HB 2450 — An Act amending the act of July 10, 1984 (P.L.688, No.147), known as the Radiation Protection Act, in general provisions, further providing for definitions; and, in fees, further providing for nuclear facility and transport fees.

PRINTER'S NO.   3220

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2450
                                               Session of
                                                 2026

     INTRODUCED BY MEHAFFIE, FIEDLER, BRENNAN, CIRESI, DOUGHERTY,
        FLEMING, GAYDOS, HANBIDGE, HILL-EVANS, NEILSON, RIVERA,
        SANCHEZ, STEELE AND VENKAT, APRIL 16, 2026

     REFERRED TO COMMITTEE ON ENERGY, APRIL 16, 2026


                                    AN ACT
 1   Amending the act of July 10, 1984 (P.L.688, No.147), entitled
 2      "An act combining the radiation safety provisions of The
 3      Atomic Energy Development and Radiation Control Act and the
 4      Environmental Radiation Protection Act; empowering the
 5      Department of Environmental Resources to implement a
 6      comprehensive Statewide radiation protection program; further
 7      providing for the power of the Environmental Quality Board
 8      and for the duties of the Environmental Hearing Board;
 9      expanding the authority of the department to regulate other
10      radiation sources; providing for radiation emergency
11      response; establishing requirements for transport of spent
12      reactor fuel; establishing fees; providing penalties; making
13      repeals; and authorizing and directing the Department of
14      Environmental Resources and the Governor to convey ownership
15      to the Carl A. White Acid Mine Drainage Treatment Plant,
16      situated in Washington Township, Indiana County,
17      Pennsylvania, to the County of Indiana, subject to a right of
18      reverter for stated conditions," in general provisions,
19      further providing for definitions; and, in fees, further
20      providing for nuclear facility and transport fees.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    Section 103 of the act of July 10, 1984 (P.L.688,
24   No.147), known as the Radiation Protection Act, is amended by
25   adding a definition to read:
26   Section 103.    Definitions.
 1      The following words and phrases when used in this act shall
 2   have the meanings given to them in this section unless the
 3   context clearly indicates otherwise:
 4      * * *
 5      "Independent spent fuel storage installation" or "ISFSI."
 6          (1)     A complex designed and constructed for the interim
 7      storage of:
 8                (i)    Spent nuclear fuel.
 9                (ii)    Solid, reactor-related, greater than Class C
10          waste.
11                (iii)    Other associated radioactive materials.
12          (2)     A spent fuel storage installation may be considered
13      independent, even if it is located on the site of a facility
14      licensed by the NRC.
15      * * *
16      Section 2.      Section 402(b.1)(1) and (4) and (c)(1.1)(i.1)
17   introductory paragraph and (ii) and (4) of the act are amended,
18   subsection (c)(1.1) is amended by adding a subparagraph and the
19   section is amended by adding subsections to read:
20   Section 402.    Nuclear facility and transport fees.
21      * * *
22      (b.1)   Department fees.--
23          (1)     Within 30 days of the effective date of this
24      subsection, each person who has a current nuclear power
25      reactor construction permit or operating license from the NRC
26      for a site within this Commonwealth shall pay the department
27      $100,000 per nuclear power reactor site, regardless of the
28      number of individual nuclear power reactors located at the
29      site. By July 1, 2007, and July 1 of each year thereafter,
30      each person who has a current nuclear power reactor

