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S. 3441IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 3441

Grant programs to support the activities of community advisory boards

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(a) Definitions In this section: (1) Community advisory board The term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between— (A) a licensee planning for and involved in decommissioning activities; and (B) members of a community that may be affected by the decommissioning activities of that licensee. (2) Commission The term Commission means the Nuclear Regulatory Commission. (3) Decommission The term decommission has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (4) Licensee The term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (5) Small, rural, or disadvantaged community The term small, rural, or disadvantaged community means an area that— (A) has a population of fewer than 50,000 individuals; or (B) is disadvantaged with respect to geographic, socioeconomic, public health, or environmental hazard criteria, as determined by the Commission. (b) Short-Term grant program (1) Definition of eligible entity In this subsection, the term eligible entity means— (A) a State in which a civilian nuclear power plant or nuclear power generation unit, as determined by the Commission, is decommissioned or is in the process of being decommissioned during the 3-year period beginning on the date of enactment of this Act; and (B) an Indian Tribe the land of which contains a civilian nuclear power plant or nuclear power generation unit, as determined by the Commission, that is decommissioned or is in the process of being decommissioned during the 3-year period beginning on the date of enactment of this Act. (2) Establishment Not later than 180 days after the date of enactment of this Act, the Commission shall establish a grant program under which the Commission shall award grants to eligible entities to support the activities of community advisory boards. (3) Applications An eligible entity desiring a grant under this subsection shall submit to the Commission an application at such time, in such manner, and containing such information as the Commission may require. (4) Use of funds (A) Awarding of subgrants An eligible entity shall use a grant awarded under this subsection to make subgrants to community advisory boards for use in accordance with subparagraph (B). (B) Use of subgrants A community advisory board may use a subgrant awarded under subparagraph (A)— (i) to hire or consult with experts; (ii) for administrative costs; (iii) to cover travel expenses; (iv) for website and social media maintenance; (v) for the preparation of annual reports and other communications; (vi) to contract for services; (vii) to reimburse volunteers; and (viii) to cover other reasonable and necessary expenses of the community advisory board, as determined to be appropriate by the Commission. (5) Distribution of funds The Commission shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection. (6) Requirement In carrying out this subsection, the Commission, to the maximum extent practicable, shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants. (7) Cost sharing Notwithstanding any other provision of law, with respect to a subgrant awarded under this subsection, neither the Commission nor an eligible entity may impose a cost-sharing requirement on a community advisory board with respect to— (A) any activity that is carried out on behalf of, for the benefit of, or to foster communication and information exchange with, a small, rural, or disadvantaged community; or (B) any activity of the community advisory board if— (i) the applicable nuclear power plant or nuclear power generation unit is located in a small, rural, or disadvantaged community; or (ii) a small, rural, or disadvantaged community may be disproportionately impacted by the applicable decommissioning activities of the licensee. (8) Authorization of appropriations There is authorized to be appropriated to the Commission to carry out this subsection $12,500,000 for the period of fiscal years 2026 through 2028, to remain available until the date that is 5 years after the date of enactment of this Act. (c) Long-Term grant program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity means— (i) a State in which a civilian nuclear power plant or nuclear power generation unit, as determined by the Commission, is decommissioned or is in the process of being decommissioned more than 3 years after the date of enactment of this Act; and (ii) an Indian Tribe the land of which contains a civilian nuclear power plant or nuclear power generation unit, as determined by the Commission, that is decommissioned or is in the process of being decommissioned more than 3 years after the date of enactment of this Act. (B) Fund The term Fund means the Community Advisory Board Fund established under paragraph (2). (C) PSDAR The term PSDAR means a post-shutdown decommissioning activities report submitted to the Commission and affected States under section 50.82(a)(4)(i) of title 10, Code of Federal Regulations (or successor regulations). (2) Community Advisory Board Fund (A) Establishment There is established in the Treasury of the United States a fund, to be known as the Community Advisory Board Fund. (B) Deposits Each fiscal year, there shall be deposited in the Fund an amount equal to