H.B. 78 Nuclear Regulatory Amendments

What this bill does

H.B. 78 would create a nuclear energy regulatory office within the state's Division of Waste Management and Radiation Control. The office would get rulemaking power, could set and collect fees from nuclear businesses, and the state would pursue expanded authority from the federal Nuclear Regulatory Commission.

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Every vote

• 9 yes, 0 no, 3 absentHouse Public Utilities and Energy Committee: Amendment Recommendation · Jan 21, 2026Who voted how
• 10 yes, 0 no, 2 absentHouse Public Utilities and Energy Committee: vote to approve it · Jan 21, 2026Who voted how
• 75 yes, 0 noFinal House vote · Jan 26, 2026Who voted how
• 5 yes, 0 no, 3 absentSenate Transportation, Public Utilities, Energy, and Technology Committee: Amendment Recommendation · Jan 30, 2026Who voted how
• 5 yes, 0 no, 3 absentSenate Transportation, Public Utilities, Energy, and Technology Committee: vote to approve it · Jan 30, 2026Who voted how
• 23 yes, 1 no, 5 absentFirst of two Senate votes · Feb 5, 2026Who voted how
• 23 yes, 2 no, 4 absentFinal Senate vote · Mar 4, 2026Who voted how
• 61 yes, 8 no, 6 absentHouse vote to accept the other chamber's changes · Mar 5, 2026Who voted how

Hearings and debates

• Jan 21, 2026 House Public Utilities and Energy Committee▶ Watch
  Transcript (41 turns)

  1. Committee chair (presiding)9:12

     and, uh, you can introduce yourself, the bill and your guest.

  2. Rep. Carl R. Albrecht9:19

     Thank you, Mr. Chair. Uh, good to be with you back in this committee, illustrious committee and committee members. Um, I'm Carl Ulbrich. I'm on the committee. Um, I've got Tim Davis from Department of Environmental Quality with me, and he'll, he'll add a few comments, uh, after I present the bill, HB 78 Nuclear Regulatory Amendments. Uh, this bill was formulated, uh, this summer and fall, uh, with the energy working group that we had between the House and the Senate. Uh, it's kind of a follow up from last year's HB 2 49. Um, I'd like to just talk a little bit about what the bill does and then, uh, have Mr. Davis make some comments and then, uh, we can answer questions. The bill, uh, main purpose of the bill is to establish a nuclear regulatory office within the State's Division of Waste Management and Radiation, which would control, uh, and handle nuclear energy regulation for the state. It also authorizes the division subject to approval by the US Nuclear Regulatory Commission to regulate activities related to the nuclear fuel cycle, including uranium enrichment, fuel fabrication, fuel reprocessing, uh, nuclear material storage, and associated Waste Management. Uh, other provisions is it creates a new office to coordinate with the nuclear energy regulation to coordinate nuclear energy regulation and serves as the primary liaison with our federal regulators. Uh, so it would have rule making authority to establishing licensing requirements, safety standards, security measures, and enforcement procedures. Uh, it authorizes fee collection to cover licensing, reviews, inspections and program administration. And it directs the division to evaluate and pursue expanded quote, agreement state status with the Nuclear Regulatory Commission, which would give Utah greater authority to regulate, uh, certain nuclear activities. And it allows the director to, uh, Mr. Davis to enter into agreements with federal agencies. The division would be required to report annually to the legislature on the progress, uh, towards this, uh, regulatory authority. I met with, uh, Utah Association of Counties today, and, and I mentioned that I was running this bill. I, there's no reason why Utah should not be doing this. The NRC Nuclear Regulatory Commission in DC uh, is another typical federal agency. We have the personnel, the expertise, and, um, everything we need in the state of Utah to do this. And I mentioned that to those folks, and they gave me a novation for it. I think this is very important for the state of Utah going forward. Um, there is a fiscal note, uh, and we can talk about that in a minute, but I would like to have, uh, Mr. Davis make a few comments, if that's all right. Mr. Chair?

  3. Committee chair (presiding)13:08

     Yes, go ahead, please. Thank you, Mr. Davis.

  4. Tim Davis, Executive Director, Department of Environmental Quality13:11

     Mr. Chair. Tim Davis, executive Director of the Department of Environmental Quality. It's good to see you. Um, the, um, as Representative Albrecht said, the, um, the legislation would direct the department through in, uh, my division of waste management radiation control. And I have my new, uh, director of that division here today, as well as one of his assistant directors, who we've already moved two of our, uh, nuclear lifecycle programs underneath a single assistant director to begin to prepare for this legislation and to prepare Utah for being able to move forward quickly, but also safely on nuclear power. Um, this legislation in the creation of the nuclear inter, uh, energy regulatory office for the state of Utah will allow us to continue to build the technical expertise that we need to ensure that nuclear, uh, the different parts of nuclear lifecycle, uh, can efficiently come to Utah, that we can safely implement those and efficiently implement those. Um, and it, as, uh, Representative Albrecht said, it allows us, uh, uh, more authority, uh, to engage with the Nuclear Regulatory Commission on, uh, exploring assumption of additional federal authority for nuclear programs that would not be possible if we did not have, uh, this office and the ability to establish state regulatory framework, uh, for, for nuclear power here. So, uh, we are one, the one state in the nation that has a conventional uranium mill already. We also are one of only two states with a, uh, commercial low level radioactive waste disposal facility. And so we're, we've got kind of bookends already. This allows us to fill in everything in the middle.

  5. Tim Davis, Executive Director, Department of Environmental Quality14:51

     And, and Mr. Chair, if I may, uh, talk about the, Uh, Mr.

  6. Unknown speaker14:56speaker not certain

     Chair. Let's, let's prepare an amendment from this committee. Uh, if I could, if you'll go to the bill on page two, uh, on item three. Have you got line numbers that makes it easier? Okay. Line, if we're looking at it on the computer line, um, 40, well, line 46 is where it starts. And it outlines fuel enrichment, fabrication, conversion reprocessing storage, I think after fuel enrichment. It's on the, that may I miss Mr. Chair. Go ahead.

  7. Unknown speaker15:35speaker not certain

     Okay, Mr. Chair, representative Robert, that list is, is correct, it's on page three, starting on line 51, where it defines nuclear nuclear fuel cycle. Uh, it's missing fuel conversion, so those two don't align. So you'd have to add fuel conversion under sub five on page three, starting at line, uh, 71. That's what I meant to say, Mr. Chair.

