An Act amending the act of July 10, 1984 (P.L.688, No.147), known as the Radiation Protection Act, in general provisions, further providing for definitions; and, in fees, providing for small modular reactor and microreactor fees and further providing for creation of special funds.

SENATE AMENDED
PRIOR PRINTER'S NO. 2556 PRINTER'S NO. 3686
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2017
Session of
2025
INTRODUCED BY GIRAL, FIEDLER, McANDREW, DAVIDSON, VENKAT,
PIELLI, NEILSON, FRANKEL, BOROWSKI, SANCHEZ, RIVERA,
K. HARRIS, MERSKI, SCOTT, CIRESI, BOYD, GILLEN, WAXMAN AND
MEHAFFIE, NOVEMBER 5, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 23, 2026
AN ACT
Amending the act of July 10, 1984 (P.L.688, No.147), entitled
"An act combining the radiation safety provisions of The
Atomic Energy Development and Radiation Control Act and the
Environmental Radiation Protection Act; empowering the
Department of Environmental Resources to implement a
comprehensive Statewide radiation protection program; further
providing for the power of the Environmental Quality Board
and for the duties of the Environmental Hearing Board;
expanding the authority of the department to regulate other
radiation sources; providing for radiation emergency
response; establishing requirements for transport of spent
reactor fuel; establishing fees; providing penalties; making
repeals; and authorizing and directing the Department of
Environmental Resources and the Governor to convey ownership
to the Carl A. White Acid Mine Drainage Treatment Plant,
situated in Washington Township, Indiana County,
Pennsylvania, to the County of Indiana, subject to a right of
reverter for stated conditions," in general provisions,
further providing for definitions; and, in fees, further
providing for nuclear facility and transport fees. PROVIDING
FOR SMALL MODULAR REACTOR AND MICROREACTOR FEES AND FURTHER
PROVIDING FOR CREATION OF SPECIAL FUNDS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of July 10, 1984 (P.L.688,
No.147), known as the Radiation Protection Act, is amended by
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adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Microreactor." An advanced nuclear reactor with a rated
nameplate capacity of 100 electrical megawatts or less that can
be constructed and operated in combination with similar reactors
at a single site.
* * *
"Small modular reactor." An advanced nuclear reactor with a
rated nameplate capacity of 400 electrical megawatts or less
that can be constructed and operated in combination with similar
reactors at a single site.
* * *
Section 2. Section 402 of the act is amended by adding a
subsection to read:
Section 402. Nuclear facility and transport fees.
* * *
(d.1) Small modular reactor and microreactor fees.--
(1) The department may, at the department's discretion,
lower the fee amounts under subsections (b.1)(1), (c)(1.1)(i)
and (i.1) for small modular reactor and microreactor sites
located within this Commonwealth. The fees shall be in an
amount sufficient to cover the department's costs of
administering the act regarding the activities conducted at
the sites, including environmental monitoring, end-of-life
decommissioning oversight and administrative oversight
associated with small modular reactor and microreactor
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activities under this act.
(2) Payments collected under this subsection shall be
deposited into the Radiation Protection Fund.
(3) The department may exempt small modular reactor or
microreactor sites from any fee required under this section
that is not applicable to the site's activities.
(4) Each person that holds a construction permit or
operating license from the NRC for a small modular reactor or
microreactor at a site within this Commonwealth shall be
subject to the regulations and orders issued under this act.
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 402.1. SMALL MODULAR REACTOR AND MICROREACTOR FEES.
(A) ANNUAL FEES.--A PERSON HOLDING A NUCLEAR POWER REACTOR
CONSTRUCTION PERMIT OR OPERATING LICENSE FROM THE NRC SHALL PAY
FEES TO COVER THE COSTS OF THE PROGRAMS UNDER THIS ACT.
(B) PAYMENT TO DEPARTMENT.--WITHIN 30 DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, AND EACH JULY 1 THEREAFTER, EACH PERSON
HOLDING A NUCLEAR POWER REACTOR CONSTRUCTION PERMIT OR OPERATING
LICENSE FROM THE NRC FOR A MICROREACTOR OR SMALL MODULAR REACTOR
ON A SITE IN THIS COMMONWEALTH SHALL PAY THE DEPARTMENT AN
AMOUNT DETERMINED BY THE DEPARTMENT TO BE SUFFICIENT TO COVER
THE DEPARTMENT'S COSTS OF ADMINISTERING THIS ACT, INCLUDING
ENVIRONMENTAL MONITORING, END-OF-LIFE DECOMMISSIONING OVERSIGHT
AND ADMINISTRATIVE OVERSIGHT ASSOCIATED WITH SMALL MODULAR
REACTOR AND MICROREACTOR ACTIVITIES. THE DEPARTMENT SHALL NOT
IMPOSE A FEE THAT IS LESS THAN $10,000 OR MORE THAN $50,000 PER
SITE, REGARDLESS OF THE NUMBER OF INDIVIDUAL SMALL MODULAR
REACTORS OR MICROREACTORS LOCATED AT THE SITE.
