Enrolled Copy H.B. 250 1 ENVIRONMENTAL QUALITY REVENUE AMENDMENTS 2 2022 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Stewart E. Barlow 5 Senate Sponsor: Jani Iwamoto 6 7 LONG TITLE 8 General Description: 9 This bill addresses fees and funds related to environmental quality. 10 Highlighted Provisions: 11 This bill: 12 < changes where fees for registration, licensing, and inspection of radiation sources 13 are to be deposited; 14 < clarifies the revenue sources of the Hazardous Substances Mitigation Fund; 15 < changes where fees for registration of waste tire transporters and recyclers are to be 16 deposited; and 17 < makes technical changes. 18 Money Appropriated in this Bill: 19 None 20 Other Special Clauses: 21 This bill provides a special effective date. 22 Utah Code Sections Affected: 23 AMENDS: 24 19-1-108, as last amended by Laws of Utah 2018, Chapter 241 25 19-3-104, as last amended by Laws of Utah 2017, Chapter 360 26 19-6-307, as last amended by Laws of Utah 2018, Chapter 241 27 19-6-807, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20 28 29 Be it enacted by the Legislature of the state of Utah: H.B. 250 Enrolled Copy 30 Section 1. Section 19-1-108 is amended to read: 31 19-1-108. Environmental Quality Restricted Account. 32 (1) There is created the Environmental Quality Restricted Account. 33 (2) The sources of money for the [restricted account] Environmental Quality Restricted 34 Account are: 35 (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4 36 and other fees collected under Subsection 19-3-104(5) or 19-3-104(6); 37 (b) hazardous waste disposal fees collected under Section 19-6-118; 38 (c) PCB waste disposal fees collected under Section 19-6-118.5; 39 (d) nonhazardous solid waste disposal fees collected under Section 19-6-119; and 40 (e) the investment income derived from money in the Environmental Quality 41 Restricted Account. 42 (3) In each fiscal year the balance of the money collected from the waste disposal fees 43 listed in Subsection (2), collectively, shall be deposited [in] into the Environmental Quality 44 Restricted Account. 45 (4) The Legislature may annually appropriate money from the Environmental Quality 46 Restricted Account to the department for the costs of administering: 47 (a) radiation control programs; and 48 (b) solid and hazardous waste programs. 49 (5) Each fiscal year beginning on or after July 1, 2018, and ending on or before June 50 30, 2022, the Division of Finance shall transfer $200,000 from the Environmental Quality 51 Restricted Account to the Hazardous Substances Mitigation Fund, to provide money to: 52 (a) meet the state's cost share requirements for cleanup under the Comprehensive 53 Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq. 54 as amended; and 55 (b) respond to an emergency as provided in Section 19-6-309. 56 (6) After the requirements of Subsection (3) are met, sources of money for the 57 [restricted account] Environmental Quality Restricted Account described in Subsection (2)(a) -2- Enrolled Copy H.B. 250 58 may only be used for the purpose described in Subsection (4)(a). 59 (7) [In order to] To stabilize funding for the radiation control [program] programs and 60 the solid and hazardous waste [program] programs, the Legislature shall in years of excess 61 revenues reserve in the Environmental Quality Restricted Account sufficient money to meet 62 departmental needs in years of projected shortages. 63 (8) The Legislature may not appropriate money from the General Fund to the 64 department as a supplemental appropriation to cover the costs of the radiation control 65 [program] programs and the solid and hazardous waste [program] programs in an amount 66 exceeding 25% of the amount of waste disposal fees collected during the most recent prior 67 fiscal year. 68 (9) Money appropriated under this part that is not expended at the end of the fiscal year 69 lapses into the Environmental Quality Restricted Account. 70 (10) (a) The balance in the Environmental Quality Restricted Account may not exceed 71 $4,000,000 above the anticipated revenue need for the money in the [restricted account] 72 Environmental Quality Restricted Account for the fiscal year. 73 (b) Excess funds under Subsection (10)(a) shall be credited on a proportionate basis to 74 each person who paid money to the [fund] Environmental Quality Restricted Account in the 75 previous fiscal year. 76 Section 2. Section 19-3-104 is amended to read: 77 19-3-104. Registration and licensing of radiation sources by department -- 78 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria -- Indirect 79 and direct costs. 80 (1) As used in this section: 81 (a) "Decommissioning" includes financial assurance. 82 (b) "Source material" and "byproduct material" mean the same as those terms are 83 defined in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as amended. 84 (2) The division may require the registration or licensing of radiation sources that 85 constitute a significant health hazard. -3- H.B. 250 Enrolled Copy 86 (3) [All sources] A source of ionizing radiation, including an ionizing radiation 87 producing [machines] machine, shall be registered or licensed by the department. 