SB 1418 — corporation commission; small modular reactors

House Engrossed Senate BillEngrossed corporation commission;

EXCEPT IN A COUNTY WITH FIVE HUNDRED THOUSAND PERSONS OR MORE, PREVENT, RESTRICT OR OTHERWISE REGULATE THE USE OR OCCUPATION OF LAND OR IMPROVEMENTS FOR THE CONSTRUCTION AND OPERATION OF A SMALL MODULAR REACTOR, IF ALLTHE OFSMALL THEMODULAR FOLLOWINGREACTOR HAVEIS BEENCOLOCATED METWITH BEFOREA CONSTRUCTIONLARGE OFINDUSTRIAL THEENERGY SMALLUSER MODULARTHAT REACTOR:RECEIVED ALL APPLICABLE ZONING ENTITLEMENTS.

(a)FOR THE SMALLPURPOSES MODULAROF REACTORTHIS ISPARAGRAPH, COLOCATED"COLOCATED WITHWITH", AN"LARGE EXTRAINDUSTRIAL HIGHENERGY LOADUSER" FACTORAND CUSTOMER"SMALL ASMODULAR DEFINEDREACTOR" BYHAVE THE CORPORATIONSAME COMMISSIONMEANINGS ANDADOPTED THATBY RECEIVEDTHE ALLCORPORATION APPLICABLECOMMISSION ZONINGPURSUANT ENTITLEMENTS.TO SECTION 40-360.14.

(b) THE SMALL MODULAR REACTOR RECEIVED A DESIGN CERTIFICATION AS PRESCRIBED IN 10 CODE OF FEDERAL REGULATIONS PART 52 FROM A FEDERAL AGENCY OR COMMISSION THAT REGULATES PUBLIC HEALTH AND SAFETY RELATING TO THE OPERATION OF NUCLEAR REACTORS.

(c) THE SMALL MODULAR REACTOR IS NOT EITHER OF THE FOLLOWING:

(i) LOCATED WITHIN A COUNTY ISLAND AS DEFINED IN SECTION 11-251.12.

(ii) LOCATED WITHIN THREE MILES OF THE BOUNDARIES OF A MUNICIPALITY OR THE MUNICIPAL PLANNING AREA OF THE MUNICIPALITY, AS DESIGNED IN THE LAND USE MAP OF THE MUNICIPALITY'S GENERAL PLAN.

THIS ITEM APPLIES REGARDLESS OF WHETHER THE MUNICIPALITY HAS EXERCISED EXTRATERRITORIAL JURISDICTION PURSUANT TO SECTION 9-462.07.

(d) THE OWNER OR OPERATOR OF THE SMALL MODULAR REACTOR HAS SUBMITTED TO THE BOARD OF SUPERVISORS OF THE COUNTY IN WHICH THE PROPOSED SMALL MODULAR REACTOR IS LOCATED BOTH OF THE FOLLOWING:

(i) THE DESIGN CERTIFICATION FOR THE SMALL MODULAR REACTOR AS PRESCRIBED IN SUBDIVISION (b) OF THIS PARAGRAPH.

(ii) A MAP THAT SHOWS THAT THE LOCATION OF THE SMALL MODULAR REACTOR SATISFIES THE REQUIREMENTS OF SUBDIVISION (c) OF THIS PARAGRAPH.

Subject to subsections E and F of this section, a county and the state mine inspector may jointly adopt, as internal administrative regulations, reasonable aggregate mining -operations 2zoning -district S.B.standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation.

1418 operations zoning district standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation.

The committee consists of not more than seven operators, or representatives of operators, of active aggregate mining operations in any district within the county and an equal number of private citizens, who are not operators, who- are2 not- employedS.B. by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established.

1418 who are not employed by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established.

Within ninety days after an aggregate mining operations recommendation committee is established, the committee shall notify all existing aggregate mining operators in the district of the application of -this 3section -and S.B.title 27, chapter 3, article 6 to the aggregate mining operation.

1418 this section and title 27, chapter 3, article 6 to the aggregate mining operation.

