No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3441 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3441
To amend the Atomic Energy Act of 1954 to provide for consultation with
State, Tribal, and local governments, the consideration of State,
Tribal, and local concerns, and the approval of post-shutdown
decommissioning activities reports by the Nuclear Regulatory
Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2025
Mr. Welch (for himself, Mr. Sanders, Mrs. Gillibrand, and Mr. Markey)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Atomic Energy Act of 1954 to provide for consultation with
State, Tribal, and local governments, the consideration of State,
Tribal, and local concerns, and the approval of post-shutdown
decommissioning activities reports by the Nuclear Regulatory
Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2025''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
(a) In General.--Chapter 10 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the
following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``a. Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State located within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Covered material.--The term `covered material'
means--
``(A) high-level radioactive waste;
``(B) spent nuclear fuel;
``(C) transuranic waste;
``(D) byproduct material that meets the
requirements of section 11 e. (2); and
``(E) any other nuclear or radioactive waste or
material for which the Commission determines that a
material change by the licensee in the manner of
handling, storing, or disposing of that waste or
material should be preceded by consultation under
subsection b.
``(5) Covered psdar.--The term `covered PSDAR' means--
``(A) the initial PSDAR for a covered facility; and
``(B) any subsequent PSDAR for a covered facility
in which the licensee proposes, as determined by the
Commission--
``(i) a significant update to the
decommissioning strategy; or
``(ii) a material change in the manner in
which covered material is handled, stored, or
disposed of.
``(6) Host state.--The term `host State' means the State in
which a covered facility is located.
``(7) License; licensee.--The terms `license' and
`licensee' have the meanings given those terms in section 50.2
of title 10, Code of Federal Regulations (or successor
regulations).
``(8) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or successor regulations).
``(9) Transferee.--The term `transferee' means an entity to
which a licensee proposes to transfer a license for a covered
facility.
``(10) Tribal government.--The term `Tribal government'
means the governing body of an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).
``b. Consultation Required.--Notwithstanding any other provision of
law (including regulations), a licensee may not submit to the
Commission a proposed covered PSDAR, or transfer to another entity the
license, for a covered facility until the licensee and the transferee,
if applicable, conduct consultation regarding the development of the
proposed covered PSDAR or the proposed license transfer, as applicable,
with--
``(1) each affected State; and
``(2) each unit of State government or Tribal government
that--
``(A) is located in an affected State; and
``(B) has jurisdiction over land located within 50
miles of the covered facility.
``c. Submission to Commission; Public Availability.--
``(1) In general.--After carrying out the consultation
required under subsection b. with respect to a proposed covered
PSDAR or transfer of a license for a covered facility, the
licensee shall--
``(A) submit to the Commission, as applicable--
``(i) the proposed covered PSDAR; or
``(ii) an application for transfer of a
license; and
``(B) subject to paragraph (3), make the proposed
covered PSDAR or application for transfer of a license,
as applicable, available to the public.
``(2) Public availability.--On receipt of a proposed
covered PSDAR or application for transfer of a license under
paragraph (1)(A), the Commission shall, subject to paragraph
(3), make the proposed covered PSDAR or application for
transfer of a license, as applicable, available to the public.
``(3) Exclusion of certain information.--In making a
proposed covered PSDAR or application for transfer of a
license, as applicable, available to the public under paragraph
(1)(B) or (2), the Commission or the licensee, as applicable,
may redact such information as the Commission or the licensee,
as applicable, determines to be necessary to protect--
``(A) trade secrets and commercial or financial
information under section 552(b)(4) of title 5, United
States Code; or
``(B) national security.
``d. Public Participation.--For a period of not less than 90 days
beginning on the date on which a licensee submits a proposed covered
PSDAR to the Commission under subsection c. (1)(A) or the date on which
the Commission dockets an application for transfer of a license under
section 2.101 of title 10, Code of Federal Regulations (or successor
regulations), as applicable, the Commission shall solicit in the host
State public comments regarding the proposed covered PSDAR or notice of
proposed license transfer, including through--
``(1) the solicitation of written comments; and
``(2) the conduct of not fewer than 2 public meetings.