  8. Unknown speaker15:59speaker not certain

     All right. Fair enough. Yeah, I was counting them earlier and I only counted six, and I recollected there were seven. Right. So there's one more. Okay. Um, so we were just, That, that's a committee amendment I would propose.

  9. Committee chair (presiding)16:15

     Okay. So Motion. All right. So, so let's restate the motion then, right? All right. Would you restate your motion? Oh, I need to restate the motion. All right.

  10. Unknown speaker16:35speaker not certain

      So the motion is that we insert a line and it was on number, a new line. Was it 75? 75? Yeah, Mr. Chair. That, that'd be probably the, the proper place That puts it in the right order. It would be after fabric fuel fabrication to, uh, make both page two and page three. So it probably be line, uh, it'd be new line 74. Okay. So we're gonna modify the definition of nuclear fuel cycle by adding, what, what is it We're adding? Fuel Conversion. Fuel conversion. Alright. So we're modifying the, so the motion is to modify the definition of nuclear fuel cycle by adding fuel conversion to the, to the current list. The other six items stay there, is that correct? Correct.

  11. Committee chair (presiding)17:41

      Alright. Does, does everyone understand the motion we just made? And do we go ahead and move on that then? Committee. Committee. Discussion.

  12. Committee chair (presiding)17:48

      Discussion. All right. So any discussion by members of the committee? Oh, let's see. Yeah, represent. No, No, I just, Okay. Let me see if I can, all right, I see no questions from the committee. So we take it back to the sponsor for, for summation on that amendment.

  13. Rep. Carl R. Albrecht18:17

      I guess I'm the sponsor, so I would say, um, this clarifies the nuclear fuel cycle the way it should read.

  14. Committee chair (presiding)18:25

      Okay. Thank you. Alright, so then we take it to a vote on that. All right. So members of the committee will take a vote in favor of this amendment to, to modify the definition of nuclear fuel cycle by adding in fuel conversion. All in favor say aye. Any opposed? All right. Chair rules. That passes unanimously.

  15. Unknown speaker18:53speaker not certain

      So now we'll be hearing the amended, right? The HB 78.

  16. Committee chair (presiding)19:04

      Go back to his presentation. All right. Is there any more presentation then representative, or is that the last one? Should we talk about? You can, yeah.

  17. Rep. Carl R. Albrecht19:13

      The, uh, I'd like you to look at the fiscal note. Alright,

  18. Committee chair (presiding)19:17

      Let's look at That if you would, if there's any questions, maybe we could answer those. Alright, I've got the fiscal note up. It's attached to the bill online. Is there anyone on the committee that has questions regarding the fiscal note? I see no questions from the committee representative. Is there anything you want to tell the committee about it?

  19. Rep. Carl R. Albrecht19:50

      I, I just wanted to be transparent as possible on this, um, Mr. Chair. That's it. Okay. And that concludes my presentation.

  20. Committee chair (presiding)20:00

      Alright. Duly noted. Thank you. Okay, then, uh, I think we've amended the bill. We've heard the presentation, uh, we've had questions and answers, and I think we're now ready to hear To the committee. Alright, I guess we'll go then before, back to the committee if there's any questions on the, any questions on the amended? On the amended bill? Seeing none. Do we want to, is it public hearing? All right. Is there anyone here from the public to speak to HB? 78. All right. Anyone who's online to raise their hand. Okay, I see. See one, uh, yes.

  21. Committee chair (presiding)20:49

      Director Lasky will recognize you to come up.

  22. Emy Lesofski, Director, Office of Energy Development20:54

      Hi, Emmy Lasky from the Office of Energy Development. I just wanted to say that we thoroughly support this legislation in appreciative of Representative Albrecht's efforts to make sure that we have a safe and effective nuclear regulatory program for the state as we explore the future of nuclear. So, thank you.

  23. Committee chair (presiding)21:13

      Thank you. All right. Okay. So we see one comment online, it's Joan Entwistle. If you will, please turn on your camera and then you would identify yourself and tell us where you live.

  24. Joan Entwistle, Utah Sierra Club21:32

      Yes. Okay. My name is Joan Entwistle. Um, I live in Summit County, and today I'm speaking on behalf of the Utah Sierra Club, um, as a member of the Utah Chapter Legislative Committee, uh, I'm have, I am a retired person who moved to Utah seven years ago to enjoy Utah's spectacular scenery, having lived in New England my entire life, and graduated from the nation's oldest engineering school, Rens Rensselaer Polytechnic Institute. I've had energy from nuclear since I was nine years old, and I'm not afraid of it. However, I believe the nuclear re we believe the Nuclear Regulatory Commission sets the National Standards for nuclear safety for a reason. It has the expertise in the regulatory and historical perspective that is broader than just a single state, and that is necessary. Utah should not be in a hurry to rush into new advanced technologies for producing fuels and processing waste. With Utah, striving to be the future of energy development, we need to take, make sure we are developing energy safely and not at the cost of future generations. To cite an example of a failure of regulation of waste that is harming an entire country. We recently learned that shrimp, spices, and clothing from Indonesia are contaminated with CZM 1 37. This contamination was caused by radioactive metals accidentally sent to the steel recycling plant, causing a plume of radioactivity over a wide swath of Indonesia. CM 1 37 is not found naturally. It is found in nuclear waste and persists for 300 years. It builds up in our bodies and ev even low levels are associated with pediatric cardiovascular disease, cancers, and other illnesses. The safety regulations in place from the Nuclear Regulatory Commission have served well to prevent this from happening in our own country. And to continue to prevent this or other similar catastrophes from occurring in Utah, we should uphold the existing national standards of the Nuclear Regulatory Commission and reject fast tracking permits for new radioactive waste facilities. The people of Utah have already suffered enough from radioactive fallout. Please vote no on this bill.

  25. Committee chair (presiding)23:55

      Okay. Thank you. Uh, is there anyone else online that you guys can see? All right, then it looks like Okay, we're bringing it back to the Committee for Debate and Action.

  26. Committee chair (presiding)24:11

      And I have a light from Representative Dominguez. So much So I turned your mic on. Uh, let me try it. Well, I turned Try that one.

