HB 2017

                            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
1 Amending the act of July 10, 1984 (P.L.688, No.147), entitled
2    "An act combining the radiation safety provisions of The
3    Atomic Energy Development and Radiation Control Act and the
4    Environmental Radiation Protection Act; empowering the
5    Department of Environmental Resources to implement a
6    comprehensive Statewide radiation protection program; further
7    providing for the power of the Environmental Quality Board
8    and for the duties of the Environmental Hearing Board;
9    expanding the authority of the department to regulate other
10    radiation sources; providing for radiation emergency
11    response; establishing requirements for transport of spent
12    reactor fuel; establishing fees; providing penalties; making
13    repeals; and authorizing and directing the Department of
14    Environmental Resources and the Governor to convey ownership
15    to the Carl A. White Acid Mine Drainage Treatment Plant,
16    situated in Washington Township, Indiana County,
17    Pennsylvania, to the County of Indiana, subject to a right of
18    reverter for stated conditions," in general provisions,
19    further providing for definitions; and, in fees, further      <--
20    providing for nuclear facility and transport fees. PROVIDING <--
21    FOR SMALL MODULAR REACTOR AND MICROREACTOR FEES AND FURTHER
22    PROVIDING FOR CREATION OF SPECIAL FUNDS.
23    The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25    Section 1.    Section 103 of the act of July 10, 1984 (P.L.688,
26 No.147), known as the Radiation Protection Act, is amended by
1 adding definitions to read:
2 Section 103.    Definitions.
3    The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6    * * *
7    "Microreactor."    An advanced nuclear reactor with a rated
8 nameplate capacity of 100 electrical megawatts or less that can
9 be constructed and operated in combination with similar reactors
10 at a single site.
11    * * *
12    "Small modular reactor."    An advanced nuclear reactor with a
13 rated nameplate capacity of 400 electrical megawatts or less
14 that can be constructed and operated in combination with similar
15 reactors at a single site.
16    * * *
17    Section 2.    Section 402 of the act is amended by adding a       <--
18 subsection to read:
19 Section 402.    Nuclear facility and transport fees.
20    * * *
21    (d.1)   Small modular reactor and microreactor fees.--
22(1)     The department may, at the department's discretion,
23    lower the fee amounts under subsections (b.1)(1), (c)(1.1)(i)
24    and (i.1) for small modular reactor and microreactor sites
25    located within this Commonwealth. The fees shall be in an
26    amount sufficient to cover the department's costs of
27    administering the act regarding the activities conducted at
28    the sites, including environmental monitoring, end-of-life
29    decommissioning oversight and administrative oversight
30    associated with small modular reactor and microreactor
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1    activities under this act.
2(2)   Payments collected under this subsection shall be
3    deposited into the Radiation Protection Fund.
4(3)   The department may exempt small modular reactor or
5    microreactor sites from any fee required under this section
6    that is not applicable to the site's activities.
7(4)   Each person that holds a construction permit or
8    operating license from the NRC for a small modular reactor or
9    microreactor at a site within this Commonwealth shall be
10    subject to the regulations and orders issued under this act.
