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ENGROSSED HOUSE
BILL NO. 3175 By: Archer, Luttrell, and Moore
of the House
and
Dossett of the Senate
[ nuclear energy - Office – duties – gifts - project
– rules - Oklahoma Corporation Commission –
language – authority – Governor – director – staff
– strategic plan - Nuclear Permitting Coordinator –
processes – duties – assistance – documentation -
Oklahoma Advanced Nuclear Development Revolving
Fund – type – content – purpose – expenditures –
grant program – actions – appropriation – details –
information – applicants – notice – individuals –
review – agreement – amount – reimbursement – rules
– permit - rolling basis – distribution –
interconnection – procedures – evaluations –
criteria – confidential – codification - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.10 of Title 74, unless there
is created a duplication in numbering, reads as follows:
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As used in this act:
1. "Advanced nuclear project" means an electric generation
facility that relies on an advanced nuclear reactor to generate
power, steam, or heat, a nuclear fuel cycle facility that supplies
advanced nuclear reactors, or associated technologies supporting the
advanced nuclear energy industry;
2. "Advanced nuclear reactor" means a range of nuclear reactor
technologies determined by the United States Regulatory Commission
to be either of generation III+ or generation IV, including large
light water reactors, small modular reactors, microreactors, and
nuclear cogeneration;
3. "Construction permit" means a permit issued by the
Regulatory Commission for the construction of:
a. a nuclear production or utilization facility, or
b. a research or test reactor that contributes to the
future commercialization of that research or test
reactor technology;
4. "Director" means the Director of the Advanced Nuclear Energy
Office;
5. "License" means a license issued by the Regulatory
Commission that authorizes the license holder to construct and
operate a nuclear power facility, such as a nuclear plant at a
specific site, with specified conditions;
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6. "Office" means the Oklahoma Advanced Nuclear Energy Office
established under Section 2 of this act;
7. "Regulatory Commission" means the United States Nuclear
Regulatory Commission; and
8. "Utility Commission" means the Oklahoma Corporation
Commission.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.11 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Advanced Nuclear Energy
Office. The Office shall be an office administratively housed
within the Governor's office and shall be assigned to the Oklahoma
Secretary of Energy and Environment.
B. The purposes of the Office are to provide statutory and
regulatory readiness for advanced nuclear energy and to:
1. Provide strategic leadership for the advanced nuclear
reactor system in this state;
2. Promote the development of advanced nuclear reactors for
dispatchable electric generation while creating high-wage advanced
manufacturing jobs in this state;
3. Advance innovative nuclear energy generation technologies
while delivering safe, reliable, and clean energy solutions that
address the state's growing demand;
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4. Enhance the state's energy security, foster economic growth,
and ensure the safety of future nuclear energy generation
development;
5. Identify barriers to the financial viability of nuclear
energy generation and regulatory and licensing complexities that
increase risk to developers of nuclear energy;
6. Leverage the expertise and capacity of institutions of
higher education, the nuclear energy industry, the industrial
manufacturing sector, and regulatory stakeholders to develop a
comprehensive strategic plan to ensure the development of advanced
nuclear energy and associated technologies in this state; and
7. Support the development of an advanced nuclear energy supply
chain and associated technologies in this state.
C. The Office shall:
1. Develop and propose a comprehensive statutory and regulatory
framework for advanced nuclear energy. The statutory and regulatory
framework developed by the Office shall be substantive and ready for
implementation;
2. Draft and recommend rules addressing areas of state
jurisdiction not preempted by the United States Nuclear Regulatory
Commission;
3. Coordinate with the Oklahoma Corporation Commission;
4. Identify any statutory gaps requiring legislative action;
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5. Submit completed statutory and regulatory framework and
recommendations for advanced nuclear energy to the Governor, Speaker
Pro Tempore of the Oklahoma State Senate, the Speaker of the
Oklahoma House of Representatives, and the Oklahoma Corporation
Commission, by December 1, 2027.
D. The Office may not accept a gift, grant, or loan from or
contract with an applicant for or a beneficiary of a grant provided
pursuant to this act.
E. The Office may not require an advanced nuclear project to be
located in a specific location.
F. The Office may promulgate rules as necessary to carry out
the provisions of this act.
G. The Oklahoma Corporation Commission shall promulgate rules
within its constitutional and statutory jurisdiction to implement
the regulatory framework provided by the Office. The Corporation
Commission shall not be compelled to adopt specific draft language
provided by the Office, but shall initiate rulemaking following
submission of completed regulatory framework. Nothing in this act
shall be construed to limit, impair, supersede, or otherwise affect
the constitutional or statutory authority of the Oklahoma
Corporation Commission over public utilities, electric generation
facilities, transmission providers, natural gas utilities, or any
other entity subject to its jurisdiction.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.12 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Governor shall appoint a Director of the Oklahoma
Advanced Nuclear Energy Office or may assign the duties of the
Director to the Oklahoma Secretary of Energy and Environment. The
Director shall serve at the pleasure of the Governor.