``e. Support, Conditional Support, or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the date of
receipt of a proposed covered PSDAR or the date on which the
Commission dockets an application for transfer of a license
under section 2.101 of title 10, Code of Federal Regulations
(or successor regulations), as applicable, for a covered
facility, the Commission shall notify the host State of the
opportunity to file with the Commission, by the date that is 60
days after the date on which the host State receives the
notification--
``(A) a statement of support for the proposed
covered PSDAR or license transfer;
``(B) a statement of conditional support for the
proposed covered PSDAR or license transfer, together
with specific recommendations for changes that could
lead the host State to support the proposed covered
PSDAR or license transfer; or
``(C) a statement of nonsupport for the proposed
covered PSDAR or license transfer.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files with the
Commission a statement of support under paragraph
(1)(A) or a statement of nonsupport under paragraph
(1)(C), or fails to file a statement with the
Commission by the deadline specified in paragraph (1),
the Commission shall issue a determination regarding
whether the proposed covered PSDAR is adequate or
inadequate or a determination regarding whether to
provide consent for the proposed license transfer, as
applicable--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into consideration--
``(I) any written comments
submitted by the host State, other
affected States, and local communities
with respect to the proposed covered
PSDAR or license transfer; and
``(II) any input from the public
under subsection d.
``(B) Considerations.--The Commission shall
consider a proposed covered PSDAR or license transfer
to be adequate under subparagraph (A) if the Commission
determines that--
``(i) the proposed covered PSDAR or license
transfer provides for--
``(I) the overall protection of
human health and the environment; and
``(II) adequate protection to the
health and safety of the public and the
common defense and security;
``(ii) the licensee (and, if applicable,
the transferee) has a substantial likelihood of
implementing the proposed covered PSDAR or
license transfer within the timeframe described
in the proposed covered PSDAR or license
transfer application;
``(iii) the proposed covered PSDAR or
license transfer is in accordance with
applicable law (including regulations); and
``(iv) the licensee (and, if applicable,
the transferee) has demonstrated that the
licensee has, or will have, the funds required
to fully implement the proposed covered PSDAR
or license transfer within the timeframe
described in the proposed covered PSDAR or
license transfer application, based on--
``(I) a comprehensive radiological
site assessment and characterization;
and
``(II) a nonradiological site
assessment and characterization
conducted by the host State.
``(C) Determination of adequacy.--Subject to
paragraph (4), if the Commission determines that a
proposed covered PSDAR or license transfer is adequate
under subparagraphs (A) and (B), the Commission shall
issue a decision document approving the covered PSDAR
or license transfer.
``(D) Determination of inadequacy.--
``(i) In general.--If the Commission
determines that a proposed covered PSDAR or
license transfer is inadequate under
subparagraphs (A) and (B)--
``(I) the Commission shall issue a
decision document rejecting the
proposed covered PSDAR or license
transfer, including a description of
the reasons for the decision, by the
applicable deadline under paragraph
(4); and
``(II) the licensee may develop and
submit to the Commission a new proposed
covered PSDAR or license transfer
application in accordance with this
section.
``(ii) Certain covered psdars.--If the
Commission rejects a proposed covered PSDAR
that is the initial PSDAR for a covered
facility, the licensee shall develop and submit
to the Commission a new proposed covered PSDAR
in accordance with this section not later than
2 years after the date of cessation of
operations at the covered facility.
``(3) Conditional support by host state.--
``(A) In general.--In any case in which the host
State files with the Commission a statement of
conditional support of a proposed covered PSDAR or
license transfer under paragraph (1)(B), the Commission
shall determine whether the proposed covered PSDAR or
license transfer is permissible under applicable law
(including regulations).
``(B) Changes.--Notwithstanding the adequate
protection of public health and safety or the common
defense and security, for each change recommended by
the host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final covered PSDAR or license
transfer, unless the Commission determines the
change to be inappropriate for inclusion, based
on clear and convincing evidence that--
``(I) the change violates
applicable law; or
``(II) the total costs of the
change substantially outweigh the
safety, economic, or environmental
benefits of the change to the host
State; and
``(ii) if applicable, provide the rationale
for each determination of inappropriateness
under clause (i).
``(C) Decision document.--
``(i) In general.--Subject to paragraph
(4), based on the determinations made under
subparagraphs (A) and (B), the Commission shall
issue a decision document relating to a
proposed covered PSDAR or license transfer
that, as applicable--
``(I) approves the proposed covered
PSDAR or license transfer with any
changes recommended by the host State
that are not determined to be
inappropriate under subparagraph (B);
or
``(II) rejects the proposed covered
PSDAR or license transfer.