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 1      construction permit or operating license from the NRC for a
 2      site within this Commonwealth shall pay the department an
 3      annual fee of [$650,000] $825,000 per nuclear power reactor
 4      site, regardless of the number of individual nuclear power
 5      reactors located at the site. For the purposes of this
 6      subsection only, a nuclear power reactor site shall be deemed
 7      to be the location of one or more individual nuclear power
 8      reactors which still has spent nuclear fuel stored onsite in
 9      a spent nuclear fuel pool or temporary locations outside the
10      ISFSI, has not been fully dismantled and decommissioned
11      pursuant to applicable Federal law and regulations and has
12      not been granted license termination by the NRC.
13          * * *
14          (4)   Prior to the date of a shipment that requires an
15      escort, each shipper of spent nuclear fuel, high-level waste,
16      transuranic waste or a large quantity of radioactive material
17      who ships to, within, through or across this Commonwealth
18      shall pay to the department a fee of [$500] $1,000 per
19      individual vehicle shipment or [$1,000] $1,500 per railroad
20      or river barge shipment.
21          * * *
22      (b.3)   Cost recovery for shut-down reactors.--A person who
23   owns, operates or manages a nuclear power reactor site with one
24   or more reactors that have been permanently shut down and the
25   spent nuclear fuel has been removed from the reactor vessel,
26   spent nuclear fuel pool and any other temporary storage area
27   where all spent nuclear fuel temporarily stored in dry casks
28   onsite within an NRC-approved ISFSI shall be subject to actual
29   agency cost recovery for any costs incurred by the agency to
30   respond to or mitigate an incident at the site. Nothing in this

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 1   subsection shall be construed to supersede any indemnification,
 2   limitation of liability or any other provision of 42 U.S.C. §
 3   2210 (relating to indemnification and limitation of liability).
 4      (c)   Agency fees.--
 5            (1.1)   * * *
 6                (i.1)    By July 1, 2015, and July 1 of each year
 7            thereafter through the effective date of subparagraph
 8            (i.2), each person who has a current nuclear power
 9            reactor construction permit or operating license from the
10            NRC for a site within this Commonwealth shall pay the
11            agency the following fees, regardless of the number of
12            individual nuclear power reactors located at the site:
13                       * * *
14                (i.2)    Within 30 days of the effective date of this
15            subparagraph and July 1 of each year thereafter, each
16            person who has a current nuclear power reactor
17            construction permit or operating license from the NRC for
18            a site within this Commonwealth shall pay the agency the
19            following fees, regardless of the number of individual
20            nuclear power reactors located at the site:
21                       (A)   $375,000 to be collected and used by the
22                agency in accordance with the provisions of 35
23                Pa.C.S. § 7320.
24                       (B)   $225,000 to be collected and used by the
25                agency for radiological emergency response equipment,
26                planning, training and exercise costs involving
27                nonagency personnel.
28                (ii)    Payments collected under subparagraphs (i)(A)
29            [and], (i.1)(A) and (i.2)(A) shall be deposited into the
30            Radiological Emergency Response Planning and Preparedness

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 1        Program Fund established pursuant to 35 Pa.C.S. §
 2        7320(c). Payments collected under subparagraphs (i)(B)
 3        [and], (i.1)(B) and (i.2)(B) shall be deposited into the
 4        Radiation Emergency Response Fund. For the purposes of
 5        this subsection only, a nuclear power reactor site shall
 6        be deemed to be the location of one or more individual
 7        nuclear power reactors which still has spent nuclear fuel
 8        stored onsite, has not been fully dismantled and
 9        decommissioned pursuant to applicable Federal law and
10        regulations and has not been granted license termination
11        by the NRC.
12        * * *
13        (4)   Prior to the proposed date of a shipment that
14    requires an escort, each shipper of spent nuclear fuel, high-
15    level waste, transuranic waste or a large quantity of
16    radioactive material who ships to, within, through or across
17    the boundaries of this Commonwealth shall pay to the agency a
18    fee of [$2,500] $3,000 per individual vehicle shipment or
19    [$4,500] $5,000 per railroad car or river barge shipment.
20        * * *
21    (c.1)   Annual fee.--
22        (1)   A nuclear power reactor site with one or more
23    reactors that have permanently shut down and had the spent
24    nuclear fuel removed from the reactor vessel, spent nuclear
25    fuel pool and any other temporary storage area with all spent
26    nuclear fuel temporarily stored in dry casks onsite within an
27    NRC-approved ISFSI shall pay the department an annual fee of
28    $100,000 per year before July 1 of each year. The annual fee
29    shall remain in place until all spent nuclear fuel is removed
30    from the ISFSI and nuclear power reactor site.

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1         (2)   An individual nuclear power reactor required to pay
2     the annual fee under this subsection shall not be subject to
3     the fees under subsections (b)(1) and (d).
4     * * *
5     Section 3.    This act shall take effect in 30 days.




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