,i #aaith ,,congress #ast ,session ,h4 ,r4 #ffac ,,in ,,the ,,house ,,of ,,representatives ,december #aa1 #bjbe,ms4 ,balint introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,transportation and ,infrastructure1 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,atomic ,energy ,act of #aied to provide for consultation with ,state1 ,tribal1 and local governments1 the consideration of ,state1 ,tribal1 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 #bjbe4 #b4 ,post-shutdown decommissioning activities reports 7a7 ,in general ,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 a4 ,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 located 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 ,covered material ,the term covered material means-- 7,a7 high-level radioactive waste2 7,b7 spent nuclear fuel2 7,c7 transuranic waste2 7,d7 byproduct material that meets the requirements of section #aa e4 7#b72 and 7,e7 any other nuclear or radioactive waste or material for which the ,commission determines that a material change by the licensee in the manner of handling1 storing1 or disposing of that waste or material should be preceded by consultation under subsection b4 7#e7 ,covered ,,psdar ,the term covered ,,psdar means-- 7,a7 the initial ,,psdar for a covered facility2 and 7,b7 any subsequent ,,psdar for a covered facility in which the licensee proposes1 as determined by the ,commission-- 7i7 a significant update to the decommissioning strategy2 or 7ii7 a material change in the manner in which covered material is handled1 stored1 or disposed of4 7#f7 ,host ,state ,the term host ,state means the ,state in which a covered facility is located4 7#g7 ,license2 licensee ,the terms license and licensee have the meanings given those terms in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#h7 ,,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 successor regulations74 7#i7 ,transferee ,the term transferee means an entity to which a licensee proposes to transfer a license for a covered facility4 7#aj7 ,tribal government ,the term ,tribal government means the governing body of an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 b4 ,consultation required ,notwithstanding any other provision of law 7including regulations71 a licensee may not submit to the ,commission a proposed covered ,,psdar1 or transfer to another entity the license1 for a covered facility until the licensee and the transferee1 if applicable1 conduct consultation regarding the development of the proposed covered ,,psdar or the proposed license transfer1 as applicable1 with-- 7#a7 each affected ,state2 and 7#b7 each unit of ,state government or ,tribal government that-- 7,a7 is located in an affected ,state2 and 7,b7 has jurisdiction over land located within #ej miles of the covered facility4 c4 ,submission to ,commission2 public availability 7#a7 ,in general ,after carrying out the consultation required under subsection b4 with respect to a proposed covered ,,psdar or transfer of a license for a covered facility1 the licensee shall-- 7,a7 submit to the ,commission1 as applicable-- 7i7 the proposed covered ,,psdar2 or 7ii7 an application for transfer of a license2 and 7,b7 subject to paragraph 7#c71 make the proposed covered ,,psdar or application for transfer of a license1 as applicable1 available to the public4 7#b7 ,public availability ,on receipt of a proposed covered ,,psdar or application for transfer of a license under paragraph 7#a77;,a71 the ,commission shall1 subject to paragraph 7#c71 make the proposed covered ,,psdar or application for transfer of a license1 as applicable1 available to the public4 7#c7 ,exclusion of certain information ,in making a proposed covered ,,psdar or application for transfer of a license1 as applicable1 available to the public under paragraph 7#a77;,b7 or 7#b71 the ,commission or the licensee1 as applicable1 may redact such information as the ,commission or the licensee1 as applicable1 determines to be necessary to protect-- 7,a7 trade secrets and commercial or financial information under section #eeb7;b77#d7 of title #e1 ,united ,states ,code2 or 7,b7 national security4 d4 ,public participation ,for a period of not less than #ij days beginning on the date on which a licensee submits a proposed covered ,,psdar to the ,commission under subsection c4 7#a77;,a7 or the date on which the ,commission dockets an application for transfer of a license under section #b4aja of title #aj1 ,code of ,federal ,regulations 7or successor regulations71 as applicable1 the ,commission shall solicit in the host ,state public comments regarding the proposed covered ,,psdar or notice of proposed license transfer1 including through-- 7#a7 the solicitation of written comments2 and 7#b7 the conduct of not fewer than #b public meetings4 e4 ,support1 conditional support1 or nonsupport by host ,state 7#a7 ,in general ,not later than #fj days after the date of receipt of a proposed covered ,,psdar or the date on which the ,commission dockets an application for transfer of a license under section #b4aja of title #aj1 ,code of ,federal ,regulations 7or successor regulations71 as applicable1 for a covered facility1 the ,commission shall notify the