``(ii) Applicable law.--A decision document
issued under clause (i) or subparagraph (C) or
(D)(i) of paragraph (2) shall be considered to
be a final order entered in a proceeding under
section 189 a.
``(D) Treatment on approval.--On approval by the
Commission of a proposed covered PSDAR or license
transfer under subparagraph (C)(i)(I) or paragraph
(2)(C)--
``(i) the covered PSDAR or approval of the
license transfer by the Commission shall be
final; and
``(ii) the licensee may begin
implementation of the covered PSDAR.
``(E) Rejection.--
``(i) In general.--If the Commission
rejects a proposed covered PSDAR or license
transfer under subparagraph (C)(i)(II), the
licensee may develop and submit to the
Commission a new proposed covered PSDAR or
license transfer application in accordance with
this section.
``(ii) Certain covered psdars.--If the
Commission rejects a proposed covered PSDAR
that is the initial PSDAR for a covered
facility, the licensee shall develop and submit
to the Commission a new proposed covered PSDAR
in accordance with this section not later than
2 years after the date of cessation of
operations at the covered facility.
``(4) Deadline for decision document.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Commission shall issue a decision document
relating to a proposed covered PSDAR or license
transfer under subparagraph (C) or (D)(i)(I) of
paragraph (2) or paragraph (3)(C)(i) by not later than
1 year after the date on which the proposed covered
PSDAR or an application for transfer of a license, as
applicable, is submitted to the Commission under
subsection c. (1)(A).
``(B) Proposed intermediate license transfers.--
``(i) Definition of proposed intermediate
license transfer.--In this subparagraph, the
term `proposed intermediate license transfer'
means a proposed transfer of license--
``(I) for a covered facility on
behalf of which a proposed covered
PSDAR has been submitted by the
licensee to the Commission under
subsection c. (1)(A)(i); and
``(II) the notice of which is
submitted to the Commission under
subsection c. (1)(A)(ii) before the
applicable deadline under subparagraph
(A) for the issuance by the Commission
of a decision document relating to the
proposed covered PSDAR described in
subclause (I).
``(ii) Deadline.--Subject to subparagraph
(C), in any case in which a licensee submits to
the Commission a notice of a proposed
intermediate license transfer of a covered
facility, the Commission shall issue a decision
document relating to the proposed covered PSDAR
of the covered facility by not later than 1
year after the date of receipt of the
application for transfer of a license.
``(C) Extension.--If there are unforeseen
circumstances, including unexpected technical issues,
site-specific characteristics, or other external
factors that could affect the ability of the Commission
to issue a decision document by a deadline specified in
subparagraph (A) or (B)(ii), the Commission may extend
the applicable deadline for a reasonable period of
time, as determined by the Commission.
``f. Additional Requirements.--
``(1) Action by transferees.--On transfer of a license for
a covered facility by a licensee to a transferee in accordance
with this section, the transferee shall conduct consultation in
accordance with subsection b. with respect to each proposed
covered PSDAR developed by the transferee for the covered
facility.
``(2) State environmental law compliance.--Notwithstanding
any other provision of this section, the Commission shall not
approve a proposed covered PSDAR or license transfer under this
section unless the proposed covered PSDAR or license transfer
for a covered facility includes a requirement that the licensee
and the transferee, if applicable, shall comply with applicable
State law relating to air, water, or soil quality or
radiological standards with respect to the implementation of
the proposed covered PSDAR or license transfer in any case in
which the applicable State law is more restrictive than an
applicable Federal law.
``g. Application to Existing Decommissioning Activities.--
``(1) In general.--The Commission shall notify--
``(A) each licensee or transferee, if applicable,
of the opportunity to develop and submit to the
Commission for approval a revised covered PSDAR for any
covered facility of the licensee for which, as of the
date of enactment of this section--
``(i) decontamination and dismantlement
activities described in an existing covered
PSDAR have not commenced at the covered
facility; or
``(ii) decontamination and dismantlement
activities described in an existing covered
PSDAR have been commenced at the covered
facility for a period of less than 5 years; and
``(B) each affected State with respect to a covered
facility described in subparagraph (A) of the
opportunity to consult with a licensee or transferee
described in that subparagraph in accordance with
subsection b.
