Senate Bill S8458

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8458
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               July 16, 2025
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law and the state finance law, in
   relation to enacting the "nuclear energy deployment act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "nuclear energy deployment act".
   § 2. The public authorities law is amended by  adding  a  new  section
 1885 to read as follows:
   § 1885. NUCLEAR ENERGY DEPLOYMENT. 1. IT IS THE INTENT OF THE LEGISLA-
 TURE THAT NUCLEAR ENERGY BE A VITAL PART OF RELIABLE CLEAN ENERGY GENER-
 ATION.
   2. FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "ADVANCED NUCLEAR REACTOR" MEANS A RANGE OF PROVEN AND INNOVATIVE
 NUCLEAR REACTOR TECHNOLOGIES ACROSS TWO GENERATIONS (GEN  III+  AND  GEN
 IV)  AND  INCLUDES  LARGE  LIGHT WATER REACTORS, SMALL MODULAR REACTORS,
 MICROREACTORS, AND NUCLEAR COGENERATION.
   (B) "ADVANCED NUCLEAR REACTOR PROJECT" MEANS  AN  ELECTRIC  GENERATION
 FACILITY RELYING ON AN ADVANCED NUCLEAR REACTOR TO GENERATE POWER.
   (C)  "APPLICANT"  MEANS  A PERSON OR AN ENTITY APPLYING FOR A LICENSE,
 PERMIT, OR OTHER FORM OF NUCLEAR COMMISSION PERMISSION OR APPROVAL UNDER
 10 CFR PART 50, 52, 53, 54 OR 55.
   (D) "COMBINED LICENSE" MEANS A LICENSE ISSUED BY THE  NUCLEAR  COMMIS-
 SION THAT AUTHORIZES A LICENSEE TO CONSTRUCT AND OPERATE A NUCLEAR POWER
 FACILITY,  SUCH  AS  A  NUCLEAR PLANT AT A SPECIFIC SITE, WITH SPECIFIED
 CONDITIONS.
   (E) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13342-01-5
 S. 8458                             2
 
              