host ,state of the opportunity to file with the ,commission1 by the date that is #fj days after the date on which the host ,state receives the notification-- 7,a7 a statement of support for the proposed covered ,,psdar or license transfer2 7,b7 a statement of conditional support for the proposed covered ,,psdar or license transfer1 together with specific recommendations for changes that could lead the host ,state to support the proposed covered ,,psdar or license transfer2 or 7,c7 a statement of nonsupport for the proposed covered ,,psdar or license transfer4 7#b7 ,statement of support or nonsupport2 failure to submit 7,a7 ,in general ,if the host ,state files with the ,commission a statement of support under paragraph 7#a77;,a7 or 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 regarding whether the proposed covered ,,psdar is adequate or inadequate or a determination regarding whether to provide consent for the proposed license transfer1 as applicable-- 7i7 based on the considerations described in subparagraph 7,b72 and 7ii7 after taking into consideration-- 7,i7 any written comments submitted by the host ,state1 other affected ,states1 and local communities with respect to the proposed covered ,,psdar or license transfer2 and 7,,ii7 any input from the public under subsection d4 7,b7 ,considerations ,the ,commission shall consider a proposed covered ,,psdar or license transfer to be adequate under subparagraph 7,a7 if the ,commission determines that-- 7i7 the proposed covered ,,psdar or license transfer provides for-- 7,i7 the overall protection of human health and the environment2 and 7,,ii7 adequate protection to the health and safety of the public and the common defense and security2 7ii7 the licensee 7and1 if applicable1 the transferee7 has a substantial likelihood of implementing the proposed covered ,,psdar or license transfer within the timeframe described in the proposed covered ,,psdar or license transfer application2 7iii7 the proposed covered ,,psdar or license transfer is in accordance with applicable law 7including regulations72 and 7iv7 the licensee 7and1 if applicable1 the transferee7 has demonstrated that the licensee has1 or will have1 the funds required to fully implement the proposed covered ,,psdar or license transfer within the timeframe described in the proposed covered ,,psdar or license transfer application1 based on-- 7,i7 a comprehensive radiological site assessment and characterization2 and 7,,ii7 a nonradiological site assessment and characterization conducted by the host ,state4 7,c7 ,determination of adequacy ,subject to paragraph 7#d71 if the ,commission determines that a proposed covered ,,psdar or license transfer is adequate under subparagraphs 7,a7 and 7,b71 the ,commission shall issue a decision document approving the covered ,,psdar or license transfer4 7,d7 ,determination of inadequacy 7i7 ,in general ,if the ,commission determines that a proposed covered ,,psdar or license transfer is inadequate under subparagraphs 7,a7 and 7,b7-- 7,i7 the ,commission shall issue a decision document rejecting the proposed covered ,,psdar or license transfer1 including a description of the reasons for the decision1 by the applicable deadline under paragraph 7#d72 and 7,,ii7 the licensee may develop and submit to the ,commission a new proposed covered ,,psdar or license transfer application in accordance with this section4 7ii7 ,certain covered ,p,s,d,a,rs ,if the ,commission rejects a proposed covered ,,psdar that is the initial ,,psdar for a covered facility1 the licensee shall develop and submit to the ,commission a new proposed covered ,,psdar in accordance with this section not later than #b years after the date of cessation of operations at the covered facility4 7#c7 ,conditional support by host ,state 7,a7 ,in general ,in any case in which the host ,state files with the ,commission a statement of conditional support of a proposed covered ,,psdar or license transfer under paragraph 7#a77;,b71 the ,commission shall determine whether the proposed covered ,,psdar or license transfer is permissible under applicable law 7including regulations74 7,b7 ,changes ,notwithstanding the adequate protection of public health and safety or the common defense and security1 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 covered ,,psdar or license transfer1 unless the ,commission determines the change to be inappropriate for inclusion1 based on clear and convincing evidence that-- 7,i7 the change violates applicable law2 or 7,,ii7 the total costs of the change substantially outweigh the safety1 economic1 or environmental benefits of the change to the host ,state2 and 7ii7 if applicable1 provide the rationale for each determination of inappropriateness under clause 7i74 7,c7 ,decision document 7i7 ,in general ,subject to paragraph 7#d71 based on the determinations made under subparagraphs 7,a7 and 7,b71 the ,commission shall issue a decision document relating to a proposed covered ,,psdar or license transfer that1 as applicable-- 7,i7 approves the proposed covered ,,psdar or license transfer 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 covered ,,psdar or license transfer4 7ii7 ,applicable law ,a decision