HB 2017 — 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'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2025 No.

3686INTRODUCED THEBY GENERALGIRAL, ASSEMBLYFIEDLER, OFMcANDREW, PENNSYLVANIADAVIDSON, HOUSEVENKAT, BILLPIELLI, SessionNEILSON, FRANKEL, BOROWSKI, SANCHEZ, RIVERA, K.HARRIS, MERSKI, GREEN, SCOTT, CIRESI, BOYD AND GILLEN, NOVEMBER 5, 2025 REFERRED TO COMMITTEE ON ENERGY, NOVEMBER 6, 2025 AN ACT Amending the act of No.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;

2017 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 Ame"An act combining the radiation safety provisions of Theed Atomic Energy Development and Radiation Control Act and the Environmental Radiation Protection Act;

expanding the authority of the department to regulate other radiationresponse; sources;

providing for radiation emergency response;

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,ghtprovisions, of 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.

Section 402 of the act is amended by adding a <-- subsection to read:

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 20250HB2017PN3686 - 2 - activities under this act.

(2) Payments collected under this subsection shall be 20250HB2017PN2556 - 2 - deposited into the Radiation Protection Fund.

* * * SECTIONSection 2.3.

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 20250HB2017PN3686 - 3 - 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, 20250HB2017PN3686 - 4 - 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.