``(2) Process.--
``(A) In general.--Except as provided in paragraphs
(3) and (4), if a licensee or transferee described in
paragraph (1)(A) elects to submit to the Commission a
revised covered PSDAR under that paragraph, the process
for consideration and approval of the revised covered
PSDAR shall be carried out in accordance with--
``(i) the process for consideration and
approval of a proposed covered PSDAR for a
covered facility under subsections b., c., d.,
and f.; and
``(ii) the process for support, conditional
support, or nonsupport by the host State under
subsection e.
``(B) Nonselection.--If a licensee or transferee
described in paragraph (1)(A) elects not to revise an
existing covered PSDAR under that paragraph, the host
State may file a statement of support, conditional
support, or nonsupport for the existing covered PSDAR
in accordance with the process for support, conditional
support, or nonsupport by a host State under subsection
e.
``(3) Decision document.--A decision document for a revised
covered PSDAR submitted under paragraph (1)(A), or for an
existing covered PSDAR in any case in which the licensee or
transferee elects not to revise the existing covered PSDAR,
shall be issued in accordance with subparagraph (C) or
(D)(i)(I) of subsection e. (2) or subsection e. (3)(C), as
applicable, except that the Commission shall issue the decision
document by the date that is 1 year after the date on which the
applicable decontamination and dismantlement activities
commence at the applicable covered facility.
``(4) Revision after determination of inadequacy.--If the
Commission rejects a revised covered PSDAR submitted by a
licensee or transferee under paragraph (1)(A) in accordance
with subsection e. (2)(D)(i)(I) or subsection e. (3)(C)(i)(II),
the licensee or transferee shall develop and submit to the
Commission a new revised covered PSDAR in accordance with this
subsection by not later than 2 years after the date of the
rejection.''.
(b) Technical and Conforming Amendments.--
(1) In general.--The Atomic Energy Act of 1954 is amended--
(A) in section 103 (42 U.S.C. 2133), by
redesignating subsection f. as subsection e.; and
(B) in section 111 (42 U.S.C. 2141), by striking
the section designation and all that follows through
``The Nuclear'' in subsection a. and inserting the
following:
``SEC. 111. LICENSING BY NUCLEAR REGULATORY COMMISSION OF DISTRIBUTION
OF CERTAIN MATERIALS BY DEPARTMENT OF ENERGY.
``a. The Nuclear''.
(2) Table of contents.--The table of contents of the Atomic
Energy Act of 1954 (68 Stat. 919; 126 Stat. 2216) is amended by
striking the items relating to chapter 10 of title I and
inserting the following:
``Chapter 10. Atomic Energy Licenses
``Sec. 101. License required.
``Sec. 102. Utilization and production facilities for industrial or
commercial purposes.
``Sec. 103. Commercial licenses.
``Sec. 104. Medical therapy and research and development.
``Sec. 105. Antitrust provisions.
``Sec. 106. Classes of facilities.
``Sec. 107. Operators' licenses.
``Sec. 108. War or national emergency.
``Sec. 109. Component and other parts of facilities.
``Sec. 110. Exclusions.
``Sec. 111. Licensing by Nuclear Regulatory Commission of distribution
of certain materials by Department of
Energy.
``Sec. 112. Domestic medical isotope production.
``Sec. 113. Post-shutdown decommissioning activities reports.''.
SEC. 3. GRANT PROGRAMS TO SUPPORT THE ACTIVITIES OF COMMUNITY ADVISORY
BOARDS.
(a) Definitions.--In this section:
(1) Community advisory board.--The term ``community
advisory board'' means a community committee or other advisory
organization that aims to foster communication and information
exchange between--
(A) a licensee planning for and involved in
decommissioning activities; and
(B) members of a community that may be affected by
the decommissioning activities of that licensee.
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(3) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(4) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
(5) Small, rural, or disadvantaged community.--The term
``small, rural, or disadvantaged community'' means an area
that--
(A) has a population of fewer than 50,000
individuals; or
(B) is disadvantaged with respect to geographic,
socioeconomic, public health, or environmental hazard
criteria, as determined by the Commission.
(b) Short-Term Grant Program.--
(1) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means--
(A) a State in which a civilian nuclear power plant
or nuclear power generation unit, as determined by the
Commission, is decommissioned or is in the process of
being decommissioned during the 3-year period beginning
on the date of enactment of this Act; and
(B) an Indian Tribe the land of which contains a
civilian nuclear power plant or nuclear power
generation unit, as determined by the Commission, that
is decommissioned or is in the process of being
decommissioned during the 3-year period beginning on
the date of enactment of this Act.