88 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 89 board may make rules: 90 (a) necessary for controlling exposure to sources of radiation that constitute a 91 significant health hazard; 92 (b) to meet the requirements of federal law relating to radiation control to ensure the 93 radiation control [program] programs under this part [is] are qualified to maintain primacy 94 from the federal government; 95 (c) to establish certification procedure and qualifications for persons who survey 96 mammography equipment and oversee quality assurance practices at mammography facilities; 97 and 98 (d) as necessary regarding the possession, use, transfer, or delivery of source and 99 byproduct material and the disposal of byproduct material to establish requirements for: 100 (i) the licensing, operation, decontamination, and decommissioning, including financial 101 assurances; and 102 (ii) the reclamation of sites, structures, and equipment used in conjunction with the 103 activities described in this Subsection (4). 104 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and 105 byproduct material and the disposal of byproduct material at uranium mills or commercial 106 waste facilities, as provided in this Subsection (5). 107 [(b) On and after January 1, 2003, through March 30, 2003:] 108 [(i) $6,667 per month for uranium mills or commercial sites disposing of or 109 reprocessing byproduct material; and] 110 [(ii) $4,167 per month for those uranium mills the director has determined are on 111 standby status.] 112 [(c) On and after March 31, 2003, through June 30, 2003, the same fees as in 113 Subsection (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah -4- Enrolled Copy H.B. 250 114 an amendment for agreement state status for uranium recovery regulation on or before March 115 30, 2003.] 116 [(d)] (b) If the Nuclear Regulatory Commission does not grant the amendment for state 117 agreement status on or before March 30, 2003, fees under Subsection (5)[(e)](c) do not apply 118 and are not required to be paid until on and after the later date of: 119 (i) October 1, 2003; or 120 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for 121 agreement state status for uranium recovery regulation. 122 [(e)] (c) For the payment periods beginning on and after July 1, 2003, the department 123 shall establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to the 124 restrictions under Subsection (5)[(d)](b). 125 [(f)] (d) The division shall deposit fees [it] the division receives under this Subsection 126 (5) into the Environmental Quality Restricted Account created in Section 19-1-108. 127 (6) (a) The division shall assess fees for registration, licensing, and inspection of 128 radiation sources under this section. 129 (b) The division shall comply with the requirements of Section 63J-1-504 in assessing 130 fees for licensure and registration. 131 (c) The division shall deposit fees the division receives under this Subsection (6) into 132 the Environmental Quality Restricted Account created in Section 19-1-108. 133 (7) (a) Except as provided in Subsection (8), [and in accordance with Title 63G, 134 Chapter 3, Utah Administrative Rulemaking Act,] the board may not adopt rules, for the 135 purpose of the state assuming responsibilities from the United States Nuclear Regulatory 136 Commission with respect to regulation of sources of ionizing radiation, that are more stringent 137 than the corresponding federal regulations [which] that address the same circumstances. 138 (b) In adopting [those] rules, in accordance with Title 63G, Chapter 3, Utah 139 Administrative Rulemaking Act, the board may incorporate corresponding federal regulations 140 by reference. 141 (8) (a) The board may adopt rules, in accordance with Title 63G, Chapter 3, Utah -5- H.B. 250 Enrolled Copy 142 Administrative Rulemaking Act, that are more stringent than corresponding federal regulations 143 for the purpose described in Subsection (7) only if [it] the board makes a written finding after 144 public comment and hearing and based on evidence in the record that corresponding federal 145 regulations are not adequate to protect public health and the environment of the state. 146 (b) [Those] The findings described in Subsection (8)(a) shall be accompanied by an 147 opinion referring to and evaluating the public health and environmental information and studies 148 contained in the record [which] that form the basis for the board's conclusion. 149 (9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 150 the board shall by rule: 151 (i) authorize independent qualified experts to conduct inspections required under this 152 chapter of x-ray facilities registered with the division; and 153 (ii) establish qualifications and certification procedures necessary for independent 154 experts to conduct [these] the inspections described in Subsection (9)(a)(i). 155 (b) Independent experts under this Subsection (9) are not considered employees or 156 representatives of the division or the state when conducting the inspections. 157 (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 158 Act, the board may by rule establish criteria for siting commercial low-level radioactive waste 159 treatment or disposal facilities, subject to the prohibition imposed by Section 19-3-103.7. 