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Kentucky General Assembly· SB 57signed by Governor (Acts Ch. 56)

An act relating to nuclear energy development., the official text

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UNOFFICIAL COPY                                             26 RS SB 57/GA

1   AN ACT relating to nuclear energy development.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO

4 READ AS FOLLOWS:

5 (1) As used in this section:

6   (a) "Affiliate" means any person, partnership, or corporation that controls, is

7   controlled by, or is under common control with, a utility;

8   (b) "Authority" means the Kentucky Nuclear Energy Development Authority

9   established in Section 4 of this Act;

10  (c) "Combined operating license" means a license issued by the United States

11  Nuclear Regulatory Commission pursuant to 10 C.F.R. sec. 52.71 et seq., or

12  other licensing frameworks as may be adopted in federal regulations by the

13  United States Nuclear Regulatory Commission for advanced nuclear

14  generating reactors, that enables its holder to construct and operate a

15  nuclear power plant at a specific site;

16  (d) "Construction permit" means a permit issued by the United States Nuclear

17  Regulatory Commission pursuant to 10 C.F.R. pt. 50 that enables its holder

18  to construct a nuclear power plant at a specific site;

19  (e) "Early site permit" means a permit issued by the United States Nuclear

20  Regulatory Commission pursuant to 10 C.F.R. sec. 52.12 et seq. that

21  enables its holder to secure federal site approval for a nuclear power plant

22  site prior to seeking an operating reactor license from the United States

23  Nuclear Regulatory Commission;

24  (f) "Eligible applicant" means any utility or any affiliate of a utility and any

25  current or prospective customer of a utility that is acting in partnership or

26  collaboration with the utility or the affiliate;

27  (g) "Generation III Plus" means the generation of nuclear reactor design

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    UNOFFICIAL COPY                                                 26 RS SB 57/GA

1   following Generation III that incorporates passive and other safety

2   measures and design improvements not included in previous nuclear

3   reactor designs;

4   (h) "Generation IV" means the nuclear reactor designs identified and selected

5   by the Generation IV International Forum as follows:

6   1. Sodium-cooled fast reactors;

7   2. Gas-cooled fast reactors;

8   3. Lead-cooled fast reactors;

9   4. Molten salt reactors;

10  5. Supercritical water-cooled reactors; and

11  6. Very high temperature reactors;

12  (i) "Nuclear energy generating facility" means a facility containing a nuclear

13  reactor of Generation III Plus, Generation IV, or later design that produces

14  electricity, at least some of which is sold to the public; and

15  (j) "Utility" means a person, firm, corporation, association, cooperative

16  corporation, federally owned electric utility corporation, or municipal

17  corporation who owns, controls, operates, or manages any facility used or to

18  be used for or in connection with the generation, production, transmission,

19  or distribution of electricity to or for the public for compensation.

20 (2) (a) The authority shall create and implement the Nuclear Reactor Site

21  Readiness Pilot Program to facilitate the application for and procurement

22  of early site permits, construction permits, or combined operating licenses

23  from the United States Nuclear Regulatory Commission for the siting of

24  new nuclear energy generating facilities in the Commonwealth.

25  (b) Upon recommendation of the authority, the General Assembly may award

26  eligible applicants grant funding of up to one-third (1/3) of the actual costs

27  incurred in applying for and procuring an early site permit, construction

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    UNOFFICIAL COPY                                                 26 RS SB 57/GA

1   permit, or combined operating license, not to exceed twenty-five million

2   dollars ($25,000,000) per project.

