Wyoming 2025 Regular Session

Wyoming House Bill HB0016 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-02531HB0016
4	4	HOUSE BILL NO. HB0016
5	5	Used nuclear fuel storage-amendments.
6	6	Sponsored by: Joint Minerals, Business & Economic
7	7	Development Interim Committee
8	8	A BILL
9	9	for
10	10	1 AN ACT relating to environmental quality; establishing
11	11	2 requirements and standards for the storage of used nuclear
12	12	3 fuel; amending siting requirements for used nuclear fuel
13	13	4 storage facilities; providing definitions; making
14	14	5 conforming amendments; repealing obsolete provisions;
15	15	6 requiring rulemaking; and providing for effective dates.
16	16	7
17	17	8
18	18	9
19	19	10. W.S. 35-11-2201 and 35-11-2202 are created
20	20	11 to read:
21	21	12
22	22	13 ARTICLE 22
23	23	14 USED NUCLEAR FUEL STORAGE
24	24	15 2025STATE OF WYOMING25LSO-02532HB00161
25	25	2
26	26	3 (a) As used in this article:
27	27	4
28	28	5 (i) "Consolidated interim storage facility"
29	29	6 means a facility that stores used nuclear fuel that is
30	30	7 reviewed for and receives any required specific licenses
31	31	8 from the United States nuclear regulatory commission under
32	32	9 title 10 of the Code of Federal Regulations, part 72;
33	33	10
34	34	11 (ii) "Dry cask storage" means the storage of
35	35	12 used nuclear fuel that has been cooled utilizing
36	36	13 containers, including any components and systems associated
37	37	14 with the containers, that use a realistic security, seismic
38	38	15 and flooding design basis for the storage of used nuclear
39	39	16 fuel;
40	40	17
41	41	18 (iii) "Independent used fuel storage
42	42	19 installation" means an independent spent fuel storage
43	43	20 installation as defined by title 10 of the Code of Federal
44	44	21 Regulations, part 72, section 3;
45	45	22 2025STATE OF WYOMING25LSO-02533HB00161 (iv) "Installation" means an independent used
46	46	2 fuel storage installation and a consolidated interim
47	47	3 storage facility;
48	48	4
49	49	5 (v) "Used nuclear fuel" means fuel that has been
50	50	6 withdrawn from a nuclear reactor following irradiation, the
51	51	7 constituent elements of which have not been separated by
52	52	8 reprocessing. "Used nuclear fuel" includes the special
53	53	9 nuclear material, byproduct material, source material and
54	54	10 other radioactive materials associated with fuel
55	55	11 assemblies.
56	56	12
57	57	13
58	58	14
59	59	15
60	60	16 (a) Any person undertaking the siting of an
61	61	17 installation shall do so in accordance with this article.
62	62	18
63	63	19 (b) Any person undertaking the siting of any
64	64	20 installation governed by this article shall submit an
65	65	21 application to the department before commencing
66	66	22 construction of the installation. The application shall
67	67	23 include: 2025STATE OF WYOMING25LSO-02534HB00161
68	68	2 (i) A copy of any application and other
69	69	3 materials submitted to the United States nuclear regulatory
70	70	4 commission;
71	71	5
72	72	6 (ii) A copy of any license granted to the
73	73	7 applicant for the installation from the United States
74	74	8 nuclear regulatory commission;
75	75	9
76	76	10 (iii) An acknowledgment in writing that the
77	77	11 installation will be temporary and will use dry cask
78	78	12 storage for the storage of only used nuclear fuel that
79	79	13 originates from a nuclear facility in the United States;
80	80	14
81	81	15 (iv) To the extent that the following
82	82	16 information is not submitted to the department under
83	83	17 paragraphs (i) or (ii) of this subsection, the following
84	84	18 information:
85	85	19
86	86	20 (A) The criteria upon which the proposed
87	87	21 installation site was chosen, and information showing how
88	88	22 the site meets the criteria of the nuclear regulatory
89	89	23 commission and the department; 2025STATE OF WYOMING25LSO-02535HB00161
90	90	2 (B) The technical feasibility of the
91	91	3 proposed storage equipment and technology;
92	92	4
93	93	5 (C) The environmental, social and economic
94	94	6 impact of the installation in the area of study;
95	95	7
96	96	8 (D) Conformance with the federal guidelines
97	97	9 for an installation.