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Commission shall establish a
grant program under which the Commission shall award grants to
eligible entities to support the activities of community
advisory boards.
(3) Applications.--An eligible entity desiring a grant
under this subsection shall submit to the Commission an
application at such time, in such manner, and containing such
information as the Commission may require.
(4) Use of funds.--
(A) Awarding of subgrants.--An eligible entity
shall use a grant awarded under this subsection to make
subgrants to community advisory boards for use in
accordance with subparagraph (B).
(B) Use of subgrants.--A community advisory board
may use a subgrant awarded under subparagraph (A)--
(i) to hire or consult with experts;
(ii) for administrative costs;
(iii) to cover travel expenses;
(iv) for website and social media
maintenance;
(v) for the preparation of annual reports
and other communications;
(vi) to contract for services;
(vii) to reimburse volunteers; and
(viii) to cover other reasonable and
necessary expenses of the community advisory
board, as determined to be appropriate by the
Commission.
(5) Distribution of funds.--The Commission shall establish
a formula to ensure, to the maximum extent practicable,
geographic diversity among grant recipients under this
subsection.
(6) Requirement.--In carrying out this subsection, the
Commission, to the maximum extent practicable, shall implement
the recommendations described in the report submitted to
Congress under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled
``Best Practices for Establishment and Operation of Local
Community Advisory Boards Associated with Decommissioning
Activities at Nuclear Power Plants''.
(7) Cost sharing.--Notwithstanding any other provision of
law, with respect to a subgrant awarded under this subsection,
neither the Commission nor an eligible entity may impose a
cost-sharing requirement on a community advisory board with
respect to--
(A) any activity that is carried out on behalf of,
for the benefit of, or to foster communication and
information exchange with, a small, rural, or
disadvantaged community; or
(B) any activity of the community advisory board
if--
(i) the applicable nuclear power plant or
nuclear power generation unit is located in a
small, rural, or disadvantaged community; or
(ii) a small, rural, or disadvantaged
community may be disproportionately impacted by
the applicable decommissioning activities of
the licensee.
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Commission to carry out this
subsection $12,500,000 for the period of fiscal years 2026
through 2028, to remain available until the date that is 5
years after the date of enactment of this Act.
(c) Long-Term Grant Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''
means--
(i) a State in which a civilian nuclear
power plant or nuclear power generation unit,
as determined by the Commission, is
decommissioned or is in the process of being
decommissioned more than 3 years after the date
of enactment of this Act; and
(ii) an Indian Tribe the land of which
contains a civilian nuclear power plant or
nuclear power generation unit, as determined by
the Commission, that is decommissioned or is in
the process of being decommissioned more than 3
years after the date of enactment of this Act.
(B) Fund.--The term ``Fund'' means the Community
Advisory Board Fund established under paragraph (2).
(C) PSDAR.--The term ``PSDAR'' means a post-
shutdown decommissioning activities report submitted to
the Commission and affected States under section
50.82(a)(4)(i) of title 10, Code of Federal Regulations
(or successor regulations).
(2) Community advisory board fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Community Advisory Board Fund''.
(B) Deposits.--Each fiscal year, there shall be
deposited in the Fund an amount equal to the total
amount collected by the Commission pursuant to the
regulations promulgated under paragraph (7) for the
fiscal year.
(C) Use of fund.--Amounts in the Fund shall be
available to the Commission, without further
appropriation or fiscal year limitation, for making
grants under this subsection.
(3) Establishment of grant program.--Not later than 1 year
after the date of enactment of this Act, the Commission shall
establish a grant program under which the Commission shall
award grants to eligible entities to support the activities of
community advisory boards.
(4) Applications.--An eligible entity desiring a grant
under this subsection shall submit to the Commission an
application at such time, in such manner, and containing such
information as the Commission may require.
(5) Use of funds.--
(A) Awarding of subgrants.--An eligible entity
shall use a grant awarded under this subsection to make
subgrants to community advisory boards for use in
accordance with subparagraph (B).
(B) Use of subgrants.--A community advisory board
may use a subgrant awarded under subparagraph (A)--
(i) to hire or consult with experts;
(ii) for administrative costs;
(iii) to cover travel expenses;
(iv) for website and social media
maintenance;
(v) for the preparation of annual reports
and other communications;
(vi) to contract for services;
(vii) to reimburse volunteers; and
(viii) to cover other reasonable and
necessary expenses of the community advisory
board, as determined to be appropriate by the
Commission.
