Veto-proof waste bill?

With both houses passing the EnergySolutions bill, opponents have pinned their hopes on a veto by Gov. Jon M. Huntsman Jr. But the measure, SB155, passed with majorities that would be — if lawmakers stick with their earlier votes — veto-proof.

However, there's no guarantee legislators would override a veto. If the governor vetoes the bill, the Legislature might not have an override session; if they do have the session, some vote-switching could occur.

Overwhelming passage happened despite public opinion that was solidly against SB155. A new Deseret News-KSL-TV poll showed 78 percent opposed, 18 percent favoring and 4 percent undecided.

The bill removes the authority of the governor, Legislature and local zoning officials to approve or disapprove changes in EnergySolutions' nuclear waste disposal on Section 32, the square mile it owns in Tooele County. Proponents say the Legislature mistakenly imposed such restrictions in 2005.

But if EnergySolutions wants to expand its work beyond Section 32 or change the type of material it handles — presently limited to Class A waste, having the lowest radioactivity — it needs approval from governor, legislators and county zoning.

The bill whizzed through the Senate last week, 22-5 with two not voting. On Wednesday, it met little opposition in the House, passing 55-10. To override a veto, the Senate need muster only 20 votes and the House, 50.

Last week, Mike Mower, spokesman for the governor, said Huntsman was evaluating the bill and had not "made a final decision on whether or not he will sign this legislation."

The House sponsor, Rep. James R. Gowans, R-Tooele, emphasized, "No new waste is being requested. No additional land area is being requested" in the bill.

Rep. Jackie Biskupski, D-Salt Lake, questioned Gowans on the details of the measure. "Is it possible under those two lines (in the bill) that more than the EnergySolutions location out by Tooele would qualify?" she asked.

"Not in this bill," Gowans replied.

She asked if the bill would allow a site in Carbon County to begin disposing of uranium tailings, and Gowans said no.

"It's really easy to get pulled away from the core issue," said Rep. Richard Wheeler, R-Ephraim. "As a policy body, we need to decide which things need to be political and which things need to be regulatory."

The bill passed the House with an amendment. It bounced back to the Senate, which concurred with the change. It now awaits action by Huntsman.

"We're pleased with the outcome," said Mark Walker, spokesman for EnergySolutions. "We feel that it's the right decision, and we look forward to continued work and success with Section 32 at our facility.