Summary of Original Version

Create a new section of KRS Chapter 164 to establish the Nuclear Reactor Site Readiness Pilot Program; define terms; require the Kentucky Nuclear Energy Development Authority (authority) to annually submit recommendations to the General Assembly for awarding grant funding to eligible applicants for up to 1/3 of the actual costs incurred in applying for and procuring an early site permit, construction permit, or combined operating license from the United States Nuclear Regulatory Commission, not to exceed $25,000,000; establish eligibility requirements and scoring criteria for applications; require the authority to make eligibility determinations and objectively score grant applications; require that applicants procure a surety bond or other similar security to guarantee the repayment of the grant amounts in the event of forfeiture for eligibility; provide for forfeiture and repayment of grant funding if certain permitting, licensure, or commencement of construction timelines are not met; establish the Kentucky nuclear reactor site readiness pilot program fund; create a new section of KRS Chapter 278 to allow a regulated utility to apply to the Public Service Commission for the recovery of costs not covered in its existing rates incurred in applying for and procuring an early site permit, construction permit, or combined operating license from the United States Nuclear Regulatory Commission; prohibit the recovery of costs for any amounts that have been offset by grant funding from the Nuclear Reactor Site Readiness Pilot Program; amend KRS 164.2802 to require 12 hours of nuclear-related training for new and existing at-large voting members of the Kentucky Nuclear Energy Development Authority; allow the director or the chair of the authority to waive the training requirement for any member who can demonstrate adequate knowledge of nuclear-related issues; require that the authority include its evaluations, scores, and funding recommendations for the Nuclear Reactor Site Readiness Pilot Program with its annual report to the Governor and the Legislative Research Commission; amend KRS 164.2803 to allow fusion-related nuclear energy projects to be eligible for grant funding from the Nuclear Energy Development Grant Program.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; add a definition for "affiliate" and amend the definitions for "combined operating license," "eligible applicant," and "utility"; provide that the grant cap of $25,000,000 is per project; provide that application materials submitted to the Kentucky Nuclear Energy Development Authority are confidential and not subject to disclosure under KRS 61.870 to 61.884; delete the prohibition on eligibility for applicants who have already received grant funding under the section; require that the community where the nuclear energy generating facility will be located apply for a nuclear-ready community designation prior to the grant application and be awarded the designation prior to the eligible applicant receiving grant funds; increase the deadline to 5 years for applying for a construction or combined operating license and allow the authority to extend the deadline in 1 year increments for good cause; reference the application of licenses that are part of frameworks adopted in federal regulations by the United States Nuclear Regulatory Commission; increase the deadline to 10 years for commencing construction of a nuclear energy generating facility once all necessary permits and licenses have been obtained and allow the authority to extend the deadline in 1 year increments for good cause; delete the language establishing the Kentucky nuclear reactor site pilot program fund; provide that the Public Service Commission may allow a utility to recover costs associated with procuring and maintaining the surety bond or other similar security required to receive grant funding; amend KRS 154.32-010 to allow nuclear energy development project to be eligible for economic development funding through the Kentucky Business Investment Program; beginning January 1, 2027, require the authority to provide 20 hours of nuclear-related training each year to its advisory board members; allow the authority to employ third-party consultants to assist with the discharge of its duties.

Summary of Amendment: Senate Committee Substitute 2

Summary Retain original provisions; add a definition for "affiliate" and amend the definitions for "combined operating license," "eligible applicant," and "utility"; provide that the grant cap of $25,000,000 is per project; provide that application materials submitted to the Kentucky Nuclear Energy Development Authority are confidential and not subject to disclosure under KRS 61.870 to 61.884; delete the prohibition on eligibility for applicants who have already received grant funding under the section; require that the community where the nuclear energy generating facility will be located apply for a nuclear-ready community designation prior to the grant application and be awarded the designation prior to the eligible applicant receiving grant funds; provide that grant funding shall be forfeited and repaid if the grant recipient has not applied for an early site permit within 1 year of receiving any grant funding under the section; increase the deadline to 5 years for applying for a construction or combined operating license and allow the authority to extend the deadline in 1 year increments for good cause; reference the application of licenses that are part of frameworks adopted in federal regulations by the United States Nuclear Regulatory Commission; increase the deadline to 10 years for commencing construction of a nuclear energy generating facility once all necessary permits and licenses have been obtained and allow the authority to extend the deadline in 1 year increments for good cause; delete the language establishing the Kentucky nuclear reactor site pilot program fund; amend KRS 154.32-010 to allow nuclear energy development project to be eligible for economic development funding through the Kentucky Business Investment Program; beginning January 1, 2027, require the authority to provide 20 hours of nuclear-related training each year to its advisory board members; allow the authority to employ third-party consultants to assist with the discharge of its duties.

Statutes affected:
Introduced: 164.2802, 164.2803
Senate Committee Substitute 1: 164.2802, 164.2803
Senate Committee Substitute 2: 164.2802, 164.2803
Current: 164.2802, 164.2803