19-3-319 - State response to nuclear release and hazards.
19-3-319. State response to nuclear release and hazards.
(1) The state finds that the placement of high-level nuclear waste inside the exteriorboundaries of the state is an ultra-hazardous activity which may result in catastrophic economicand environmental damage and irreparable human injury in the event of a release of waste, andwhich may result in serious long-term health effects to workers at any transfer or storage facility,or to workers involved in the transportation of the waste.
(2) (a) The state finds that procedures for providing funding for the costs incurred by anyrelease of waste, or for the compensation for the costs of long-term health effects are notadequately addressed by existing law.
(b) Due to these concerns, the state has established a restricted account under Subsection19-3-309(3), known as the Nuclear Accident and Hazard Compensation Account, and referred toin this section as the compensation account. One of the purposes of this account is to partially orwholly compensate workers for these potential costs, as funds are available and appropriated forthese purposes.
(3) (a) The department shall require the applicant, and parent and subsidiary organizationsof the applicant, to pay to the department not less than 75% of the unfunded potential liability, asdetermined under Subsection 19-3-301(5), in the form of cash or cash equivalents. The paymentshall be made within 30 days after the date of the issuance of a license under this part.
(b) The department shall credit the amount due under Subsection 19-3-306(10) againstthe amount due under this Subsection (3).
(c) If the payments due under this Subsection (3) are not made within 30 days, asrequired, the executive director of the department shall cancel the license.
(4) (a) The department shall also require an annual fee from the holder of any licenseissued under this part. This annual fee payment shall be calculated as:
(i) the aggregate amount of the annual payments required by Title 34A, Chapter 2,Workers' Compensation Act, of the licensee and of all parties contracted to provide goods,services, or municipal-type services to the licensee, regarding their employees who are workingwithin the state at any time during the calendar year; and
(ii) multiplied by the number of storage casks of waste present at any time and for anyperiod of time within the exterior borders of the state during the year for which the fee isassessed.
(b) (i) The licensee shall pay the fee under Subsection (4)(a) to the department. Thedepartment shall deposit the fee in the compensation account created in Subsection 19-3-309(3).
(ii) The fee shall be paid to the department on or before March 31 of each calendar year.
(5) The department shall use the fees paid under Subsection (4) to provide medical ordeath benefits, or both, as is appropriate to the situation, to the following persons for death or anylong term health conditions of an employee proximately caused by the presence of the high-levelnuclear waste or greater than class C radioactive waste within the state, or a release of this wastewithin the state that affects an employee's physical health:
(a) any employee of the holder of any license issued under this part, or employees of anyparties contracting to provide goods, services, transportation, or municipal-type services to thelicensee, if the employee is within the state at any time during the calendar year as part of hisemployment; or
(b) that employee's family or beneficiaries.
(6) Payment of the fee under Subsection (4) does not exempt the licensee from
compliance with any other provision of law, including Title 34A, Chapter 2, regarding workers'compensation.
(7) (a) An agreement between an employer and an employee, the employee's family, orbeneficiaries requiring the employee to waive benefits under this section, requiring the employeeto seek third party coverage, or requiring an employee contribution is void.
(b) Any employer attempting to secure any agreement prohibited under Subsection (7)(a)is subject to the penalties of Section 19-3-312.
(8) (a) The department, in consultation with the Division of Industrial Accidents withinthe Labor Commission, shall by rule establish procedures regarding application for benefits,standards for eligibility, estimates of annual payments, and payments.
(b) Payments under this section are in addition to any other payments or benefits allowedby state or federal law, notwithstanding provisions in Title 34A, Chapter 2, regarding workers'compensation.
(c) Payments or obligations to pay under this section may not exceed funds appropriatedfor these purposes by the Legislature.
(9) (a) Any fee or payment imposed under this section does not apply to any Utah-basednonprofit trade association due to the membership in the organization of a member that isengaging in, or attempting to engage in, the placement of high-level nuclear waste or greater thanclass C radioactive waste at a storage facility or transfer facility within the state.
(b) Subsection (9)(a) does not apply to a nonprofit trade association if that associationtakes any affirmative action to promote or assist any individual or organization in efforts toconduct any activity prohibited by this part.
(c) A member of any Utah-based nonprofit trade association is not exempt from any feeor payment under this section due to membership in the association.
Enacted by Chapter 107, 2001 General Session