S 8458: Enacts the "nuclear energy deployment act"; directs the New York state energy research and development authority, in consultation with the public service commission and the department of environmental conservation, to promulgate rules and regulations to facilitate the construction and operation of advanced nuclear reactors and to review and evaluate certain existing regulations and regulatory actions taken concerning nuclear energy; directs the New York state energy research and development authority to create the position of nuclear energy coordinator; directs the New York state energy research and development authority to administer grants from the nuclear energy deployment fund; establishes the nuclear energy deployment fund.

  
  STATE OF NEW YORK ________________________________________________________________________ 8458 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "nuclear energy deployment act". 3 § 2. The public authorities law is amended by adding a new section 4 1885 to read as follows: 5 § 1885. Nuclear energy deployment. 1. It is the intent of the legisla- 6 ture that nuclear energy be a vital part of reliable clean energy gener- 7 ation. 8 2. For the purpose of this section, the following terms shall have the 9 following meanings: 10 (a) "Advanced nuclear reactor" means a range of proven and innovative 11 nuclear reactor technologies across two generations (Gen III+ and Gen 12 IV) and includes large light water reactors, small modular reactors, 13 microreactors, and nuclear cogeneration. 14 (b) "Advanced nuclear reactor project" means an electric generation 15 facility relying on an advanced nuclear reactor to generate power. 16 (c) "Applicant" means a person or an entity applying for a license, 17 permit, or other form of nuclear commission permission or approval under 18 10 CFR Part 50, 52, 53, 54 or 55. 19 (d) "Combined license" means a license issued by the nuclear commis- 20 sion that authorizes a licensee to construct and operate a nuclear power 21 facility, such as a nuclear plant at a specific site, with specified 22 conditions. 23 (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 1 (f) "Construction permit" means a permit issued by the nuclear commis- 2 sion for the construction of a nuclear production or utilization facili- 3 ty. 4 (g) "Department" means the department of environmental conservation. 5 (h) "Final investment decision" means the final decision of a company 6 to invest in a nuclear project. 7 (i) "Fund" means the nuclear energy deployment fund established pursu- 8 ant to section ninety-nine-tt of the state finance law. 9 (j) "Nuclear commission" means the United States nuclear regulatory 10 commission or its duly authorized representatives. 11 (k) "Operating license" means a license issued by the nuclear commis- 12 sion that allows a person to operate a nuclear power plant or reactor. 13 (l) "Person" means any individual, corporation, partnership, firm, 14 association, trust, estate, public or private institution, group, 15 government agency, or the United States department of energy to the 16 extent that its facilities are subject to the licensing and related 17 regulatory authority of the nuclear commission pursuant to section 202 18 of the Energy Reorganization Act of 1974, any state or any political 19 subdivision of, or any political entity within a state, any foreign 20 government or nation or any political subdivision of any such government 21 or nation, or other entity, and any legal successor, representative, 22 agent, or agency of the foregoing. 23 3. The authority, in consultation with the commission and the depart- 24 ment, shall promulgate rules and regulations to facilitate the 25 construction and operation of advanced nuclear reactors, for the purpose 26 of increasing the number of sources of nuclear energy in the state. The 27 authority, the commission, and the department shall review and evaluate 28 all existing regulations, and regulatory actions taken by the authority, 29 commission, or department, concerning nuclear energy for the purpose of 30 reducing the time it takes to obtain any permit and streamlining the 31 permitting process for the construction or operation of advanced nuclear 32 reactors. Such review and evaluation shall include but not be limited 33 to: 34 (a) identifying barriers to financial viability of nuclear energy 35 generation and regulatory and licensing complexities that increase risk 36 to developers of nuclear energy, and providing recommendations to the 37 governor and legislature regarding advanced nuclear energy and technolo- 38 gies; 39 (b) providing strategic leadership within the advanced nuclear reactor 40 system in this state; 41 (c) leveraging the expertise and capacity of institutions of higher 42 education, industry, and regulatory stakeholders to develop a comprehen- 43 sive strategic plan to ensure the development of advanced nuclear energy 44 and technologies in this state; and 45 (d) supporting the development of an advanced nuclear energy supply 46 chain in this state. 