Any administrative regulations adopted by a board of supervisors pursuant to this section are not effective until the regulations are approved- by3 the- stateS.B. mine inspector.

1418 approved by the state mine inspector.

The county shall pay for relocating the outdoor advertising use or structure, including the cost of removing and constructing the new use or -structure 4that -is S.B.at least the same size and height.

1418 structure that is at least the same size and height.

5.

"SMALL MODULAR REACTOR" MEANS A GENERATION III+ OR GENERATION IV NUCLEAR GENERATING UNIT WITH A NAMEPLATE RATING OF NOT MORE THAN THREE HUNDRED MEGAWATTS.

1.- 4 - S.B.

1418 1.

"Plant" means each separate thermal OR NONTHERMAL electric, nuclear or hydroelectric generating unit OR A SMALL MODULAR REACTOR with a -nameplate 5rating -of S.B.one TWO hundred megawatts or more for which expenditures or financial commitments for land acquisition, materials, construction or engineering exceeding $50,000 have not been made before August 13, 1971.

1418 nameplate rating of one TWO hundred megawatts or more for which expenditures or financial commitments for land acquisition, materials, construction or engineering exceeding $50,000 have not been made before August 13, 1971.

Sec.- 5 - S.B.

1418 Sec.

A utility may replace a conductor or wire on a transmission line or may replace an existing transmission line structure or structures with a new transmission line structure or structures without seeking a new certificate of environmental compatibility and without holding a hearing -under 6this -article S.B.if the replacement is on a transmission line that previously received a certificate of environmental compatibility or that was in use or authorized before August 13, 1971.

1418 under this article if the replacement is on a transmission line that previously received a certificate of environmental compatibility or that was in use or authorized before August 13, 1971.

FOR THE PURPOSES OF THIS SUBSECTION, "SMALL MODULAR REACTOR" MEANS A GENERATION III+ OR GENERATION IV NUCLEAR GENERATING UNIT WITH A NAMEPLATE RATING OF NOT MORE THAN THREE HUNDRED MEGAWATTS.

No EXCEPT AS PROVIDED IN SECTION 40-360.14, SUBSECTIONS B AND C, A utility may NOT construct a plant or transmission line within this state until it has received a certificate of environmental compatibility from the- committee6 with- respectS.B. to the proposed site, affirmed and approved by an order of the commission which shall be issued not less than thirty days nor more than sixty days after the certificate is issued by the committee, except that within fifteen days after the committee has rendered its written decision any party to a certification proceeding may request a review of the committee's decision by the commission.

1418 the committee with respect to the proposed site, affirmed and approved by an order of the commission which shall be issued not less than thirty days nor more than sixty days after the certificate is issued by the committee, except that within fifteen days after the committee has rendered its written decision any party to a certification proceeding may request a review of the committee's decision by the commission.

The committee or any party to a decision by the commission pursuant to subsection B of this section may request the commission to -reconsider 7its -decision S.B.within thirty days after the decision is issued.

1418 reconsider its decision within thirty days after the decision is issued.

applicability;applicability A.

definitionNOTWITHSTANDING A.SECTIONS 40-360.03 AND 40-360.07, A UTILITY, AFTER PROVIDING THIRTY DAYS' WRITTEN NOTICE TO THE COMMISSION, MAY CONSTRUCT A NEW SMALL MODULAR REACTOR IN THIS STATE WITHOUT FILING AN APPLICATION FOR OR RECEIVING A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY IF THE NEW SMALL MODULAR REACTOR IS COLOCATED WITH A LARGE INDUSTRIAL ENERGY USER.

NOTWITHSTANDING SECTIONS 40-360.03 AND 40-360.07, A UTILITY, AFTER PROVIDING THIRTY DAYS' WRITTEN NOTICE TO THE COMMISSION, MAY CONSTRUCT A NEW SMALL MODULAR REACTOR IN THIS STATE WITHOUT FILING AN APPLICATION FOR OR RECEIVING A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY IF THE NEW SMALL MODULAR REACTOR IS COLOCATED WITH AN EXTRA HIGH LOAD FACTOR CUSTOMER AS DEFINED BY THE COMMISSION.

C.- 7 - S.B.