STORE Nuclear Fuel Act of 2021
Bill: H.R.2097 | Sponsor: Rep. Matsui, Doris O. (D-CA)
Policy area: Energy

Summary:
Storage and Transportation Of Residual and Excess Nuclear Fuel Act of 2021 or the STORE Nuclear Fuel Act of 2021
This bill directs the Department of Energy (DOE) to establish a program under which it may (1) site, construct, and operate one or more consolidated interim storage facilities for the storage of spent nuclear fuel and high-level radioactive waste; and (2) enter into contracts with the licensee of a private interim storage facility in order to take title to, transport, and store in it either high-level radioactive waste or spent nuclear fuel.
DOE must prioritize contracting with private facilities unless it can demonstrate that it is able to develop a site in a more cost-effective manner.

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 2021'', or the ``STORE Nuclear 
Fuel Act of 2021''.

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) Priority.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall prioritize storage authorized under subsection 
        (a)(2).
            ``(2) Exception.--
                    ``(A) Determination.--Paragraph (1) shall not apply 
                if the Secretary determines that it will be faster and 
                less expensive to site, construct, and operate a 
                facility authorized under subsection (a)(1), in 
                comparison with a facility authorized under subsection 
                (a)(2).
                    ``(B) Notification.--Not later than 30 days after 
                the Secretary makes a determination described in 
                subparagraph (A), the Secretary shall submit to 
                Congress written notification of such determination.
    ``(d) 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)--
                    ``(A) to obtain any license from the Commission and 
                any other Federal or State entity that is necessary for 
                the construction of one or more storage facilities;
                    ``(B) to safely transport spent nuclear fuel and 
                high-level radioactive waste, as applicable, to such 
                storage facilities; and
                    ``(C) to safely store spent nuclear fuel and high-
                level radioactive waste, as applicable, at such storage 
                facilities, pending the construction and operation of a 
                repository.
            ``(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.
    ``(e) Review of Proposals.--The Secretary shall review each 
proposal submitted pursuant to subsection (d) 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 (d)(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.
    ``(f) Site Selection.--
            ``(1) Determination of suitability.--After conducting a 
        review under subsection (e) 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 
        (d)(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(f)(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(f)(4).''.
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