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AN ACT
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relating to support for the development of the nuclear energy |
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industry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 483 to read as follows: |
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CHAPTER 483. TEXAS ADVANCED NUCLEAR ENERGY OFFICE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 483.001. DEFINITIONS. In this chapter: |
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(1) "Advanced nuclear project" means an electric |
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generation facility that relies on an advanced nuclear reactor to |
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generate power, steam, or heat, a nuclear fuel cycle facility that |
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supplies advanced nuclear reactors, or associated technologies |
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supporting the advanced nuclear energy industry. |
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(2) "Advanced nuclear reactor" means a range of |
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nuclear reactor technologies determined by the regulatory |
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commission to be either of generation III+ or generation IV, |
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including large light water reactors, small modular reactors, |
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microreactors, and nuclear cogeneration. |
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(3) "Construction permit" means a permit issued by the |
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regulatory commission for the construction of: |
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(A) a nuclear production or utilization |
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facility; or |
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(B) a research or test reactor that contributes |
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to the future commercialization of that research or test reactor |
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technology. |
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(4) "Director" means the director of the office. |
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(5) "License" means a license issued by the regulatory |
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commission that authorizes the license holder to construct and |
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operate a nuclear power facility, such as a nuclear plant at a |
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specific site, with specified conditions. |
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(6) "Office" means the Texas Advanced Nuclear Energy |
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Office established under Subchapter B. |
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(7) "Regulatory commission" means the United States |
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Nuclear Regulatory Commission. |
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(8) "Utility commission" means the Public Utility |
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Commission of Texas. |
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Sec. 483.002. SUNSET PROVISION. The office is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the office is abolished |
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and this chapter expires September 1, 2035. |
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SUBCHAPTER B. TEXAS ADVANCED NUCLEAR ENERGY OFFICE |
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Sec. 483.101. ESTABLISHMENT AND PURPOSE OF OFFICE. (a) The |
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Texas Advanced Nuclear Energy Office is an office within the office |
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of the governor. |
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(b) The purposes of the office are to: |
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(1) provide strategic leadership for the advanced |
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nuclear reactor system in this state; |
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(2) collaborate with interested stakeholders and |
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state and local leaders to craft a statewide strategic advanced |
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nuclear energy public outreach program; |
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(3) promote the development of advanced nuclear |
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reactors for dispatchable electric generation while creating |
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high-wage advanced manufacturing jobs in this state; |
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(4) lead the transition to a balanced energy future by |
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advancing innovative nuclear energy generation technologies while |
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delivering safe, reliable, and clean energy solutions that address |
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the state's growing demand; |
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(5) enhance the state's energy security, foster |
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economic growth, and ensure the safety of future nuclear energy |
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generation development; |
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(6) identify barriers to the financial viability of |
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nuclear energy generation and regulatory and licensing |
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complexities that increase risk to developers of nuclear energy; |
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(7) leverage the expertise and capacity of |
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institutions of higher education, the nuclear energy industry, the |
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industrial manufacturing sector, and regulatory stakeholders to |
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develop a comprehensive strategic plan to ensure the development of |
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advanced nuclear energy and associated technologies in this state; |
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and |
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(8) support the development of an advanced nuclear |
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energy supply chain and associated technologies in this state. |
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(c) The office may: |
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(1) subject to Subsection (d), solicit and accept |
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gifts, grants, or loans from and contract with any entity; |
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(2) establish ad hoc advisory committees as necessary |
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to carry out the office's duties under this chapter; and |
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(3) exercise any other power necessary to carry out |
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this chapter. |
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(d) The office may not accept a gift, grant, or loan from or |
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contract with an applicant for or a beneficiary of a grant provided |
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under Subchapter C. |
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(e) The office may not require an advanced nuclear project |
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to be located in a specific location. |
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(f) The office may adopt and enforce rules necessary to |
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carry out this chapter. |
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(g) The office and the utility commission, with the |
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assistance of any other state entity the office or the utility |
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commission determines is necessary, shall conduct a study to |
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identify necessary state regulatory functions related to nuclear |
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energy generation facilities in this state. The office and the |
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utility commission shall submit the study to the legislature not |
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later than December 1, 2026. This subsection expires August 31, |
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2027. |
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Sec. 483.102. DIRECTOR; DUTIES. (a) The governor shall |
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employ a director of the office. The director serves at the pleasure |
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of the governor. |
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(b) The director must have demonstrated: |
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(1) experience in the field of advanced nuclear |
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energy; and |
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(2) executive and organizational ability. |
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(c) The director may not have any direct or indirect |
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interests that substantially conflict with the director's duties. |
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(d) The director shall: |
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(1) manage the affairs of the office; |
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(2) administer programs established by this chapter; |
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and |
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(3) establish appropriate milestones and standards to |
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ensure proper use of money under this chapter. |