(6) Cost sharing.--Notwithstanding any other provision of
law, with respect to a subgrant awarded under this subsection,
neither the Commission nor an eligible entity may impose a
cost-sharing requirement on a community advisory board with
respect to--
(A) any activity that is carried out on behalf of,
for the benefit of, or to foster communication and
information exchange with, a small, rural, or
disadvantaged community; or
(B) any activity of the community advisory board
if--
(i) the applicable nuclear power plant or
nuclear power generation unit is located in a
small, rural, or disadvantaged community; or
(ii) a small, rural, or disadvantaged
community may be disproportionately impacted by
the applicable decommissioning activities of
the licensee.
(7) Rulemaking.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Commission shall
promulgate regulations requiring a licensee submitting
to the Commission a PSDAR relating to the
decommissioning of a nuclear power plant or a nuclear
power generation unit, as determined by the Commission,
for which consultation is required under section 113 b.
of the Atomic Energy Act of 1954 to certify that the
licensee has paid to the Commission for deposit into
the Fund--
(i) in the case of a PSDAR relating to the
decommissioning of 1 or more nuclear power
plants, $500,000 for each of those power
plants; or
(ii) in the case of a PSDAR relating to the
decommissioning of 1 or more nuclear power
generation units, as determined by the
Commission, $500,000 for each nuclear power
plant in which those units are located.
(B) Requirements.--The regulations promulgated
under subparagraph (A) shall provide that--
(i) for each subsequent PSDAR relating to a
nuclear power plant for which a PSDAR was
previously submitted relating to the power
plant or any nuclear power generation unit
located in the power plant--
(I) if consultation is required
under section 113 b. of the Atomic
Energy Act of 1954 with respect to the
subsequent PSDAR or any decommissioning
activities relating to the subsequent
PSDAR, the licensee submitting the
subsequent PSDAR shall certify that the
licensee has paid to the Commission for
deposit into the Fund $500,000, which
shall be in addition to any amounts
previously paid to the Commission for
deposit into the Fund relating to any
previously submitted PSDAR; and
(II) if consultation under section
113 b. of the Atomic Energy Act of 1954
is not required with respect to the
subsequent PSDAR or any decommissioning
activities relating to the subsequent
PSDAR, the licensee submitting the
subsequent PSDAR shall certify that
such consultation is not required;
(ii) a licensee may pay to the Commission
the amounts described in clause (i) or (ii) of
subparagraph (A) or in subclause (I) of clause
(i) at any time prior to the submission of a
PSDAR relating to those amounts; and
(iii) with respect to a merchant power
plant, no amounts may be withdrawn from the
decommissioning trust fund relating to that
merchant power plant for the purpose of paying
to the Commission an amount described in--
(I) clause (i) or (ii) of
subparagraph (A); or
(II) subclause (I) of clause (i).
(C) Limitation.--A licensee that has paid to the
Commission the amount described in clause (i) or (ii)
of subparagraph (A) with respect to a nuclear power
plant shall not be required to pay that amount with
respect to the same power plant on submission of any
subsequent PSDAR relating to the decommissioning of
that power plant or any nuclear power generation unit
located in that power plant if consultation is not
required with respect to that PSDAR or any
decommissioning activities relating to that PSDAR under
section 113 b. of the Atomic Energy Act of 1954.
(8) Requirement.--In carrying out this subsection, the
Commission, to the maximum extent practicable, shall implement
the recommendations described in the report submitted to
Congress under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled
``Best Practices for Establishment and Operation of Local
Community Advisory Boards Associated with Decommissioning
Activities at Nuclear Power Plants''.
SEC. 4. ASSISTANCE FOR NUCLEAR HOST COMMUNITIES.
(a) Funding.--Section 701(f)(1) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231(f)(1)) is amended by striking
``2029'' and inserting ``2034''.
(b) Additional Activities.--Section 209(e)(2)(A) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149(e)(2)(A)) is
amended by inserting ``, including through capacity building and
economic resilience activities'' after ``communities''.
(c) Federal Share.--Section 204(c) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3144(c)) is amended by adding at the
end the following:
``(5) Certain nuclear host communities.--
``(A) In general.--In the case of a grant to a
nuclear host community under section 209(e) that is a
small, rural, or disadvantaged community, the Federal
share of the cost of the project or activity carried
out with the grant shall be 100 percent.
