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SECOND REGULAR SESSION
SENATE BILL NO. 1116
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
5241S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 640, RSMo, by adding thereto three new sections relating to nuclear energy
projects.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto 1
three new sections, to be known as sections 640.800, 640.801, 2
and 640.802, to read as follows:3
640.800. 1. Sections 640.800 to 640.802 shall be 1
known and may be cited as the "Missouri Nuclear Energy 2
Advancement Act." 3
2. As used in sections 640.801 and 640.802, the 4
following terms shall mean: 5
(1) "Advanced nuclear reactor", a range of nuclear 6
reactor technologies determined by the United States Nuclear 7
Regulatory Commission to be either of generation III+ or 8
generation IV nuclear reactors, including large light water 9
reactors, small modular reactors, microreactors, and nuclear 10
cogeneration; 11
(2) "Director", the director of the Missouri advanced 12
nuclear energy office; 13
(3) "Eligible nuclear project", a new electric 14
generation project located in the state involving the 15
development of a natural gas electric generation facility 16
with an advanced nuclear reactor; 17
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(4) "Fund", the Missouri advanced nuclear development 18
fund, established under section 640.802; 19
(5) "Office", the Missouri advanced nuclear energy 20
office, established under section 640.801; 21
(6) "Rate-based recovery", the recovery by a public 22
utility, as defined in section 386.020, of the utility's 23
capital and operating costs for a project through inclusion 24
of such costs in the utility's rate base. 25
3. There shall be no prohibition on the construction 26
or operation of nuclear electric generation facilities in 27
the state, provided that all licensing requirements of the 28
facilities have been satisfied and the state's emergency 29
preparedness for nuclear electric generation is considered 30
to be in good standing by the Missouri state emergency 31
management agency. 32
640.801. 1. The governor shall establish the Missouri 1
advanced nuclear energy office within the department of 2
natural resources to be headed by a director appointed by 3
the governor. The director shall not have any direct or 4
indirect interests that substantially conflict with the 5
director's duties as the head of the office. The director 6
may hire additional staff as necessary to implement the 7
duties of the office under this section, subject to the 8
availability of funds under this section. 9
2. The annual budget of the office shall not exceed 10
seven hundred and fifty thousand dollars. 11
3. The office shall administer the Missouri advanced 12
nuclear development fund established under section 640.802. 13
4. The duties of the office include: 14
(1) Solicitation of gifts, grants, tax credits, or 15
donations to the fund for the purpose of providing grants to 16
eligible nuclear projects in the state; 17
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(2) Establishing procedures and guidelines for the 18
application, review, approval, and monitoring of grants; 19
(3) Ensuring all grants are awarded in a fair, 20
equitable, and transparent manner; 21
(4) Requiring appropriate reporting and accountability 22
from all recipients of grants for failure to meet 23
established goals; 24
(5) Entering into written agreements with recipients 25
of grants under this section before awarding such grants; 26
(6) Creating specific goals for the completion of 27
projects for which grants are awarded; 28
(7) Providing recipients terms of repayment of grants 29
for failure to reach specific goals for each project for 30
which a grant is awarded; 31
(8) Evaluate each grant application based on the 32
applicant's: 33
(a) Efficiency of operations to complete a project for 34
which a grant is to be awarded; 35
(b) Availability of resources essential for completing 36
a project for which a grant is requested; 37
(c) Ability to repay a grant if project goals are not 38
met; and 39
(d) The project's potential benefit to the state. 40
5. The office may provide a reimbursement grant from 41
the fund for expenses associated with the construction of an 42
eligible nuclear project in the state if such expenses are 43
limited to: 44
(1) Site planning, including conceptual site-specific 45
engineering studies; 46
(2) Front-end engineering design; 47
(3) Identifying potential environmental hazards from a 48
project for which a grant is awarded; 49
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(4) Any work done in preparation of the construction 50
permit or license application to state, local, or federal 51
agencies; 52
(5) Nuclear Regulatory Commission licensing fees; 53
(6) Procurement and development of long-lead 54
components; or 55
(7) Construction activities, including the 56
manufacture, fabrication, quality assurance, placement, 57
erection, installation, modification, inspection, or testing 58
of an eligible nuclear project. 59
6. The director shall: 60
(1) Report any actual or potential conflicts of 61
interest, or the appearance thereof, to the governor's 62
general counsel and the Missouri ethics commission; and 63
(2) Annually submit to the lieutenant governor and the 64
general assembly a report documenting each grant awarded 65
under this section, including metrics indicating the 66
performance of each project for which a grant was awarded, 67
if such information is available at the time of reporting. 68
7. No grant under this section shall exceed one 69
hundred million dollars. 70
8. Grants under this section shall not be used for 71
projects where costs are recovered through rate-based 72
recovery. 73
9. For a project involving the commission of an 74
advanced nuclear reactor, the office shall require that, 75
until the advanced nuclear reactor is commissioned, the net 76
proceeds from the grant recipient's sales of electricity 77
from a natural gas electric generation facility shall be 78
dedicated to funding the pre-commissioning costs of the 79
advanced nuclear reactor portion of such project, including, 80
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but not limited to, costs for siting, development, 81
permitting, design, engineering, and construction. 82
10. Information submitted to the office in an 83
application for a grant under this section shall be 84
considered confidential and shall remain confidential and 85
shall not be released by the office to the public or 86
disclosed in response to any request, including a records 87
request under chapter 610. 88
640.802. There is hereby created in the state treasury 1
the "Missouri advanced nuclear development fund", which 2
shall consist of gifts, grants, tax credits, or donations 3
solicited by the Missouri advanced nuclear energy office, 4
established under section 640.801. The state treasurer 5
shall be custodian of the fund. In accordance with sections 6
30.170 and 30.180, the state treasurer may approve 7
disbursements. The fund shall be a dedicated fund and money 8
in the fund shall be used solely by the office for the 9
purposes of providing grants to eligible nuclear energy 10
projects. Notwithstanding the provisions of section 33.080 11
to the contrary, any moneys remaining in the fund at the end 12
of the biennium shall not revert to the credit of the 13
general revenue fund. The state treasurer shall invest 14
moneys in the fund in the same manner as other funds are 15
invested. Any interest and moneys earned on such 16
investments shall be credited to the fund. 17
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