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(e) The director may hire staff as necessary to implement |
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the duties of the office under this chapter. |
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Sec. 483.103. STRATEGIC PLAN. Not later than December 1 of |
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each even-numbered year, the director shall submit to the governor, |
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the legislature, and the Legislative Budget Board a strategic plan |
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for furthering the goals, purposes, and objectives established by |
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this chapter. |
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Sec. 483.104. NUCLEAR PERMITTING COORDINATOR. (a) The |
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director may employ a nuclear permitting coordinator to assist |
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businesses throughout the nuclear energy permitting and regulatory |
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process. |
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(b) A nuclear permitting coordinator must have a |
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demonstrated familiarity with the permitting and regulatory |
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process in this state. |
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(c) The nuclear permitting coordinator shall: |
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(1) act as a single point of contact for stakeholders |
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during the nuclear energy permitting and regulatory process; |
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(2) identify active or likely siting opportunities and |
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required permits and approvals for nuclear energy generation sites |
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and key personnel; and |
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(3) provide guidance for regulated persons navigating |
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local, state, and federal regulations for nuclear energy generation |
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facilities. |
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(d) The nuclear permitting coordinator shall make any |
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assistance provided under this section equally available to all |
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businesses engaged in the nuclear energy permitting and regulatory |
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process. |
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(e) The nuclear permitting coordinator shall document all |
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activities carried out in the provision of assistance under this |
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section and make that information available to the public on |
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request. |
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SUBCHAPTER C. TEXAS ADVANCED NUCLEAR DEVELOPMENT FUND; GRANT |
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PROGRAMS |
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Sec. 483.201. TEXAS ADVANCED NUCLEAR DEVELOPMENT FUND. (a) |
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The Texas advanced nuclear development fund is created as a |
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dedicated account in the general revenue fund. The fund consists |
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of: |
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(1) subject to Section 483.101(d), gifts, grants, or |
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donations to the fund; and |
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(2) money from any other source designated by the |
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legislature. |
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(b) The office may use money in the fund: |
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(1) to provide reimbursement-based grants to eligible |
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businesses, nonprofit organizations, and governmental entities, |
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including institutions of higher education, through the programs |
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established in this subchapter; and |
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(2) to pay for reasonable and necessary costs for |
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staff support necessary to facilitate the work of the office. |
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Sec. 483.202. REIMBURSEMENT GRANT PROGRAMS ESTABLISHED. |
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(a) The office shall establish grant programs under this |
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subchapter and the director shall administer those programs. |
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(b) The office may provide a grant under this subchapter |
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only to reimburse expenses paid by a recipient using the |
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recipient's own funds. An applicant for a grant under this |
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subchapter may have received financial assistance or incentives |
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from a local, state, or federal source, but the office may not |
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provide a grant under this subchapter to reimburse expenses paid by |
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a recipient or the recipient's project partner using financial |
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assistance or incentives from the local, state, or federal source. |
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An applicant shall provide the office with detailed information |
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regarding any financial assistance or incentives requested or |
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received for the project for which it is requesting grant funds. |
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(c) An applicant that has received state-appropriated money |
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for an advanced nuclear reactor is not eligible to receive a grant |
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under Section 483.204. |
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(d) The office shall submit to the lieutenant governor and |
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the speaker of the house of representatives a notice of each grant |
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the office proposes to approve. The office may not approve the grant |
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if both those officers submit a written communication to the office |
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disapproving the grant on or before the 30th day after the date the |
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office submits the notice of the proposed grant to those officers. |
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The lieutenant governor or speaker of the house of representatives |
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may extend the review deadline for an additional 14 days by |
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submitting a written notice to that effect to the office before the |
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expiration of the initial review period. |
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(e) Before awarding a grant under this subchapter, the |
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office shall enter into a written agreement with the grant |
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recipient. A written agreement under this subsection must: |
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(1) specify benchmarks and milestones for the |
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completion of the project for which the grant is provided; and |
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(2) require the grant recipient to repay to the state |
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money received from that grant if the recipient fails to reach the |
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specified benchmarks. |
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(f) The office may not during a state fiscal biennium award |
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out of money appropriated for grants under this subchapter a total |
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amount greater than: |
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(1) for grants provided under Section 483.203, 20 |
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percent of the appropriated money; and |
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(2) for grants provided under Section 483.204, 80 |
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percent of the appropriated money. |
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Sec. 483.203. PROJECT DEVELOPMENT AND SUPPLY CHAIN |
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REIMBURSEMENT PROGRAM. (a) The office may provide a reimbursement |
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grant from the Texas advanced nuclear development fund under this |
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section for the expenses associated with or required for initial |
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development of an advanced nuclear project in this state. |
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(b) Expenses that qualify for reimbursement under this |
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section are limited to expenses attributable or allocable to: |
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(1) technology development, including university |
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technology development; |
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(2) feasibility studies; |
