Pennsylvania HB 2017: An Act amending the act of July 10, 1984 (P.L.688, No.147), known as the Radiation Protection Act, in general provisions, further providing for definitions; and, in fees, providing for small modular reactor and microreactor fees and further providing for creation of special funds.

Bill Text

SENATE AMENDED
PRIOR PRINTER'S NO. 2556 PRINTER'S NO. 3686
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2017
Session of
2025
INTRODUCED BY GIRAL, FIEDLER, McANDREW, DAVIDSON, VENKAT,
PIELLI, NEILSON, FRANKEL, BOROWSKI, SANCHEZ, RIVERA,
K. HARRIS, MERSKI, SCOTT, CIRESI, BOYD, GILLEN, WAXMAN AND
MEHAFFIE, NOVEMBER 5, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 23, 2026
AN ACT
Amending the act of July 10, 1984 (P.L.688, No.147), entitled
"An act combining the radiation safety provisions of The
Atomic Energy Development and Radiation Control Act and the
Environmental Radiation Protection Act; empowering the
Department of Environmental Resources to implement a
comprehensive Statewide radiation protection program; further
providing for the power of the Environmental Quality Board
and for the duties of the Environmental Hearing Board;
expanding the authority of the department to regulate other
radiation sources; providing for radiation emergency
response; establishing requirements for transport of spent
reactor fuel; establishing fees; providing penalties; making
repeals; and authorizing and directing the Department of
Environmental Resources and the Governor to convey ownership
to the Carl A. White Acid Mine Drainage Treatment Plant,
situated in Washington Township, Indiana County,
Pennsylvania, to the County of Indiana, subject to a right of
reverter for stated conditions," in general provisions,
further providing for definitions; and, in fees, further
providing for nuclear facility and transport fees. PROVIDING
FOR SMALL MODULAR REACTOR AND MICROREACTOR FEES AND FURTHER
PROVIDING FOR CREATION OF SPECIAL FUNDS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of July 10, 1984 (P.L.688,
No.147), known as the Radiation Protection Act, is amended by
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adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Microreactor." An advanced nuclear reactor with a rated
nameplate capacity of 100 electrical megawatts or less that can
be constructed and operated in combination with similar reactors
at a single site.
* * *
"Small modular reactor." An advanced nuclear reactor with a
rated nameplate capacity of 400 electrical megawatts or less
that can be constructed and operated in combination with similar
reactors at a single site.
* * *
Section 2. Section 402 of the act is amended by adding a
subsection to read:
Section 402. Nuclear facility and transport fees.
* * *
(d.1) Small modular reactor and microreactor fees.--
(1) The department may, at the department's discretion,
lower the fee amounts under subsections (b.1)(1), (c)(1.1)(i)
and (i.1) for small modular reactor and microreactor sites
located within this Commonwealth. The fees shall be in an
amount sufficient to cover the department's costs of
administering the act regarding the activities conducted at
the sites, including environmental monitoring, end-of-life
decommissioning oversight and administrative oversight
associated with small modular reactor and microreactor
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activities under this act.
(2) Payments collected under this subsection shall be
deposited into the Radiation Protection Fund.
(3) The department may exempt small modular reactor or
microreactor sites from any fee required under this section
that is not applicable to the site's activities.
(4) Each person that holds a construction permit or
operating license from the NRC for a small modular reactor or
microreactor at a site within this Commonwealth shall be
subject to the regulations and orders issued under this act.
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 402.1. SMALL MODULAR REACTOR AND MICROREACTOR FEES.
(A) ANNUAL FEES.--A PERSON HOLDING A NUCLEAR POWER REACTOR
CONSTRUCTION PERMIT OR OPERATING LICENSE FROM THE NRC SHALL PAY
FEES TO COVER THE COSTS OF THE PROGRAMS UNDER THIS ACT.
(B) PAYMENT TO DEPARTMENT.--WITHIN 30 DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, AND EACH JULY 1 THEREAFTER, EACH PERSON
HOLDING A NUCLEAR POWER REACTOR CONSTRUCTION PERMIT OR OPERATING
LICENSE FROM THE NRC FOR A MICROREACTOR OR SMALL MODULAR REACTOR
ON A SITE IN THIS COMMONWEALTH SHALL PAY THE DEPARTMENT AN
AMOUNT DETERMINED BY THE DEPARTMENT TO BE SUFFICIENT TO COVER
THE DEPARTMENT'S COSTS OF ADMINISTERING THIS ACT, INCLUDING
ENVIRONMENTAL MONITORING, END-OF-LIFE DECOMMISSIONING OVERSIGHT
AND ADMINISTRATIVE OVERSIGHT ASSOCIATED WITH SMALL MODULAR
REACTOR AND MICROREACTOR ACTIVITIES. THE DEPARTMENT SHALL NOT
IMPOSE A FEE THAT IS LESS THAN $10,000 OR MORE THAN $50,000 PER
SITE, REGARDLESS OF THE NUMBER OF INDIVIDUAL SMALL MODULAR
REACTORS OR MICROREACTORS LOCATED AT