document issued under clause 7i7 or subparagraph 7,c7 or 7,d77i7 of paragraph 7#b7 shall be considered to be a final order entered in a proceeding under section #ahi a4 7,d7 ,treatment on approval ,on approval by the ,commission of a proposed covered ,,psdar or license transfer under subparagraph 7,c77i77,i7 or paragraph 7#b77;,c7-- 7i7 the covered ,,psdar or approval of the license transfer by the ,commission shall be final2 and 7ii7 the licensee may begin implementation of the covered ,,psdar4 7,e7 ,rejection 7i7 ,in general ,if the ,commission rejects a proposed covered ,,psdar or license transfer under subparagraph 7,c77i77,,ii71 the licensee may develop and submit to the ,commission a new proposed covered ,,psdar or license transfer application in accordance with this section4 7ii7 ,certain covered ,p,s,d,a,rs ,if the ,commission rejects a proposed covered ,,psdar that is the initial ,,psdar for a covered facility1 the licensee shall develop and submit to the ,commission a new proposed covered ,,psdar in accordance with this section not later than #b years after the date of cessation of operations at the covered facility4 7#d7 ,deadline for decision document 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the ,commission shall issue a decision document relating to a proposed covered ,,psdar or license transfer under subparagraph 7,c7 or 7,d77i77,i7 of paragraph 7#b7 or paragraph 7#c77;,c77i7 by not later than #a year after the date on which the proposed covered ,,psdar or an application for transfer of a license1 as applicable1 is submitted to the ,commission under subsection c4 7#a77;,a74 7,b7 ,proposed intermediate license transfers 7i7 ,definition of proposed intermediate license transfer ,in this subparagraph1 the term proposed intermediate license transfer means a proposed transfer of license-- 7,i7 for a covered facility on behalf of which a proposed covered ,,psdar has been submitted by the licensee to the ,commission under subsection c4 7#a77;,a77i72 and 7,,ii7 the notice of which is submitted to the ,commission under subsection c4 7#a77;,a77ii7 before the applicable deadline under subparagraph 7,a7 for the issuance by the ,commission of a decision document relating to the proposed covered ,,psdar described in subclause 7,i74 7ii7 ,deadline ,subject to subparagraph 7,c71 in any case in which a licensee submits to the ,commission a notice of a proposed intermediate license transfer of a covered facility1 the ,commission shall issue a decision document relating to the proposed covered ,,psdar of the covered facility by not later than #a year after the date of receipt of the application for transfer of a license4 7,c7 ,extension ,if there are unforeseen circumstances1 including unexpected technical issues1 site-specific characteristics1 or other external factors that could affect the ability of the ,commission to issue a decision document by a deadline specified in subparagraph 7,a7 or 7,b77ii71 the ,commission may extend the applicable deadline for a reasonable period of time1 as determined by the ,commission4 f4 ,additional requirements 7#a7 ,action by transferees ,on transfer of a license for a covered facility by a licensee to a transferee in accordance with this section1 the transferee shall conduct consultation in accordance with subsection b4 with respect to each proposed covered ,,psdar developed by the transferee for the covered facility4 7#b7 ,state environmental law compliance ,notwithstanding any other provision of this section1 the ,commission shall not approve a proposed covered ,,psdar or license transfer under this section unless the proposed covered ,,psdar or license transfer for a covered facility includes a requirement that the licensee and the transferee1 if applicable1 shall comply with applicable ,state law relating to air1 water1 or soil quality or radiological standards with respect to the implementation of the proposed covered ,,psdar or license transfer in any case in which the applicable ,state law is more restrictive than an applicable ,federal law4 g4 ,application to existing decommissioning activities 7#a7 ,in general ,the ,commission shall notify-- 7,a7 each licensee or transferee1 if applicable1 of the opportunity to develop and submit to the ,commission for approval a revised covered ,,psdar for any covered facility of the licensee for which1 as of the date of enactment of this section-- 7i7 decontamination and dismantlement activities described in an existing covered ,,psdar have not commenced at the covered facility2 or 7ii7 decontamination and dismantlement activities described in an existing covered ,,psdar have been commenced at the covered facility for a period of less than #e years2 and 7,b7 each affected ,state with respect to a covered facility described in subparagraph 7,a7 of the opportunity to consult with a licensee or transferee described in that subparagraph in accordance with subsection b4 7#b7 ,process 7,a7 ,in general ,except as provided in paragraphs 7#c7 and 7#d71 if a licensee or transferee described in paragraph 7#a77;,a7 elects to submit to the ,commission a revised covered ,,psdar under that paragraph1 the process for consideration and approval of the revised