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(3) site planning, including conceptual site-specific |
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engineering studies; |
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(4) front-end engineering design; |
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(5) site and environmental characterization; |
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(6) regulatory commission early site permit work; |
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(7) preparation of the construction permit or license |
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application to the regulatory commission; |
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(8) developing manufacturing capacity and readiness; |
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(9) fuel processing, manufacturing, and fabrication |
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activities essential to the fuel cycle supply; |
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(10) preparation of local, state, and nonregulatory |
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commission federal permits; and |
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(11) regulatory commission licensing fees. |
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(c) To be eligible for a reimbursement grant under this |
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section, an applicant must provide with an application proof of |
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incurred expenses described by Subsection (b). |
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(d) A grant provided under this section may not exceed the |
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lesser of: |
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(1) 50 percent of the amount of qualifying expenses |
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associated with the project; or |
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(2) $12.5 million. |
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(e) The office by rule shall establish procedures for the |
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application for and provision of a grant under this section. |
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Sec. 483.204. ADVANCED NUCLEAR CONSTRUCTION REIMBURSEMENT |
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PROGRAM. (a) The office may provide a reimbursement grant from the |
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Texas advanced nuclear development fund under this section for |
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expenses associated with the construction of an advanced nuclear |
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project in this state. |
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(b) Expenses that qualify for reimbursement under this |
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section are limited to expenses associated with: |
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(1) the regulatory commission's review of the |
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construction permit or license application; |
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(2) procurement and development of long-lead |
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components; or |
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(3) construction activities, including the |
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manufacture, fabrication, quality assurance, placement, erection, |
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installation, modification, inspection, or testing of an advanced |
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nuclear project. |
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(c) To be eligible for a reimbursement grant under this |
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section, an applicant must provide with an application proof of |
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incurred expenses described by Subsection (b). |
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(d) A grant provided under this section may not exceed the |
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lesser of: |
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(1) 50 percent of the amount of qualifying expenses |
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associated with the project; or |
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(2) $120 million. |
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(e) The office by rule shall establish procedures for the |
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application for and provision of a grant under this section. |
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(f) The office may not provide a reimbursement grant for a |
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project under this section until the regulatory commission has |
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docketed a construction permit or license application for the |
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project. |
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(g) The office by rule shall establish a process to |
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distribute the proceeds of each grant awarded under this section to |
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the grant recipient on a rolling basis for qualifying expenses. The |
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process must include milestones associated with: |
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(1) the regulatory commission's permitting process; |
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and |
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(2) the recipient's financial investment decisions |
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relating to the project. |
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Sec. 483.205. COMPLETION BONUS GRANT PROGRAM FOR |
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INTERCONNECTED REACTORS. (a) The office may provide a grant under |
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this subchapter for the costs associated with the completion of an |
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operational advanced nuclear reactor in this state that is |
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interconnected with the ERCOT power grid. |
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(b) The office, in consultation with the utility |
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commission, by rule shall establish the amount of a grant the office |
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will provide under this section on a per megawatt basis according to |
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the generation capacity of the advanced nuclear reactor. |
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(c) The office, in consultation with the utility |
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commission, by rule shall establish procedures for: |
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(1) the application for and award of a grant under this |
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section; |
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(2) the administration of the grant program; and |
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(3) providing grants according to a tiered system |
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based on the amount of electricity in megawatts provided to the |
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ERCOT power grid by an advanced nuclear reactor. |
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Sec. 483.206. GRANT APPLICATION EVALUATION. The office |
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shall evaluate each application for a grant under this subchapter |
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based on: |
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(1) the grant applicant's: |
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(A) quality of services and management; |
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(B) efficiency of operations; |
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(C) access to resources essential for operating |
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the project for which the grant is requested, such as land, water, |
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and reliable infrastructure, as applicable; |
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(D) application for or docketing of a permit or |
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license with the regulatory commission; and |
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(E) ability to repay the grant if project |
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benchmarks are not met; and |
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(2) the project's potential benefit to this state. |
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Sec. 483.207. CONFIDENTIALITY. Information submitted to |
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the office in an application for a grant under this subchapter is |
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confidential and not subject to disclosure under Chapter 552. |
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SECTION 2. The office of the governor is required to |
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implement the changes in law made by this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the office of the governor may, but is not required to, |
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implement those changes in law using other appropriations available |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 14 was passed by the House on April |
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23, 2025, by the following vote: Yeas 134, Nays 9, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 14 on May 30, 2025, by the following vote: Yeas 118, Nays 6, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 14 was passed by the Senate, with |
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amendments, on May 28, 2025, by the following vote: Yeas 26, Nays |
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5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |