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Fact gov-017

newrecordconfirmed 2026 HB 78: a waste-law exemption that fits Ward 250 exactly, conditioned on a state permit and license not yet found
2026-05-06 · gov-017 · Utah State Legislature, Utah Division of Waste Management and Radiation Control, Nuclear Energy Regulatory Office, Carl Albrecht, Derrin Owens, Valar Atomics

2026 H.B. 78, 'Nuclear Regulatory Amendments' (Rep. Carl Albrecht, Sen. Derrin Owens; effective 6 May 2026), creates a Nuclear Energy Regulatory Office inside the Division of Waste Management and Radiation Control (DWMRC), lets the division regulate fuel-cycle activities (enrichment, fabrication, storage, waste) 'subject to authorization' by the NRC, directs it to weigh expanded Agreement State status, and requires a yearly report to the Natural Resources interim committee by 30 November. Its new 19-3-321 exempts from Part 3 of the Radiation Control Act, 'Placement of High Level Nuclear Waste' (whose licensing path requires approval by the governor and Legislature, 19-3-304), the interim storage of waste that is 'produced from a project authorized by' DOE, 'from a test reactor', and 'at a facility owned by the state', but only if the project 'is permitted and licensed by the division'. Ward 250 is the one DOE-authorized test reactor on state-owned property in Utah found in the record (csite-023, mine-035). No DWMRC permit or license naming Valar was found (open question in carbon_site.json); the lab itself holds low-level radioactive-material licenses, per its director's August 2025 remarks to the Energy Research Board (gov-013). The bill does not give the state any authority over a DOE-authorized reactor's operation, which stays with DOE (safe-034).

In plain termsUtah law normally restricts placing highly radioactive waste in the state and requires the governor's and Legislature's approval for it. In 2026 the Legislature carved out an exception for spent fuel from a DOE-approved test reactor on state land, which describes Valar's Emery County reactor and nothing else found. The exception only applies if the state's radiation division issues a permit and license, and no such permit has been found in public records. The same law sets up a small state nuclear office, but it regulates fuel and waste, not how the reactor runs.
verified 2026-09-29: Re-read HB 78 (2026) 2026-09-29: sponsors, 6 May 2026 effective date, 19-3-321 conditions and quote exact. Holds; named the exempted part of the code (read) and its governor-and-Legislature approval path.

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