``(B) Definitions.--In this paragraph:
``(i) Nuclear host community.--The term
`nuclear host community' has the meaning given
the term in section 209(e)(1).
``(ii) Small, rural, or disadvantaged
community.--The term `small, rural, or
disadvantaged community' means an area that--
``(I) has a population of fewer
than 50,000 individuals; or
``(II) is disadvantaged with
respect to geographic, socioeconomic,
public health, or environmental hazard
criteria, as determined by the
Secretary.''.
SEC. 5. FINANCIAL ASSISTANCE FOR COMMUNITIES WITH STRANDED NUCLEAR
WASTE.
(a) Definitions.--In this section:
(1) Affected community.--The term ``affected community''
means a unit of local government, including a county, city,
town, village, school district, or special district, that
contains stranded nuclear waste within the boundaries of the
unit of local government, as determined by the Secretary.
(2) Eligible civilian nuclear power plant.--The term
``eligible civilian nuclear power plant'' means a nuclear power
plant that--
(A) has been decommissioned; or
(B) is in the process of being decommissioned.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Stranded nuclear waste.--The term ``stranded nuclear
waste'' means nuclear waste or spent nuclear fuel stored in dry
casks or spent fuel pools at a decommissioned or
decommissioning nuclear facility.
(b) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish and carry out a
noncompetitive grant program to provide financial assistance to units
of local government within the jurisdictional boundary of which an
eligible civilian nuclear power plant is located to offset the economic
and social impacts of stranded nuclear waste in affected communities.
(c) Eligibility.--A unit of local government that is an affected
community shall be eligible to receive a grant under this section for a
fiscal year.
(d) Awards.--
(1) Amount.--The amount of a grant awarded under subsection
(b) shall be equal to $15 for each kilogram of spent nuclear
fuel stored at the eligible civilian nuclear power plant in the
affected community.
(2) Number and frequency.--With respect to each eligible
civilian nuclear power plant, the Secretary may only award 1
grant under subsection (b) to each eligible unit of local
government for each fiscal year.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out this
section for each of fiscal years 2026 through 2035.
(2) No offset.--None of the funds made available under this
subsection may be used to offset the funding for any other
Federal program.
SEC. 6. ECONOMIC DEVELOPMENT IN HOST COMMUNITIES.
(a) Definitions.--In this section:
(1) Certification of permanent cessation of operations.--
The term ``certification of permanent cessation of operations''
means a written certification of the determination of a
licensee to permanently cease operations of a civilian nuclear
power plant required to be submitted to the Commission under
section 50.82 of title 10, Code of Federal Regulations (or
successor regulations).
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(3) Covered facility.--The term ``covered facility'' means
a civilian nuclear power plant for which decommissioning
activities will be carried out after the date of enactment of
this Act, including--
(A) new and existing civilian nuclear power plants
for which decommissioning activities have not begun as
of that date of enactment; and
(B) existing civilian nuclear power plants for
which decommissioning activities have begun as of that
date of enactment.
(4) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(5) Host community.--The term ``host community'' means a
State, unit of Tribal government, or unit of local government,
including a county, city, town, village, school district, or
special district, that contains a decommissioning civilian
nuclear power plant within the boundaries of the State, unit of
Tribal government, or unit of local government, as determined
by the Secretary.
(6) Host community economic recovery account.--The term
``host community economic recovery account'' means a host
community economic recovery account established by the
Secretary under subsection (b)(1).
(7) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or a successor regulation).
(8) Nuclear decommissioning trust.--The term ``nuclear
decommissioning trust'' means a nuclear plant decommissioning
trust fund described in section 35.32 of title 18, Code of
Federal Regulations (or a successor regulation).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of Commerce
for Economic Development.
(b) Host Community Economic Recovery Accounts.--
(1) Establishment.--For each covered facility, the
Secretary of the Treasury shall establish in the Treasury of
the United States an account, to be known as a ``host community
economic recovery account''.
(2) Management.--Each host community economic recovery
account shall be administered by the Secretary.