B. The Director shall have demonstrated:
1. Experience in the field of advanced nuclear energy; and
2. Executive and organizational ability.
C. The Director shall not have any direct or indirect interests
that substantially conflict with the Director's duties.
D. The Director shall:
1. Manage the affairs of the Office;
2. Administer programs established by this act; and
3. Establish appropriate milestones and standards to ensure
proper use of money pursuant to this act.
E. The Director may hire staff as necessary to implement the
duties of the Office pursuant to this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.13 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Not later than December 1 of each even-numbered year, the
Director of the Oklahoma Advanced Nuclear Energy Office shall submit
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to the Governor, the President Pro Tempore of the Oklahoma State
Senate, and the Speaker of the Oklahoma House of Representatives a
strategic plan for furthering the goals, purposes, and objectives
established by this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.14 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Director of the Oklahoma Advanced Nuclear Energy Office
may employ a Nuclear Permitting Coordinator to assist businesses
throughout the nuclear energy permitting and regulatory process.
B. A Nuclear Permitting Coordinator shall have a demonstrated
familiarity with the permitting and regulatory process in this
state.
C. The Nuclear Permitting Coordinator shall:
1. Act as a single point of contact for stakeholders during the
nuclear energy permitting and regulatory process;
2. Identify active or likely siting opportunities and required
permits and approvals for nuclear energy generation sites and key
personnel; and
3. Provide guidance for regulated persons navigating local,
state, and federal regulations for nuclear energy generation
facilities.
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D. The Nuclear Permitting Coordinator shall make any assistance
provided under this section equally available to all businesses
engaged in the nuclear energy permitting and regulatory process.
E. The Nuclear Permitting Coordinator shall document all
activities carried out in the provision of assistance under this
section and make that information available to the public on
request.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.15 of Title 74, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Advanced Nuclear Energy Office, established under
Section 2 of this act, to be designated the "Oklahoma Advanced
Nuclear Development Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations and shall consist of
such sources as may be provided by law and any available federal
funding. All monies accruing to the credit of the fund shall be
budgeted and expended by the Oklahoma Advanced Nuclear Energy Office
for the purposes provided by this section. No monies may be
expended absent a specific legislative authorization. Subject to
the availability of funding, the Oklahoma Advanced Nuclear Energy
Office shall utilize the fund for the restricted purposes of
providing reimbursement-based grants to eligible businesses,
nonprofit organizations, and governmental entities, including
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institutions of higher education, through the programs established
in this act and to pay for reasonable and necessary costs for staff
support necessary to facilitate the work of the Oklahoma Advanced
Nuclear Energy Office. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.16 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Advanced Nuclear Energy Office shall establish
grant programs under this act and the Director shall administer
those programs. However, grants may not be awarded until the
regulatory framework required by Section 2 of this act has been
completed and submitted and the Oklahoma Corporation Commission has
promulgated necessary rules within its jurisdiction.
B. The Office may provide a grant, subject to the availability
of funds specifically appropriated by the Legislature, pursuant to
this act only to reimburse expenses paid by a recipient using the
recipient's own funds. No grant shall be awarded absent a specific
legislative appropriation for that fiscal year. An applicant for a
grant under the provisions of this act may have received financial
assistance or incentives from a local, state, or federal source, but
the Office may not provide a grant pursuant to this act to reimburse
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expenses paid by a recipient or the recipient's project partner
using financial assistance or incentives from the local, state, or
federal source. An applicant shall provide the Office with detailed
information regarding any financial assistance or incentives
requested or received for the project for which it is requesting
grant funds.
C. An applicant that has received state-appropriated money for
an advanced nuclear reactor is not eligible to receive a grant under
Section 9 of this act.
D. The Office shall submit to the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives a notice of each grant the Office proposes to
approve. The Office may not approve the grant if either of those
officers submit a written communication to the Office disapproving
the grant on or before the thirtieth day after the date the Office
submits the notice of the proposed grant to those officers. The
President Pro Tempore of the Oklahoma State Senate or Speaker of the
Oklahoma House of Representatives may extend the review deadline for
an additional fourteen (14) days by submitting a written notice to
that effect to the Office before the expiration of the initial
review period.
E. Before awarding a grant pursuant to this act, the Office
shall enter into a written agreement with the grant applicant. A
written agreement under this subsection shall:
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1. Specify benchmarks and milestones for the completion of the
project for which the grant is provided; and
2. Require the grant recipient to repay to the state any money
received from the grant if the recipient fails to reach the
specified benchmarks.
F. The Office may not during a state fiscal year award out of
money appropriated for grants pursuant to this act a total amount
greater than:
1. Twenty percent (20%) of the appropriated money for grants
provided under Section 8 of this act; and
2. Eighty percent (80%) of the appropriated money for grants
provided under Section 9 of this act.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.17 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Advanced Nuclear Energy Office may, subject to
the availability of funds specifically appropriated by the
Legislature, provide a reimbursement grant from the Oklahoma
Advanced Nuclear Development Revolving Fund, created in Section 6 of
this act, pursuant to this section for the expenses associated with
or required for initial development of an advanced nuclear project
in this state. However, grants may not be awarded until the
regulatory framework required by Section 2 of this act has been
completed and submitted and the Oklahoma Corporation Commission has
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promulgated necessary rules within its jurisdiction. No grant shall
be awarded absent a specific legislative appropriation for that
fiscal year.
