[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10227 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10227
To direct the Secretary of Energy to establish a program for the
interim storage of high-level radioactive waste and spent nuclear fuel,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2024
Ms. Matsui (for herself and Mr. Levin) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish a program for the
interim storage of high-level radioactive waste and spent nuclear fuel,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Storage and Transportation Of
Residual and Excess Nuclear Fuel Act of 2024'', or the ``STORE Nuclear
Fuel Act of 2024''.
SEC. 2. INTERIM STORAGE.
(a) In General.--Title I of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10121 et seq.) is amended by adding at the end the
following:
``Subtitle I--Interim Storage
``SEC. 190. DEFINITIONS.
``In this subtitle:
``(1) Contract holder.--The term `contract holder' means
any person who--
``(A) generates or holds title to spent nuclear
fuel and high-level radioactive waste generated at a
civilian nuclear power reactor; and
``(B) has entered into a contract for the disposal
of spent nuclear fuel and high-level radioactive waste
under section 302(a).
``(2) Emergency delivery.--
``(A) In general.--The term `emergency delivery'
means spent nuclear fuel and high-level radioactive
waste accepted by the Secretary for storage prior to
the date provided in the contractual delivery
commitment schedule of the standard contract for
disposal of spent nuclear fuel and radioactive waste
pursuant to section 302(a).
``(B) Inclusion.--The term `emergency delivery' may
include, at the discretion of the Secretary, spent
nuclear fuel and high-level radioactive waste generated
by an atomic energy defense activity that is required
to be removed from a Department of Energy facility--
``(i) pursuant to a compliance agreement;
or
``(ii) to eliminate an imminent and serious
threat to the health and safety of the public
or the common defense and security.
``(3) Priority waste.--The term `priority waste' means--
``(A) any emergency delivery; and
``(B) spent nuclear fuel or high-level radioactive
waste from a civilian nuclear power reactor that has
been permanently shut down.
``(4) Storage facility.--The term `storage facility' means
a facility for the consolidated storage of spent nuclear fuel
and high-level radioactive waste from multiple contract holders
or the Secretary pending the disposal of the spent nuclear fuel
and high-level radioactive waste in a repository.
``SEC. 191. PROGRAM FOR STORAGE FACILITIES.
``(a) Establishment of Program.--The Secretary shall establish a
program under which the Secretary may--
``(1) site, construct, and operate one or more storage
facilities licensed by the Commission under the Atomic Energy
Act of 1954; and
``(2) store, pursuant to a storage contract, high-level
radioactive waste or spent nuclear fuel at a storage facility
for which a non-Federal entity holds a license issued by the
Commission under such Act.
``(b) Interim Storage Agreements Authorized.--
``(1) In general.--The Secretary may enter into an
agreement with any contract holder for acceptance of title
pursuant to section 302(a), subsequent transportation, and
interim storage of high-level radioactive waste or spent
nuclear fuel (including to expedite such acceptance of title,
transportation, and storage of such waste or spent fuel from
facilities that have ceased commercial operation) at a storage
facility under this section.
``(2) Priority waste.--In entering into agreements under
paragraph (1), the Secretary shall prioritize acceptance of
priority waste.
``(c) Request for Proposals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subtitle, the Secretary shall issue a
request for proposals for storage authorized under subsection
(a).
``(2) Guidelines.--
``(A) In general.--The request for proposals under
paragraph (1) shall include general guidelines for
storage facilities consistent with each requirement of
section 112(a) that the Secretary determines to be
applicable to storage under this section.
``(B) Revisions.--The Secretary may revise the
general guidelines as necessary, consistent with this
section.
``(d) Review of Proposals.--The Secretary shall review each
proposal submitted pursuant to subsection (c) to evaluate--
``(1) the extent to which the applicable States, affected
units of local government, and affected Indian tribes support
the proposal;
``(2) the likelihood that the proposed site for the storage
facility is suitable for site evaluation under the guidelines
included under subsection (c)(2);
``(3) a reasonable comparative evaluation of the proposed
site and other proposed sites;
``(4) the extent to which spent nuclear fuel and high-level
radioactive waste are, or are planned to be, stored or disposed
of within the State;
``(5) the extent to which the proposal would--
``(A) enhance the reliability and flexibility of
the system for the disposal of spent nuclear fuel and
high-level radioactive waste, including co-location
with a proposed repository; and
``(B) minimize the effects on the public of
transportation and handling of spent nuclear fuel and
high-level radioactive waste;
``(6) potential conflicts with--
``(A) any compliance agreement requiring removal of
spent nuclear fuel and high-level radioactive waste
from a site; or
``(B) a statutory prohibition on the storage or
disposal of spent nuclear fuel and high-level
radioactive waste at a site; and
``(7) any other criteria, including criteria relating to
technical or safety specifications, that the Secretary
determines to be appropriate.
``(e) Site Selection.--
``(1) Determination of suitability.--After conducting a
review under subsection (d) and any additional site
investigation that the Secretary determines to be appropriate,
the Secretary shall determine whether a site is suitable for
site evaluation under the guidelines included under subsection
(c)(2).
``(2) Selection of site for evaluation.--From the sites
determined to be suitable for site evaluation under paragraph
(1), the Secretary shall select at least 1 site for site
evaluation, giving priority to sites that have been proposed to
be co-located with a repository, after--
``(A) holding a public hearing in the vicinity of
each site; and
``(B) notifying Congress.
``(3) Cooperative agreement.--On selection of a site for
evaluation under paragraph (2), the Secretary may enter into a
cooperative agreement with the State, affected units of local
government, and affected Indian tribes, as applicable, that
includes--
``(A) terms of financial and technical assistance
to enable each applicable unit of government to
monitor, review, evaluate, comment on, obtain
information on, make recommendations on, and mitigate
any effects from, site evaluation activities; and
``(B) any other term that the Secretary determines
to be appropriate.
``(4) Consent-based approval.--
``(A) In general.--If the Secretary determines,
based on site evaluation under this subsection, that a
site is suitable for developing a storage facility, the
Secretary may select the site for developing such a
facility if the Secretary enters into a consent
agreement with--
``(i) the State in which the site is
proposed to be located;
``(ii) each affected unit of local
government; and
``(iii) any affected Indian tribe.
``(B) Binding effect.--A consent agreement entered
into under subparagraph (A)--
``(i) shall be binding on the parties; and
``(ii) shall not be amended or revoked
except by mutual agreement of the parties.''.
(b) Conforming Amendment.--The table of contents for the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 note) is amended by adding
after the item relating to section 180 the following:
``SUBTITLE I--INTERIM STORAGE
``Sec. 190. Definitions.
``Sec. 191. Program for storage facilities.''.
SEC. 3. LIMITATION ON COLLECTION OF FEES.
Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(a)(4)) is amended--
(1) in the first sentence, by striking ``(4) Not later
than'' and inserting the following:
``(4) Collection and payment of fees.--
``(A) In general.--Not later than''; and
(2) by adding at the end the following:
``(B) Limitation on collection.--The Secretary may
not collect a fee established under paragraph (2),
including a fee established under paragraph (2) and
adjusted pursuant to subparagraph (A), until the date
on which the Commission issues a final decision
approving or disapproving the issuance of a
construction authorization for a repository under
section 114(d).''.
SEC. 4. FUNDING.
Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(d)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (6) the following:
``(7) carrying out subtitle I of title I, other than
consent agreements under section 191(e)(4), except that the
Secretary may not expend for such purpose in a fiscal year
amounts totaling more than 25 percent of the interest generated
by the Fund in such fiscal year; and
``(8) consent agreements under section 191(e)(4).''.
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