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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
House Bill 2410
Ordered by the House April 14
Including House Amendments dated April 14
Sponsored by Representative LEVY B, Senator SMITH DB, Representative DIEHL; Representatives BOICE,
DRAZAN, EDWARDS, HELM, LEVY E, OSBORNE, OWENS, RESCHKE, SMITH G, WRIGHT, Senators
BONHAM, MEEK (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: Allows EFSC to approve a power plant demo project that uses one or more small mod-
ular reactors. (Flesch Readability Score: 60.1).
Allows the Energy Facility Siting Council to issue a site certificate for a small modular reactor
energy facility demonstration project in Umatilla County. Requires the demonstration project to use
microgrid enabling technologies such that the project can be isolated from the electric grid and
support community energy resilience. Requires the council to consult with each interested
federally recognized Indian tribe with tribal lands located in Umatilla County on an applica-
tion for a site certificate for a demonstration project.
Directs the State Department of Energy , in cooperation with certain state agencies, to pre-
pare a report on statutes, rules, requirements or orders that may be applicable to a small modular
reactor energy facility demonstration project, and statutes and rules that may need to be adopted
or modified to enable the Energy Facility Siting Council to provide oversight of a demonstration
project. Directs the department to submit the report to the interim committees or committees of the
Legislative Assembly related to energy not later than [one year after the Act takes effect ] December
15, 2026.
Establishes the Umatilla County SMR Demonstration Project Report Fund.
Refers the Act to the people of Umatilla County for their approval or rejection at the next
regular general election.
A BILL FOR AN ACT
Relating to a small modular reactor energy facility demonstration project; and providing that this
Act shall be referred to the people for their approval or rejection.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS 469.590 to
469.619.
SECTION 2. (1) As used in this section:
(a) “Advanced nuclear reactor” has the meaning given that term in 42 C.F.R. 16271, ef-
fective January 1, 2025.
(b) “Community energy resilience” means the ability of a specific community to maintain
the availability of energy needed to support the provision of energy-dependent critical public
services to the community following nonroutine disruptions of severe impact or duration to
the state’s broader energy systems.
(c) “Small modular reactor” means an advanced nuclear reactor:
(A) With a nameplate capacity of 300 electrical megawatts or less; and
(B) That may be constructed and operated in combination with similar reactors at a
single site.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1725
A-Eng. HB 2410
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(d) “Small modular reactor energy facility” means an energy facility that produces power
from using one or more small modular reactors at a single site.
(e) “Tribal lands located within the exterior boundaries of Umatilla County” includes land
located within the exterior boundaries of Umatilla County that:
(A) Is within the boundaries of an Indian reservation, as designated by treaty, including
the Treaty between the United States and the Walla-Walla, Cayuses, and Umatilla Tribes and
Bands of Indians in Washington and Oregon Territories, 12 Stat. 945 (June 9, 1855);
(B) Is held in trust by the United States for the benefit of a tribe; or
(C) On which a tribe may exercise rights reserved to the tribe by treaty, including the
Treaty between the United States and the Walla-Walla, Cayuses, and Umatilla Tribes and
Bands of Indians in Washington and Oregon Territories, 12 Stat. 945 (June 9, 1855).
(2) The Energy Facility Siting Council may issue a site certificate for a small modular
reactor energy facility demonstration project located within the jurisdiction of Umatilla
County if the council finds that:
(a) The demonstration project will utilize microgrid enabling technologies, including
microgrid controllers and any other related technologies needed to electrically isolate the
demonstration project from the electric grid, so that the demonstration project is capable
of operating independently from the electric grid; and
(b) Use of microgrid enabling technologies by the demonstration project will support
community energy resilience.
(3)(a) If the council receives an application for a site certificate for a small modular re-
actor energy facility under this section, the council shall, as part of the procedures estab-
lished pursuant to ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, consult with each
federally recognized Indian tribe, including the Confederated Tribes of the Umatilla Indian
Reservation,that:
(A) Has tribal lands located within the exterior boundaries of Umatilla County; and
(B) Indicates an interest in being consulted on the application.
(b) The council shall:
(A) Provide actual notice to the governing body of each Indian tribe inviting each tribe
to be consulted on the application; and
(B) Provide each tribe no less than 60 days to express in response to the notice an in-
terest in being consulted on the application.
(c) If a tribe expresses an interest in being consulted on the application, the council shall,
during the consultation process, engage in regular and good faith communications, including
direct contact, with the governing body of the Indian tribe.