B. Expenses that qualify for reimbursement under this section
are limited to expenses attributable or allocable to:
1. Technology development, including university technology
development;
2. Feasibility studies;
3. Site planning, including conceptual site-specific
engineering studies;
4. Front-end engineering design;
5. Site and environmental characterization;
6. Regulatory commission early site permit work;
7. Preparation of the construction permit or license
application to the Regulatory Commission;
8. Developing manufacturing capacity and readiness;
9. Fuel processing, manufacturing, and fabrication activities
essential to the fuel cycle supply;
10. Preparation of local, state, and nonregulatory commission
federal permits; and
11. Regulatory Commission licensing fees.
C. To be eligible for a reimbursement grant under this section,
an applicant shall provide with an application proof of incurred
expenses described by subsection B of this section.
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D. A grant provided under this section may not exceed the
lesser of:
1. Fifty percent (50%) of the amount of qualifying expenses
associated with the project; or
2. Twelve Million Five Hundred Thousand Dollars
($12,500,000.00).
E. The Office by rule shall establish procedures for the
application for and provision of a grant pursuant to this section.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.18 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Advanced Nuclear Energy Office may provide a
reimbursement grant, subject to the availability of funds
specifically appropriated by the Legislature, from the Oklahoma
Advanced Nuclear Development Revolving Fund, created in Section 6 of
this act, pursuant to this section for expenses associated with the
construction of an advanced nuclear project in this state. However,
grants may not be awarded until the regulatory framework required by
Section 2 of this act has been completed and submitted and the
Oklahoma Corporation Commission has promulgated necessary rules
within its jurisdiction. No grant shall be awarded absent a
specific legislative appropriation for that fiscal year.
B. Expenses that qualify for reimbursement under this section
are limited to expenses associated with:
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1. The United States Nuclear Regulatory Commission's review of
the construction permit or license application;
2. Procurement and development of long-lead components; or
3. Construction activities, including the manufacture,
fabrication, quality assurance, placement, erection, installation,
modification, inspection, or testing of an advanced nuclear project.
C. To be eligible for a reimbursement grant under this section,
an applicant must provide with an application proof of incurred
expenses described by subsection B of this section.
D. A grant provided under this section may not exceed the
lesser of:
1. Fifty percent (50%) of the amount of qualifying expenses
associated with the project; or
2. One Hundred Twenty Million Dollars ($120,000,000.00).
E. The Office by rule shall establish procedures for the
application for and provision of a grant under this section.
F. The Office may not provide a reimbursement grant for a
project under this section until the Regulatory Commission has
docketed a construction permit or license application for the
project.
G. The Office by rule shall establish a process to distribute
the proceeds of each grant awarded under this section to the grant
recipient on a rolling basis for qualifying expenses. The process
shall include milestones associated with:
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1. The Regulatory Commission's permitting process; and
2. The recipient's financial investment decisions relating to
the project.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.19 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Advanced Nuclear Energy Office may provide a
grant, subject to the availability of funds specifically
appropriated by the Legislature, pursuant to this act for the costs
associated with the completion of an operational advanced nuclear
reactor in this state that is interconnected with the regional
transmission operator power grid. However, grants may not be
awarded until the regulatory framework required by Section 2 of this
act has been completed and submitted and the Oklahoma Corporation
Commission has promulgated necessary rules within its jurisdiction.
No grant shall be awarded absent a specific legislative
appropriation for that fiscal year.
B. The Office, in consultation with the Oklahoma Corporation
Commission, by rule shall establish the amount of a grant the Office
shall provide under this section on a per megawatt basis according
to the generation capacity of the advanced nuclear reactor.
C. The Office, in consultation with the Oklahoma Corporation
Commission, by rule shall establish procedures for:
1. The application for and award of a grant under this section;
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2. The administration of the grant program; and
3. Providing grants according to a tiered system based on the
amount of electricity in megawatts provided to the regional
transmission operator grid by an advanced nuclear reactor.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.20 of Title 74, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Advanced Nuclear Energy Office shall evaluate each
application for a grant pursuant to this act based upon the
project's potential benefit to this state and 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;
4. Application for or docketing of a permit or license with the
United States Nuclear Regulatory Commission; and
5. Ability to repay the grant if project benchmarks are not
met.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10.21 of Title 74, unless there
is created a duplication in numbering, reads as follows:
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Information submitted to the Oklahoma Advanced Nuclear Energy
Office in an application for a grant pursuant to this act is
confidential and not subject to disclosure.
SECTION 13. This act shall become effective November 1, 2026.
Passed the House of Representatives the 16th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate