S T A T E O F N E W Y O R K
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10027
I N A S S E M B L Y
January 30, 2026
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Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Energy
AN ACT to amend the public authorities law, the environmental conserva-
tion law and the state finance law, in relation to establishing the
New York advanced nuclear energy office within the New York state
power authority in consultation with the New York state energy
research and development authority and creating a New York advanced
nuclear development fund to support advanced nuclear projects in New
York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 5 of the public authorities law is amended by
adding a new title 13 to read as follows:
TITLE 13
NEW YORK ADVANCED NUCLEAR ENERGY OFFICE
SECTION 1349-A. DEFINITIONS.
1349-B. NEW YORK ADVANCED NUCLEAR ENERGY OFFICE ESTABLISHED.
1349-C. GENERAL RESPONSIBILITIES.
1349-D. NUCLEAR PERMITTING COORDINATOR.
1349-E. NEW YORK ADVANCED NUCLEAR DEVELOPMENT FUND.
1349-F. DESCRIPTION OF ESTABLISHED GRANTS.
1349-G. GRANT APPLICATION EVALUATION.
§ 1349-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADVANCED NUCLEAR PROJECT" MEANS AN ELECTRIC GENERATION FACILITY
THAT RELIES ON AN ADVANCED NUCLEAR REACTOR TO GENERATE POWER, STEAM, OR
HEAT, A NUCLEAR FUEL CYCLE FACILITY THAT SUPPLIES ADVANCED NUCLEAR REAC-
TORS, OR ASSOCIATED TECHNOLOGIES SUPPORTING THE ADVANCED NUCLEAR ENERGY
INDUSTRY.
2. "ADVANCED NUCLEAR REACTOR" MEANS A RANGE OF NUCLEAR REACTOR TECH-
NOLOGIES DETERMINED BY THE REGULATORY COMMISSION TO BE EITHER OF GENER-
ATION III+ OR GENERATION IV, INCLUDING LARGE LIGHT WATER REACTORS, SMALL
MODULAR REACTORS, MICROREACTORS, AND NUCLEAR COGENERATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14129-03-5
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3. "CONSTRUCTION PERMIT" MEANS A PERMIT ISSUED BY THE REGULATORY
COMMISSION FOR THE CONSTRUCTION OF:
(A) A NUCLEAR PRODUCTION OR UTILIZATION FACILITY; OR
(B) A RESEARCH OR TEST REACTOR THAT CONTRIBUTES TO THE FUTURE COMMER-
CIALIZATION OF THAT RESEARCH OR TEST REACTOR TECHNOLOGY.
4. "DIRECTOR" MEANS THE DIRECTOR OF THE NEW YORK ADVANCED NUCLEAR
ENERGY OFFICE.
5. "LICENSE" MEANS A LICENSE ISSUED BY THE REGULATORY COMMISSION THAT
AUTHORIZES THE LICENSE HOLDER TO CONSTRUCT AND OPERATE A NUCLEAR POWER
FACILITY, SUCH AS A NUCLEAR PLANT AT A SPECIFIC SITE, WITH SPECIFIED
CONDITIONS.
6. "OFFICE" MEANS THE NEW YORK ADVANCED NUCLEAR ENERGY OFFICE ESTAB-
LISHED BY THIS TITLE.
7. "REGULATORY COMMISSION" MEANS THE UNITED STATES NUCLEAR REGULATORY
COMMISSION.
8. "UTILITY COMMISSION" MEANS THE NEW YORK STATE PUBLIC SERVICE
COMMISSION.
§ 1349-B. NEW YORK ADVANCED NUCLEAR ENERGY OFFICE ESTABLISHED. 1.
THERE IS HEREBY ESTABLISHED WITHIN THE NEW YORK STATE POWER AUTHORITY IN
CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, THE NEW YORK ADVANCED NUCLEAR ENERGY OFFICE.
2. THE HEAD OF THE NEW YORK ADVANCED NUCLEAR ENERGY OFFICE SHALL BE
THE DIRECTOR OF THE OFFICE AND SHALL BE APPOINTED BY THE GOVERNOR AND
WHO SHALL RECEIVE A SALARY TO BE FIXED BY THE GOVERNOR WITHIN AMOUNTS
APPROPRIATED THEREFOR.
§ 1349-C. GENERAL RESPONSIBILITIES. 1. THE PURPOSES OF THE NEW YORK
ADVANCED NUCLEAR ENERGY OFFICE ARE TO:
(A) PROVIDE STRATEGIC LEADERSHIP FOR THE ESTABLISHMENT OF ADVANCED
NUCLEAR REACTOR FACILITIES IN THIS STATE;
(B) WORK WITH INTERESTED STAKEHOLDERS AND STATE AND LOCAL LEADERS TO
ESTABLISH A STATEWIDE STRATEGIC ADVANCED NUCLEAR ENERGY PUBLIC OUTREACH
PROGRAM;
(C) PROMOTE THE DEVELOPMENT OF ADVANCED NUCLEAR REACTORS FOR DISPATCH-
ABLE ELECTRIC GENERATION, WHILE ALSO CREATING HIGH-WAGE MANUFACTURING
JOBS IN THIS STATE;
(D) LEAD THE TRANSITION TO A DIVERSIFIED ENERGY PRODUCTION FUTURE BY
ADVANCING INNOVATIVE NUCLEAR ENERGY GENERATION TECHNOLOGIES WHILE DELIV-
ERING SAFE AND SUSTAINABLE ENERGY SOLUTIONS THAT ADDRESS THE STATE'S
GROWING DEMAND FOR RELIABLE POWER;
(E) FOSTER ECONOMIC GROWTH AND ENSURE THE SAFETY OF FUTURE NUCLEAR
ENERGY GENERATION DEVELOPMENT;
(F) INVESTIGATE AND DETERMINE BARRIERS TO THE FINANCIAL VIABILITY OF
NUCLEAR ENERGY GENERATION AND REGULATORY AND LICENSING COMPLEXITIES THAT
INCREASE RISK TO DEVELOPERS OF NUCLEAR ENERGY;
(G) EFFECTIVELY UTILIZE AND LEVERAGE THE EXPERTISE AND CAPACITY OF
INSTITUTIONS OF HIGHER EDUCATION, THE NUCLEAR ENERGY INDUSTRY, THE
INDUSTRIAL MANUFACTURING CENTER, AND REGULATORY STAKEHOLDERS TO DEVELOP
A COMPREHENSIVE STRATEGIC PLAN TO ENSURE THE DEVELOPMENT OF ADVANCED
NUCLEAR ENERGY AND ASSOCIATED TECHNOLOGIES IN THIS STATE; AND
(H) SUPPORT THE DEVELOPMENT OF AN ADVANCED NUCLEAR ENERGY SUPPLY CHAIN
AND ASSOCIATED TECHNOLOGIES IN THIS STATE.
2. THE OFFICE IS AUTHORIZED TO:
(A) ESTABLISH AD HOC, ADVISORY, AND OVERSIGHT COMMITTEES, WITH
APPOINTMENTS TO BE MADE TO ANY RESPECTIVE COMMITTEE BY THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
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MINORITY LEADER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE SENATE
TO CARRY OUT AND MONITOR THE OFFICE'S DUTIES UNDER THIS SECTION;
(B) CONTRACT WITH ANY ENTITY; AND
(C) EXERCISE ANY OTHER POWER NECESSARY TO CARRY OUT THE RESPONSIBIL-
ITIES LISTED IN THIS SECTION.
3. THE OFFICE SHALL NOT REQUIRE AN ADVANCED NUCLEAR POWER PROJECT TO
BE CONSTRUCTED IN A SPECIFIC LOCATION IN THIS STATE WITHOUT EXPRESS
APPROVAL OF THE GOVERNING BODY OF ANY IMPACTED MUNICIPALITY.
4. THE OFFICE AND THE UTILITY COMMISSION, WITH THE ASSISTANCE OF ANY
OTHER STATE ENTITY THE OFFICE OR THE UTILITY COMMISSION DETERMINES IS
NECESSARY, SHALL CONDUCT A STUDY TO IDENTIFY NECESSARY STATE REGULATORY
FUNCTIONS RELATED TO NUCLEAR ENERGY GENERATION FACILITIES IN THIS STATE.
§ 1349-D. NUCLEAR PERMITTING COORDINATOR. 1. THE DIRECTOR SHALL EMPLOY
A NUCLEAR PERMITTING COORDINATOR TO ASSIST BUSINESSES THROUGHOUT THE
NUCLEAR ENERGY PERMITTING AND REGULATORY PROCESS.
2. THE NUCLEAR PERMITTING COORDINATOR SHALL HAVE SUBSTANTIAL KNOWLEDGE
OF THE PERMITTING AND REGULATORY PROCESS IN THIS STATE.
