I 118th CONGRESS 1st Session H. R. 4674 IN THE HOUSE OF REPRESENTATIVES July 17, 2023 Mr. Donalds introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a competitive grant program to fund feasibility studies for advanced nuclear reactors, and for other purposes.

1. Short title This Act may be cited as the Advanced Nuclear Feasibility Act . 2. Sense of Congress It is the sense of Congress that Congress— (1) recognizes the importance of developing, licensing, and deploying innovative nuclear energy technology, such as advanced nuclear reactors; (2) acknowledges the vast deployment potential of advanced nuclear technology over the next several decades; (3) understands the immensely beneficial impact of building and deploying advanced nuclear reactors; and (4) seeks to provide Federal support in promoting the use of nuclear energy throughout the United States. 3. Advanced nuclear reactor feasibility study grant program (a) Establishment The Secretary shall establish a program to award grants on a competitive basis to eligible entities to conduct feasibility studies for the siting, construction, and operation of advanced nuclear reactors. (b) Eligible entity (1) Entities To be eligible to receive a grant under the program, an applicant shall be— (A) an institution of higher education located in a State or territory described in paragraph (2); (B) a private individual or company, including the owner or operator of an airport, port, or hospital, located in a State or territory described in paragraph (2); or (C) a State or local government of a State or territory described in paragraph (2), including a State or local government that owns or operates an airport, port, or hospital. (2) States and territories A State or territory described in this paragraph is a State, or territory of the United States, that has in effect a plan relating to advancing the deployment of advanced nuclear reactors, as the Secretary determines appropriate. (c) Application (1) In general To be eligible to receive a grant under the program, an eligible entity shall submit an application to the Secretary, not later than 180 days after the date of enactment of this Act, in such manner, and containing such information as the Secretary may require, including, at a minimum, information described in paragraph (2)(A). (2) Information An application under paragraph (1)— (A) shall include a description of— (i) the background for the feasibility study that is to be conducted for the siting, construction, and operation of an advanced nuclear reactor; and (ii) organizational responsibilities for conducting such feasibility study; and (B) may include— (i) a plan for conducting such feasibility study, including a plan— (I) to conduct an analysis of— (aa) the demand for electricity in the region of the proposed site of the advanced nuclear reactor and supporting facilities; (bb) the transmission capacity and transmission facilities and systems in such region; and (cc) the structure of the market for electricity in such region; (II) to conduct an analysis of how the construction and operation of the advanced nuclear reactor at such proposed site would impact— (aa) the overall demand for electricity in such region; (bb) the transmission capacity and transmission facilities and systems in such region; and (cc) the market for electricity in such region; (III) to conduct an analysis regarding the proposed site of the advanced nuclear reactor and supporting facilities, including preliminary site layout and site preparation and potential effects of the advanced nuclear reactor and supporting facilities on the applicable region, including population distribution and the current uses of land and water; (IV) to conduct an analysis of the environmental impacts of siting, construction, and operation of the advanced nuclear reactor at the proposed site, including— (aa) a comparison of the environmental impacts of siting, constructing, and operating the advanced nuclear reactor at such proposed site to siting, constructing, and operating the advanced nuclear reactor at other sites with similar characteristics in the applicable region; (bb) impacts on cooling water demand; and (cc) an overview of the environmental protection requirements in the applicable region; (V) for how to approach the licensing process and authorization requirements for the siting, construction, and operation of the advanced nuclear reactor; (VI) to conduct an analysis of how the applicable project to site, construct, and operate the advanced nuclear reactor would be implemented, including analysis of potential contractual approaches, procurement plans, project schedules, project management, and risk management plans; (VII) to conduct an analysis of organizational requirements and responsibilities for each phase of the applicable project to site, construct, and operate the advanced nuclear reactor, including requirements and responsibilities relating to human resources and training, including workforce logistics and staffing requirements for construction, commissioning, operation, and maintenance of the advanced nuclear