Nuclear Regulatory Amendments

21
19-3-113
19-3-321
19-14-101
19-14-102
19-14-103
19-14-104
1
Nuclear Regulatory Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill establishes the Nuclear Energy Regulatory Office within the Division of Waste
Management and Radiation Control.
Highlighted Provisions:
This bill:
defines terms;
establishes the Nuclear Energy Regulatory Office within the Division of Waste
Management and Radiation Control;
grants rulemaking authority to the division for nuclear energy regulation;
authorizes establishment and collection of fees for nuclear energy licensing and oversight;
directs the division to pursue expanded Agreement State status with the United States
Nuclear Regulatory Commission;
authorizes the director to enter cooperative agreements with federal agencies; and
authorizes new positions for the Nuclear Energy Regulatory Office.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-3-113
, as renumbered and amended by Laws of Utah 1991, Chapter 112
ENACTS:
19-3-321
, Utah Code Annotated 1953
19-14-101
, Utah Code Annotated 1953
19-14-102
, Utah Code Annotated 1953
19-14-103
, Utah Code Annotated 1953
19-14-104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
19-3-113
is amended to read:
19-3-113
. Federal-state agreement regarding radiation control.
(1)
The governor, on behalf of the state, may enter into agreements with the federal
government providing for discontinuation of the federal government's responsibilities
with respect to sources of ionizing radiation and the assumption thereof by the state,
pursuant to Section
19-3-104
.
(2)
Any person who, on the effective date of an agreement under Subsection
(1)
, possesses
a license issued by the federal government is considered to possess a federal license
pursuant to a license issued by the department which shall expire either 90 days after
receipt from the department of a notice of expiration of the license, or on the date of
expiration specified in the federal license, whichever is earlier.
(3)
Subject to authorization by the United States Nuclear Regulatory Commission, the
division may oversee, regulate, or license activities related to the nuclear fuel cycle
within state jurisdiction, including:
(a)
fuel enrichment;
(b)
fuel fabrication;
(c)
fuel conversion;
(d)
fuel reprocessing;
(e)
storage of nuclear material; and
(f)
waste management associated with nuclear fuel cycle activities.
(4)
The provisions of this section apply to agreements related to nuclear energy regulation
described in Title 19, Chapter 14, Nuclear Energy Regulation Act.
Section 2. Section
19-3-321
is enacted to read:
19-3-321
. Exemptions.
This part does not apply to interim storage of nuclear waste if:
(1)
the waste:
(a)
is produced from a project authorized by the United States Department of Energy;
(b)
is from a test reactor; and
(c)
is produced at a facility owned by the state; and
(2)
the project described in Subsection
(1)(a)
is permitted and licensed by the division
under this title.
Section 3. Section
19-14-101
is enacted to read:
14. Nuclear Energy Regulation Act
1. General Provisions
19-14-101
. Definitions.
(1)
"Agreement State" means a state with which the Nuclear Regulatory Commission has
entered into an agreement under Section 274 of the Atomic Energy Act of 1954, 42
U.S.C. Sec. 2021, authorizing the state to regulate certain radioactive materials within
the state.
(2)
"Board" means the Waste Management and Radiation Control Board created in Section
19-1-106
.
(3)
"Director" means the director of the Division of Waste Management and Radiation
Control.
(4)
"Division" means the Division of Waste Management and Radiation Control created in
Subsection
19-1-105(1)(d)
.
(5)
"Nuclear fuel cycle" means activities related to nuclear energy production, including:
(a)
uranium enrichment;
(b)
fuel fabrication;
(c)
fuel reprocessing;
(d)
storage of nuclear material; and
(e)
waste management associated with nuclear fuel cycle activities.
(6)
"Nuclear Regulatory Commission" means the United States Nuclear Regulatory
Commission established under the Energy Reorganization Act of 1974 to regulate
civilian use of nuclear materials.
(7)
"Office" means the Nuclear Energy Regulatory Office created in Section
19-14-102
.
Section 4. Section
19-14-102
is enacted to read:
19-14-102
. Nuclear Energy Regulatory Office -- Creation -- Duties -- Staffing.