  27. Rep. Christine F. Watkins24:28

      Yep. That's it. Thank you so much, Mr. Chair. Um, thank you for bringing this forward. I know we've, when you have been working diligently on this bill, um, I know other states have done something similar with energy to oversee kind of the process with NERC and whatnot. Um, would this be in replace of nerc? Would this replace nerc the oversight in terms of, or how are we as a state going to be working with NERC directly? I don't think you'll ever replace a government agency like nerc. Okay. Yeah, no, I just, I just, I know that this is taking a step forward for nuclear, and I wanna make sure, you know, we understand what that process looks like. I just think we can do it ourselves. We have the expertise now, and we, we we're, we're very unique has been stated because Correct. We're, We have the resource, we have the mill down at Blanding, the white Mesa Mill. We have the San Rafael Energy Research Center where they're building a small reactor. We have announcements of nuclear at Brigham City, IPP. Um, we have the waste facility out at Clive. We're very well situated to handle this. And I think establishing an office within the state of Utah just gives us one more, uh, arrow in our quiver to make this work and make it work successfully in the state of Utah. Yeah. Thank you so much for this. I, I really appreciate it. I know, um, Representative Owens and I have talked about how that would look like, so I really appreciate this bill, and, and I think it's going in the right direction, so thank you. Thank you.

  28. Committee chair (presiding)26:11

      Thank you. Thank you, Representative Watkins.

  29. Rep. Christine F. Watkins26:15

      Thank you, Mr. Chair. Uh, may I make a motion, Uh, get that part? We've got, we've got one more question. Okay.

  30. Committee chair (presiding)26:23

      I'll wait. Thank you. It looks like, uh, is that Representative Shipp? Yeah. Okay. Go ahead.

  31. Rep. Ryan Shipp26:32

      Yeah. Thank you, Mr. Chair. Uh, the permitting process representative, uh, is that, uh, a long process or is it being shortened? Can you talk about the permitting to build new nuclear?

  32. Rep. Carl R. Albrecht26:50

      Well, I think NRC, uh, is trying to streamline theirs, but, um, you know, as well as I know, uh, anything in DC takes time and money. And, and if we, if we can do this here in the state of Utah and still provide safety and, and proper regulation, we ought to be doing it. Uh, and, uh, Mr. Davis has had many discussions in DC with the NRC and, and the Secretary of Energy, and they're on board. They realize that, uh, you know, we're moving forward in this area. And so, you know, just to give you an example, many years ago, well, not that many, they were proposing a big, uh, 3000 megawatt nuclear plant of Green River. Well, in those days, to license with NRC would probably take 10 to 15 years. And, you know, if we, if we can build some small nuclear reactors in the state of Utah, uh, properly dispersed where the power's needed to, data centers and whatever, uh, and if we can do it in five or six years, more power to us. Literally, no pun intended.

  33. Rep. Ryan Shipp28:15

      And, and, uh, Mr. Chair, if I could just make a comment. I, I agree with you. I know I happened to have the opportunity to be in Washington during the interim. We had a meeting with the EPA, I was talking about the NEPA process, and they seemed to be very, uh, interested in shortening the process and working with the state to do that. So I was just wondering if that would shorten up the process to get this done.

  34. Rep. Carl R. Albrecht28:43

      It will. I, I know exactly what you're talking about. I built a 30 mile power line, 1 38 KV transmission line, and it took me 12 years to get the final right away.

  35. Rep. Ryan Shipp28:57

      Thank you, Mr. Chair. Thank you, Representative Shipp.

  36. Committee chair (presiding)28:59

      All right. Representative Watkins, we're back to you. This is now, if that concludes debate, we're into action mode.

  37. Rep. Christine F. Watkins29:07

      Thank you, Mr. Chair. I'd like to make a motion that we pass out house bill 78 as amended. Is that correct? Uh, with a favorable recommendation.

  38. Committee chair (presiding)29:18

      Okay. That motion's. In order to pass out the amended HB 78 of out of this committee with a favorable recommendation, we'll take a vote. All in favor? Say, oh, sorry. Go to the committee for, Yeah. To the committee for discussion on the motion. Oh, okay. All right. We're gonna discuss the motion. Does anybody have, uh, a comment on the motion? Seeing none, the maker. Alright, back to the maker of the motion.

  39. Rep. Christine F. Watkins29:54

      Thank you. I think it's a great bill. Think we need to pass it out.

  40. Committee chair (presiding)29:57

      Okay. Now we're ready for a vote. Alright. All in favor, please say aye. Aye. Aye. Any opposed? All right. Uh, chair rules. That passes unanimously. Thank you, Mr. Chair. Thank you Representative Albrecht.

  41. Committee chair (presiding)30:18

      Alright, did we have, alright, do you wanna do Minutes? Oh, yeah. Um, give us a moment. Representative Albrecht stayed there, but we did not pass the minutes at the beginning. I was so excited to get started. We skipped over that. So we have the minutes from our March 3rd, 2025 meeting, our last meeting in the last regular session. So now it's our first meeting in this regular session. Could I get a motion to approve those minutes? Representative Shipp, uh, any discussion on the motion? All in favor say aye. Aye. Aye. Aye. Thank you. Alright, now that gets us back on track. Okay.

• Jan 26, 2026 House floor debate▶ Watch
  Transcript (23 turns)

  1. Speaker (presiding)22:34

     Representative Albrecht.

  2. Rep. Carl R. Albrecht22:36

     Thank you, Mr. Speaker. Uh, HB 78, uh, goes back to this summer when we had a, uh, energy working group between the Senate and the House. Uh, we met almost every week via Zoom or in person and talked about, uh, energy bills. This is a follow up, uh, again to HB 2 49, our nuclear bill that was passed last year. Our DEQ director, uh, Mr. Davis has been working with the, um, NRC, the Nuclear Regulatory Commission in DC and the Federal Energy Office. And what we're trying to do with this bill is, uh, establish our own nuclear energy regulatory office within the Division of Waste Management and Radiation Control under, uh, DEQ. This would grant, uh, rulemaking authority to the Division for Nuclear Energy Regulation in the state of Utah. Established collection of fees for licensing and, uh, authorize the division to have agreements between the state of Utah and the United States Nuclear Regulatory Commission. This bill, uh, we have the expertise here in the state of Utah with our DEQ. And, uh, Mr. Davis is working closely, uh, with DC on this. And, uh, this, this energy working group thought that this would be a good bill. Uh, that supplements HB 2 49 from last year. And so, uh, Mr. Speaker, that's basically it. Uh, it is amended, uh, and a amendment was passed in committee. If there's any questions, I'd be happy to answer 'em. Mr. Speaker.

