)
"Alternate feed material" does not include:
(i)
material containing hazardous waste listed under 40 C.F.R. Part 261, Subpart D;
(ii)
natural or unprocessed ore; or
(iii)
naturally occurring radioactive materials containing greater than 15 picocuries 
per gram of radium-226.
(2)
"Byproduct material" is as defined in 42 U.S.C. Sec. 2014(e)(2).
(3)
"Class A low-level radioactive waste" means radioactive waste that is classified as class 
A waste under 10 C.F.R. 61.55.
(4)
"Containerized class A waste" means class A low-level radioactive waste that is placed 
in the portion of a radioactive waste facility that is licensed to receive containerized 
class A waste.
(5)
(a)
"Generator" means the same as that term is defined in Section 
19-3-102
.
(b)
"Generator" includes an affiliate, subsidiary, or successor of the generator.
(5)
(6)
(a)
"Gross receipts" means all consideration an owner or operator of a 
radioactive waste facility receives for the disposal of radioactive waste in the state, 
without any deduction or expense paid or accrued related to the disposal of the 
radioactive waste.
(b)
"Gross receipts" do not include fees collected under Section 
19-3-106
 or any other 
taxes collected for a state or federal governmental entity.
(6)
(7)
(a)
"Processed class A waste" means waste that:
(i)
is class A low-level radioactive waste; and
(ii)
has been concentrated by a processor.
(b)
"Processed class A waste" does not include containerized class A waste.
(7)
(8)
"Radioactive waste" means:
(a)
alternate feed material;
(b)
byproduct material;
(c)
containerized class A waste;
(d)
processed class A waste; or
(e)
uncontainerized, unprocessed class A waste.
(8)
(9)
"Radioactive waste facility" or "facility" means:
(a)
a facility licensed under Section 
19-3-105
; or
(b)
a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source 
Material.
(9)
(10)
(a)
"Uncontainerized, unprocessed class A waste" means class A low-level 
radioactive waste that:
(i)
is neither containerized class A waste, nor processed class A waste; and
(ii)
must be disposed of under rules of the Nuclear Regulatory Commission in a 
licensed low-level radioactive waste disposal facility.
(b)
"Uncontainerized, unprocessed class A waste" does not include alternate feed 
material.
Section 4, Section 
59-24-103.5
 is amended to read:
59-24-103.5
Effective 
07/01/25
. Radioactive waste disposal, processing, and 
recycling facility tax.
(1)
On and after July 1, 2003, there
There
 is imposed a tax on a radioactive waste facility, 
or a processing or recycling facility, as provided in this chapter.
(2)
The
Except as provided in Subsection 
(3)
, the
 tax is equal to the sum of the following 
amounts:
(a)
12% of the gross receipts of a radioactive waste facility derived from the disposal of 
containerized class A waste;
(b)
10% of the gross receipts of a radioactive waste facility derived from the disposal of 
processed class A waste;
(c)
except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive 
waste facility derived from the disposal of uncontainerized, unprocessed class A 
waste from a governmental entity or an agent of a governmental entity:
(i)
pursuant to a contract entered into on or after April 30, 2001;
(ii)
pursuant to a contract substantially modified on or after April 30, 2001;
(iii)
pursuant to a contract renewed or extended on or after April 30, 2001; or
(iv)
not pursuant to a contract;
(d)
except as provided in Subsection (2)(e), 5% of the gross receipts of a radioactive 
waste facility derived from the disposal of uncontainerized, unprocessed class A 
waste received by the facility from an entity other than a governmental entity or an 
agent of a governmental entity;
(e)
.5% of the gross receipts of a radioactive waste facility derived from the disposal of 
uncontainerized, unprocessed class A waste received by the facility if the 
uncontainerized, unprocessed class A waste does not exceed 10% of the radioactive 
concentration limit for class A waste as defined in 10 C.F.R. Sec. 61.55;
(f)
5% of the gross receipts of a radioactive waste facility derived from the disposal of 
mixed waste, other than the mixed waste described in Subsection (2)(g), received 
from:
(i)
an entity other than a governmental entity or an agent of a governmental entity; or
(ii)
a governmental entity or an agent of a governmental entity:
(A)
pursuant to a contract entered into on or after April 30, 2005;
(B)
pursuant to a contract substantially modified on or after April 30, 2005;
(C)
pursuant to a contract renewed or extended on or after April 30, 2005; or
(D)
not pursuant to a contract;
(g)
10% of the gross receipts of a radioactive waste facility derived from the disposal of 
mixed waste:
(i)
(A)
received from an entity other than a governmental entity or an agent of a 
governmental entity; or
(B)
received from a governmental entity or an agent of a governmental entity:
(I)
pursuant to a contract entered into on or after April 30, 2005;
(II)
pursuant to a contract substantially modified on or after April 30, 2005;
(III)
pursuant to a contract renewed or extended on or after April 30, 2005; or
(IV)
not pursuant to a contract; and
(ii)
that contains a higher radionuclide concentration level than the mixed waste 
received by any radioactive waste facility in the state before April 1, 2004;
(h)
10 cents per cubic foot of alternate feed material received at a radioactive waste 
facility for disposal or reprocessing; and
(i)
10 cents per cubic foot of byproduct material received at a radioactive waste facility 
for disposal.