98	98	10
99	99	11 (c) Upon receiving an application and the information
100	100	12 required under subsection (b) of this section, the
101	101	13 department, through the director, shall approve the
102	102	14 application for an installation:
103	103	15
104	104	16 (i) Upon satisfactory proof to the department
105	105	17 that the applicant has obtained a license for an
106	106	18 installation from the United States nuclear regulatory
107	107	19 commission and is otherwise in compliance with this
108	108	20 article;
109	109	21
110	110	22 (ii) That uses dry cask storage; and
111	111	23 2025STATE OF WYOMING25LSO-02536HB00161 (iii) That is temporary. The department shall
112	112	2 receive substantial assurances from the applicant that the
113	113	3 installation is temporary, including a license that is
114	114	4 time-limited from the United States nuclear regulatory
115	115	5 commission or other substantial assurances options
116	116	6 including a time frame for the movement of the used nuclear
117	117	7 fuel to be stored from the installation to a permanent
118	118	8 repository, delivery of the used nuclear fuel for
119	119	9 reprocessing or to a purchaser of used nuclear fuel for
120	120	10 reprocessing.
121	121	11
122	122	12 (d) Installations approved under this article are
123	123	13 exempt from the jurisdiction of the Industrial Development
124	124	14 Information and Siting Act.
125	125	15
126	126	16 (e) Not less than thirty (30) days before a person
127	127	17 commences construction on an installation, the person shall
128	128	18 submit a report to the department that includes:
129	129	19
130	130	20 (i) The number of jobs that will be created in
131	131	21 the planning, licensing, site analysis, preparation,
132	132	22 purchasing, construction, transportation, operation and 2025STATE OF WYOMING25LSO-02537HB0016
133	133	1 decommissioning of the installation and what number of
134	134	2 those jobs would be filled by Wyoming residents;
135	135	3
136	136	4 (ii) Local and state taxes that are estimated to
137	137	5 be generated by all aspects of the construction, operation
138	138	6 and decommissioning of the installation;
139	139	7
140	140	8 (iii) All benefits and impacts that will accrue
141	141	9 to the state and local community where the installation
142	142	10 will be located, including benefits from job training,
143	143	11 education, communications systems, monitoring and security
144	144	12 systems.
145	145	13
146	146	14 (f) The operator of each installation shall send to
147	147	15 the department copies of all publicly available reports,
148	148	16 notifications and violations sent to or from the United
149	149	17 States nuclear regulatory commission or the operator of the
150	150	18 installation as soon as practicable but not later than five
151	151	19 (5) days after the operator sends or receives the report.
152	152	20 The operator shall also transmit all information required
153	153	21 under this subsection to emergency management departments
154	154	22 of the local governments where the installation is located 2025STATE OF WYOMING25LSO-02538HB0016
155	155	1 and shall make the information available on a public
156	156	2 website.
157	157	3
158	158	4 (g) Upon receipt of an application under this
159	159	5 article, the director shall, as soon as possible, apply for
160	160	6 any funds that may be available to the state from the
161	161	7 federal interim storage fund, the federal nuclear waste
162	162	8 fund and any other funds that are or may become available
163	163	9 to the state under any federal or state program. Nothing in
164	164	10 this subsection shall be construed to authorize the siting,
165	165	11 construction or operation of any installation not otherwise
166	166	12 authorized under this article.