covered ,,psdar shall be carried out in accordance with-- 7i7 the process for consideration and approval of a proposed covered ,,psdar for a covered facility under subsections b41 c41 d41 and f42 and 7ii7 the process for support1 conditional support1 or nonsupport by the host ,state under subsection e4 7,b7 ,nonselection ,if a licensee or transferee described in paragraph 7#a77;,a7 elects not to revise an existing covered ,,psdar under that paragraph1 the host ,state may file a statement of support1 conditional support1 or nonsupport for the existing covered ,,psdar in accordance with the process for support1 conditional support1 or nonsupport by a host ,state under subsection e4 7#c7 ,decision document ,a decision document for a revised covered ,,psdar submitted under paragraph 7#a77;,a71 or for an existing covered ,,psdar in any case in which the licensee or transferee elects not to revise the existing covered ,,psdar1 shall be issued in accordance with subparagraph 7,c7 or 7,d77i77,i7 of subsection e4 7#b7 or subsection e4 7#c77;,c71 as applicable1 except that the ,commission shall issue the decision document by the date that is #a year after the date on which the applicable decontamination and dismantlement activities commence at the applicable covered facility4 7#d7 ,revision after determination of inadequacy ,if the ,commission rejects a revised covered ,,psdar submitted by a licensee or transferee under paragraph 7#a77;,a7 in accordance with subsection e4 7#b77;,d77i77,i7 or subsection e4 7#c77;,c77i77,,ii71 the licensee or transferee shall develop and submit to the ,commission a new revised covered ,,psdar in accordance with this subsection by not later than #b years after the date of the rejection4 4 7b7 ,technical and conforming amendments 7#a7 ,in general ,the ,atomic ,energy ,act of #aied is amended-- 7,a7 in section #ajc 7#db ,u4,s4,c4 #bacc71 by redesignating subsection f4 as subsection e42 and 7,b7 in section #aaa 7#db ,u4,s4,c4 #bada71 by striking the section designation and all that follows through ,the ,nuclear in subsection a4 and inserting the following3 #aaa4 ,licensing by ,nuclear ,regulatory ,commission of distribution of certain materials by ,department of ,energy a4 ,the ,nuclear 4 7#b7 ,table of contents ,the table of contents of the ,atomic ,energy ,act of #aied 7#fh ,stat4 #iai2 #abf ,stat4 #bbaf7 is amended by striking the items relating to chapter #aj of title ,i and inserting the following3 ,chapter #aj4 ,atomic energy licenses,sec4 #aja4 ,license required4,sec4 #ajb4 ,utilization and production facilities for industrial or commercial purposes4,sec4 #ajc4 ,commercial licenses4,sec4 #ajd4 ,medical therapy and research and development4,sec4 #aje4 ,antitrust provisions4,sec4 #ajf4 ,classes of facilities4,sec4 #ajg4 ,operators' licenses4,sec4 #ajh4 ,war or national emergency4,sec4 #aji4 ,component and other parts of facilities4,sec4 #aaj4 ,exclusions4,sec4 #aaa4 ,licensing by ,nuclear ,regulatory ,commission of distribution of certain materials by ,department of ,energy4,sec4 #aab4 ,domestic medical isotope production4,sec4 #aac4 ,post-shutdown decommissioning activities reports4 4 #c4 ,grant programs to support the activities of community advisory boards 7a7 ,definitions ,in this section3 7#a7 ,community advisory board ,the term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between-- 7,a7 a licensee planning for and involved in decommissioning activities2 and 7,b7 members of a community that may be affected by the decommissioning activities of that licensee4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,decommission ,the term decommission has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#d7 ,licensee ,the term licensee has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,small1 rural1 or disadvantaged community ,the term small1 rural1 or disadvantaged community means an area that-- 7,a7 has a population of fewer than #ej1jjj individuals2 or 7,b7 is disadvantaged with respect to geographic1 socioeconomic1 public health1 or environmental hazard criteria1 as determined by the ,commission4 7b7 ,short-,term grant program 7#a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means-- 7,a7 a ,state in which a civilian nuclear power plant or nuclear power generation unit1 as determined by the ,commission1 is decommissioned or is in the process of being decommissioned during the #c-year period beginning on the date of enactment of this ,act2 and 7,b7 an ,indian ,tribe the land of which contains a civilian nuclear power plant or nuclear power generation unit1 as determined by the ,commission1 that is decommissioned or is in the process of being decommissioned during the #c-year period beginning on the date of enactment of this ,act4 7#b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall establish a grant program under which the ,commission shall award grants to eligible entities to support the activities of community advisory boards4 7#c7 ,applications ,an eligible entity desiring a grant under this subsection shall submit to the ,commission an application at such time1 in such manner1 and containing such information as the ,commission may require4 7#d7 ,use of funds 7,a7 ,awarding of subgrants ,an eligible entity shall use a grant awarded under this subsection to make subgrants to community advisory boards for use in accordance with subparagraph 7,b74 7,b7 ,use of subgrants ,a community advisory board may use a subgrant awarded under subparagraph 7,a7-- 7i7 to hire or consult with experts2 7ii7 for administrative costs2 7iii7 to cover travel expenses2 7iv7 for website and social media maintenance2 7v7 for the preparation of annual reports and other communications2 7vi7 to contract for services2 7vii7 to reimburse volunteers2 and 7viii7 to cover other reasonable and necessary expenses of the community advisory board1 as determined to be appropriate by the ,commission4 7#e7 ,distribution of funds ,the ,commission shall establish a formula to ensure1 to the maximum extent practicable1 geographic diversity among grant recipients under this subsection4 7#f7 ,requirement ,in carrying out this subsection1 the ,commission1 to the maximum extent practicable1 shall implement the recommendations described in the report submitted to ,congress under section #ajh of the ,nuclear ,energy ,innovation and ,modernization ,act 7,public ,law #aae-dci2 #acb ,stat4 #eegg7 entitled ,best ,practices for ,establishment and ,operation of ,local ,community ,advisory ,boards ,associated with ,decommissioning ,activities at ,nuclear ,power ,plants4 7#g7 ,cost sharing ,notwithstanding any other provision of law1 with respect to a subgrant awarded under this subsection1 neither the ,commission nor an eligible entity may impose a cost-sharing requirement on a community advisory board with respect to-- 7,a7 any activity that is carried out on behalf of1 for the benefit of1 or to foster communication and information exchange with1 a small1 rural1 or disadvantaged community2 or 7,b7 any activity of the community advisory board if-- 7i7 the applicable nuclear power plant or nuclear power generation unit is located in a small1 rural1 or disadvantaged community2 or 7ii7 a small1 rural1 or disadvantaged community may be disproportionately impacted by the applicable decommissioning activities of the licensee4 7#h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission to carry out this subsection #ab1ejj1jjj for the period of fiscal years #bjbf through #bjbh1 to remain available until the date that is #e years after the date of enactment of this ,act4 7c7 ,long-,term grant program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 a ,state in which a civilian nuclear power plant or nuclear power generation unit1 as determined by the ,commission1 is decommissioned or is in the process of being decommissioned more than #c years after the date of enactment of this ,act2 and 7ii7 an ,indian ,tribe the land of which contains a civilian nuclear power plant or nuclear power generation unit1 as determined by the ,commission1 that is decommissioned or is in the process of being decommissioned more than #c years after the date of enactment of this ,act4 7,b7 ,fund ,the term ,fund means the ,community ,advisory ,board ,fund established under paragraph 7#b74 7,c7 ,,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 successor regulations74 7#b7 ,community ,advisory ,board ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,community ,advisory ,board ,fund4 7,b7 ,deposits ,each fiscal year1 there shall be deposited in the ,fund an amount equal to the total amount collected by the ,commission pursuant to the regulations promulgated under paragraph 7#g7 for the fiscal year4 7,c7 ,use of fund ,amounts in the ,fund shall be available to the ,commission1 without further appropriation or fiscal year limitation1 for making grants under this subsection4 7#c7 ,establishment of grant program ,not later than #a year after the date of enactment of this ,act1 the ,commission shall establish a grant program under which the ,commission shall award grants to eligible entities to support the activities of community advisory boards4 7#d7 ,applications ,an eligible entity desiring a grant under this subsection shall submit to the ,commission an application at such time1 in such manner1 and containing such information as the ,commission may require4 7#e7 ,use of funds 7,a7 ,awarding of subgrants ,an eligible entity shall use a grant awarded under this subsection to make subgrants to community advisory boards for use in accordance with subparagraph 7,b74 7,b7 ,use of subgrants ,a community advisory board may use a subgrant awarded under subparagraph 7,a7-- 7i7 to hire or consult with experts2 7ii7 for administrative costs2 7iii7 to cover travel expenses2 7iv7 for website and social media maintenance2 7v7 for the preparation of annual reports and other communications2 7vi7 to contract for services2 7vii7 to reimburse volunteers2 and 7viii7 to cover other reasonable and necessary expenses of the community advisory board1 as determined to be appropriate by the ,commission4 7#f7 ,cost sharing ,notwithstanding any other provision of law1 with respect to a subgrant awarded under this subsection1 neither the ,commission nor an eligible entity may impose a cost-sharing requirement on a community advisory board with respect to-- 7,a7 any activity that is carried out on behalf of1 for the