  3. Speaker (presiding)24:38

     Thank you Representative Albrecht discussion to the bill. None. Back to you, Representative Albrecht for summation.

  4. Rep. Carl R. Albrecht24:48

     I'll wa Thank you Mr. Speaker.

  5. Speaker (presiding)24:53

     Oh, Representative Albrecht, hang on just a minute. Before we do that, uh, representative Voxer, push your button again. Heading up. Are you pushing it on the screen or on the desk? Uh, Butler's is working. Oh, there we go. Now it's working. Okay. Representative er,

  6. Unknown speaker25:22speaker not certain

     Mr. Speaker, will the sponsor yield to your Question? Representative Albrecht,

  7. Rep. Carl R. Albrecht25:25

     will you yield? Yes.

  8. Unknown speaker25:26speaker not certain

     Um, I just was looking at the fiscal note of $400,000, and so I was wondering what exactly, um, this was going to entail with the commission. Maybe how many Com people will sit on the commission and, um, if there was another, if what the discussion was of why we need a commission rather than maybe going through someone else or, um, a committee or, or agency that's already set up.

  9. Rep. Carl R. Albrecht25:52

     Yes, that's a good question. I'm happy to answer that. The fiscal note, uh, is 380,000 for fiscal year 27 and 380,000 for fiscal year 28. Uh, this year. Most of that money has come from the Operation gigawatt funding that was established last year. Uh, in future years, there will be a fiscal note, uh, that will have to be approved, uh, and put into the budget.

  10. Unknown speaker26:22speaker not certain

      Okay. Um, will this sponsor yield to another question? Representative Albrecht, will you continue to yield to another question? Yes, There was, um, another part to that, but thank you for answering that Mr. Speaker. Um, I was just wondering the necessity of having a commission rather than, um, if there were any other state agencies that could, could do the same, um, function.

  11. Rep. Carl R. Albrecht26:47

      Most of our, uh, regulation of the nuclear industry already is taken place by the division of, uh, environmental quality, uh, waste and Radiation Department, uh, under that DEQ. Uh, but this would establish a, uh, a nuclear regulatory approval office and would require a couple of FTEs.

  12. Unknown speaker27:12speaker not certain

      Thank you, Mr. Speaker.

  13. Speaker (presiding)27:15

      Thank you, representative Voxer. Further discussion to the bill Representative Cutler.

  14. Rep. Paul A. Cutler27:21

      Thank you, Mr. Speaker. I wanted to try out these new buttons with the sponsor yield to a follow up question. Representative Rey yield to a follow up.

  15. Rep. Carl R. Albrecht27:29

      Yes, yes, representative.

  16. Rep. Paul A. Cutler27:30

      Often when we have these, uh, uh, agencies who regulate, uh, businesses, the fees from the businesses can support some of the regulatory costs given the increase that we anticipate in people who, or businesses who want to, uh, uh, manufacture or participate in this, in these nuclear technologies. Could some of the costs of this be covered by the fees that, that, that will be charged to those they're regulating?

  17. Rep. Carl R. Albrecht27:59

      Yes, indeed. Uh, Mr. Speaker, uh, this bill authorizes the establishment and collection of fees from those nuclear energy folks that want to get involved in the state.

  18. Rep. Paul A. Cutler28:11

      Thank you. I stand, I support this.

  19. Speaker (presiding)28:14

      Thank you, Representative Cutler. Further discussion to the bill Representative Shelley.

  20. Rep. Troy Shelley28:20

      Thank you, Mr. Speaker. I just wanna rise in support of this bill. I think with the, uh, nuclear, um, the focus that the state is making right now on nuclear, anything that we can do to keep that focus right now, obviously changes can happen in the future, but right now we need somebody who's focused on that so that our energy Independence continues to move forward. It's a great step forward. Thank you.

  21. Speaker (presiding)28:45

      Thank you, Representative Shelley. You know, more lights back to you, representative Alrich for summation.

  22. Rep. Carl R. Albrecht28:52

      Thank you, Ms. Speaker. Um, we have the expertise here in our DEQ office to do this job. Um, it's a, it's a, an addendum really to our HB 2 49 from last year, uh, as we move forward from carbon based fuels, coal and gas and oil. Uh, this is, uh, a good opportunity to help us get over the bridge eventually to nuclear, which is really the cleanest and most efficient form of energy production. There is actually no carbon produced. It's gonna be a while, but, uh, we need to start working on it right now. Thank you.

  23. Speaker (presiding)29:34

      Thank you. Representative. Uh, voting will now be open on HB 78, all present, having voted, voting is now closed. HB 78 passes this body of 75 yes votes zero, no votes will be sent to the Senate for, uh, its consideration.

• Jan 30, 2026 Senate Transportation, Public Utilities, Energy, and Technology Committee▶ Watch
  Transcript (27 turns)

  1. Committee chair (Sen. Evan J. Vickers)33:18

     Thank you very much. Thank you. I'll call next house Bill. 78 Nuclear Regulatory Amendments represented Ulbricht.

  2. Rep. Carl R. Albrecht33:25

     Thank you, Mr. Chair. Uh, during the summer, uh, and during the interim meetings, we had a working group between the, uh, house and the Senate. I believe you were on that. Uh, Senator Millner, uh, coordinated those efforts, uh, between the House and the Senate. And, uh, we decided that maybe, uh, with what's going on, uh, in DC with the NRC Nuclear Regulatory Commission, that, you know, Utah's got some talented people in DEQ, Mr. Davis for one. And, uh, we thought, you know, we probably could do our own, uh, establish our own regulation office within DEQ, within the Office of Waste Management. And, uh, so I was assigned to run this bill by that working group. Uh, it's kind of a follow up from last year's, uh, session on the bill i I run on HB 2 49. Uh, maybe I, I'll just give you a, a short summary of what the bill does. It establishes a, uh, nuclear energy regulatory office within the Division of Waste Management and Radiation Control to handle, uh, nuclear energy regulation for the state. It, it, it authorizes the division to, to work with the Nuclear Regulatory Commission in dc uh, to regulate activities related to the nuclear fuel cycle. Incu, including uranium enrichment, fuel fabrication, fuel reprocessing, nuclear material story storage, and associated waste management. Uh, um, Mr. Davis has been to DC a lot talking about nuclear, uh, as nuclear is developed in the state. And he's, he's established a, a great re liaison with the federal regulators within NRC and the Department of Energy. And, uh, they have kind of given us a direction to move ahead, uh, on this. And, and we, the bill does have a fiscal note, uh, Mr. Chair, uh, because we're going to add some folks, uh, within, uh, the Department of Environmental Quality, uh, in the Waste and Remediation Office. Uh, but, uh, it, it was amended just for your information. Uh, if you look at the bill on line 51, it talks about fuel conversion, and then when you get over on page three, uh, line 73, it was left out and we just added fuel conversion back in there. Uh, this bill passed, uh, the House Public Utilities Committee unanimously and also passed the house floor unanimously. Uh, I would like Mr. Davis to just, uh, take a minute or two and talk about the bill and what the plans are and what it does, uh, to his office. If I could please.