(3) Funding.--
(A) In general.--Not less frequently than annually,
each licensee of a covered facility shall--
(i) if a nuclear decommissioning trust has
been established for the covered facility,
transfer to the Secretary, from that nuclear
decommissioning trust, an amount sufficient to
ensure that the balance of the host community
economic recovery account relating to that
covered facility is not less than 2 percent of
the sum obtained by adding--
(I) the balance of that nuclear
decommissioning trust; and
(II) the balance of that host
community economic recovery account; or
(ii) if a nuclear decommissioning trust has
not been established for the covered facility,
transfer to the Secretary an amount sufficient
to ensure that the balance of the host
community economic recovery account relating to
that covered facility is not less than 2
percent of the greater of--
(I) the sum obtained by adding--
(aa) the total amount of
financial assurance for
decommissioning of that covered
facility provided by the
licensee using a method other
than a nuclear decommissioning
trust; and
(bb) the balance of that
host community economic
recovery account; and
(II) the sum obtained by adding--
(aa) the applicable minimum
amount determined under section
50.75(c) of title 10, Code of
Federal Regulations (or a
successor regulation), for the
covered facility; and
(bb) the balance of that
host community economic
recovery account.
(B) Limitation.--Any amounts distributed by the
Secretary to host communities under subsection (c)(1)
from a host community recovery account shall be
considered to be part of the balance of that host
community recovery account for purposes of subparagraph
(A).
(4) Deposits.--Amounts transferred to the Secretary under
paragraph (3) shall be deposited in the applicable host
community economic recovery account.
(c) Use of Funds.--
(1) In general.--Amounts deposited in a host community
economic recovery account under subsection (b)(4) shall be used
by the Secretary to provide grants to host communities within
the boundaries of which the applicable covered facility is
located.
(2) Economic development.--Amounts provided to a host
community under paragraph (1) shall be used for--
(A) economic development planning (as defined by
the Secretary); or
(B) carrying out a comprehensive economic
development strategy (as defined in section 3 of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3122)).
(d) Availability of Funds.--
(1) In general.--Amounts deposited in a host community
economic recovery account under subsection (b)(4) shall be
available to the Secretary without appropriation or fiscal year
limitation for providing grants in accordance with this
section.
(2) Deadline.--The Secretary shall begin the process for
making grants to applicable host communities under subsection
(c)(1) not later than the earlier of--
(A) the date that is 5 years before scheduled
shutdown of the applicable covered facility; and
(B) the date on which the applicable licensee
submits to the Commission a certification of permanent
cessation of operations with respect to the applicable
covered facility.
(3) Cost sharing.--Notwithstanding any other provision of
law, the Secretary may not impose a cost-sharing requirement
with respect to--
(A) a grant provided under subsection (c)(1) to a
host community that is a small, rural, or disadvantaged
community (as defined in section 4(a)); or
(B) any activity carried out by, or for the benefit
of, a small, rural, or disadvantaged community (as so
defined) using a grant provided under that subsection.
(e) Certain Covered Facilities.--
(1) Definition of currently decommissioning facility.--In
this subsection, the term ``currently decommissioning
facility'' means a covered facility for which decommissioning
activities have begun as of the date of enactment of this Act.
(2) Funding of host community economic recovery accounts.--
Not later than 1 year after the date of enactment of this Act,
each licensee of a currently decommissioning facility shall--
(A) if a nuclear decommissioning trust has been
established for the currently decommissioning facility,
transfer to the Secretary, from that nuclear
decommissioning trust, an amount equal to 2 percent of
the balance of that nuclear decommissioning trust as of
that date of enactment for deposit in accordance with
subsection (b)(4); or
(B) if a nuclear decommissioning trust has not been
established for the currently decommissioning facility,
transfer to the Secretary, for deposit in accordance
with subsection (b)(4), an amount equal to 2 percent of
the greater of--
(i) the total amount of financial assurance
for decommissioning of that covered facility
provided by the licensee using a method other
than a nuclear decommissioning trust as of that
date of enactment; and
(ii) the applicable minimum amount
determined under section 50.75(c) of title 10,
Code of Federal Regulations (or a successor
regulation), for the covered facility as of
that date of enactment.
(3) Deadline.--With respect to a currently decommissioning
facility, the Secretary shall begin the process for making
grants to applicable host communities under subsection (c)(1)
not later than 1 year after the date of enactment of this Act.
(4) Clarification.--Subsections (b)(3) and (d)(2) shall not
apply in the case of a currently decommissioning facility.
(f) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Commission shall revise such regulations as
are necessary (including, if applicable, section 50.75(c) of title 10,
Code of Federal Regulations) to ensure, to the maximum extent
practicable, that nuclear decommissioning trusts will contain
sufficient amounts to carry out this section without compromising the
ability of the nuclear decommissioning trust to fund other legitimate
decommissioning activities.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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