(C) PAYMENT TO AGENCY.--WITHIN 30 DAYS OF THE EFFECTIVE DATE
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OF THIS SECTION, AND EACH JULY 1 THEREAFTER, EACH PERSON HOLDING
A NUCLEAR POWER REACTOR CONSTRUCTION PERMIT OR OPERATING LICENSE
FROM THE NRC FOR A MICROREACTOR OR SMALL MODULAR REACTOR ON A
SITE IN THIS COMMONWEALTH SHALL PAY THE AGENCY THE FOLLOWING
FEES, REGARDLESS OF THE NUMBER OF INDIVIDUAL SMALL MODULAR
REACTORS OR MICROREACTORS LOCATED AT THE SITE:
(1) AN AMOUNT NOT LESS THAN $10,000 OR MORE THAN
$50,000, AS DETERMINED BY THE AGENCY, TO BE COLLECTED AND
USED BY THE AGENCY IN ACCORDANCE WITH THE PROVISIONS OF 35
PA.C.S. § 7320 (RELATING TO RADIOLOGICAL EMERGENCY RESPONSE
PREPAREDNESS, PLANNING AND RECOVERY PROGRAM).
(2) AN AMOUNT NOT LESS THAN $10,000 OR MORE THAN
$50,000, AS DETERMINED BY THE AGENCY, TO BE COLLECTED AND
USED BY THE AGENCY FOR RADIOLOGICAL EMERGENCY RESPONSE
EQUIPMENT, PLANNING, TRAINING AND EXERCISE COSTS INVOLVING
NONAGENCY PERSONNEL.
(D) DEPOSIT.--PAYMENTS COLLECTED BY THE AGENCY UNDER
SUBSECTION (C)(1) SHALL BE DEPOSITED INTO THE RADIOLOGICAL
EMERGENCY RESPONSE PLANNING AND PREPAREDNESS PROGRAM FUND
ESTABLISHED UNDER 35 PA.C.S. § 7320(C). PAYMENTS COLLECTED BY
THE AGENCY UNDER SUBSECTION (C)(2) SHALL BE DEPOSITED INTO THE
RADIATION EMERGENCY RESPONSE FUND ESTABLISHED UNDER SECTION
403(B). PAYMENTS COLLECTED BY THE DEPARTMENT UNDER SUBSECTION
(B) SHALL BE DEPOSITED INTO THE RADIATION PROTECTION FUND
ESTABLISHED UNDER SECTION 403(A).
(E) FEE REVIEW.--BEGINNING IN 2030 AND EVERY THREE YEARS
THEREAFTER, THE DEPARTMENT AND THE AGENCY SHALL EACH REVIEW THE
FEES PAID TO THE DEPARTMENT AND AGENCY. IF THE DEPARTMENT OR
AGENCY DETERMINES A CHANGE IN THE AMOUNT OF FEES IS NECESSARY TO
COVER THE COSTS OF ADMINISTERING THE PROGRAMS UNDER THIS ACT,
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THE ENVIRONMENTAL QUALITY BOARD OR AGENCY SHALL PROMULGATE
REGULATIONS REQUIRED TO SET NEW FEE AMOUNTS IN AN AMOUNT AT
LEAST SUFFICIENT TO COVER THE DEPARTMENT OR AGENCY COSTS TO
ADMINISTER THE PROGRAMS.
SECTION 3. SECTION 403 OF THE ACT IS AMENDED TO READ:
SECTION 403. CREATION OF SPECIAL FUNDS.
(A) RADIATION PROTECTION FUND.--THERE IS HEREBY CREATED IN
THE GENERAL FUND A RESTRICTED ACCOUNT TO BE KNOWN AS THE
RADIATION PROTECTION FUND. FEES AND PENALTIES RECEIVED UNDER
SECTIONS 401 [AND], 402(B.1)(1), (2), (3) AND (4) AND 402.1(B)
AND COSTS RECOVERED UNDER SECTION 402(B.2) SHALL BE DEPOSITED IN
[THIS] THE FUND AND ARE HEREBY APPROPRIATED TO THE DEPARTMENT
FOR THE PURPOSE OF CARRYING OUT ITS POWERS AND DUTIES UNDER THIS
ACT.
(B) RADIATION EMERGENCY RESPONSE FUND.--THERE IS HEREBY
CREATED IN THE GENERAL FUND A RESTRICTED ACCOUNT TO BE KNOWN AS
THE RADIATION EMERGENCY RESPONSE FUND. FEES RECEIVED UNDER
[SECTION] SECTIONS 402(C)(1.1)(I)(B), (2) AND (3) AND 402.1(C)
(2) SHALL BE DEPOSITED IN [THIS] THE FUND AS PROVIDED AND ARE
HEREBY APPROPRIATED TO THE AGENCY FOR THE PURPOSE OF CARRYING
OUT ITS RESPONSIBILITIES UNDER CHAPTER 5.
(C) RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND.--THERE
IS HEREBY CREATED IN THE GENERAL FUND A RESTRICTED ACCOUNT TO BE
KNOWN AS THE RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND.
FEES RECEIVED UNDER SECTION 402(C)(4) SHALL BE DEPOSITED IN
[THIS] THE FUND AND ARE HEREBY APPROPRIATED TO THE AGENCY FOR
THE PURPOSE OF CARRYING OUT ITS RESPONSIBILITIES UNDER CHAPTER
6.
Section 3 4. This act shall take effect in 60 days.
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