3. THE NUCLEAR PERMITTING COORDINATOR SHALL:
(A) ACT AS SINGLE POINT OF CONTACT FOR STAKEHOLDERS DURING THE NUCLEAR
ENERGY PERMITTING AND REGULATORY PROCESS;
(B) IDENTIFY ACTIVE OR LIKELY SITING OPPORTUNITIES AND REQUIRED
PERMITS AND APPROVALS FOR NUCLEAR GENERATION SITES AND KEY PERSONNEL;
AND
(C) PROVIDE SOUND GUIDANCE FOR REGULATED PERSONS NAVIGATING LOCAL,
STATE AND FEDERAL REGULATIONS FOR NUCLEAR ENERGY GENERATION FACILITIES.
4. THE NUCLEAR PERMITTING COORDINATOR SHALL MAKE ANY ASSISTANCE
PROVIDED UNDER THIS SECTION EQUALLY AVAILABLE TO ALL BUSINESSES ENGAGED
IN THE NUCLEAR ENERGY PERMITTING AND REGULATORY PROCESSES.
5. THE NUCLEAR PERMITTING COORDINATOR SHALL DOCUMENT ALL ACTIVITIES
CARRIED OUT IN THE PROVISION OF ASSISTANCE UNDER THIS SECTION AND MAKE
THAT INFORMATION AVAILABLE TO THE PUBLIC UPON REQUEST.
§ 1349-E. NEW YORK ADVANCED NUCLEAR DEVELOPMENT FUND. 1. THE NEW YORK
ADVANCED NUCLEAR DEVELOPMENT FUND IS CREATED AS A DEDICATED ACCOUNT AND
THE DIRECTOR SHALL ADMINISTER SUCH GRANTS. THE FUND SHALL CONSIST OF
MONEYS:
(A) APPROPRIATED FROM THE LEGISLATURE; AND
(B) RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO THE ENVI-
RONMENTAL BOND ACT OF 2022 AVAILABLE FOR GREEN BUILDINGS PROJECTS PURSU-
ANT TO SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
2. THE OFFICE IS AUTHORIZED TO USE SUCH MONEY IN THE FUND TO:
(A) PROVIDE REIMBURSEMENT-BASED GRANTS TO ELIGIBLE BUSINESSES, NONPRO-
FIT ORGANIZATIONS, AND GOVERNMENTAL ENTITIES, INCLUDING INSTITUTIONS OF
HIGHER EDUCATION, THROUGH THE PROGRAMS ESTABLISHED IN THIS SECTION; AND
(B) PAY FOR REASONABLE AND NECESSARY COSTS FOR STAFF SUPPORT NECESSARY
TO FACILITATE THE WORK OF THE OFFICE.
3. THE OFFICE IS AUTHORIZED TO PROVIDE A GRANT UNDER THIS SECTION ONLY
TO REIMBURSE EXPENSES PAID BY A RECIPIENT USING THE RECIPIENT'S OWN
FUNDS. AN APPLICANT FOR A GRANT UNDER THIS TITLE MAY HAVE RECEIVED
FINANCIAL ASSISTANCE OR INCENTIVES FROM A LOCAL, STATE, OR FEDERAL
SOURCE, BUT THE OFFICE IS NOT AUTHORIZED TO PROVIDE A GRANT PURSUANT TO
THIS TITLE TO REIMBURSE EXPENSES PAID BY A RECIPIENT OR THE RECIPIENT'S
PROJECT PARTNER USING FINANCIAL ASSISTANCE OR INCENTIVES FROM THE LOCAL,
STATE, OR FEDERAL SOURCE. AN APPLICANT SHALL PROVIDE THE OFFICE WITH
DETAILED INFORMATION REGARDING ANY FINANCIAL ASSISTANCE OR INCENTIVES
REQUESTED OR RECEIVED FOR THE PROJECT FOR WHICH IT IS REQUESTING GRANT
FUNDS.
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4. BEFORE AWARDED A GRANT PURSUANT TO THIS SECTION, THE OFFICE SHALL
ENTER INTO A WRITTEN AGREEMENT WITH A GRANT RECIPIENT. SUCH WRITTEN
AGREEMENT SHALL:
(A) SPECIFY BENCHMARKS AND MILESTONES FOR THE COMPLETION OF A NUCLEAR
ENERGY PROJECT FOR WHICH THE GRANT WAS PROVIDED; AND
(B) REQUIRE THAT GRANT RECIPIENTS REPAY TO THE STATE MONEY RECEIVED
FROM SUCH GRANT IF THE RECIPIENT FAILS TO REACH SPECIFIED BENCHMARKS.
