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, further providing for nuclear facility and transport fees.

PRIOR PRINTER'S NO. 3220 PRINTER'S NO. 3371
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2450
Session of
2026
INTRODUCED BY MEHAFFIE, FIEDLER, BRENNAN, CIRESI, DOUGHERTY,
FLEMING, GAYDOS, HANBIDGE, HILL-EVANS, NEILSON, RIVERA,
SANCHEZ, STEELE, VENKAT, KENYATTA, BOROWSKI, DONAHUE AND
INGLIS, APRIL 16, 2026
AS REPORTED FROM COMMITTEE ON ENERGY, HOUSE OF REPRESENTATIVES,
AS AMENDED, MAY 6, 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.
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
adding a definition to read:
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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:
* * *
"Independent spent fuel storage installation" or "ISFSI."
(1) A complex designed and constructed for the interim
storage of:
(i) Spent nuclear fuel.
(ii) Solid, reactor-related, greater than Class C
waste.
(iii) Other associated radioactive materials.
(2) A spent fuel storage installation may be considered
independent, even if it is located on the site of a facility
licensed by the NRC.
* * *
Section 2. Section 402(b.1)(1) and (4) and (c)(1.1)(i.1)
introductory paragraph and (ii) and (4) of the act are amended,
subsection (c)(1.1) is amended by adding a subparagraph and the
section is amended by adding subsections to read:
Section 402. Nuclear facility and transport fees.
* * *
(b.1) Department fees.--
(1) Within 30 days of the effective date of this
subsection, each person who has a current nuclear power
reactor construction permit or operating license from the NRC
for a site within this Commonwealth shall pay the department
$100,000 per nuclear power reactor site, regardless of the
number of individual nuclear power reactors located at the
site. By July 1, 2007, and July 1 of each year thereafter,
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each person who has a current nuclear power reactor
construction permit or operating license from the NRC for a
site within this Commonwealth shall pay the department an
annual fee of [$650,000] $825,000 per nuclear power reactor
site, regardless of the number of individual nuclear power
reactors located at the site. For the purposes of this
subsection only, a nuclear power reactor site shall be deemed
to be the location of one or more individual nuclear power
reactors which still has spent nuclear fuel stored onsite in
a spent nuclear fuel pool or temporary locations outside the
ISFSI, has not been fully dismantled and decommissioned
pursuant to applicable Federal law and regulations and has
not been granted license termination by the NRC.
* * *
(4) Prior to the date of a shipment that requires an
escort, each shipper of spent nuclear fuel, high-level waste,
transuranic waste or a large quantity of radioactive material
who ships to, within, through or across this Commonwealth
shall pay to the department a fee of [$500] $1,000 per
individual vehicle shipment or [$1,000] $1,500 per railroad
or river barge shipment.
* * *
(b.3) Cost recovery for shut-down reactors.--A person who
owns, operates or manages a nuclear power reactor site with one
or more reactors that have been permanently shut down and the
spent nuclear fuel has been removed from the reactor vessel,
spent nuclear fuel pool and any other temporary storage area
where all spent nuclear fuel temporarily stored in dry casks
onsite within an NRC-approved ISFSI shall be subject to actual
agency cost recovery for any costs incurred by the agency to
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respond to or mitigate an incident at the site. Nothing in this
subsection shall be construed to supersede any indemnification,
limitation of liability or any other provision of 42 U.S.C. §
2210 (relating to indemnification and limitation of liability).
(c) Agency fees.--
(1.1) * * *
(i.1) By July 1, 2015, and July 1 of each year
thereafter through the effective date of subparagraph
(i.2), each person who has a current nuclear power
reactor construction permit or operating license from the
NRC for a site within this Commonwealth shall pay the
agency the following fees, regardless of the number of
individual nuclear power reactors located at the site:
* * *
(i.2) Within 30 days of the effective date of this
subparagraph and July 1 of each year thereafter, each
person who has a current nuclear power reactor
construction permit or operating license from the NRC for
a site within this Commonwealth shall pay the agency the
following fees, regardless of the number of individual
nuclear power reactors located at the site:
(A) $375,000 to be collected and used by the
agency in accordance with the provisions of 35
Pa.C.S. § 7320.
(B) $225,000 to be collected and used by the
agency for radiological emergency response equipment,
planning, training and exercise costs involving
nonagency personnel.
(ii) Payments collected under subparagraphs (i)(A)
[and], (i.1)(A) and (i.2)(A) shall be deposited into the
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Radiological Emergency Response Planning and Preparedness
Program Fund established pursuant to 35 Pa.C.S. §
7320(c). Payments collected under subparagraphs (i)(B)
[and], (i.1)(B) and (i.2)(B) shall be deposited into the
Radiation Emergency Response Fund. For the purposes of
this subsection only, a nuclear power reactor site shall
be deemed to be the location of one or more individual
nuclear power reactors which still has spent nuclear fuel
stored onsite, has not been fully dismantled and
decommissioned pursuant to applicable Federal law and
regulations and has not been granted license termination
by the NRC.
* * *
(4) Prior to the proposed date of a shipment that
requires an escort, each shipper of spent nuclear fuel, high-
level waste, transuranic waste or a large quantity of
radioactive material who ships to, within, through or across
the boundaries of this Commonwealth shall pay to the agency a
fee of [$2,500] $3,000 per individual vehicle shipment or
[$4,500] $5,000 per railroad car or river barge shipment.
* * *
(c.1) Annual fee.--
(1) A nuclear power reactor site with one or more
reactors that have permanently shut down and had the spent
nuclear fuel removed from the reactor vessel, spent nuclear
fuel pool and any other temporary storage area with all spent
nuclear fuel temporarily stored in dry casks onsite within an
NRC-approved ISFSI shall pay the department an annual fee of
$100,000 per year before July 1 of each year. The annual fee
shall remain in place until all spent nuclear fuel is removed
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from the ISFSI and nuclear power reactor site.
(2) An individual nuclear power reactor required to pay
the annual fee under this subsection shall not be subject to
the fees under subsections (b)(1) and (d) (B.1)(1) AND (C)
(1.1) .
* * *
Section 3. This act shall take effect in 30 days.
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