  3. Tim Davis, Executive Director, Utah Department of Environmental Quality36:35

     Thank you, Mr. Chair. Tim Davis, executive Director of the Department of Environmental Quality. Um, so the bill allow and directs us to establish the off, uh, office of Nuclear Energy Regulation, uh, within the Department of Environmental Quality. That, that will, that's a key step for us to begin to build our own, uh, regulatory framework to be able to, uh, more efficiently but also ensure, uh, review and approve, uh, different parts of the nuclear lifecycle, uh, within this state. It ensures that we're bringing on our own technical experts, um, to engage with, uh, different parts of the nuclear lifecycle. The industries, um, that are part of those, we already have two of those here. We have the, the very beginning, we have the one, uh, uranium, conventional uranium mill in the country is down in Blanding White Mesa. And then we have low level radioactive waste disposal in twila, uh, energy solutions. So it helps us, this will help us fill in the gap in between those two, the, the, the front end and the back end. Um, and it helps us make sure that we're able to work with communities to ensure that as nuclear, uh, uh, the nuclear industry comes to Utah, that it can be done safely as well as I said, uh, more efficiently and, and quickly. Happy to answer any questions. Thank You very much to the committee.

  4. Committee chair (Sen. Evan J. Vickers)37:58

     Senator Riebe.

  5. Sen. Kathleen A. Riebe38:00

     Thank you, Mr. Chair. Um, I'm the proud owner of a caucus cake yellow cake caucus hat. So I am supportive of nuclear energy, but my constituents are concerned about, I think it's line 51 that talks about waste management. Will this open the door for bringing, um, any extra waste to the state of Utah? And how will that be mitigated, or is that not gonna be happening? Go ahead, Mr. Chair. This, this doesn't give us, at this point any additional authority beyond what we currently have. Um, but it does, it does. That's just one component of the nuclear lifecycle. Uh, we already have authority, uh, agreement, state authority for low level radioactive waste. We would have to acquire to be able to, uh, take over a higher, uh, level radioactive waste. We would need to get agreement state status. That's a long, that's a, that's not a quick process from the Nuclear Regulatory Commission. This allows us to get, engage with them for those different components. Um, we would need to be consistent with the nrcs uh, regulations, though. Thank you. I just wanna make sure that, um, I'm answering the questions my constituents are asking me, and this is what they are concerned about mostly. So thank you so much for that answer. Thank you. Senator Kwan. Thank

  6. Sen. Karen Kwan39:17

     you, Mr. Chair. Um, during the summer, I supported this, uh, uh, this resolution, I'm sorry, this bill. Um, but I had some questions about, uh, safety measures. I, I we're all interested in safety measures and, um, and I'm glad to see that that is a part of, uh, uh, of the board's, um, uh, responsibilities. I guess that's not really the right word, but it's something that they will be looking at. But I had asked if we can have, uh, in the report, um, the, on on November 30th of, of each year, a uh, something about, uh, safety measures, uh, for that year. And I'm wondering if that is something that Yeah, that's, we added that because of your concern. And, um, as, as this bill comes back to public utilities, uh, for an in interim report, um, Mr. Davis take good notes. So, um, it, I don't, I don't see it explicit in here. Which of these, uh, lines talk about that, the safety measures, um, in the report. And that's, I'm looking at lines 1 48 through 1 54. And I, I'm wondering if, if we don't see it explicit in here, if we could add safety measures, um, from the floor here, uh, one on line 1 54, any significant challenges, issues, or, and safety measures? I mean, I don't know. Perhaps we did that on the floor, then I think, uh, line 1 51, 1 54 oh, right there. If it could be put in there, Could be addressed there. Any significant challenges or issues encountered in implementing this chapter, Including safety message? Something like that? Do you wanna make that? Yeah, I would make that, that motion, uh, to include as an amendment if as an amendment, if I'm okay with that. Yeah. So on line 54, can I make a motion, uh, Mr. Chair? Okay. And, and, and clearly state what it is. Yes. So, on line 1 54, I'd like to, uh, add the words, um, after, in implementing this chapter, including safety measures.

  7. Unknown speaker42:01speaker not certain

     Got it. That's a good amendment, Mr. Chair. Okay. So the amendment would be on line 1 54, um, that would be changed to any significant challeng or issues encountered in implementing this chapter, including safety issues. Is that what Safety measures? Safety Measures Of safety measures. Does it make sense? Mm-hmm. Safety measures, measures Have to measure. Measures are better than issues. Okay. Do you have that? We've got it. Okay.

  8. Committee chair (Sen. Evan J. Vickers)42:38

     Response representative?

  9. Rep. Carl R. Albrecht42:39

     No, I think that's a, a, a good amendment to the bill. Uh, I appreciate, uh, the good Senator making that change. Um, you want me to sum at this point?

  10. Committee chair (Sen. Evan J. Vickers)42:53

      I think, no, I'm just, I I've gotta call the, Okay, go ahead. That. Any, any comments, Senator, on your motion to amend? I

  11. Sen. Karen Kwan43:01

      Just really appreciate working with the Representative. Okay.

  12. Committee chair (Sen. Evan J. Vickers)43:04

      All in favor On line 1 54 after the word chapter, putting in a comma, including safety measures. Period. All in favor of the motion to amend, say aye. Aye. Aye. Any opposed? That passes unanimously. Okay. Thank you. Does that conclude your presentation?