5. THE OFFICE WHEN DISBURSING GRANTS SHALL BE PROHIBITED FROM COMMIN-
GLING MONEYS FROM THE ENVIRONMENTAL BOND ACT OF 2022 AVAILABLE FOR GREEN
BUILDINGS PROJECTS AND MONEYS APPROPRIATED SPECIFICALLY FROM THE LEGIS-
LATURE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
§ 1349-F. DESCRIPTION OF ESTABLISHED GRANTS. 1. THE OFFICE SHALL
ESTABLISH CERTAIN GRANTS AND THE DIRECTOR OF THE OFFICE SHALL ADMINISTER
SUCH GRANTS. THE OFFICE MAY PROVIDE A REIMBURSEMENT GRANT FROM THE
EXISTING RESOURCES FROM THE NEW YORK STATE POWER AUTHORITY AND THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY UNDER THIS SECTION
FOR THE EXPENSES ASSOCIATED WITH OR REQUIRED FOR INITIAL DEVELOPMENT OF
AN ADVANCED NUCLEAR PROJECT IN THIS STATE. EXPENSES THAT QUALIFY FOR
REIMBURSEMENT UNDER THIS SECTION ARE DEFINED UNDER THE FOLLOWING AVAIL-
ABLE GRANTS:
(A) PROJECT DEVELOPMENT AND SUPPLY CHAIN REIMBURSEMENT WHICH SHALL
PROVIDE FOR THE EXPENSES ASSOCIATED WITH OR REQUIRED FOR INITIAL DEVEL-
OPMENT OF AN ADVANCED NUCLEAR PROJECT IN THE STATE. EXPENSES THAT QUALI-
FY FOR REIMBURSEMENT BY THIS GRANT ARE LIMITED TO:
(I) TECHNOLOGY DEVELOPMENT;
(II) FEASIBILITY STUDIES;
(III) SITE PLANNING, INCLUDING CONCEPTUAL SITE-SPECIFIC ENGINEERING
STUDIES;
(IV) FRONT-END ENGINEERING DESIGNS;
(V) SITE AND ENVIRONMENT INVESTIGATION;
(VI) REGULATORY COMMISSION FOR EARLY SITE PERMIT WORK;
(VII) PREPARING CONSTRUCTION PERMITS OR LICENSE APPLICATIONS TO REGU-
LATORY COMMISSIONS;
(VIII) DEVELOPING MANUFACTURING CAPACITY AND READINESS;
(IX) FUEL PROCESSING, MANUFACTURING AND FABRICATION ACTIVITIES ESSEN-
TIAL TO THE FUEL CYCLE SUPPLY;
(X) PREPARATION OF LOCAL, STATE AND NONREGULATORY COMMISSION FEDERAL
PERMITS; AND
(XI) REGULATORY COMMISSION LICENSING FEES; AND
(B) A SECURITY GRANT FOR THE COSTS ASSOCIATED WITH PROTECTING AND
GUARANTEEING THE SECURITY OF AN ADVANCED NUCLEAR POWER PROJECT BOTH
THROUGHOUT THE CONSTRUCTION PROCESS AND UPON COMPLETION. EXPENSES THAT
QUALIFY FOR REIMBURSEMENT BY THIS GRANT ARE LIMITED TO THE FUNDING FOR A
SECURITY PRESENCE ON AND AROUND THE PROPOSED SITE OF THE ADVANCED NUCLE-
AR REACTOR FOR THE ENTIRE DURATION OF THE CONSTRUCTION PROCESS.
2. THE OFFICE BY RULE SHALL ESTABLISH PROCEDURES FOR THE APPLICATION
FOR AND PROVISION OF A GRANT UNDER THIS SECTION.
3. THE OFFICE SHALL NOT PROVIDE A REIMBURSEMENT GRANT FOR A PROJECT
UNDER THIS SECTION UNTIL THE REGULATORY COMMISSION HAS DOCKETED A
CONSTRUCTION PERMIT OR LICENSE APPLICATION FOR THE PROJECT.