167	167	13
168	168	14 (h) Any used nuclear fuel in storage at an
169	169	15 installation shall remain the property of the generator of
170	170	16 the used nuclear fuel or the civilian nuclear power reactor
171	171	17 owner, until the used nuclear fuel is transferred to
172	172	18 permanent storage or until the United States or a federal
173	173	19 agency takes title to the used nuclear fuel under the
174	174	20 federal Nuclear Waste Policy Act or other applicable
175	175	21 federal law.
176	176	22 2025STATE OF WYOMING25LSO-02539HB00161 (j) This article shall be construed to avoid
177	177	2 duplication and to avoid interference with any of the
178	178	3 requirements of the United States nuclear regulatory
179	179	4 commission. Nothing in this article shall be deemed to
180	180	5 affect the authority of the United States nuclear
181	181	6 regulatory commission.
182	182	7
183	183	8
184	184	9 through (iii), 35-11-1506(c)(intro), (iv), (x) through
185	185	10 (xii) and (e)(i)(A) and 35-11-2101(b) and (d)(iv) are
186	186	11 amended to read:
187	187	12
188	188	13
189	189	14
190	190	15 (a) For the purpose of this act, unless the context
191	191	16 otherwise requires:
192	192	17
193	193	18 (xiii) "This act" means W.S. 35-11-101 through
194	194	19 35-11-403, 35-11-405, 35-11-406, 35-11-408 through
195	195	20 35-11-1106, 35-11-1414 through 35-11-1432, 35-11-1601
196	196	21 through 35-11-1613, 35-11-1701, 35-11-1801 through
197	197	22 35-11-1803, 35-11-2001 through 35-11-2004, ,
198	198	23 2025STATE OF WYOMING25LSO-025310HB00161
199	199	2
200	200	3
201	201	4 (a) As used in this article:
202	202	5
203	203	6 (i) "High-level radioactive waste" means as
204	204	7 defined in the "Nuclear Waste Policy Act of 1982" as
205	205	8 amended, 42 U.S.C. 10101 et seq.
206	206	9
207	207	10;
208	208	11
209	209	12 (ii) "High-level radioactive waste storage"
210	210	13 means the emplacement of high-level radioactive waste,
211	211	14
212	212	15 waste or fuel
213	213	16
214	214	17 (iii) "High-level radioactive waste storage
215	215	18 facility" includes any facility for high-level radioactive
216	216	19 waste storage, other than a permanent repository operated
217	217	20 by a federal agency pursuant to the Nuclear Waste Policy
218	218	21 Act of 1982, as amended. "High-level radioactive waste
219	219	22 2025STATE OF WYOMING25LSO-025311HB0016
220	220	1
221	221	2
222	222	3
223	223	4
224	224	5
225	225	6
226	226	7
227	227	8 (c) With permission of the governor and the
228	228	9 management council, an applicant for
229	229	10 retrievable storage facility
230	230	11
231	231	12 nonbinding feasibility agreement and study with the
232	232	13 director which shall be submitted to and reviewed by the
233	233	14 director, governor and the management council. The public
234	234	15 shall be afforded a thirty (30) day public comment
235	235	16 opportunity to review the feasibility agreement prior to
236	236	17 its submission to the governor and the management council.
