,,ii #aacth ,,congress #b;d ,session ,s4 #bcbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjad ,mr4 ,markey 7for himself1 ,mrs4 ,boxer1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,nuclear ,waste ,policy ,act of #aihb to provide for the expansion of emergency planning zones and the development of plans for dry cask storage of spent nuclear fuel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,dry ,cask ,storage ,act of #bjad4 #b4 ,emergency planning zones2 ,dry cask storage of spent nuclear fuel 7a7 ,in general ,title ,i of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaba et seq47 is amended by adding at the end the following3 ,i ,emergency ,planning ,zones2 ,dry cask storage of spent nuclear fuel #ahe4 ,definitions ,in this subtitle3 7#a7 ,emergency planning zone ,the term emergency planning zone means the emergency planning zone that is delineated with respect to the plume exposure pathway 7as defined in section #cej4b of title #dd1 ,code of ,federal ,regulations 7or any successor regulation77 of a civilian nuclear power reactor4 7#b7 ,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#c7 ,spent nuclear fuel dry cask ,the term spent nuclear fuel dry cask means a container 7including any components and systems associated with the container7 in which spent nuclear fuel is stored at an independent spent fuel storage facility-- 7,a7 that is-- 7i7 licensed by the ,commission2 and 7ii7 located at a civilian nuclear power reactor site2 and 7,b7 the design of which-- 7i7 includes a realistic security1 seismic1 and flooding design basis1 as determined by the ,commission2 and 7ii7 is approved by the ,commission4 #ahf4 ,plan for dry cask storage of spent nuclear fuel 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 each licensee shall submit to the ,commission a plan that provides for-- 7#a7 by the deadline specified in subsection 7b71 the transfer to spent nuclear fuel dry casks of any spent nuclear fuel that is-- 7,a7 stored by the licensee in spent nuclear fuel pools2 and 7,b7 qualified to be placed in spent nuclear fuel dry casks1 in accordance with subsection 7d72 7#b7 on completion of the transfer under paragraph 7#a71 the additional transfer1 on an ongoing basis1 of any additional spent nuclear fuel that is stored by the licensee in spent nuclear fuel pools and that1 after the date of the transfer under paragraph 7#a71 is determined to be qualified to be placed in spent nuclear fuel dry casks1 in accordance with subsection 7d71 subject to the requirement that each additional transfer shall be completed by the date that is #a year after the date on which the applicable spent nuclear fuel is determined to be qualified to be placed in spent nuclear fuel dry casks1 in accordance with that subsection2 and 7#c7 the configuration of the remaining spent nuclear fuel in the spent nuclear fuel pool in a manner that minimizes the chance of a fire if there is a loss of water in the spent nuclear fuel pool4 7b7 ,deadline for transfer ,the deadline for transfer referred to in subsection 7a77#a7 is not later than the date that is #g years after the date of submission of the plan4 7c7 ,approval or disapproval by ,commission 7#a7 ,in general ,not later than #ij days after the date on which a plan is submitted under subsection 7a71 the ,commission shall approve or disapprove the plan4 7#b7 ,action following disapproval ,if the ,commission disapproves a plan under paragraph 7#a71 the ,commission shall-- 7,a7 advise the licensee in writing of the reasons for the disapproval2 7,b7 make recommendations for revisions to the plan1 which shall be submitted to the ,commission by the date that is #cj days after the date on which the ,commission provides notice of the disapproval under subparagraph 7,a72 and 7,c7 not later than #cj days after the date of receipt of a revised plan under subparagraph 7,b71 approve or disapprove the revised plan4 7d7 ,qualification for placement in spent nuclear fuel dry casks 7#a7 ,in general ,except as provided in paragraph 7#b71 spent nuclear fuel shall be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if the spent nuclear fuel has been stored in spent nuclear fuel pools for a period of at least #g years4 7#b7 ,exception ,notwithstanding paragraph 7#a71 spent nuclear fuel shall not be considered to be qualified to be placed in spent nuclear fuel dry casks under this section if there does not exist an approved spent nuclear fuel dry cask in which the spent nuclear fuel may be placed4 7e7 ,grants 7#a7 ,in general ,subject to paragraph 7#c71 the ,commission may provide to any licensee that has a plan approved under subsection 7c7 a grant to assist in the cost of transferring spent nuclear fuel to spent nuclear fuel dry casks under the approved plan4 7#b7 ,preference ,in providing grants under paragraph 7#a71 the ,commission shall give preference to funding the implementation of approved plans-- 7,a7 at civilian nuclear power reactors at which the spent nuclear fuel pools are close to being filled to capacity2 7,b7 that are supported by the ,state or unit of local government in which the civilian nuclear power reactor is located2 and 7,c7 at civilian nuclear power reactors that have permanently ceased operations4 7#c7 ,limitation ,no grants may be provided under paragraph 7#a7 to a licensee that the ,commission determines is not in compliance with the approved plan1 in accordance with subsection 7f74 7f7 ,biennial ,review ,beginning on the date that is #b years after the date on which a plan is approved under subsection 7c7 and every #b years thereafter1 the ,commission shall conduct a review to determine whether the licensee is in compliance with the approved plan4 #ahg4 ,expansion and applicability of emergency planning zone 7a7 ,in general ,the emergency planning zone that is applicable to each civilian nuclear power reactor shall be at least #aj miles in radius until the date on which all spent nuclear fuel at the civilian nuclear power reactor has been transferred to spent nuclear fuel dry casks4 7b7 ,expansion of emergency planning zone 7#a7 ,in general ,except as provided in paragraph 7#b7 and subject to paragraph 7#c71 by the date that is #ah months after the date of enactment of this section1 the ,commission shall expand the emergency planning zone that is applicable to each civilian nuclear power reactor to #ej miles in radius4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any civilian nuclear power reactor that is in compliance with a plan approved by the ,commission under section #ahf7;c71 as determined by the ,commission under section #ahf7;f74 7#c7 ,payment of costs ,the licensee shall be responsible for all costs associated with the expansion of the applicable emergency planning zone under paragraph 7#a74 4 7b7 ,use of interest ,section #cjb7;e7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;e77 is amended by adding at the end the following3 7#g7 ,use of interest ,annually1 the ,secretary of the ,treasury shall transfer to the ,commission an amount equal to at least #aj percent of the amount of interest generated during the preceding fiscal year under paragraph 7#c7 for use1 without further appropriation or fiscal year limitation1 to pay the costs of carrying out section #ahf7;e74 4