§ 1349-G. GRANT APPLICATION EVALUATION. THE OFFICE SHALL EVALUATE EACH
APPLICATION FOR A GRANT UNDER THIS SECTION BASED ON:
1. THE GRANT APPLICANT'S:
(A) QUALITY OF SERVICES AND MANAGEMENT;
(B) EFFICIENCY OF OPERATIONS;
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(C) ACCESS TO RESOURCES ESSENTIAL FOR OPERATING THE PROJECT FOR WHICH
THE GRANT IS REQUESTED, SUCH AS LAND, WATER, AND RELIABLE INFRASTRUC-
TURE, AS APPLICABLE;
(D) APPLICATION FOR OR DOCKETING OF A PERMIT OR LICENSE WITH THE REGU-
LATORY COMMISSION; AND
(E) ABILITY TO REPAY THE GRANT IF PROJECT BENCHMARKS ARE NOT MET; AND
2. A NUCLEAR ENERGY PROJECT'S POTENTIAL BENEFIT TO THIS STATE.
§ 2. Section 58-0701 of the environmental conservation law, as amended
by section 7 of part OO of chapter 58 of the laws of 2022, is amended to
read as follows:
§ 58-0701. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022, up to one billion five hundred
million dollars ($1,500,000,000) shall be made available for disburse-
ments for climate change mitigation projects developed pursuant to
section 58-0703 of this title. Not less than four hundred million
dollars ($400,000,000) of this amount shall be available for green
buildings projects, INCLUDING NUCLEAR ENERGY PROJECTS PURSUANT TO TITLE
THIRTEEN OF THE PUBLIC AUTHORITIES LAW, not less than one hundred
million dollars ($100,000,000) for climate adaptation and mitigation
projects pursuant to paragraph c of subdivision one of section 58-0703
of this title, not less than two hundred million dollars ($200,000,000)
shall be available for disbursement to reduce or eliminate water
pollution or air pollution affecting disadvantaged communities pursuant
to paragraphs f and g of subdivision one of section 58-0703 of this
title, and not less than five hundred million dollars ($500,000,000) for
costs associated with the purchase of or conversion to zero emission
school buses and supporting infrastructure as set forth in paragraph h
of subdivision one of section 58-0703 of this title.
§ 3. Subdivision 1 of section 58-0703 of the environmental conserva-
tion law, as amended by section 7 of part OO of chapter 58 of the laws
of 2022, is amended to read as follows:
1. Eligible climate change mitigation projects include, but are not
limited to:
a. costs associated with green building projects, projects that
increase energy efficiency or the use or siting of renewable energy on
state-owned buildings or properties including buildings owned by the
state university of the state of New York, city university of the state
of New York, community colleges, and public schools;
b. costs associated with projects that utilize natural and working
lands to sequester carbon and mitigate methane emissions from agricul-
tural sources, such as manure storage through cover and methane
reduction technologies;
c. costs associated with implementing climate adaptation and miti-
gation projects pursuant to section 54-1523 of this chapter;
d. costs associated with urban forestry projects such as forest and
habitat restoration, for purchase and planting of street trees and for
projects to expand the existing tree canopy and bolster community
health;
e. costs associated with projects that reduce urban heat island
effect, such as installation of green roofs, open space protection,
community gardens, cool pavement projects, projects that create or
upgrade community cooling centers, and the installation of reflective
roofs where installation of green roofs is not possible;
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f. costs associated with projects to reduce or eliminate air pollution
from stationary or mobile sources of air pollution affecting disadvan-
taged communities;
g. costs associated with projects which would reduce or eliminate
water pollution, whether from point or non-point discharges, affecting
disadvantaged communities; [and]
h. costs associated with the purchase or conversion to zero emission
school buses, including costs associated with the supporting infrastruc-
ture; AND
I. COSTS ASSOCIATED WITH GRANTS PROVIDED TO ASSIST IN THE DEVELOPMENT
OF NUCLEAR ENERGY IN THE STATE OF NEW YORK PURSUANT TO TITLE THIRTEEN OF
THE PUBLIC AUTHORITIES LAW.
§ 4. The state finance law is amended by adding a new section 97-n to
read as follows:
§ 97-N. NEW YORK ADVANCED NUCLEAR DEVELOPMENT FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK ADVANCED NUCLEAR DEVELOPMENT FUND".
2. MONEYS IN THE NEW YORK ADVANCED NUCLEAR DEVELOPMENT FUND, FOLLOWING
APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE
BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE
FROM APPROPRIATIONS FOR THE PURPOSE OF THE NEW YORK ADVANCED NUCLEAR
DEVELOPMENT FUND AS SET FORTH IN TITLE THIRTEEN OF THE PUBLIC AUTHORI-
TIES LAW.
§ 5. This act shall take effect September 1, 2026.