S683

An Act concerning the construction and operation of small modular reactors and supplementing P.L.1977, c.146 (C.52:27F-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Board" means the Board of Public Utilities.

"Department" means the Department of Environmental Protection.

"Small modular reactor" means a nuclear fission reactor that: (1) has a rated electric generating capacity of no more than 300 megawatts; (2) is capable of being constructed and operated either alone or in combination with one or more similar reactors if additional reactors are or become necessary at a single site; and (3) is required to be licensed by the United States Nuclear Regulatory Commission.

"Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.

2. a. Notwithstanding the provisions of section 13 of P.L.1977, c.146 (C.52:27F-15) or any other law, rule, or regulation to the contrary, the board, in consultation with the department, shall have the sole authority to provide State site approval for the construction of a small modular reactor.

b. The board may only provide site approval to a small modular reactor if the site is located in a municipality in which a nuclear energy facility has previously been constructed.

c. The board’s site approval pursuant to this section shall preempt and supersede all municipal and county ordinances, resolutions, and other decisions to the contrary.

d. The provisions of this section shall not be construed to exempt the construction or operation of a small modular reactor from the provisions of any other law, including, but not limited to, the provisions of the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and the rules and regulations adopted pursuant thereto, including the requirement for plan review by the Department of Community Affairs, municipal zoning or site approval requirements, the provisions of the "Radiation Protection Act," P.L.1958, c.116 (C.26:2D-1 et seq.) and the rules and regulations adopted pursuant thereto, including the requirement to submit a description of the facility and radiological monitoring plan to the department, air or water pollution control laws, or the provisions of the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.).

3. Notwithstanding the provisions of any law, rule, or regulation to the contrary, until the development of a national high-level radioactive waste repository pursuant to the federal "Nuclear Waste Policy Act of 1982," 42 U.S.C. s.10101 et seq., the operator of a small modular reactor may store any spent nuclear fuel created by the reactor in on-site, provided that the storage method is safe, conforms to standards established by the United States Nuclear Regulatory Commission, and will effectively remove danger to life and the environment from the radioactive waste material.

4. No later than one year after the effective date of this act, the board, in cooperation with the New Jersey Economic Development Authority, shall develop an incentive program to provide financial support for the construction of one or more small modular reactors in the State.

5. The board shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to implement this act. The rules and regulations shall include criteria for decommissioning, environmental monitoring, and emergency preparedness with respect to small modular reactors. The rules and regulations shall not be construed to supersede the authority of the United States Nuclear Regulatory Commission.

6. This act shall take effect immediately.

STATEMENT

This bill would provide that the Board of Public Utilities (BPU) is the sole State agency authorized to provide site approval for the construction of a small modular reactor (SMR) in the State. The bill would also authorize the operator of a small modular reactor to store any spent nuclear fuel generated by the reactor on-site.

As defined by the bill, "small modular reactor" means a nuclear fission reactor that: (1) has a rated electric generating capacity of no more than 300 megawatts; (2) is capable of being constructed and operated either alone or in combination with one or more similar reactors if additional reactors are or become necessary at a single site; and (3) is required to be licensed by the United States Nuclear Regulatory Commission.

Specifically, the bill would authorize the BPU to provide site approval to an SMR in consultation with the Department of Environmental Protection. The bill would authorize the BPU to approve a site for an SMR only if it is located in a municipality in which a nuclear energy facility has previously been constructed. The bill would provide that the BPU’s site approval would supersede any municipal or county decisions to the contrary. The bill would also require the BPU to develop, within one year after’s the bill’s enactment, an incentive program to provide financial incentives to support the construction of SMRs in the State.

The bill would provide that an SMR’s authorization to store spent nuclear fuel would last until the development of a national high-level radioactive waste repository pursuant to the federal "Nuclear Waste Policy Act of 1982." Under that law, the United States Department of Energy was directed to develop a permanent storage site for radioactive waste, but currently, a permanent storage site for radioactive waste has yet to be developed. As a result, spent nuclear fuel is most often stored at the site of the nuclear reactor.