160 (b) Subject to Subsection 19-3-105(10), any facility under Subsection (10)(a) for which 161 a radioactive material license is required by this section shall comply with [those] criteria 162 established under this Subsection (10). 163 (c) Subject to Subsection 19-3-105(10), a facility may not receive a radioactive 164 material license until siting criteria have been established by the board. The criteria also apply 165 to facilities that have applied for but not received a radioactive material license. 166 (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 167 the board shall make rules that: 168 (a) establish financial assurance requirements for closure and postclosure care of 169 radioactive waste land disposal facilities; and -6- Enrolled Copy H.B. 250 170 (b) establish financial assurance requirements for closure and postclosure care of an 171 unlicensed facility. 172 (12) The rules described in Subsection (11) shall include the following provisions: 173 (a) the financial assurance shall be based on an annual estimate and shall include 174 closure and postclosure costs in [all] areas subject to the licensed or permitted portions of the 175 facility; 176 (b) financial assurance for an unlicensed facility that supports the operation of a 177 licensed or permitted facility shall include the estimated cost of: 178 (i) the removal of structures; 179 (ii) the testing of structures, roads, and property to ensure no radiological 180 contamination has occurred outside of the licensed area; and 181 (iii) stabilization and water infiltration control; 182 (c) financial assurance cost estimates for a single approved waste disposal unit for 183 which the volume of waste already placed and proposed to be placed in the unit within the 184 surety period is less than the full waste capacity of the unit shall reflect the closure and 185 postclosure costs for a waste disposal unit smaller than the approved waste disposal unit, if the 186 unit could be reduced in size, meet closure requirements, and reduce closure costs; 187 (d) financial assurance cost estimates for two approved adjacent waste disposal units 188 that have been approved to be combined into a single unit and for which the combined volume 189 of waste already placed and proposed to be placed in the units within the surety period is less 190 than the combined waste capacity for the two separate units shall reflect either two separate 191 waste disposal units or a single combined unit, whichever has the lowest closure and 192 postclosure costs; 193 (e) the licensee or permittee shall annually propose closure and postclosure costs upon 194 which financial assurance amounts are based, including costs of potential remediation at the 195 licensed or permitted facility and, notwithstanding the obligations described in Subsection 196 (12)(b), any unlicensed facility; 197 (f) to provide the information in Subsection (12)(e), the licensee or permittee shall -7- H.B. 250 Enrolled Copy 198 provide: 199 (i) a proposed annual cost estimate using the current edition of RS Means Facilities 200 Construction Cost Data or using a process, including an indirect cost multiplier, previously 201 agreed to between the licensee or permittee and the director; or 202 (ii) (A) for an initial financial assurance determination and for each financial assurance 203 determination every five years thereafter, a proposed competitive site-specific estimate for 204 closure and postclosure care of the facility at least once every five years; and 205 (B) for each year between a financial assurance determination described in Subsection 206 (12)(f)(ii)(A), a proposed financial assurance estimate that accounts for current site conditions 207 and that includes an annual inflation adjustment to the financial assurance determination using 208 the Gross Domestic Product Implicit Price Deflator of the Bureau of Economic Analysis, 209 United States Department of Commerce, calculated by dividing the latest annual deflator by the 210 deflator for the previous year; and 211 (g) the director shall: 212 (i) annually review the licensee's or permittee's proposed closure and postclosure 213 estimate; and 214 (ii) approve the estimate if the director determines that the estimate would be sufficient 215 to provide for closure and postclosure costs. 216 (13) Subject to the financial assurance requirements described in Subsections (11) and 217 (12), if the director and the licensee or permittee do not agree on a final financial assurance 218 determination made by the director, the licensee or permittee may appeal the determination in: 219 (a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform 220 Arbitration Act, with the costs of the arbitration to be split equally between the licensee or 221 permittee and the division, if both the licensee or permittee and the director agree in writing to 222 arbitration; or 223 (b) a special adjudicative proceeding under Section 19-1-301.5. 224 Section 3. Section 19-6-307 is amended to read: 225 19-6-307. Hazardous Substances Mitigation Fund. -8- Enrolled Copy H.B. 250 226 (1) There is created an expendable special revenue fund entitled the "Hazardous 227 Substances Mitigation Fund."