(3)
The tax is equal to 16.67% of the gross receipts of a radioactive waste facility derived 
from the disposal of radioactive waste received from a generator that ships to the 
radioactive waste facility for the first time between June 30, 2025, and June 30, 2028.
(3)
(4)
For purposes of the tax imposed by this section, a fraction of a cubic foot is 
considered to be a full cubic foot.
(4)
(5)
Except as provided in Subsections (2)(f) and (g), the tax imposed by this section 
does not apply to radioactive waste containing material classified as hazardous waste 
under 40 C.F.R. Part 261.
Section 5, Section 
59-24-103.8
 is enacted to read:
59-24-103.8
Effective 
07/01/25
. Radioactive waste facility expansion tax -- 
Payment -- Deposit of tax revenue.
(1)
As used in this section:
(a)
"Division" means the Division of Waste Management and Radiation Control created 
in Section 
19-1-105
.
(b)
"New licensed waste disposal volume" means the increased radioactive waste 
disposal volume capacity that a radioactive waste facility requests for approval by the 
division in a radioactive waste facility application.
(c)
"Radioactive waste facility application" means an application for a new radioactive 
waste facility, or an amendment to an existing radioactive waste facility, under 
Section 
19-3-105
 that requests authorization to construct a new radioactive waste 
facility or expand the geographic site covered by an existing radioactive waste 
facility.
(2)
There is imposed a tax on a radioactive waste facility that submits a new radioactive 
waste facility application to the division on or before December 31, 2025.
(3)
The tax imposed by this section is equal to $3.45 per cubic yard of new licensed waste 
disposal volume, up to and not exceeding 8,700,000 cubic yards of new licensed waste 
disposal volume for a radioactive waste facility.
(4)
The tax imposed by this section shall be paid no later than 60 days after the day on 
which the radioactive waste facility submits a radioactive waste facility application to 
the division.
(5)
The commission shall deposit the tax revenue collected under this section into the Utah 
Energy Research Fund created in Section 
79-6-1002
.
(6)
Nothing in this section limits the ability of the director of the division to approve a 
radioactive waste facility application exceeding the maximum new licensed waste 
disposal volume described in Subsection 
(3)
.
Section 6, Section 
59-24-104
 is amended to read:
59-24-104
Effective 
07/01/25
. Payment of tax.
(1)
The tax imposed by Section 
59-24-103.5
 shall be paid by 
the owner or operator of 
a 
radioactive waste facility that receives radioactive waste for disposal or reprocessing.
(2)
The payment shall be accompanied by the form prescribed by the commission.
(3)
The 
Except as otherwise provided in this chapter, the 
payment shall be paid quarterly 
on or before the last day of the month next succeeding each calendar quarterly period.
Section 7, Section 
59-24-105
 is amended to read:
59-24-105
Effective 
07/01/25
. Deposit of tax revenue.
