SB2060 - Relating to funding mechanisms within the Office of the Governor and Texas Public Utility Commission to support the deployment of advanced nuclear reactors in this state.

  89R17461 TYPED     By: Parker S.B. No. 2060       A BILL TO BE ENTITLED   AN ACT   relating to funding mechanisms within the Office of the Governor   and Texas Public Utility Commission to support the deployment of   advanced nuclear reactors in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle F, Title 4, Government Code, is amended   by adding Chapter 483 to read as follows:   CHAPTER 483. TEXAS ADVANCED NUCLEAR DEPLOYMENT ACT   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 483.001.  DEFININTIONS. IN THIS CHAPTER:                 (1)     "Advanced nuclear reactor" means a range of proven   and innovative nuclear reactor technologies across two generations   (Gen III+ and Gen IV) and includes large light water reactors, small   modular reactors, microreactors, and nuclear cogeneration.                 (2)     "Advanced nuclear reactor project" means an   electric generation facility relying on an advanced nuclear reactor   to generate power.                 (3)     "Applicant" means a person or an entity applying   for a license, permit, or other form of nuclear commission   permission or approval under 10 C.F.R Parts 50, 52, 53, 54, or 55.                 (4)     "Combined license" means a license issued by the   nuclear commission that authorizes a licensee to construct and   operate a nuclear power facility, such as a nuclear plant at a   specific site, with specified conditions.                 (5)     "Commission" means the Public Utility Commission   of Texas.                 (6)     "Construction permit" means a permit issued by the   nuclear commission for the construction of a nuclear production or   utilization facility.                 (7)     "Director" means the director of the Texas   Advanced Nuclear Deployment Office of the Governor.                 (8)     "Final investment decision" means the final   decision of a company to invest in a nuclear project.                 (9)     "Nuclear commission" means the U.S. Nuclear   Regulatory Commission or its duly authorized representatives.                 (10)     "Operating license" means a license issued by the   nuclear commission that allows a person to operate a nuclear power   plant or reactor.                 (11)     "Person" means any individual, corporation,   partnership, firm, association, trust, estate, public or private   institution, group, government agency other than the nuclear   commission or the U.S. Department of Energy, except that the   Department shall be considered a person to the extent that its   facilities are subject to the licensing and related regulatory   authority of the commission pursuant to section 202 of the Energy   Reorganization Act of 1974, any state or any political subdivision   of, or any political entity within a State, any foreign government   or nation or any political subdivision of any such government or   nation, or other entity; and any legal successor, representative,   agent, or agency of the foregoing.                 (11)     "Program" means the Texas Advanced Nuclear Energy   Program under the Texas energy fund established by Section 49-q,   Article III, Texas Constitution.           Sec.   483.002.     PURPOSE. (a) The purpose of this Act is to   promote the development of advanced nuclear reactor projects for   dispatchable electric generation while creating high-wage advanced   manufacturing jobs in this state. The Act will spearhead the   transition to a balanced energy future by advancing innovative   nuclear generation technologies while delivering safe, reliable,   and clean energy solutions that address the state's growing demand.   The governor and legislature are committed to enhancing the state's   energy security and fostering economic growth, ensuring that future   development is safe and reliable.           Sec.   483.101.     ADMINISTRATIVE ATTACHMENT. (a) The office   is administratively attached to the office of the governor, and the   office of the governor shall provide administrative support to the   office as provided by this section. The equal employment   opportunity officer and the internal auditor of the office of the   governor shall serve the same functions for the office as they serve   for the office of the governor.           Sec.   483.102.     PROGRAM ESTABLISHMENT; ELIGIBILITY. (a) The   commission shall establish a separate account for the program under   the Texas energy fund authorized by Section 49-q, Article III,   Texas Constitution.           (b)     The commission may use money in the account without   further appropriation to provide grants under this subchapter to a   person for the development of an advanced nuclear reactor projects   in this state.           Sec.   483.103.     USE OF PROGRAM FUNDS. (a) Money in the   program's account may be used only to administer grants established   under this subchapter.           Sec.   483.104.     EXPIRATION. This chapter expires September   1, 2040.   SUBCHAPTER B. TEXAS ADVANCED NUCLEAR DEPLOYMENT OFFICE           Sec.   483.201.     