  13. Rep. Carl R. Albrecht43:22

      Uh, I would just like to, to echo some comments. You know, Utah is uniquely positioned, uh, in this nuclear space with the, the Blanding male, the White Mesa mail, the San Rafael Energy Research Center. In fact, there's supposed to be A-A-S-M-R come online down there on July 4th on our, uh, 250th celebration of our country. We've had the announcements, uh, up in Brigham City. We've had, uh, announcement on, uh, working agreements, uh, down at IPP. There's just a lot going on. Um, I think it's good, you know, coal and gas are not gonna be replaced immediately. And, uh, the good Lord, uh, gave us a lot of those, uh, natural resources. And as a result of that coal gas, we have some of the lowest energy costs in, in the us. Um, but I think at some point we've got to cross that bridge, and it's gonna take us a little while. Uh, but, you know, my dad mined uranium on the San Rafael swell and a actually shipped it to the US government buying stations in World War ii, uh, or during the Cold War to, to make weapons to, to end the Cold War. And, uh, he, he encouraged us boys to, uh, keep his claims up. And we did for a lot of years. And of course, the uranium went up and down, boom and bust and, and, uh, we don't have those anymore. But I enjoyed taking my family down there and giving 'em a little history. Um, there was a lot of uranium taking off the, uh, San Rafael swell back in the fifties and early sixties, and so it runs deep in my blood. I guess I'm, I'm the nuclear guy, Mr. Chair. Thank you.

  14. Committee chair (Sen. Evan J. Vickers)45:17

      Thank you very much. Further questions from the committee? I don't see any, let me go to the public. Who here would like to dress this? If you raise your hands, we have one. If you'll come up and introduce yourself. And we have one online as well.

  15. Nathan Hollen, Utah Sierra Club, Chapter Legislative Committee45:38

      Thank you, chair and members of the committee. My name is Nathan Hole, and I'm speaking on behalf of the Utah Sierra Club as a member of the Utah Chapter Legislative Committee. The Sierra Club Utah Chapter is a grassroots advocacy organization that represents nearly 13,000 members and supporters statewide committed to explore, enjoy, and protect our shared environment. I was raised in our mountains deserts and waters instilling in me a deep love for our state. The Sierra Club opposes HB 78. The bill creates the Nuclear Energy Regulatory Office within Utah's division of Waste Management and Radiation Control, granting it the authority to regulate, license, and oversee nuclear fuel cycle activities, including enrichment, fabrication, conversion reprocessing, storage, and waste management. However, the Federal Nuclear Regulatory Commission already sets the national standards for nuclear safety for a reason. It has the expertise of the nation's, foremost nuclear scientists and the regulatory and historical perspective that is broader than just a single state. We believe that creating duplicative office at the state level would create an unnecessary ongoing expenditure of state tax dollars. The bill mandates the development of rules for licensing compliance, compliance, inspection, safety, security, environmental protection, emergency preparedness, and financial assurance for nuclear activities. All of these processes and services are already provided through the Federal Nuclear Energy Regulatory Office at no cost to Utah and nuclear fuel and waste are simply the most dangerous substances known to man. This is not an issue where experience, expertise, and context should be brushed aside lightly. If Utah plans to move forward and become an agreement state with the NRC as this bill proposes, then state-based regulations should include existing federal safety standards as the regulatory floor, and include robust public transparency provisions. Safeguarding the health of Utahans should be the primary objective of this new office ahead of fast tracking development of projects in the near term that could have irreparable long-term consequences of radiation contamination. Thank you.

  16. Committee chair (Sen. Evan J. Vickers)47:49

      Thank you. Let me go online. We have two. We'll go to Lexi Ham first, if you'll turn on your camera and your microphone and proceed.

  17. Lexi Tuddenham, Executive Director, Healthy Environment Alliance of Utah48:00

      Can you see me okay? Yes, You're good. Go ahead. Great. Thank you so much. Hi there. Good afternoon, Senator Vickers. My name is Lexie tna and I'm the Executive Director for the Healthy Environment Alliance of Utah or Heal Utah. Thank you for this opportunity to comment. We've expressed elsewhere our concerns about the high costs, the slow timelines, the proliferation risks, and the unresolved waste issues that nuclear, that the nuclear en and energy industry has not yet solved. And we were just told last year by the good sponsor that the development of nuclear capacity in the state would be a slow process with a ample opportunity for improvement in input. What we've seen instead is a very rapid, acceleration driven, perhaps by federal incentives, debt data center demand, and other factors. So what I'm going to say today might surprise you. I can't in good conscience ask you to support this bill, but if it passes as it is likely to, here's what we support and what we would like to see. We learned just this week that the Department of Energy at the federal level is revising their radiation safety guidelines and secret, the nude guidelines, which are already being enacted by members of the committee, reviewing new react reactors in the pilot reactor program, do things like loosen protections for groundwater protection, make it easier to discharge radioactive materials, reduce security measures to pro protect weapons, usable fuels and ERO protections for workers within this industry. These new guidelines will also shortly make their way over to the NRC, where a wholesale rewrite of regulation is going to happen starting in February to have the very say, foundation of Safety Regulations. And what I'm told is a gold standard for the US nuclear industry. The change in secret is absolutely unacceptable. They're in danger of losing the public trust, and there has to be a public process for changing these fundamental rules. This is not the way to build public confidence in the nuclear industry. So if we create this agency here in Utah, we look to you to do better. If we're going to do nuclear energy here in Utah, then let's do it. Right? Let's make sure there's ample capacity, staffing, and funding to support this agency. And let's make sure that there is a transparent public process. Let's set a very high bar for protection of our workers and our families. And let's see, our state involve the public in good faith with transparency and openness to listen and not just educate. Let's not rush or cut corners in the rush to be first, or to simply to accrue more profits to companies before they've proven their capacity to support our communities with jobs and affordable energy. We look to you to hold any agency operating in the state with its painful history of radioactive exposure from the uranium industry and from nuclear testing to the highest standard possible. We held our Downwinders Day of Remembrance on Tuesday, and at an event that evening, we had over 80 downwinders come and talk to us. We had mul dozens of calls from across the state, from people who just wanted our help. We know that Utah has this painful history, and if we're going to go forward with this, we need to make sure that our families are protected. I speak not just to you in my professional capacity, but also as a parent, as the parent of two little boys under the age of five. I want them to be able to play in the dirt. I want them to be able to breathe the air, and I want them to be able to drink the water and milk without fearing what it means for their bones, for their developing cells, and for their brains. Thank you

