,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dffg ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjad ,mr4 ,welch introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,atomic ,energy ,act of #aied to provide for consultation with ,state and local governments1 the consideration of ,state and local concerns1 and the approval of post-shutdown decommissioning activities reports by the ,nuclear ,regulatory ,commission4 #a4 ,short title ,this ,act may be cited as the ,nuclear ,plant ,decommissioning ,act of #bjad4 #b4 ,post-shutdown decommissioning activities reports ,chapter #aj of title ,i of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baca et seq47 is amended by adding at the end the following3 #aac4 ,post-shutdown decommissioning activities reports 7a7 ,definitions ,in this section3 7#a7 ,affected ,state ,the term affected ,state means-- 7,a7 the host ,state of a covered facility2 and 7,b7 each ,state that is within #ej miles of a covered facility4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,covered facility ,the term covered facility means a facility of a licensee for which a ,,psdar is required4 7#d7 ,host ,state ,the term host ,state means the ,state in which a covered facility is located4 7#e7 ,licensee ,the term licensee has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or any successor regulation74 7#f7 ,,psdar ,the term ,,psdar means a post-shutdown decommissioning activities report submitted to the ,commission and affected ,states under section #ej4hb7;a77#d77;i7 of title #aj1 ,code of ,federal ,regulations 7or any successor regulation74 7b7 ,development2 initial consultation ,a licensee shall develop a proposed ,,psdar for a covered facility after consultation with-- 7#a7 each affected ,state2 and 7#b7 each unit of local government and tribal government in the affected ,state that is located within #ej miles of the covered facility4 7c7 ,submission to ,commission2 additional consultation 7#a7 ,in general ,after additional consultation with the entities described in subsection 7b7 with respect to the proposed ,,psdar developed under that subsection1 the licensee shall-- 7,a7 submit to the ,commission the proposed ,,psdar2 and 7,b7 on submission of the proposed ,,psdar under subparagraph 7,a71 make the proposed ,,psdar readily available to the public4 7#b7 ,public availability ,on receipt of the proposed ,,psdar under paragraph 7#a71 the ,commission shall make the proposed ,,psdar readily available to the public4 7d7 ,public participation ,during a period of at least #ij days beginning on the date on which the licensee submits the proposed ,,psdar to the ,commission under subsection 7c71 the ,commission shall solicit public participation on the proposed ,,psdar in the host ,state1 including through-- 7#a7 the solicitation of written comments from the public2 and 7#b7 the conduct of at least #b public hearings within the host ,state4 7e7 ,support or nonsupport by host ,state 7#a7 ,in general ,not later than #fj days after the receipt of a proposed ,,psdar for a covered facility1 the ,commission shall invite the host ,state to file with the ,commission1 by the date that is #fj days after the date on which the host ,state receives the invitation under this paragraph-- 7,a7 a statement of support for the proposed ,,psdar2 7,b7 a statement of conditional support for the proposed ,,psdar1 with specific recommendations for changes that could lead the host ,state to support the proposed ,,psdar2 or 7,c7 a statement of nonsupport for the proposed ,,psdar4 7#b7 ,statement of support or nonsupport2 failure to submit 7,a7 ,in general ,if the host ,state files a statement of support under paragraph 7#a77;,a71 a statement of nonsupport under paragraph 7#a77;,c71 or fails to file a statement with the ,commission by the deadline specified in paragraph 7#a71 the ,commission shall issue a determination on whether the proposed ,,psdar is adequate or inadequate-- 7i7 based on the considerations described in subparagraph 7,b72 and 7ii7 after taking into account-- 7,i7 any written comments submitted by the host ,state1 other ,states1 and local communities with respect to the proposed ,,psdar2 and 7,,ii7 any input from the public under subsection 7d74 7,b7 ,considerations ,the ,commission shall consider a proposed ,,psdar to be adequate under subparagraph 7,a7 if the ,commission determines that-- 7i7 the proposed ,,psdar provides for the overall protection of human health and the environment2 7ii7 the licensee has a substantial likelihood of implementing the proposed ,,psdar within the timeframe described in the proposed ,,psdar2 7iii7 the proposed ,,psdar is in accordance with applicable law 7including regulations72 and 7iv7 the licensee has proactively demonstrated that the licensee has1 or will have1 the funds required to fully implement the proposed ,,psdar within the timeframe described in the proposed ,,psdar4 7,c7 ,determination of adequacy ,if the ,commission determines that the proposed ,,psdar is adequate under subparagraph 7,a71 the ,commission shall issue a decision document approving the ,,psdar4 7,d7 ,determination of inadequacy ,if the ,commission determines that the proposed ,,psdar is inadequate under subparagraph 7,a7-- 7i7 the ,commission shall issue a decision rejecting the proposed ,,psdar1 including the reasons for the decision2 and 7ii7 the licensee shall develop and submit to the ,commission a new proposed ,,psdar in accordance with this section4 7#c7 ,conditional support by host ,state 7,a7 ,in general ,the ,commission shall determine whether the proposed ,,psdar is permissible under applicable law 7including regulations7 if the host ,state files a statement of conditional support for the proposed ,,psdar with the ,commission in accordance with paragraph 7#a77;,b74 7,b7 ,changes ,for each change recommended by the host ,state under paragraph 7#a77;,b71 the ,commission shall-- 7i7 provide for the inclusion of the change into the final ,,psdar1 unless the ,commission determines the change to be inappropriate for inclusion1 based on clear and convincing evidence provided by the licensee that-- 7,i7 the change violates applicable law2 or 7,,ii7 the costs of the change substantially outweigh the safety1 economic1 or environmental benefits of the change to the host ,state2 and 7ii7 provide the rationale for a determination of inappropriateness under clause 7i74 7,c7 ,decision document 7i7 ,in general ,based on the determinations made under subparagraphs 7,a7 and 7,b71 the ,commission shall issue a decision document that-- 7,i7 accepts the proposed ,,psdar with any changes recommended by the host ,state that are not determined to be inappropriate under subparagraph 7,b72 or 7,,ii7 rejects the proposed ,,psdar4 7ii7 ,applicable law ,a decision document issued under clause 7i7 shall be considered to be a final order entered in a proceeding under section #ahi7;a74 7,d7 ,acceptance ,if the ,commission approves the proposed ,,psdar under subparagraph 7,c77i77,i7-- 7i7 the ,,psdar is final2 and 7ii7 the licensee may begin implementation of the ,,psdar4 7,e7 ,rejection ,if the ,commission rejects the proposed ,,psdar under subparagraph 7,c77i77,,ii71 the licensee shall develop and submit to the ,commission a new proposed ,,psdar in accordance with this section4 7f7 ,additional requirement ,notwithstanding any other provision of this section1 a ,commission shall not approve a ,,psdar under this section unless the proposed ,,psdar includes a requirement that the licensee comply with applicable ,state law relating to air1 water1 or soil quality or radiological standards with respect to the implementation of the proposed ,,psdar if the applicable ,state law is more restrictive than the applicable ,federal law4 4