February 17, 2006

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Bill to Constrain Governor is OK'd, But Veto is Likely
By Joe Bauman
Deseret Morning News, UT
February 16, 2006

The House of Representatives approved a bill Wednesday to reduce the governor's authority in nuclear waste matters. But supporters of SB70 didn't have the votes to override the promised veto of the measure by Gov. Jon Huntsman Jr.

Ironically, a gubernatorial veto of nuclear waste actions is at the heart of SB70, sponsored by Sen. Howard A. Stephenson, R-Draper.

The bill seeks to give the Legislature the power to override a decision by the governor regarding the siting or change of operation of a low-level nuclear waste disposal facility. It also covers other types of waste disposal, but the nuclear side is the focus of the controversy.

Under a law passed in the early 1990s, regulators, the Legislature and the governor must each give approval for such a change. This year, Gov. Jon Huntsman Jr. announced that he would not approve the expansion of the operations of Envirocare (now named EnergySolutions) at its Tooele County landfill.

Stephenson said that spurred him to sponsor legislation that would give the Legislature the same override authority in radioactive waste matters as it does in other issues. The bill did exempt high-level nuclear waste from the override authority.

The bill passed the Senate by a 22-6 vote and on Wednesday passed 47-27 — three votes shy of those needed to override Huntsman's promised veto.

"There's a constitutional right for us to have a veto power," said Rep. Stuart Adams, R-Layton, who introduced the bill in the House.

House Majority White Steve Urquhart, R-St. George, failed to amend the bill to make it apply only to non-hazardous waste, one of several categories covered by SB70.

The amendment "would leave radioactive and hazardous waste subject to the current process, which requires a concurrent resolution" by the Legislature and governor, he said.

"I strongly resist the amendment," declared Adams. "This is a matter of constitutional right and a matter of policy." He objected to letting one person have the power of saying no to a proposal, whether it concerns education or waste.

Radioactive waste, said Urquhart, is "something that's going to be in the state longer than all the 'begats' in Genesis." That requires a special process for approval, he said.

When the House discussed the bill itself, House Minority Leader Ralph Becker, D-Salt Lake, argued for "a higher burden placed on those who want to bring in (radioactive) waste from out of state . . . "

"Having the extra check of a gubernatorial approval protects our citizens."

Mike Mower, the governor's deputy chief of staff, said he was disappointed the bill passed, but relieved it didn't have the veto-proof margin.

But Adams said he would "go to work" to get the support to reconsider the bill for another vote.

Legislators indicated the governor must decide whether to veto a bill within 10 days of passage. The timing of Wednesday's House vote would allow lawmakers to re-vote the bill and override a veto before the session adjourns at midnight March 1.

E-mail: bau@desnews.com