(1)
The
Except as provided in Subsections 
(2)
 and 
59-24-103.8(5)
, the
 commission 
shall deposit the tax revenue collected under this chapter into the Uniform School Fund.
(2)
(a)
The commission shall deposit tax revenue collected under Subsection 
59-24-103.5(3)
 into the Utah Energy Research Fund created in Section 
79-6-1002
.
(b)
The commission may require a radioactive waste facility to share data related to 
radioactive waste delivered by a generator to the radioactive waste facility for the 
purposes of calculating the deposit of tax revenue as described in Subsection 
(2)(a)
.
Section 8, Section 
63I-2-259
 is amended to read:
63I-2-259
Effective 
05/07/25
. Repeal dates: Title 59.
(1)
Subsection 
59-7-610
(8), regarding claiming a tax credit in the same taxable year as the 
targeted business income tax credit, is repealed December 31, 2024.
(2)
Subsection 
59-7-614.10
(5), regarding claiming a tax credit in the same taxable year as 
the targeted business income tax credit, is repealed December 31, 2024.
(3)
Section 
59-7-624
, Targeted business income tax credit, is repealed December 31, 2024.
(4)
Subsection 
59-10-210
(2)(b)(vi), regarding Section 
59-10-1112
, is repealed December 
31, 2024.
(5)
Subsection 
59-10-1007
(8), regarding claiming a tax credit in the same taxable year as 
the targeted business income tax credit, is repealed December 31, 2024.
(6)
Subsection 
59-10-1037
(5), regarding claiming a tax credit in the same taxable year as 
the targeted business income tax credit, is repealed December 31, 2024.
(7)
Section 
59-10-1112
, Targeted business income tax credit, is repealed December 31, 
2024.
(8)
Section 
59-24-103.8
, Radioactive waste facility expansion tax -- Payment -- Deposit of 
tax revenue, is repealed July 1, 2026.
Section 9. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect July 1, 2025.
(2)
The actions affecting the following sections take effect on May 7, 2025:
(a)
Section 
19-3-102
 (Effective 05/07/25);
(b)
Section 
19-3-105
 (Effective 05/07/25); and
(c)
Section 
63I-2-259
 (Effective 05/07/25).
Section 10. 
Coordinating S.B. 216 with H.B. 249.
If S.B. 216, Environmental Quality Amendments, and H.B. 249, Nuclear Power 
Amendments, both pass and become law, the Legislature intends that, on July 1, 2025:
(1) Subsection 
59-24-103.8(5)
, enacted in S.B. 216, be amended to read:
"(5) The commission shall deposit the tax revenue collected under this section into the 
Electrical Energy Development Investment Fund created in Section 
79-6-1105
.";
(2) Subsection 
59-24-105(2)(a)
, enacted in S.B. 216, be amended to read:
"(2)(a) The commission shall deposit tax revenue collected under Subsection 
59-24-103.5(3)
into the Electrical Energy Development Investment Fund created in Section 
79-6-1105
.";
(3) Subsection 
79-6-1105(2)
, enacted in H.B. 249, be amended to read:
"(2) The fund consists of:
(a) property tax differential revenue collected under Section 
79-6-1104
;
(b) revenue from the radioactive waste facility expansion tax collected under Section 
59-24-103.8
; and
(c) revenue from a tax on new generators of radioactive waste as described in Subsection 
59-24-103.5(3)
."; and
(4) Section 
79-6-1106
, enacted in H.B. 249, be amended to read:
"(1) The council may use fund money to:
(a) facilitate electrical energy infrastructure development within the state, including:
(i) transmission and distribution lines;
(ii) pipeline development;
(iii) energy storage facilities;
(iv) generation facilities;
(v) related infrastructure; and
(vi) to fund research, site selection, permitting, public outreach, and other activities 
related to the development of nuclear energy;
(b) provide matching funds for federal energy development grants;
(c) support energy workforce development programs;
(d) provide incentives for electrical energy development projects; and
(e) pay for administrative expenses related to the council's duties.
(2) Fund money derived from the radioactive waste facility expansion tax revenue collected 
under Section 
59-24-103.8
 is prioritized for activities related to the development of nuclear 
energy.".
3-7-25 3:32 PM