benefit of1 or to foster communication and information exchange with1 a small1 rural1 or disadvantaged community2 or 7,b7 any activity of the community advisory board if-- 7i7 the applicable nuclear power plant or nuclear power generation unit is located in a small1 rural1 or disadvantaged community2 or 7ii7 a small1 rural1 or disadvantaged community may be disproportionately impacted by the applicable decommissioning activities of the licensee4 7#g7 ,rulemaking 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate regulations requiring a licensee submitting to the ,commission a ,,psdar relating to the decommissioning of a nuclear power plant or a nuclear power generation unit1 as determined by the ,commission1 for which consultation is required under section #aac b4 of the ,atomic ,energy ,act of #aied to certify that the licensee has paid to the ,commission for deposit into the ,fund-- 7i7 in the case of a ,,psdar relating to the decommissioning of #a or more nuclear power plants1 #ejj1jjj for each of those power plants2 or 7ii7 in the case of a ,,psdar relating to the decommissioning of #a or more nuclear power generation units1 as determined by the ,commission1 #ejj1jjj for each nuclear power plant in which those units are located4 7,b7 ,requirements ,the regulations promulgated under subparagraph 7,a7 shall provide that-- 7i7 for each subsequent ,,psdar relating to a nuclear power plant for which a ,,psdar was previously submitted relating to the power plant or any nuclear power generation unit located in the power plant-- 7,i7 if consultation is required under section #aac b4 of the ,atomic ,energy ,act of #aied with respect to the subsequent ,,psdar or any decommissioning activities relating to the subsequent ,,psdar1 the licensee submitting the subsequent ,,psdar shall certify that the licensee has paid to the ,commission for deposit into the ,fund #ejj1jjj1 which shall be in addition to any amounts previously paid to the ,commission for deposit into the ,fund relating to any previously submitted ,,psdar2 and 7,,ii7 if consultation under section #aac b4 of the ,atomic ,energy ,act of #aied is not required with respect to the subsequent ,,psdar or any decommissioning activities relating to the subsequent ,,psdar1 the licensee submitting the subsequent ,,psdar shall certify that such consultation is not required2 7ii7 a licensee may pay to the ,commission the amounts described in clause 7i7 or 7ii7 of subparagraph 7,a7 or in subclause 7,i7 of clause 7i7 at any time prior to the submission of a ,,psdar relating to those amounts2 and 7iii7 with respect to a merchant power plant1 no amounts may be withdrawn from the decommissioning trust fund relating to that merchant power plant for the purpose of paying to the ,commission an amount described in-- 7,i7 clause 7i7 or 7ii7 of subparagraph 7,a72 or 7,,ii7 subclause 7,i7 of clause 7i74 7,c7 ,limitation ,a licensee that has paid to the ,commission the amount described in clause 7i7 or 7ii7 of subparagraph 7,a7 with respect to a nuclear power plant shall not be required to pay that amount with respect to the same power plant on submission of any subsequent ,,psdar relating to the decommissioning of that power plant or any nuclear power generation unit located in that power plant if consultation is not required with respect to that ,,psdar or any decommissioning activities relating to that ,,psdar under section #aac b4 of the ,atomic ,energy ,act of #aied4 7#h7 ,requirement ,in carrying out this subsection1 the ,commission1 to the maximum extent practicable1 shall implement the recommendations described in the report submitted to ,congress under section #ajh of the ,nuclear ,energy ,innovation and ,modernization ,act 7,public ,law #aae-dci2 #acb ,stat4 #eegg7 entitled ,best ,practices for ,establishment and ,operation of ,local ,community ,advisory ,boards ,associated with ,decommissioning ,activities at ,nuclear ,power ,plants4 #d4 ,assistance for nuclear host communities 7a7 ,funding ,section #gja7;f77#a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cbca7;f77#a77 is amended by striking #bjbi and inserting #bjcd4 7b7 ,additional activities ,section #bji7;e77#b77;,a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7;e77#b77;,a77 is amended by inserting 1 including through capacity building and economic resilience activities after communities4 7c7 ,federal share ,section #bjd7;c7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadd7;c77 is amended by adding at the end the following3 7#e7 ,certain nuclear host communities 7,a7 ,in general ,in the case of a grant to a nuclear host community under section #bji7;e7 that is a small1 rural1 or disadvantaged community1 the ,federal share of the cost of the project or activity carried out with the grant shall be #ajj percent4 7,b7 ,definitions ,in this paragraph3 7i7 ,nuclear host community ,the term nuclear host community has the meaning given the term in section #bji7;e77#a74 7ii7 ,small1 rural1 or disadvantaged community ,the term small1 rural1 or disadvantaged community means an area that-- 7,i7 has a population of fewer than #ej1jjj individuals2 or 7,,ii7 is disadvantaged with respect to geographic1 socioeconomic1 public health1 