(4)(a) Notwithstanding the definition of a “waste disposal facility” under ORS 469.300, no
high-level radioactive waste may be stored at the site of the demonstration project, including
any tribal lands, after termination of the operating license issued to the demonstration
project by the United States Nuclear Regulatory Commission.
(b) Notwithstanding paragraph (a) of this subsection, a person operating the demon-
stration project under a license issued by the United States Nuclear Regulatory Commission
shall remain responsible for proper temporary storage of high-level radioactive materials at
the site of the demonstration project after termination of the license and until such mate-
rials are removed from the site for consolidated interim storage or permanent storage.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, no high-level radioactive
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material may be temporarily stored on tribal lands unless the council consults on the res-
toration of the site of the demonstration project with each tribe that has an interest in the
tribal land, as described under subsection (1)(e)(A) to (C) of this section in accordance with
requirements for tribal consultation under subsection (3) of this section.
(d) The State Department of Energy and the operators of the demonstration project may
pursue agreements with the United States Department of Energy and the United States
Nuclear Regulatory Commission, as necessary, to fulfill the provisions of this subsection.
(5) ORS 469.594, 469.595, 469.597, 469.599 and 469.601 do not apply to a small modular re-
actor demonstration project described in this section.
SECTION 3.
(1) As used in this section, “demonstration project” and “small modular re-
actor energy facility demonstration project” mean a small modular reactor energy facility
demonstration project in Umatilla County as described in section 2 of this 2025 Act.
(2) The State Department of Energy, in cooperation with the Public Utility Commission,
Department of Land Conservation and Development, Department of Transportation and any
other interested state agency, shall prepare a report that:
(a) Identifies existing statutes or rules that may need to be modified, or new rules that
may need to be adopted, to enable the Energy Facility Siting Council to:
(A) Establish standards for the siting, construction, operation and retirement of a small
modular reactor energy facility demonstration project that:
(i) Allow the council to effectively undertake a siting process for siting a demonstration
project; and
(ii) Explicitly consider potential impacts of a demonstration project on tribes and tribal
treaty rights, first foods and cultural resources, as determined through tribal consultation;
and
(B) Provide state regulatory oversight for a demonstration project and for the temporary
storage of high-level radioactive waste at the site of a demonstration project, that is con-
sistent with federal law and any interests or concerns raised through tribal consultation;
(b) Describes the anticipated application of state and local land use requirements to the
siting of a demonstration project, and identifies any potential gaps, opportunities for clarifi-
cations or modifications to state or local land use requirements necessary to clarify the ap-
plication of state and local land use requirements to a demonstration project; and
(c) Identifies existing statutes applicable to the Public Utility Commission and rules and
orders of the Public Utility Commission that may be applicable to a demonstration project.
(3) The State Department of Energy shall submit the report required by this section, in
the manner provided by ORS 192.245, to the interim committees or committees of the Leg-
islative Assembly related to energy no later than December 15, 2026.
(4) The report required by this section may include recommendations for legislation.
(5) The State Department of Energy may contract with third parties for assistance in
performing the department’s duties under this section.
(6) All agencies of state government, as defined in ORS 174.111, are directed, to the ex-
tent permitted by laws relating to confidentiality, to furnish such information and advice to
the State Department of Energy as the department considers necessary to perform the
department’s duties under this section.
(7) The State Department of Energy may accept, for purposes of completing the report
required by this section, contributions of moneys and assistance from the United States
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government or its agencies or from any other source, public or private, and agree to condi-
tions placed on the moneys not inconsistent with the duties described in this section.
SECTION 4.
The Umatilla County SMR Demonstration Project Report Fund is established
in the State Treasury, separate and distinct from the General Fund. Interest earned by the
Umatilla County SMR Demonstration Project Report Fund shall be credited to the fund. All
moneys in the Umatilla County SMR Demonstration Project Report Fund are continuously
appropriated to the State Department of Energy for the purposes of carrying out the duties
described in section 3 of this 2025 Act.
SECTION 5. (1) Sections 3 and 4 of this 2025 Act are repealed on January 2, 2027.
(2) Any moneys remaining in the Umatilla County SMR Demonstration Project Report
Fund on January 2, 2027, that are unexpended, unobligated and not subject to any conditions
shall revert to the General Fund.
SECTION 6. This 2025 Act shall be submitted to the people of Umatilla County for their
approval or rejection at the next regular general election held throughout this state.
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