OFFICE. (a)   The Texas Advanced Nuclear   Deployment Office is an office within the office of the governor.           (b)  The purposes of the office are to:                 (1)     collaborate with interested stakeholders and   state and local leaders to craft a statewide strategic advanced   nuclear public outreach program.                 (2)     identify barriers to financial viability of   nuclear energy generation, regulatory and licensing complexities   that increase risk to developers of nuclear energy and provide   recommendations to the governor and legislature regarding advanced   nuclear energy and technologies;                 (3)     provide strategic leadership within the advanced   nuclear reactor system in this state;                 (4)     leverage the expertise and capacity of   institutions of higher education, industry, and regulatory   stakeholders to develop a comprehensive strategic plan to ensure   the development of advanced nuclear energy and technologies in this   state; and                 (5)     support the development of an advanced nuclear   energy supply chain in this state.           Sec.   483.202.     DIRECTOR; DUTIES. (a) The governor shall   appoint a director of the office who serves at the pleasure of the   governor.           (b)     The director must have demonstrated experience in the   areas of advanced nuclear energy and executive and organizational   ability.           (c)  The director shall:                 (1)  manage the affairs of the office;                 (2)     develop a plan to engage with stakeholders to   gather input and solicit feedback on the development of rules   promulgated by the commission related to the fund and fund   programs;                 (3)     administer the fund provided by the legislature   and fund programs consistent with this chapter;                 (4)     establish the appropriate standards to ensure the   proper use of funds authorized under this chapter;                 (5)     facilitate the location, expansion, and retention   of advanced nuclear reactor projects in this state;                 (6)     deliver to the governor and Legislative Budget   Board a strategic plan to further goals, purposes, and objectives   of this chapter on or before December 1 of each even-numbered year;   and                 (7)     employ a nuclear permitting coordinator with a   demonstrated familiarity with the permitting and regulatory   process in this state and a developed network of contacts within the   government of this state for the purposes of assisting businesses   throughout the permitting and regulatory process.           (d)  The nuclear permitting coordinator shall:                 (1)     act as a single point of contact for stakeholders   during the nuclear energy permitting process;                 (2)     identify active or likely siting opportunities and   required permits and approvals for nuclear energy sites and key   personnel;                 (3)     provide tailored assistance to help industry   navigate relevant local, state, and federal regulations and   regulatory entities for nuclear facilities; and                 (4)     share information regarding this state's economic   incentive programs for advanced nuclear reactor projects.           (e)  The director may:                 (1)     hire staff as necessary to implement the duties of   the office under this chapter; and                 (2)     convene an advisory committee in the manner   provided by Chapter 2110, Government Code.           Sec.   483.203.     APPLICATION EVALUATION. (a) The office   shall evaluate an application for a grant under this subchapter   based on the grant applicant's:                 (1)  quality of services and management;                 (2)  efficiency of operations;                 (3)     access to resources essential for operating the   project for which the grant is requested, such as land, water, and   reliable infrastructure, as applicable; and                 (4)     evidence of creditworthiness and ability to repay   the grant subject to Subsection (b), including the grant   applicant's total assets, total liabilities, net worth, and credit   ratings issued by major credit rating agencies.           (b)     A grant agreement under Sections 483.302 or 483.303 may   include a provision stating that the grant recipient shall repay   the grant funds received if the grant recipient fails to obtain an   operating license for the advanced nuclear reactor project that was   financed using those funds.           Sec.   483.204.     CONFIDENTIALITY. Information submitted to   the commission in an application for a grant under this subchapter   is confidential and not subject to disclosure under Chapter 552,   Government Code.           Sec.   483.205.     EXPIRATION. This chapter expires September   1, 2040.           Sec.   483.206.     RULES. The office by rule shall establish   procedures for:                 (1)     the application for and award of a grant under this   chapter, including the required documentation for qualifying   expenses under Sections 483.303 and 483.304; and                 (2)  the administration of the programs.     SUBCHAPTER C. FUND PROGRAMS    &# [Text truncated for display. Full text available on LegiScan.]