   (F) "CONSTRUCTION PERMIT" MEANS A PERMIT ISSUED BY THE NUCLEAR COMMIS-
 SION FOR THE CONSTRUCTION OF A NUCLEAR PRODUCTION OR UTILIZATION FACILI-
 TY.
   (G) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   (H)  "FINAL INVESTMENT DECISION" MEANS THE FINAL DECISION OF A COMPANY
 TO INVEST IN A NUCLEAR PROJECT.
   (I) "FUND" MEANS THE NUCLEAR ENERGY DEPLOYMENT FUND ESTABLISHED PURSU-
 ANT TO SECTION NINETY-NINE-TT OF THE STATE FINANCE LAW.
   (J) "NUCLEAR COMMISSION" MEANS THE UNITED  STATES  NUCLEAR  REGULATORY
 COMMISSION OR ITS DULY AUTHORIZED REPRESENTATIVES.
   (K)  "OPERATING LICENSE" MEANS A LICENSE ISSUED BY THE NUCLEAR COMMIS-
 SION THAT ALLOWS A PERSON TO OPERATE A NUCLEAR POWER PLANT OR REACTOR.
   (L) "PERSON" MEANS ANY  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,  FIRM,
 ASSOCIATION,  TRUST,  ESTATE,  PUBLIC  OR  PRIVATE  INSTITUTION,  GROUP,
 GOVERNMENT AGENCY, OR THE UNITED STATES  DEPARTMENT  OF  ENERGY  TO  THE
 EXTENT  THAT  ITS  FACILITIES  ARE  SUBJECT TO THE LICENSING AND RELATED
 REGULATORY AUTHORITY OF THE NUCLEAR COMMISSION PURSUANT TO  SECTION  202
 OF  THE  ENERGY  REORGANIZATION  ACT OF 1974, ANY STATE OR ANY POLITICAL
 SUBDIVISION OF, OR ANY POLITICAL ENTITY  WITHIN  A  STATE,  ANY  FOREIGN
 GOVERNMENT OR NATION OR ANY POLITICAL SUBDIVISION OF ANY SUCH GOVERNMENT
 OR  NATION,  OR  OTHER  ENTITY, AND ANY LEGAL SUCCESSOR, REPRESENTATIVE,
 AGENT, OR AGENCY OF THE FOREGOING.
   3. THE AUTHORITY, IN CONSULTATION WITH THE COMMISSION AND THE  DEPART-
 MENT,   SHALL   PROMULGATE  RULES  AND  REGULATIONS  TO  FACILITATE  THE
 CONSTRUCTION AND OPERATION OF ADVANCED NUCLEAR REACTORS, FOR THE PURPOSE
 OF INCREASING THE NUMBER OF SOURCES OF NUCLEAR ENERGY IN THE STATE.  THE
 AUTHORITY,  THE COMMISSION, AND THE DEPARTMENT SHALL REVIEW AND EVALUATE
 ALL EXISTING REGULATIONS, AND REGULATORY ACTIONS TAKEN BY THE AUTHORITY,
 COMMISSION, OR DEPARTMENT, CONCERNING NUCLEAR ENERGY FOR THE PURPOSE  OF
 REDUCING  THE  TIME  IT  TAKES TO OBTAIN ANY PERMIT AND STREAMLINING THE
 PERMITTING PROCESS FOR THE CONSTRUCTION OR OPERATION OF ADVANCED NUCLEAR
 REACTORS.  SUCH REVIEW AND EVALUATION SHALL INCLUDE BUT NOT  BE  LIMITED
 TO:
   (A)  IDENTIFYING  BARRIERS  TO  FINANCIAL  VIABILITY OF NUCLEAR ENERGY
 GENERATION AND REGULATORY AND LICENSING COMPLEXITIES THAT INCREASE  RISK
 TO  DEVELOPERS  OF  NUCLEAR ENERGY, AND PROVIDING RECOMMENDATIONS TO THE
 GOVERNOR AND LEGISLATURE REGARDING ADVANCED NUCLEAR ENERGY AND TECHNOLO-
 GIES;
   (B) PROVIDING STRATEGIC LEADERSHIP WITHIN THE ADVANCED NUCLEAR REACTOR
 SYSTEM IN THIS STATE;
   (C) LEVERAGING THE EXPERTISE AND CAPACITY OF  INSTITUTIONS  OF  HIGHER
 EDUCATION, INDUSTRY, AND REGULATORY STAKEHOLDERS TO DEVELOP A COMPREHEN-
 SIVE STRATEGIC PLAN TO ENSURE THE DEVELOPMENT OF ADVANCED NUCLEAR ENERGY
 AND TECHNOLOGIES IN THIS STATE; AND
   (D)  SUPPORTING  THE  DEVELOPMENT OF AN ADVANCED NUCLEAR ENERGY SUPPLY
 CHAIN IN THIS STATE.
   4. THE AUTHORITY SHALL CREATE THE POSITION OF NUCLEAR ENERGY COORDINA-
 TOR, WHO SHALL ASSIST APPLICANTS AND OPERATORS OF ADVANCED NUCLEAR REAC-
 TORS WITH THE PERMITTING AND REGULATORY PROCESS. ANY PERSON EMPLOYED  IN
 THE  POSITION  OF  NUCLEAR  ENERGY  COORDINATOR  SHALL HAVE DEMONSTRATED
 EXPERTISE IN NUCLEAR ENERGY AND REGULATION RELATING THERETO. THE NUCLEAR
 ENERGY COORDINATOR SHALL:
   (A) ACT AS A SINGLE POINT  OF  CONTACT  FOR  STAKEHOLDERS  DURING  THE
 NUCLEAR ENERGY PERMITTING PROCESS;
   (B)  IDENTIFY  ACTIVE  OR  LIKELY  SITING  OPPORTUNITIES  AND REQUIRED
 PERMITS AND APPROVALS FOR NUCLEAR ENERGY SITES AND KEY PERSONNEL;
 S. 8458                             3
 
