Pennsylvania Act 2026-37 — RADIATION PROTECTION ACT - SMALL MODULAR REACTOR AND MICROREACTOR FEES AND CREATION OF SPECIAL FUNDS

Act text

Session of 2026

No. 2026-37

HB 2017

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, 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 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:

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"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.

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"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.

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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 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, 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 4. This act shall take effect in 60 days.

APPROVED--The 20th day of July, A.D. 2026.

JOSH SHAPIRO