reactor, including education and other training requirements; (VIII) to conduct an analysis of the economic feasibility of the applicable project to site, construct, and operate the advanced nuclear reactor, including a cost-benefit analysis; (IX) for developing plans for emergency preparedness and coordination for the proposed site of the advanced nuclear reactor and supporting facilities, including on-site emergency planning and coordination with off-site emergency response organizations; (X) to conduct an analysis of cogeneration opportunities on the proposed site of the advanced nuclear reactor and supporting facilities; and (XI) to conduct a decommissioning analysis for the advanced nuclear reactor, including the cost of decommissioning the advanced nuclear reactor, decommissioning phases for the advanced nuclear reactor, and the environmental impact of decommissioning the advanced nuclear reactor; and (ii) a description of the stakeholders that may be involved in the applicable project to site, construct, and operate the advanced nuclear reactor. (d) Distribution (1) Announcement Not later than 270 days after the date of enactment of this Act, the Secretary shall announce on the website of the Department of Energy each eligible entity selected to receive a grant under the program. (2) Geographic distribution In awarding grants under the program, the Secretary shall, to the extent practicable, award a grant to at least— (A) one eligible entity in each State described in subsection (b)(2); and (B) one eligible entity in a territory described in subsection (b)(2). (3) Considerations and priority In awarding grants under the program, the Secretary shall— (A) take into consideration the totality and thoroughness of the information included in the application from an eligible entity, including information described in subsection (c)(2)(B)(i) regarding a plan for conducting a feasibility study; and (B) give priority to an eligible entity that certifies that the eligible entity will, after the competition of the feasibility study for which a grant is awarded, commence, if appropriate, other pre-licensing application activities for the applicable advanced nuclear reactor. 4. Feasibility study report Not later than 60 days after the selection of the eligible entities to be awarded grants under the program, the Secretary shall submit to the appropriate congressional committees a report that describes— (1) the eligible entities that were selected; (2) the reasoning for selection of such eligible entities; (3) a summary of each feasibility study to be conducted using a grant awarded under the program, including the amount requested for the feasibility study; (4) an anticipated timeline for each resulting feasibility study; and (5) any other information the Secretary determines necessary. 5. Use of existing feasibility studies The Secretary and the Nuclear Regulatory Commission shall jointly establish a process under which a feasibility study conducted pursuant to the program may, in whole or in part, be utilized for purposes of a feasibility study for the siting, construction, and operation of an advanced nuclear reactor at a different site, with similar characteristics, in the applicable region. 6. Cost share (a) In general The non-Federal cost share of feasibility study conducted pursuant to this Act shall be 60 percent. (b) Reduction of non-Federal share The Secretary may reduce the non-Federal share required under paragraph (1), if the Secretary determines the reduction to be necessary and appropriate, taking into consideration— (1) whether the proposed site of the advanced nuclear reactor and supporting facilities is at the site of a fossil fuel-fired electric generating facility that is retired or planned to be retired within the next year; (2) whether the applicable eligible entity has participated in community engagement with the applicable communities to discuss the potential siting of an advanced nuclear reactor and supporting facilities; and (3) the socioeconomic impacts that the siting, construction, and operation of the advanced nuclear reactor at the proposed site would have on the surrounding communities. 7. Funding Notwithstanding section 134 of the Clean Air Act ( 42 U.S.C. 7434 ), unobligated balances of amounts made available under such section 134 may be used to carry out this Act, to remain available until September 30, 2025. 8. Definitions In this Act: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given such term in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Energy and Commerce, and the Committee on Science, Space, and Technology, of the House of Representatives; and (B) the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works, of the Senate. (3) Eligible entity The term eligible entity means an individual or entity described in section 3(b)(1). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) Program The term program means the program established under section 3(a). (6) Secretary The term Secretary means the Secretary of Energy. (7) State The term State means each of the 50 States and the District of Columbia.