the total amount collected by the Commission pursuant to the regulations promulgated under paragraph (7) for the fiscal year. (C) Use of fund Amounts in the Fund shall be available to the Commission, without further appropriation or fiscal year limitation, for making grants under this subsection. (3) Establishment of grant program Not later than 1 year after the date of enactment of this Act, the Commission shall establish a grant program under which the Commission shall award grants to eligible entities to support the activities of community advisory boards. (4) Applications An eligible entity desiring a grant under this subsection shall submit to the Commission an application at such time, in such manner, and containing such information as the Commission may require. (5) Use of funds (A) Awarding of subgrants An eligible entity shall use a grant awarded under this subsection to make subgrants to community advisory boards for use in accordance with subparagraph (B). (B) Use of subgrants A community advisory board may use a subgrant awarded under subparagraph (A)— (i) to hire or consult with experts; (ii) for administrative costs; (iii) to cover travel expenses; (iv) for website and social media maintenance; (v) for the preparation of annual reports and other communications; (vi) to contract for services; (vii) to reimburse volunteers; and (viii) to cover other reasonable and necessary expenses of the community advisory board, as determined to be appropriate by the Commission. (6) Cost sharing Notwithstanding any other provision of law, with respect to a subgrant awarded under this subsection, neither the Commission nor an eligible entity may impose a cost-sharing requirement on a community advisory board with respect to— (A) any activity that is carried out on behalf of, for the benefit of, or to foster communication and information exchange with, a small, rural, or disadvantaged community; or (B) any activity of the community advisory board if— (i) the applicable nuclear power plant or nuclear power generation unit is located in a small, rural, or disadvantaged community; or (ii) a small, rural, or disadvantaged community may be disproportionately impacted by the applicable decommissioning activities of the licensee. (7) Rulemaking (A) In general Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations requiring a licensee submitting to the Commission a PSDAR relating to the decommissioning of a nuclear power plant or a nuclear power generation unit, as determined by the Commission, for which consultation is required under section 113 b. of the Atomic Energy Act of 1954 to certify that the licensee has paid to the Commission for deposit into the Fund— (i) in the case of a PSDAR relating to the decommissioning of 1 or more nuclear power plants, $500,000 for each of those power plants; or (ii) in the case of a PSDAR relating to the decommissioning of 1 or more nuclear power generation units, as determined by the Commission, $500,000 for each nuclear power plant in which those units are located. (B) Requirements The regulations promulgated under subparagraph (A) shall provide that— (i) for each subsequent PSDAR relating to a nuclear power plant for which a PSDAR was previously submitted relating to the power plant or any nuclear power generation unit located in the power plant— (I) if consultation is required under section 113 b. of the Atomic Energy Act of 1954 with respect to the subsequent PSDAR or any decommissioning activities relating to the subsequent PSDAR, the licensee submitting the subsequent PSDAR shall certify that the licensee has paid to the Commission for deposit into the Fund $500,000, which shall be in addition to any amounts previously paid to the Commission for deposit into the Fund relating to any previously submitted PSDAR; and (II) if consultation under section 113 b. of the Atomic Energy Act of 1954 is not required with respect to the subsequent PSDAR or any decommissioning activities relating to the subsequent PSDAR, the licensee submitting the subsequent PSDAR shall certify that such consultation is not required; (ii) a licensee may pay to the Commission the amounts described in clause (i) or (ii) of subparagraph (A) or in subclause (I) of clause (i) at any time prior to the submission of a PSDAR relating to those amounts; and (iii) with respect to a merchant power plant, no amounts may be withdrawn from the decommissioning trust fund relating to that merchant power plant for the purpose of paying to the Commission an amount described in— (I) clause (i) or (ii) of subparagraph (A); or (II) subclause (I) of clause (i). (C) Limitation A licensee that has paid to the Commission the amount described in clause (i) or (ii) of subparagraph (A) with respect to a nuclear power plant shall not be required to pay that amount with respect to the same power plant on submission of any subsequent PSDAR relating to the decommissioning of that power plant or any nuclear power generation unit located in that power plant if consultation is not required with respect to that PSDAR or any decommissioning activities relating to that PSDAR under section 113 b. of the Atomic Energy Act of 1954. (8) Requirement In carrying out this subsection, the Commission, to the maximum extent practicable, shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants.

Sec. 3: Grant programs to support the activities of community advisory boards · Public Law Tracker