or environmental hazard criteria1 as determined by the ,secretary4 4 #e4 ,financial assistance for communities with stranded nuclear waste 7a7 ,definitions ,in this section3 7#a7 ,affected community ,the term affected community means a unit of local government1 including a county1 city1 town1 village1 school district1 or special district1 that contains stranded nuclear waste within the boundaries of the unit of local government1 as determined by the ,secretary4 7#b7 ,eligible civilian nuclear power plant ,the term eligible civilian nuclear power plant means a nuclear power plant that-- 7,a7 has been decommissioned2 or 7,b7 is in the process of being decommissioned4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,stranded nuclear waste ,the term stranded nuclear waste means nuclear waste or spent nuclear fuel stored in dry casks or spent fuel pools at a decommissioned or decommissioning nuclear facility4 7b7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish and carry out a noncompetitive grant program to provide financial assistance to units of local government within the jurisdictional boundary of which an eligible civilian nuclear power plant is located to offset the economic and social impacts of stranded nuclear waste in affected communities4 7c7 ,eligibility ,a unit of local government that is an affected community shall be eligible to receive a grant under this section for a fiscal year4 7d7 ,awards 7#a7 ,amount ,the amount of a grant awarded under subsection 7b7 shall be equal to #ae for each kilogram of spent nuclear fuel stored at the eligible civilian nuclear power plant in the affected community4 7#b7 ,number and frequency ,with respect to each eligible civilian nuclear power plant1 the ,secretary may only award #a grant under subsection 7b7 to each eligible unit of local government for each fiscal year4 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section for each of fiscal years #bjbf through #bjce4 7#b7 ,no offset ,none of the funds made available under this subsection may be used to offset the funding for any other ,federal program4 #f4 ,economic development in host communities 7a7 ,definitions ,in this section3 7#a7 ,certification of permanent cessation of operations ,the term certification of permanent cessation of operations means a written certification of the determination of a licensee to permanently cease operations of a civilian nuclear power plant required to be submitted to the ,commission under section #ej4hb of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,covered facility ,the term covered facility means a civilian nuclear power plant for which decommissioning activities will be carried out after the date of enactment of this ,act1 including-- 7,a7 new and existing civilian nuclear power plants for which decommissioning activities have not begun as of that date of enactment2 and 7,b7 existing civilian nuclear power plants for which decommissioning activities have begun as of that date of enactment4 7#d7 ,decommission ,the term decommission has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,host community ,the term host community means a ,state1 unit of ,tribal government1 or unit of local government1 including a county1 city1 town1 village1 school district1 or special district1 that contains a decommissioning civilian nuclear power plant within the boundaries of the ,state1 unit of ,tribal government1 or unit of local government1 as determined by the ,secretary4 7#f7 ,host community economic recovery account ,the term host community economic recovery account means a host community economic recovery account established by the ,secretary under subsection 7b77#a74 7#g7 ,licensee ,the term licensee has the meaning given the term in section #ej4b of title #aj1 ,code of ,federal ,regulations 7or a successor regulation74 7#h7 ,nuclear decommissioning trust ,the term nuclear decommissioning trust means a nuclear plant decommissioning trust fund described in section #ce4cb of title #ah1 ,code of ,federal ,regulations 7or a successor regulation74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,commerce1 acting through the ,assistant ,secretary of ,commerce for ,economic ,development4 7b7 ,host community economic recovery accounts 7#a7 ,establishment ,for each covered facility1 the ,secretary of the ,treasury shall establish in the ,treasury of the ,united ,states an account1 to be known as a host community economic recovery account4 7#b7 ,management ,each host community economic recovery account shall be administered by the ,secretary4 7#c7 ,funding 7,a7 ,in general ,not less frequently than annually1 each licensee of a covered facility shall-- 7i7 if a nuclear decommissioning trust has been established for the covered facility1 transfer to the ,secretary1 from that nuclear decommissioning trust1 an amount sufficient to ensure that the balance of the host community economic recovery account relating to that covered facility is not less than #b percent of the sum obtained by adding-- 7,i7 the balance of that nuclear decommissioning trust2 and 7,,ii7 the balance of that host community economic recovery account2 or 7ii7 if a nuclear decommissioning trust has not been established for