20250AB__030599INT INTRODUCED 2025-01-23 2025 AB INT Introduced by Assembly Member Arambula (Principal coauthors: Assembly Members Dixon and Hoover) LEAD_AUTHOR ASSEMBLY Arambula PRINCIPAL_COAUTHOR ASSEMBLY Dixon PRINCIPAL_COAUTHOR ASSEMBLY Hoover

An act to amend Sections 25524.1 and 25524.2 of the Public Resources Code, and to add

Section to the Public Utilities Code, relating to energy. energy Energy: nuclear facilities.

Existing law prohibits the State Energy Resources Conservation and Development Commission (Energy Commission) from certifying a nuclear fission thermal powerplant, except for specified powerplants, and provides that a nuclear fission thermal powerplant, except those specified powerplants, is not a permitted land use in California unless certain conditions are met regarding the existence of technology for the construction and operation of nuclear fuel rod processing plants and of demonstrated technology or means for the disposal of high-level nuclear waste, as specified.

This bill would exempt small modular reactors, as defined, from those provisions. Existing law vests the Public Utilities Commission (PUC) with regulatory authority over electrical corporations and gas corporations. Under existing law, it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of all retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045.

Existing law requires the PUC, the Energy Commission, and all other state agencies to incorporate that policy into all relevant planning. This bill would require the PUC, on or before January 1, 2028, to adopt a plan to increase the procurement of electricity generated from nuclear facilities and to phase out the procurement of electricity generated from natural gas facilities. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 25524.1 of the Public Resources Code is amended to read: 25524.1. (

a) Except for the existing Diablo Canyon Units and owned by Pacific Gas and Electric Company and San Onofre Units and owned by Southern California Edison Company and San Diego Gas and Electric Company, a nuclear fission thermal powerplant requiring the reprocessing of fuel rods, including any to which this

chapter does not otherwise apply, except those having a vested right as defined in this section, shall not be a permitted land use in the state or, where applicable, certified by the commission until both of the following conditions are met:

(1) The commission finds that the United States through its authorized agency has identified and approved, and there exists a technology for the construction and operation of, nuclear fuel rod reprocessing plants. (2) (

A) The commission has reported its findings and the reasons therefor pursuant to paragraph (1) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants legislative days after reporting its findings unless within those legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to paragraph (1). (3)</xhtml:p>"?> (

B) A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission’s findings into conformance with paragraph (1). (4)</xhtml:p>"?> (

C) If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature. (5)</xhtml:p>"?> (

D) If the findings are that the conditions of paragraph (1) have been met, the commission may proceed to certify nuclear fission thermal powerplants legislative days after reporting its findings to the Legislature unless within those legislative days both houses of the Legislature act by statute to declare the findings null and void and takes appropriate action. (6)</xhtml:p>"?> (

E) To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months before the adjournment of the Legislature sine die. (

b) The commission shall further find on a case-by-case basis that facilities with adequate capacity to reprocess nuclear fuel rods from a certified nuclear facility or to store that fuel if that storage is approved by an authorized agency of the United States are in actual operation or will be in operation at the time that the nuclear facility requires reprocessing or storage if the storage of fuel is in an offsite location to the extent necessary to provide continuous onsite full core reserve storage capacity. (

c) The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division, but shall not issue a decision pursuant to

Section granting a certificate until the requirements of this

section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, that may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this

section have been met. (d)

(1) This

section does not apply to a small modular reactor.

(2) For purposes of this subdivision, “small modular reactor” means a nuclear reactor with an electrical generating capacity of up to megawatts per unit.

SEC.

Section 25524.2 of the Public Resources Code is amended to read: 25524.2. (

a) Except for the existing Diablo Canyon Units and owned by Pacific Gas and Electric Company and San Onofre Units and owned by Southern California Edison Company and San Diego Gas and Electric Company, a nuclear fission thermal powerplant, including any to which this

chapter does not otherwise apply, except those exempted by this section, shall not be a permitted land use in the state or, where applicable, be certified by the commission until both of the following conditions have been met: (a)</xhtml:p>"?>

(1) The commission finds that there has been developed and that the United States through its authorized agency has approved and there exists a demonstrated technology or means for the disposal of high-level nuclear waste. (b)<xhtml:span class="EnSpace"/>(1)</xhtml:p>"?> (2) (

A) The commission has reported its findings and the reasons therefor pursuant to paragraph (1) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants legislative days after reporting its findings unless within those legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to paragraph (1). (2)</xhtml:p>"?> (

B) A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission’s findings into conformance with paragraph (1). (3)</xhtml:p>"?> (

C) If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature. (4)</xhtml:p>"?> (

D) If the findings are that the conditions of paragraph (1) have been met, the commission may proceed to certify nuclear fission thermal powerplants legislative days after reporting its findings to the Legislature unless within those legislative days both houses of the Legislature act by statute to declare the findings null and void and take appropriate action. (5)</xhtml:p>"?> (

E) To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months before the adjournment of the Legislature sine die. (c)<xhtml:span class="EnSpace"/>As used in subdivision (a),</xhtml:p>"?> (

b) For purposes of this section, “technology or means for the disposal of high-level nuclear waste” means a method for the permanent and terminal disposition of high-level nuclear waste. This

section does not require that facilities for the application of that technology or means be available at the time that the commission makes its findings. That disposition of high-level nuclear waste does not preclude the possibility of an approved process for retrieval of the waste. (d)</xhtml:p>"?> (

c) The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division, but shall not issue a decision pursuant to

Section granting a certificate until the requirements of this

section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, that may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this

section have been met. (d)

(1) This

section does not apply to a small modular reactor.

(2) For purposes of this subdivision, “small modular reactor” means a nuclear reactor with an electrical generating capacity of up to megawatts per unit.

SEC. 3.

Section is added to the Public Utilities Code , to read: 711. On or before January 1, 2028, the commission shall adopt a plan to increase the procurement of electricity generated from nuclear facilities and to phase out the procurement of electricity generated from natural gas facilities.