   (C) PROVIDE TAILORED ASSISTANCE TO  HELP  INDUSTRY  NAVIGATE  RELEVANT
 LOCAL, STATE, AND FEDERAL REGULATIONS AND REGULATORY ENTITIES FOR NUCLE-
 AR FACILITIES; AND
   (D)  SHARE  INFORMATION  REGARDING  THIS  STATE'S  ECONOMIC  INCENTIVE
 PROGRAMS FOR ADVANCED NUCLEAR REACTOR PROJECTS.
   5. (A) THE AUTHORITY SHALL ADMINISTER GRANTS ON  A  COMPETITIVE  BASIS
 FROM  THE NUCLEAR ENERGY DEPLOYMENT FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-TT OF THE STATE FINANCE LAW FOR  THE  PURPOSE  OF  PROVIDING
 APPLICANTS  WITH  INCENTIVES  FOR  THE  CONSTRUCTION OF ADVANCED NUCLEAR
 REACTORS. GRANTS RECEIVED BY AN APPLICANT  SHALL  BE  REPAYABLE  TO  THE
 AUTHORITY  AND  RETURNED  TO THE FUND IF AN APPLICANT FAILS TO OBTAIN AN
 OPERATING LICENSE FOR AN ADVANCED NUCLEAR REACTOR PROJECT. GRANTS  SHALL
 BE MADE FOR THE PURPOSE OF REIMBURSING EXPENSES FOR THE FOLLOWING:
   (I)  TECHNOLOGY  DEVELOPMENT, INCLUDING UNIVERSITY TECHNOLOGY DEVELOP-
 MENT;
   (II) FEASIBILITY STUDIES;
   (III) SITE-PLANNING, INCLUDING  CONCEPTUAL  SITE-SPECIFIC  ENGINEERING
 STUDIES;
   (IV)  FRONT-END  ENGINEERING  DESIGN,  INCLUDING INTERCONNECTION COSTS
 THAT WOULD OTHERWISE BE BORNE BY THE PROJECT;
   (V) SITE AND ENVIRONMENTAL CHARACTERIZATION;
   (VI) NUCLEAR COMMISSION EARLY SITE PERMIT WORK;
   (VII) PREPARATION OF  THE  CONSTRUCTION  PERMIT  OR  COMBINED  LICENSE
 APPLICATION TO THE NUCLEAR COMMISSION;
   (VIII) ADVANCING THE EXPANSION OF CURRENT NUCLEAR ASSETS IN THE STATE;
   (IX) DEVELOPING MANUFACTURING CAPACITY AND READINESS;
   (X)  FUEL  FABRICATION  ACTIVITIES ESSENTIAL TO THE FUEL CYCLE SUPPLY;
 AND
   (XI) QUALIFYING EXPENSES ASSOCIATED WITH:
   (A) NUCLEAR COMMISSION REVIEW OF THE CONSTRUCTION PERMIT  OR  COMBINED
 LICENSE APPLICATION;
   (B) PROCUREMENT OF LONG LEAD COMPONENTS; AND
   (C)  CONSTRUCTION  ACTIVITIES, INCLUDING THE MANUFACTURE, FABRICATION,
 QUALITY  ASSURANCE,  PLACEMENT,  ERECTION,  INSTALLATION,  MODIFICATION,
 INSPECTION, OR TESTING OF AN ADVANCED NUCLEAR REACTOR PROJECT.
   (B)  THE  AUTHORITY  SHALL NOT PROVIDE A GRANT UNTIL THE APPLICANT CAN
 DEMONSTRATE THAT  SUCH  APPLICANT  HAS  FILED  ITS  EARLY  SITE  PERMIT,
 CONSTRUCTION  PERMIT,  OR  COMBINED LICENSE APPLICATION WITH THE NUCLEAR
 COMMISSION.
   (C) NO APPLICANT SHALL RECEIVE  A  GRANT  OF  MORE  THAN  TWO  HUNDRED
 MILLION DOLLARS, TO BE ALLOCATED AS FOLLOWS:
   (I)  THIRTY  PERCENT  TO  THE  GRANT  RECIPIENT AFTER THE CONSTRUCTION
 PERMIT OR COMBINED  LICENSE  APPLICATION  IS  DOCKETED  AT  THE  NUCLEAR
 COMMISSION; AND
   (II) SEVENTY PERCENT TO THE GRANT RECIPIENT AFTER THE FINAL INVESTMENT
 DECISION FOR THE PROJECT IS MADE.
   6.  THE AUTHORITY, THE COMMISSION, AND THE DEPARTMENT SHALL PROMULGATE
 RULES AND REGULATIONS NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
 SECTION  WITHIN  ONE  HUNDRED  EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION.
   § 3. The state finance law is amended by adding a new section 99-tt to
 read as follows:
   § 99-TT. NUCLEAR ENERGY DEPLOYMENT FUND. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED  IN  THE  JOINT  CUSTODY  OF THE COMPTROLLER AND THE CHAIR OF THE
 PUBLIC SERVICE COMMISSION A SPECIAL FUND TO BE  KNOWN  AS  THE  "NUCLEAR
 ENERGY DEPLOYMENT FUND".
 S. 8458                             4
 
   2.  THE  NUCLEAR ENERGY DEPLOYMENT FUND SHALL CONSIST OF MONEYS APPRO-
 PRIATED, CREDITED OR TRANSFERRED THERETO FROM THE CLEAN ENERGY FUND.
   3.  MONEYS  OF THE NUCLEAR ENERGY DEPLOYMENT FUND SHALL BE MADE AVAIL-
 ABLE TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ON
 THE AUDIT AND WARRANT OF THE COMPTROLLER AT THE REQUEST OF  THE  NUCLEAR
 ENERGY  COORDINATOR  ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
 EIGHTEEN HUNDRED EIGHTY-FIVE OF THE  PUBLIC  AUTHORITIES  LAW,  FOR  THE
 PURPOSE  OF  ADMINISTERING GRANTS PURSUANT TO THE PROVISIONS OF SUBDIVI-
 SION FIVE OF SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORI-
 TIES LAW.
   § 4. This act shall take effect immediately.