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Fight looms over waste authority
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Gov. Jon Huntsman Jr. vetoed his first bill of the year Tuesday night, setting up a showdown with the Legislature about who has ultimate authority over radioactive and other kinds of waste in the state.

Lawmakers have until midnight to try to override the veto.

Huntsman vetoed SB70, which would remove a requirement in current law that new or expanding commercial waste sites in Utah have approval of the governor, along with local officials, state regulators and lawmakers.

In his veto notice issued at 8:20 p.m., Huntsman said the bill would "incrementally weaken the governor's ability to protect Utah's image and environment, as well as the health and safety of its 2.5 million residents."

He added that he had pledged to resist efforts to turn the state into "a radioactive dumping ground."

"Consistent with that pledge," he concluded, "I cannot consent to a provision that, in my opinion, would potentially lead to the proliferation of radioactive waste-disposal facilities within our state."

If the Legislature overrides Huntsman's SB70 veto, as it is expected to try to do today, lawmakers would have an opportunity to allow sites to be established or expand even if the governor disagrees.

Many of the bill's public opponents say waste decisions are so important - especially when they come to radioactive waste - that they ought to have a political consensus. But lawmakers contend they should have the right to override the governor on waste licenses, just as they do for other statutes.

With just hours left to settle the debate, the question is no longer a philosophical debate but vote-by-vote political combat.

Sponsoring Sen. Howard Stephenson, R-Draper, would not predict who will be left standing. He noted the margins are close, with only a two-vote cushion in the Senate and a shortage of three votes in the House to achieve the required two-thirds majority for a veto override.

"To deal with this on the final day, with so much volatility in emotions and issues - anything can happen."

Stephenson added that, from the standpoint of lawmakers, the issue is logical: whether the Legislature should take back its constitutional prerogative to override a governor's veto. But he said emotion seemed to be the driving force outside the Capitol.

In the Capitol Hill plaza between the buildings that hold the Legislature and Huntsman's office, about 50 opponents of SB70 held a "glow-stick vigil" in the snowy rain.

They called SB70 a special interest legislation aimed at helping EnergySolutions (formerly Envirocare of Utah) get a license to double in size over Huntsman's objections. And they noted that six commercial garbage sites have been approved without any quarrel about the approval process. The question only came up when politically powerful Envirocare had an expansion request in the works and Huntsman said he would reject it.

Mary Ellen Navas, of Sandy, told the group 84 percent of Utahns oppose more and more radioactive waste from coming to the state but lawmakers were "disconnected" from their constituents on the issue.

She said any decisions to add waste ought to require "the utmost scrutiny," as current law allows.

"We hold our children's future dear, and we would never sacrifice their future to special interests," she said. "We want extreme caution when it comes to any new waste coming to Utah."

Jason Groenewold, director of the Healthy Environment Alliance of Utah, said opponents were "holding the line" on override votes. "But there will probably be a lot of arm-twisting in the final hours.''

EnergySolutions has said it never asked Stephenson for the bill and has not followed it, although company lobbyists appeared to be watching developments on the bill throughout the session.

Sandy Peck, director of the Utah League of Women Voters, said it was not clear whether lawmakers would be successful in overriding Huntsman. Her group had issued several e-mail alerts that urged league members to call and write their legislators to express their opposition to the bill.

She noted, however, that lawmakers were intent on voting on SB70 eleven days ago so that they could have at least a day to line up votes for an override.

Stephenson indicated he may lose votes for the override, just because lawmakers are reluctant to vote against the state's chief executive.

An override vote faces "a higher bar than the vote itself," he said. "Any governor carries a lot of weight, especially when he's a majority-party governor."

House sponsor, Rep. Stuart Adams, R-Layton, said he was waiting word on the promised veto. He said he had not been counting votes to see if House support for SB70 had grown by those three, sorely needed

override votes.

"If it doesn't happen, the will of the people has spoken through their representatives."

fahys@sltrib.com

Lawmakers to try overriding guv's veto of bill giving them a final say
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