11    * * *
12    SECTION 2.    THE ACT IS AMENDED BY ADDING A SECTION TO READ:    <--
13 SECTION 402.1.    SMALL MODULAR REACTOR AND MICROREACTOR FEES.
14    (A)   ANNUAL FEES.--A PERSON HOLDING A NUCLEAR POWER REACTOR
15 CONSTRUCTION PERMIT OR OPERATING LICENSE FROM THE NRC SHALL PAY
16 FEES TO COVER THE COSTS OF THE PROGRAMS UNDER THIS ACT.
17    (B)   PAYMENT TO DEPARTMENT.--WITHIN 30 DAYS OF THE EFFECTIVE
18 DATE OF THIS SECTION, AND EACH JULY 1 THEREAFTER, EACH PERSON
19 HOLDING A NUCLEAR POWER REACTOR CONSTRUCTION PERMIT OR OPERATING
20 LICENSE FROM THE NRC FOR A MICROREACTOR OR SMALL MODULAR REACTOR
21 ON A SITE IN THIS COMMONWEALTH SHALL PAY THE DEPARTMENT AN
22 AMOUNT DETERMINED BY THE DEPARTMENT TO BE SUFFICIENT TO COVER
23 THE DEPARTMENT'S COSTS OF ADMINISTERING THIS ACT, INCLUDING
24 ENVIRONMENTAL MONITORING, END-OF-LIFE DECOMMISSIONING OVERSIGHT
25 AND ADMINISTRATIVE OVERSIGHT ASSOCIATED WITH SMALL MODULAR
26 REACTOR AND MICROREACTOR ACTIVITIES. THE DEPARTMENT SHALL NOT
27 IMPOSE A FEE THAT IS LESS THAN $10,000 OR MORE THAN $50,000 PER
28 SITE, REGARDLESS OF THE NUMBER OF INDIVIDUAL SMALL MODULAR
29 REACTORS OR MICROREACTORS LOCATED AT THE SITE.
30    (C)   PAYMENT TO AGENCY.--WITHIN 30 DAYS OF THE EFFECTIVE DATE
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1 OF THIS SECTION, AND EACH JULY 1 THEREAFTER, EACH PERSON HOLDING
2 A NUCLEAR POWER REACTOR CONSTRUCTION PERMIT OR OPERATING LICENSE
3 FROM THE NRC FOR A MICROREACTOR OR SMALL MODULAR REACTOR ON A
4 SITE IN THIS COMMONWEALTH SHALL PAY THE AGENCY THE FOLLOWING
5 FEES, REGARDLESS OF THE NUMBER OF INDIVIDUAL SMALL MODULAR
6 REACTORS OR MICROREACTORS LOCATED AT THE SITE:
7(1)   AN AMOUNT NOT LESS THAN $10,000 OR MORE THAN
8    $50,000, AS DETERMINED BY THE AGENCY, TO BE COLLECTED AND
9    USED BY THE AGENCY IN ACCORDANCE WITH THE PROVISIONS OF 35
10    PA.C.S. § 7320 (RELATING TO RADIOLOGICAL EMERGENCY RESPONSE
11    PREPAREDNESS, PLANNING AND RECOVERY PROGRAM).
12(2)   AN AMOUNT NOT LESS THAN $10,000 OR MORE THAN
13    $50,000, AS DETERMINED BY THE AGENCY, TO BE COLLECTED AND
14    USED BY THE AGENCY FOR RADIOLOGICAL EMERGENCY RESPONSE
15    EQUIPMENT, PLANNING, TRAINING AND EXERCISE COSTS INVOLVING
16    NONAGENCY PERSONNEL.
17    (D)   DEPOSIT.--PAYMENTS COLLECTED BY THE AGENCY UNDER
18 SUBSECTION (C)(1) SHALL BE DEPOSITED INTO THE RADIOLOGICAL
19 EMERGENCY RESPONSE PLANNING AND PREPAREDNESS PROGRAM FUND
20 ESTABLISHED UNDER 35 PA.C.S. § 7320(C). PAYMENTS COLLECTED BY
21 THE AGENCY UNDER SUBSECTION (C)(2) SHALL BE DEPOSITED INTO THE
22 RADIATION EMERGENCY RESPONSE FUND ESTABLISHED UNDER SECTION
23 403(B). PAYMENTS COLLECTED BY THE DEPARTMENT UNDER SUBSECTION
24 (B) SHALL BE DEPOSITED INTO THE RADIATION PROTECTION FUND
25 ESTABLISHED UNDER SECTION 403(A).
26    (E)   FEE REVIEW.--BEGINNING IN 2030 AND EVERY THREE YEARS
27 THEREAFTER, THE DEPARTMENT AND THE AGENCY SHALL EACH REVIEW THE
28 FEES PAID TO THE DEPARTMENT AND AGENCY. IF THE DEPARTMENT OR
29 AGENCY DETERMINES A CHANGE IN THE AMOUNT OF FEES IS NECESSARY TO
30 COVER THE COSTS OF ADMINISTERING THE PROGRAMS UNDER THIS ACT,
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1 THE ENVIRONMENTAL QUALITY BOARD OR AGENCY SHALL PROMULGATE
2 REGULATIONS REQUIRED TO SET NEW FEE AMOUNTS IN AN AMOUNT AT
3 LEAST SUFFICIENT TO COVER THE DEPARTMENT OR AGENCY COSTS TO
4 ADMINISTER THE PROGRAMS.
5      SECTION 3.    SECTION 403 OF THE ACT IS AMENDED TO READ:
6 SECTION 403.      CREATION OF SPECIAL FUNDS.
7      (A)   RADIATION PROTECTION FUND.--THERE IS HEREBY CREATED IN
8 THE GENERAL FUND A RESTRICTED ACCOUNT TO BE KNOWN AS THE
9 RADIATION PROTECTION FUND. FEES AND PENALTIES RECEIVED UNDER
10 SECTIONS 401 [AND], 402(B.1)(1), (2), (3) AND (4) AND 402.1(B)
11 AND COSTS RECOVERED UNDER SECTION 402(B.2) SHALL BE DEPOSITED IN
12 [THIS] THE FUND AND ARE HEREBY APPROPRIATED TO THE DEPARTMENT
13 FOR THE PURPOSE OF CARRYING OUT ITS POWERS AND DUTIES UNDER THIS
14 ACT.
15      (B)   RADIATION EMERGENCY RESPONSE FUND.--THERE IS HEREBY
16 CREATED IN THE GENERAL FUND A RESTRICTED ACCOUNT TO BE KNOWN AS
17 THE RADIATION EMERGENCY RESPONSE FUND. FEES RECEIVED UNDER
18 [SECTION] SECTIONS 402(C)(1.1)(I)(B), (2) AND (3) AND 402.1(C)
19 (2) SHALL BE DEPOSITED IN [THIS] THE FUND AS PROVIDED AND ARE
20 HEREBY APPROPRIATED TO THE AGENCY FOR THE PURPOSE OF CARRYING
21 OUT ITS RESPONSIBILITIES UNDER CHAPTER 5.
22      (C)   RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND.--THERE
23 IS HEREBY CREATED IN THE GENERAL FUND A RESTRICTED ACCOUNT TO BE
24 KNOWN AS THE RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND.
25 FEES RECEIVED UNDER SECTION 402(C)(4) SHALL BE DEPOSITED IN
26 [THIS] THE FUND AND ARE HEREBY APPROPRIATED TO THE AGENCY FOR
27 THE PURPOSE OF CARRYING OUT ITS RESPONSIBILITIES UNDER CHAPTER
28 6.
29      Section 3 4.    This act shall take effect in 60 days.  <--
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