January 25, 2006

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Committee OKs Changes to Nuke Waste Site Approval
By Alan Choate
Provo Daily Herald, UT  
January 24, 2006

A proposal that would allow the state Legislature to override the governor's veto of waste disposal sites is aimed only at correcting an imbalance of power, said its sponsor, Sen. Howard Stephenson, R-Draper -- and not, as critics allege, at helping a specific company.

Many members of a restive audience didn't believe him, but the Senate Natural Resources, Agriculture and Environment Committee approved the bill 3-2 Monday and sent it to the full Senate.

Stephenson's bill would allow the state Legislature to override the governor's veto of certain kinds of waste disposal projects, including sites that would accept low-level radioactive waste.

The senator called it a checks-and-balances issue, noting that in most cases the Legislature can overcome a governor's veto by mustering two-thirds majorities in both the Senate and the House of Representatives.

That's not the case in the law establishing the approval process for waste disposal sites, Stephenson said.

"The Legislature abandoned its authority established in the Constitution for a veto," he said. "We essentially gave the governor absolute power.

"I think it's time we correct that now, rather than later."

Others, however, said it's not something that needs correcting -- and they speculated that the bill is really a favor for Envirocare, a company whose plans to expand a radioactive disposal site in Clive are opposed by Gov. Jon Huntsman Jr.

Jason Groenewold of the Healthy Environment Alliance of Utah noted that several entities have veto power over such projects, including local planning officials, the Legislature and the governor -- and he said that's the way it should be.

"Once you make the decision to allow the facilities to open or expand ... we have to live with that decision not for hundreds of years, but thousands of years," Groenewold said.

Several others lined up to speak against the bill who opposed allowing more waste into Utah and worried that passing it would taint the Legislature.

"This is an end-run around the process and it's an end-run around the governor," said Claire Geddes, a Salt Lake City activist. "You'll be giving up more than this landfill. You'll be giving up the integrity of the legislative process."

Democratic Sens. Fred Fife and Scott McCoy, both of Salt Lake City, voted against the bill, with Fife arguing that approval of such facilities should be unanimous.

Before committee approval, the bill was amended so that it wouldn't take effect until July 2007, should it pass the House and be signed by Huntsman -- or, as is more likely, the Legislature overrides a veto.

"The effective date doesn't matter," Stephenson said. "It's the principle that's important to me."

Some audience members had differing opinions about when the law should take effect.

"Make it 2015," someone from the audience said.

"No, 3015!" another opponent called out.

SB 70: Process for Approval of Waste Disposal Amendments

Sponsor: Sen. Howard Stephenson, R-Draper

It would allow the state Legislature, with a two-thirds vote of both houses, to override a governor's veto of new or expanded disposal sites for solid waste, hazardous waste and low-level radioactive waste.