Revise laws relating to nuclear energy

- 2025
69th Legislature 2025 HB 623
- 1 - Authorized Print Version – HB 623
ENROLLED BILL
AN ACT ESTABLISHING LEGISLATIVE APPROVAL OF THE SITING OF SPENT NUCLEAR FUEL
STORAGE FACILITIES PRODUCED BY A NUCLEAR POWER GENERATING FACILITY OPERATING
WITHIN THE STATE; PROVIDING A DEFINITION; AMENDING SECTION 75-20-204, MCA; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA
Section 1. Legislative approval of siting of spent nuclear fuel storage facilities -- conditions. (1)
The legislature authorizes the siting of temporary spent nuclear fuel storage facilities within the state. A facility
is authorized if:
(a) the facility is operated on the site of a nuclear power generating facility and stores spent
nuclear fuel produced by a nuclear power generating facility operating within the state;
(b) the facility has received a state recommendation from the department of environmental quality,
pursuant to 75-20-204; and
(c) the facility has received a license to construct and operate from the federal nuclear regulatory
commission.
(2) For the purposes of this section, "spent nuclear fuel" means nuclear fuel that has been used in
a reactor and is no longer able to produce enough energy to sustain a reaction.
Section 2. Section 75-20-204, MCA, is amended to read:
"75-20-204. Facilities subject to federal energy regulatory commission jurisdiction and nuclear
regulatory commission. (1) For a facility that is subject to the jurisdiction of the federal energy regulatory
commission or the nuclear regulatory commission as authorized in [section 1], the department shall file a state
recommendation with the commission.
- 2025
69th Legislature 2025 HB 623
- 2 - Authorized Print Version – HB 623
ENROLLED BILL
(2) A person making application to the federal energy regulatory commission or the nuclear
regulatory commission as authorized in [section 1] shall file with the department notice of and a copy of the
federal application regarding any facility subject to subsection (1). The state recommendation must be based on
its study of the federal application and other material gained through intervention in the federal proceeding.
(3) A person subject to the provisions of subsection (2) shall pay a fee to the department at the
time that an application is filed with the federal energy regulatory commission or the nuclear regulatory
commission as authorized in [section 1]. The fee must be used by the department to carry out its
responsibilities to develop a state recommendation and participate as a party in any necessary federal
proceeding to assert the state recommendation. The fee may not exceed one-half the amount that could be
assessed under 75-20-215. A fee prescribed by 75-20-215 may not be assessed against a person paying a fee
under this section.
(4) A person who fails to file a timely notice of and a copy of the federal application with the
department, preventing the department from timely compliance with this section and with the rules, statutes, or
procedures governing the proceedings before the federal energy regulatory commission or the nuclear
regulatory commission as authorized in [section 1], is subject to the provisions of 75-20-408."
Section 3. Notification to tribal governments. The secretary of state shall send a copy of [this act]
to each federally recognized tribal government in Montana.
Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
75, chapter 20, and the provisions of Title 75, chapter 20, apply to [section 1].
Section 5. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
HB 623, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 623
INTRODUCED BY G. PARRY, B. MITCHELL, K. ZOLNIKOV, G. HERTZ, C. NEUMANN
AN ACT ESTABLISHING LEGISLATIVE APPROVAL OF THE SITING OF SPENT NUCLEAR FUEL STORAGE
FACILITIES PRODUCED BY A NUCLEAR POWER GENERATING FACILITY OPERATING WITHIN THE
STATE; PROVIDING A DEFINITION; AMENDING SECTION 75-20-204, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.