  18. Committee chair (Sen. Evan J. Vickers)51:28

      Very much. We'll now go to Joan and Whistle, if you'll turn on your camera and your microphone. Joan, are you there? Okay, I do not see. We'll now go to Abby. Abby, if we'll turn on your microphone

  19. Abbie Eastwood, resident52:04

      and your camera. Go ahead. Hello, My Hello. My name is Abby SL in Salt Lake City. I graduated with a degree in chemistry and Environmental Sustainability studies from the University of Utah in spring 2024. I oppose this bill for a variety of, I understand as a state we wanna go forward supporting all forms of action, and I do appreciate that, but I think in order to do that, we need to do so safely. The NRC currently holds the standard for being safest option, and I would like to continue to use that and emphasize what Lexi said. We do think that if this bill passes, make sure we're doing the same. We want our communities to have healthy air quality and safety and current moment, the NRC option. But if this bill does, please, we would like to see the state using its resources wisely and supporting this new committee, so that way we're promoting the health and safety of our committee. Thank you.

  20. Committee chair (Sen. Evan J. Vickers)53:15

      Thank you very much. Okay. I'll end public comment and bring it back to the committee for discussion or action. Senator Ipson?

  21. Sen. Ripon Ipson53:27

      Yes. I make a motion that House Bill 78 nuclear regulatory amendments pass with a favorable recommendation to the full Senate.

  22. Committee chair (Sen. Evan J. Vickers)53:34

      Okay, thank you. Is there discussion to that motion? Seeing none, representative Bert for submission,

  23. Rep. Carl R. Albrecht53:43

      I'll just say one thing. Uh, and I appreciate the comments, uh, uh, in the negative, uh, of the bill. Uh, but I will say that, uh, you know, we're, we're concerned about carbon emissions and we're trying to get to an energy source as zero carbon emissions. And, and I think we can do that safely, uh, with, with our expertise and our DEQ. So I'll leave it at that. Mr. Chair.

  24. Committee chair (Sen. Evan J. Vickers)54:13

      Thank you, Senator Ripon for summation.

  25. Unknown speaker54:16speaker not certain

      I'll waive. Okay.

  26. Committee chair (Sen. Evan J. Vickers)54:17

      All in favor of passing out house bill 78 as amended to the floor of the Senate. Say aye. Aye. Any opposed? I'll rule that passes unanimously. Thank you very

  27. Unknown speaker54:27speaker not certain

      Much. Thank you, Mr. Chair.

• Feb 5, 2026 Senate floor debate▶ Watch
  Transcript (6 turns)

  1. Senate President (presiding)12:20

     Senator Owens. Senator Owens.

  2. Sen. Derrin R. Owens12:25

     Thank you Mr. President. President with this, uh, this bill. Um, it is the Utah wave trying to get out in front of the energy race that, uh, it seems like the entire nation is on. And Utah has been a leader in that in trying to get to sustainable, powerful, clean energy. And with that, this all, this bill establishes the Nuclear Energy Regulatory office in inside of the division of Waste Management and Radiation control. He gives them rulemaking authority and authorizes establishment of collection of fees, uh, for nuclear energy licensing and oversight, and directs the division to pursue expanded agreements status with the United States Nuclear Regulatory Commission. And it all kind of, um, hinges on that agreement with the NRC. And this sets the state up for when those agreements can be made, that the state would have an office in place and ready to go out and license, permit, inspect, and make sure that everything is safe, uh, in this new energy realm. With that, Mr. President and I, I'll be open to questions.

  3. Senate President (presiding)13:35

     Senator Owens is open for questions. See no questions. Do you Senator Owens? Thank

  4. Sen. Derrin R. Owens13:43

     You. Waive summation and call question.

  5. Senate President (presiding)13:45

     Thank you. And the question is, shall house bill 78 be read a third time? Roll call vote. Senator Vickers Frie Aye. Lewin Brammer Bus Colmore. Escamilla Aye. Fillmore Grover. Aye. Harper Kinins Ipson Johnson. Juab McKay. Mikel Milner Musselman Owens Aye. Pitcher Plum Rebe Sandal Stevenson Stratton Pickers Weiler Wilson Winterton, president Adams Aye. House Bill 78. Having received 23 yay votes, one nay vote, five being absent shall be read a third time. Senator Sandall motion. Motion to table on third house bill 78 for fiscal impact. Thank We have a motion to table house bill 78 on third. All in favor, say aye. Any opposed? We'll let motion pass the house Bill. 78 will be placed at the bottom of the table on third calendar, house, concurrent resolution, one House concurrent resolution, one house concurrent resolution regarding advanced nuclear manufacturing. Senator Hinkins. Senator Wilson. Motion To circle sponsors off the floor. Motion To circle. All in favor, say aye. Aye. Any opposed? Will that motion passes. The bill is circled. House Bill 77, house Bill 77. Tax modifications. Senator McKay. Senator McKay.

  6. Sen. Chris H. Wilson15:23

     Senator Wilson. Motion To circle sponsors off the floor. Motion To circle. All in

• Mar 4, 2026 Senate floor debate▶ Watch
  Transcript (24 turns)

  1. Sen. Derrin R. Owens1:07:21

     this is a significant bill that helps establish a new nuclear energy regulatory office within the division of waste management and radiation control. This will oversee the nuclear energy activities in Utah. It grants the division rulemaking authority allows licensing and oversight fees, directs the state to pursue expanded agreement status with the NRC. So Utah can assume greater regulatory control into nuclear technologies. We all know, uh, energy's been a top priority for this body and uh, this helps set up that new regulatory framework so that if and when the, the National Regulatory Nuclear Regulatory Commission Grants Authority, Utah will be in, um, good position to assume that. So it creates the, the office. It centralizes nuclear oversight, it grants rulemaking authority for nuclear energy regulation and authorizes the division to set and collect licensing and oversight fees. Directs division to seek expanded authority from the uh, NRC commission and allows Utah to regulate additional nuclear material activities currently overseen by the federal government. So this just strengthens our ties with the federal government and makes, uh, Utah eligible to work in this space. With that, I would be open to questions.

  2. Senate President (presiding)1:08:43

     Thank you for the presentation. Do you have an amendment that you wish to adopt? Yes. Is there a substitute online? Yes, there. Um, thank you. Substitute amendment. It's an amendment.