the covered facility1 transfer to the ,secretary an amount sufficient to ensure that the balance of the host community economic recovery account relating to that covered facility is not less than #b percent of the greater of-- 7,i7 the sum obtained by adding-- 7aa7 the total amount of financial assurance for decommissioning of that covered facility provided by the licensee using a method other than a nuclear decommissioning trust2 and 7bb7 the balance of that host community economic recovery account2 and 7,,ii7 the sum obtained by adding-- 7aa7 the applicable minimum amount determined under section #ej4ge7;c7 of title #aj1 ,code of ,federal ,regulations 7or a successor regulation71 for the covered facility2 and 7bb7 the balance of that host community economic recovery account4 7,b7 ,limitation ,any amounts distributed by the ,secretary to host communities under subsection 7c77#a7 from a host community recovery account shall be considered to be part of the balance of that host community recovery account for purposes of subparagraph 7,a74 7#d7 ,deposits ,amounts transferred to the ,secretary under paragraph 7#c7 shall be deposited in the applicable host community economic recovery account4 7c7 ,use of funds 7#a7 ,in general ,amounts deposited in a host community economic recovery account under subsection 7b77#d7 shall be used by the ,secretary to provide grants to host communities within the boundaries of which the applicable covered facility is located4 7#b7 ,economic development ,amounts provided to a host community under paragraph 7#a7 shall be used for-- 7,a7 economic development planning 7as defined by the ,secretary72 or 7,b7 carrying out a comprehensive economic development strategy 7as defined in section #c of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cabb774 7d7 ,availability of funds 7#a7 ,in general ,amounts deposited in a host community economic recovery account under subsection 7b77#d7 shall be available to the ,secretary without appropriation or fiscal year limitation for providing grants in accordance with this section4 7#b7 ,deadline ,the ,secretary shall begin the process for making grants to applicable host communities under subsection 7c77#a7 not later than the earlier of-- 7,a7 the date that is #e years before scheduled shutdown of the applicable covered facility2 and 7,b7 the date on which the applicable licensee submits to the ,commission a certification of permanent cessation of operations with respect to the applicable covered facility4 7#c7 ,cost sharing ,notwithstanding any other provision of law1 the ,secretary may not impose a cost-sharing requirement with respect to-- 7,a7 a grant provided under subsection 7c77#a7 to a host community that is a small1 rural1 or disadvantaged community 7as defined in section #d7;a772 or 7,b7 any activity carried out by1 or for the benefit of1 a small1 rural1 or disadvantaged community 7as so defined7 using a grant provided under that subsection4 7e7 ,certain covered facilities 7#a7 ,definition of currently decommissioning facility ,in this subsection1 the term currently decommissioning facility means a covered facility for which decommissioning activities have begun as of the date of enactment of this ,act4 7#b7 ,funding of host community economic recovery accounts ,not later than #a year after the date of enactment of this ,act1 each licensee of a currently decommissioning facility shall-- 7,a7 if a nuclear decommissioning trust has been established for the currently decommissioning facility1 transfer to the ,secretary1 from that nuclear decommissioning trust1 an amount equal to #b percent of the balance of that nuclear decommissioning trust as of that date of enactment for deposit in accordance with subsection 7b77#d72 or 7,b7 if a nuclear decommissioning trust has not been established for the currently decommissioning facility1 transfer to the ,secretary1 for deposit in accordance with subsection 7b77#d71 an amount equal to #b percent of the greater of-- 7i7 the total amount of financial assurance for decommissioning of that covered facility provided by the licensee using a method other than a nuclear decommissioning trust as of that date of enactment2 and 7ii7 the applicable minimum amount determined under section #ej4ge7;c7 of title #aj1 ,code of ,federal ,regulations 7or a successor regulation71 for the covered facility as of that date of enactment4 7#c7 ,deadline ,with respect to a currently decommissioning facility1 the ,secretary shall begin the process for making grants to applicable host communities under subsection 7c77#a7 not later than #a year after the date of enactment of this ,act4 7#d7 ,clarification ,subsections 7b77#c7 and 7d77#b7 shall not apply in the case of a currently decommissioning facility4 7f7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall revise such regulations as are necessary 7including1 if applicable1 section #ej4ge7;c7 of title #aj1 ,code of ,federal ,regulations7 to ensure1 to the maximum extent practicable1 that nuclear decommissioning trusts will contain sufficient amounts to carry out this section without compromising the ability of the nuclear decommissioning trust to fund other legitimate decommissioning activities4