47 4. The authority shall create the position of nuclear energy coordina- 48 tor, who shall assist applicants and operators of advanced nuclear reac- 49 tors with the permitting and regulatory process. Any person employed in 50 the position of nuclear energy coordinator shall have demonstrated 51 expertise in nuclear energy and regulation relating thereto. The nuclear 52 energy coordinator shall: 53 (a) act as a single point of contact for stakeholders during the 54 nuclear energy permitting process; 55 (b) identify active or likely siting opportunities and required 56 permits and approvals for nuclear energy sites and key personnel; 
 S. 8458 3 1 (c) provide tailored assistance to help industry navigate relevant 2 local, state, and federal regulations and regulatory entities for nucle- 3 ar facilities; and 4 (d) share information regarding this state's economic incentive 5 programs for advanced nuclear reactor projects. 6 5. (a) The authority shall administer grants on a competitive basis 7 from the nuclear energy deployment fund established pursuant to section 8 ninety-nine-tt of the state finance law for the purpose of providing 9 applicants with incentives for the construction of advanced nuclear 10 reactors. Grants received by an applicant shall be repayable to the 11 authority and returned to the fund if an applicant fails to obtain an 12 operating license for an advanced nuclear reactor project. Grants shall 13 be made for the purpose of reimbursing expenses for the following: 14 (i) technology development, including university technology develop- 15 ment; 16 (ii) feasibility studies; 17 (iii) site-planning, including conceptual site-specific engineering 18 studies; 19 (iv) front-end engineering design, including interconnection costs 20 that would otherwise be borne by the project; 21 (v) site and environmental characterization; 22 (vi) nuclear commission early site permit work; 23 (vii) preparation of the construction permit or combined license 24 application to the nuclear commission; 25 (viii) advancing the expansion of current nuclear assets in the state; 26 (ix) developing manufacturing capacity and readiness; 27 (x) fuel fabrication activities essential to the fuel cycle supply; 28 and 29 (xi) qualifying expenses associated with: 30 (A) nuclear commission review of the construction permit or combined 31 license application; 32 (B) procurement of long lead components; and 33 (C) construction activities, including the manufacture, fabrication, 34 quality assurance, placement, erection, installation, modification, 35 inspection, or testing of an advanced nuclear reactor project. 36 (b) The authority shall not provide a grant until the applicant can 37 demonstrate that such applicant has filed its early site permit, 38 construction permit, or combined license application with the nuclear 39 commission. 40 (c) No applicant shall receive a grant of more than two hundred 41 million dollars, to be allocated as follows: 42 (i) thirty percent to the grant recipient after the construction 43 permit or combined license application is docketed at the nuclear 44 commission; and 45 (ii) seventy percent to the grant recipient after the final investment 46 decision for the project is made. 47 6. The authority, the commission, and the department shall promulgate 48 rules and regulations necessary to implement the provisions of this 49 section within one hundred eighty days of the effective date of this 50 section. 51 § 3. The state finance law is amended by adding a new section 99-tt to 52 read as follows: 53 § 99-tt. Nuclear energy deployment fund. 1. There is hereby estab- 54 lished in the joint custody of the comptroller and the chair of the 55 public service commission a special fund to be known as the "nuclear 56 energy deployment fund". 
 S. 8458 4 1 2. The nuclear energy deployment fund shall consist of moneys appro- 2 priated, credited or transferred thereto from the clean energy fund. 3 3. Moneys of the nuclear energy deployment fund shall be made avail- 4 able to the New York state energy research and development authority, on 5 the audit and warrant of the comptroller at the request of the nuclear 6 energy coordinator established pursuant to subdivision four of section 7 eighteen hundred eighty-five of the public authorities law, for the 8 purpose of administering grants pursuant to the provisions of subdivi- 9 sion five of section eighteen hundred eighty-five of the public authori- 10 ties law. 11 § 4. This act shall take effect immediately.