  3. Unknown speaker1:08:55speaker not certain

     Uh, I would move amendment. Is it one? Amendment three. Thank you Mr. President. ProAm? Uh, the amendment appears to be to the substitute. Nope. Okay. Yeah. So you want to do the amendment rather than the sub? Yes. I need to uh, adopt per substitute first. Right. And then amend Well the amendment is okay. The amendment is to the, A main bill. Okay. Oh, just adopt a, I need to adopt a substitute. Okay. The motion is to delete entitle and body house bill 78 and replace it with first substitute house bill 78 Part of the sub. Is that correct? Senator Owens? Yeah. Yeah. Okay.

  4. Senate President (presiding)1:09:53

     And uh, would you like to explain the difference between the build and the sub?

  5. Sen. Derrin R. Owens1:09:57

     Yes. This just expand. What it does is, uh, identifies uh, in part three the placement of high level nuclear waste that does not apply to nuclear fuel activities regulated to the divisions, uh, makes that clarification, sets some performance objectives and um, the full nuclear cycle facility siting.

  6. Senate President (presiding)1:10:18

     Okay. Thank you. Discussion?

  7. Sen. Luz Escamilla1:10:20

     The motion to substitute Senator Escamilla, Mr. President Pro temp questions to the sponsor. Will you yield Senator Raws? Certainly. Go ahead. Thank you. Um, I'm looking in the comparison between, um, the previous substitute. I don't know where we are, but in this first substitute, um, in lines 56, so that section exceptions, are those still gonna be part of the new substitute or are those removed?

  8. Sen. Derrin R. Owens1:10:51

     Well, so you're talking the exemptions. This part does not apply to the interim storage of nuclear waste. If the waste, is that what you're talking from there? Yes. It's produced from the precedent.

  9. Senate President (presiding)1:11:00speaker not certain

     Yeah, go ahead. Yeah,

  10. Sen. Derrin R. Owens1:11:02

      So if it's, uh, if it's from this, this part does not apply to interim storage of nuclear waste. If the waste is produced from a project authorized by the United States Department of Energy, uh, is from a test reactor is produced at a facility owned by the state, the project described permitted and licensed by the division under this title,

  11. Sen. Luz Escamilla1:11:26

      That still stays there, correct?

  12. Sen. Derrin R. Owens1:11:27

      Mr. President pro tem? Yes. Okay.

  13. Sen. Luz Escamilla1:11:29

      That answers my question. Thank you.

  14. Senate President (presiding)1:11:31

      Thank you. Thank you. Further discussion to the motion to amend saying none. All in favor of the motion to, uh, delete entitle embody house bill 78 and replace with first substitute house bill 78. Say aye. Aye. Aye. Any opposed? I'll rule that passes now to the substituted bill. Thank you. Um, we have the substituted bill and I appreciate the question.

  15. Unknown speaker1:11:53speaker not certain

      Mr. Mr. President pro tem.

  16. Senate President (presiding)1:11:55

      Um, did you have further questions on the bill? Is there further discussion to the bill? Say none. Back to you. Senator Owens for a motion.

  17. Sen. Derrin R. Owens1:12:04

      Thank you. I'll call the question.

  18. Senate President (presiding)1:12:06

      The question is, under suspension of the rule, shall first substitute house bill 78 pass Roll call

  19. Unknown speaker1:12:11speaker not certain

      Vote. Senator Vickers Baldy. A Lewin rammer a bus Cullimore Escamia Aye. Fillmore Aye. Grover Harper Aye. Hankins Aye. Ipson Johnson Aye. Quan McKay Mikel Aye. Milner Musman Owens pitcher Plum rebe Sandal Aye. Stevenson Stratton Aye. Bickers Bickers Aye. Weiler Aye. Wilson. Aye. Winterton President Adams First substitute house Bill 78.

  20. Senate President (presiding)1:13:05

      Having received 23 a votes two na votes four being absent passes Senate be sent to the house for further consideration.

  21. Senate President (presiding)1:13:13

      Senator Sandall,

  22. Senate President (presiding)1:13:22

      All in favor of the motion to encircle house bill 3 76 Say aye. Aye. Any opposed? I'll rule that passes the bill Uncircled.

  23. Senate President (presiding)1:13:44

      Okay. Discussion to the motion saying none. All in favor of deleting entitled the Body House bill 3 76 and replaceable. The first substitute house bill 3 76 Say aye. Aye. Any opposed? I'll rule that passes the bill substitute.

  24. Sen. Scott D. Sandall1:13:59

      Thank you Bill. Now the substitute bill creates the Utah Forest Restoration Institute at Utah State University to expand the state's capacity for forest health research, wildfire mitigation strategies and long-term watershed restoration monitoring. The bill strengthens coordination between the Institute and the Water Watershed Restoration Initiative.

• Mar 5, 2026 House floor debate▶ Watch
  Transcript (8 turns)

  1. Clerk (reading)54:29

     of the president, Madam Marine Clerk First substitute House bill 78. Nuclear regulatory amendments by Representative Albrecht.

  2. Speaker (presiding)54:36

     Representative Albrecht.

  3. Rep. Carl R. Albrecht54:39

     Thank you Mr. Speaker. Motion to concur with the Senate.

  4. Speaker (presiding)54:44

     Thank you representative. That motion is in order. Would you like to speak to it?

  5. Rep. Carl R. Albrecht54:46

     Yes. Uh, they made a couple of, uh, amendments. I actually made one in the Senate committee concerning, uh, safety. And then the other amendment was made on the floor of the Senate having to do with, uh, siting of a nuclear fuel cycle facility and, uh, some technical changes beyond that. But those were the two main things. Mr. Speaker.

  6. Speaker (presiding)55:16

     Thank you. Rep Sam Albrecht. Discussion to the motion to concur with ascend amendments on first substitute HB 78. See none will go ahead and place the motion. All in favor, say aye. Aye. Any opposed? Will that motion passes?

  7. Speaker (presiding)55:34

     Voting will now be open for final passage on first substitute HB 78. Representative Watkins, would you like to vote? Representative Loubet Gracious Ivory. Jen Lee, would you like to vote? Seeing All present having voted voting is now closed for substitute. HB 78 passes this body with 61 yes votes. Eight no votes will be sent to the Senate for its consideration.

  8. Clerk (reading)56:11

     Or sir, for the signature of the president, Madam Reading Clerk