(1)
There is created within the division the Nuclear Energy Regulatory Office.
(2)
The office shall:
(a)
coordinate state activities related to nuclear energy regulation;
(b)
serve as the primary liaison between the state and the Nuclear Regulatory
Commission regarding:
(i)
licensing of nuclear fuel cycle activities; and
(ii)
the state's Agreement State status on all levels of the nuclear fuel cycle;
(c)
oversee the division's regulation of nuclear fuel cycle activities within state
jurisdiction, as authorized by the Nuclear Regulatory Commission;
(d)
administer licensing and permitting programs for nuclear fuel cycle activities
established under Section
19-14-103
;
(e)
conduct compliance inspections and enforcement activities related to nuclear fuel
cycle activities; and
(f)
provide technical assistance and guidance to applicants and licensees regarding
nuclear energy regulation.
(3)
The division may employ staff necessary to carry out the duties of the office.
Section 5. Section
19-14-103
is enacted to read:
19-14-103
. Nuclear energy regulation -- Rulemaking and fee authority.
(1)
(a)
Subject to authorization by the Nuclear Regulatory Commission, the division may
regulate or license activities related to the nuclear fuel cycle within state jurisdiction.
(b)
Chapter 3, Part 3, Placement of High Level Nuclear Waste, does not apply to
nuclear fuel cycle activities regulated or licensed by the division under this chapter.
(2)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board may make rules establishing:
(a)
requirements and procedures for licensing nuclear fuel cycle activities;
(b)
standards and performance objectives for:
(i)
nuclear fuel cycle facility siting;
(ii)
compliance inspections;
(iii)
safety requirements;
(iv)
security measures;
(v)
environmental protection measures;
(vi)
emergency preparedness and response; and
(vii)
financial assurance and decommissioning;
(c)
procedures for coordinating with the Nuclear Regulatory Commission on regulatory
processes;
(d)
qualification and training requirements for licensees and applicants;
(e)
record keeping and reporting requirements; and
(f)
enforcement procedures and penalties for violations of this chapter or rules made
under this chapter.
(3)
(a)
The division may establish and collect fees sufficient to cover the costs of:
(i)
licensing reviews and application processing;
(ii)
compliance inspections;
(iii)
program administration;
(iv)
staff training and development; and
(v)
cooperative activities with federal agencies.
(b)
The division shall comply with the requirements of Section
63J-1-504
in establishing
fees under this Subsection
(3)
.
(c)
The division shall deposit fees the division receives under this Subsection
(3)
into the
Environmental Quality Restricted Account created in Section
19-1-108
.
Section 6. Section
19-14-104
is enacted to read:
19-14-104
. Federal engagement -- Agreement State status expansion --
Cooperative agreements -- Reporting.
(1)
The division shall:
(a)
evaluate the feasibility and benefit of pursuing expanded Agreement State status with
the Nuclear Regulatory Commission regarding nuclear fuel cycle activities;
(b)
if the division determines that pursuing expanded Agreement State status is feasible
and beneficial, pursue expanded Agreement State status with the Nuclear Regulatory
Commission; and
(c)
develop procedures for coordinating with the Nuclear Regulatory Commission on
regulatory processes retained by the federal government.
(2)
The director may enter into cooperative agreements or memoranda of understanding
with the Nuclear Regulatory Commission or other federal agencies to:
(a)
implement this chapter;
(b)
facilitate coordination between state and federal nuclear energy regulation;
(c)
ensure consistent regulatory standards;
(d)
share technical expertise and resources; and
(e)
provide for joint inspections or other cooperative activities.
(3)
On or before November 30 of each year, the division shall report to the Natural
Resources, Agriculture, and Environment Interim Committee regarding:
(a)
progress toward expanded Agreement State status;
(b)
nuclear fuel cycle activities licensed or regulated by the state;
(c)
fees collected under Section
19-14-103
;
(d)
staffing levels and training activities for the office;
(e)
coordination activities with federal agencies; and
(f)
any significant challenges or issues encountered in implementing this chapter.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 12:00 PM