237	237	18 The purposes of this feasibility agreement and study are to
238	238	19 allow the state to make a preliminary determination,
239	239	20 whether, on the basis of the feasibility agreement and
240	240	21 study, the proposed benefits substantially outweigh any
241	241	22 adverse effects and to allow an applicant based on the
242	242	23 state's preliminary review of any proposed benefit to 2025STATE OF WYOMING25LSO-025312HB0016
243	243	1 determine whether or not a prudent investor, planner,
244	244	2 builder and operator would decide to proceed with an
245	245	3 application. Upon entering into a feasibility agreement,
246	246	4 the applicant shall pay to the state a fee of eighty
247	247	5 thousand dollars ($80,000.00). Effective July 1, 2018, and
248	248	6 annually thereafter, the fee shall be adjusted for
249	249	7 inflation by the department using the consumer price index
250	250	8 or its successor index of the United States department of
251	251	9 labor, bureau of labor statistics, for the calendar year
252	252	10 immediately preceding the date of adjustment. The fee shall
253	253	11 be used by the department for costs attendant to the
254	254	12 preliminary agreement. Excess funds collected may be used
255	255	13 by the department to review an application submitted under
256	256	14 W.S. 35-11-1502. Appropriate time shall be afforded the
257	257	15 director, the governor, the management council and the
258	258	16 applicant to prepare and to evaluate the preliminary
259	259	17 agreement and study, but neither the state nor the
260	260	18 applicant shall unnecessarily delay the feasibility
261	261	19 agreement and study. The preliminary feasibility agreement
262	262	20 and study shall not supersede nor replace other
263	263	21 requirements under this act. This agreement and study shall
264	264	22 set forth the following:
265	265	23 2025STATE OF WYOMING25LSO-025313HB00161 (iv) The preliminary design plan and technical
266	266	2 feasibility of the planned temporary
267	267	3 storage facility;
268	268	4
269	269	5 (x) Substantial assurances that the facility is
270	270	6 temporary, including options for that assurance including a
271	271	7 time frame for the movement of the temporarily stored
272	272	8 to a permanent
273	273	9 repository, delivery of the
274	274	10 to reprocessing centers or to a
275	275	11 purchaser, domestic or foreign, buying the for
276	276	12 future reprocessing;
277	277	13
278	278	14 (xi) A range of benefits the nearby communities
279	279	15 and the state might expect in return for temporarily
280	280	16 storing the
281	281	17 best estimate of when the benefits might begin to be
282	282	18 received by the nearby communities and state;
283	283	19
284	284	20 (xii) A mutual review, by the state and
285	285	21 applicant, of a range of taxes the state might reasonably
286	286	22 impose on the facility and the
287	287	23 while 2025STATE OF WYOMING25LSO-025314HB0016
288	288	1 including the annual acceptance taxes to be levied,
289	289	2 kilograms of
290	290	3 stored at the Wyoming
291	291	4 facility;
292	292	5
293	293	6 (e) The legislature hereby authorizes the siting of
294	294	7 temporary high-level radioactive waste storage facilities
295	295	8 within this state subject to the following:
296	296	9
297	297	10 (i) A facility is authorized if:
298	298	11
299	299	12 (A) It is operated on the site of and to
300	300	13 store the high-level radioactive waste
301	301	14
302	302	15 operating within the state;
303	303	16
304	304	17
305	305	18
306	306	19 (b) Any person operating an advanced nuclear reactor
307	307	20 in the state of Wyoming in accordance with this section
308	308	21 shall not store nuclear fuel or high-level
309	309	22 radioactive waste from the advanced nuclear reactor on the
310	310	23 site of the advanced nuclear reactor without first meeting 2025STATE OF WYOMING25LSO-025315HB0016
311	311	1 all of the requirements of the United States Nuclear
312	312	2 Regulatory Commission.
313	313	3
314	314	4 (d) As used in this section:
315	315	5
316	316	6 (iv) "Spent nuclear fuel" means as defined
317	317	7 in W.S. 35-11-1501(a)(iv) .
318	318	8
319	319	9W.S. 35-11-1501(a)(iv) is repealed.
320	320	10
321	321	11The environmental quality council, upon
322	322	12 recommendation from the department of environmental
323	323	13 quality, shall promulgate all rules necessary to implement
324	324	14 this act.
325	325	15 2025STATE OF WYOMING25LSO-025316HB00161
326	326	2
327	327	3 (a) Except as provided in subsection (b) of this
328	328	4 section, this act is effective July 1, 2025.
329	329	5
330	330	6 (b) Sections 4 and 5 of this act are effective
331	331	7 immediately upon completion of all acts necessary for a
332	332	8 bill to become law as provided by Article 4, Section 8 of
333	333	9 the Wyoming Constitution.
334	334	10
335	335	11 (END)