3   (c) The authority shall:

4   1. Create grant applications;

5   2. Establish grant applicant eligibility requirements;

6   3. Establish objective scoring criteria to evaluate grant applications;

7   4. Review any partnership agreement between eligible applicants for

8   validity and completeness and to ensure that the agreement provides

9   for the surety bonding or similar security requirements required under

10  subsection (4) of this section and repayment responsibilities for all

11  partners in the event that forfeiture and repayment of grant funding is

12  required under subsection (5) of this section; and

13  5. Make determinations on applicant eligibility and evaluate and score

14  each eligible applicant's grant application, in consultation with the

15  Energy and Environment Cabinet's Office of Energy Policy and the

16  Cabinet for Economic Development, according to the following

17  criteria:

18  a. The location, suitability, and previous use of the site for which

19                   the early site permit, construction permit, or combined operating

20                   license is sought;

21  b. The economic condition of the region where the new nuclear

22                   energy generating facility would be located;

23  c. The economic impact that the siting of a new nuclear energy

24                   generating facility would have in the region;

25  d. Whether, in relation to other pending or past grant applications

26                   or awards under this section, the proposed site would be located

27                   in a geographically diverse region of the Commonwealth;

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    UNOFFICIAL COPY                                            26 RS SB 57/GA

1   e. The amount of additional investment being made in the proposed

2                    project by the eligible applicant or applicants or other sources;

3                    and

4   f. Any other criteria the authority deems appropriate to evaluate.

5   (d) Notwithstanding any provision of law to the contrary, any information,

6   data, or records provided as part of an application for grant funding under

7   this section shall be confidential and exempt from disclosure under the

8   requirements of KRS 61.870 to 61.884.

9 (3) (a) To be eligible to apply for grant funding under this section, eligible

10  applicants must demonstrate that:

11  1. The community where the proposed site of the new nuclear energy

12  generating facility would be located has applied for a nuclear-ready

13  community designation under KRS 164.2804; and

14  2. There would be material benefits, including but not limited to the

15  provision of electric utility service, job creation, and return on

16  investment to the ratepayers and the impacted community to be served

17  by the proposed new nuclear energy generating facility.

18  (b) To be eligible to be awarded grant funding under this section, eligible

19  applicants must demonstrate that the community where the proposed site of

20  the new nuclear energy generating facility would be located has received a

21  nuclear-ready community designation under KRS 164.2804.

22 (4) In exchange for any grant funding authorized by the General Assembly under

23  this section, the utility or the affiliate and any partners it may have shall procure

24  a surety bond or other similar security acceptable to the authority in the amount

25  of the grant funding to be awarded. The surety bond or similar security shall bind

26  the principal or principals and the surety to the Commonwealth to repay all grant

27  moneys forfeited pursuant to subsection (5) of this section. The surety bond or

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    UNOFFICIAL COPY                                                26 RS SB 57/GA

1   other similar security shall be continuous and remain in effect until the

2   completion of the construction of the nuclear energy generating facility for which

3   the permit or license was issued or upon the repayment of all forfeited grant

4   funds pursuant to subsection (5) of this section. Any cancellation of the bond or

5   similar security shall not occur until thirty (30) days written notice is provided by

6   the provider of the surety bond or other similar security to the authority.

7 (5) A grant funding recipient and all of its partners shall forfeit and repay all grant

8   funding awarded under this section within sixty (60) days of:

9   (a) If it has not already done so, failing to apply to the United States Nuclear

10  Regulatory Commission for an early site permit within one (1) year of

11  receiving any grant funding under this section;

12  (b) Failing to apply to the United States Nuclear Regulatory Commission for a

13  construction permit or combined operating license for a nuclear energy

14  generating facility, or for a necessary license issued under other licensing

15  frameworks that may be adopted in federal regulations by the United States

16  Nuclear Regulatory Commission for advanced nuclear generating reactors,

17  for which an early site permit was awarded within five (5) years of obtaining

18  the early site permit. The authority may approve extensions of the deadline

19  established by this paragraph in one (1) year increments for good cause

20  shown;

21  (c) Failing to commence construction of the nuclear energy generating facility

22  for which all necessary permits or licenses have been awarded by the United

23  States Nuclear Regulatory Commission within ten (10) years of obtaining

24  all necessary permits or licenses. The authority may approve extensions of

25  the deadline established by this paragraph in one (1) year increments for

26  good cause shown; or

27  (d) The transferring of the entirety of a utility's or affiliate's interest in the

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    UNOFFICIAL COPY                                            26 RS SB 57/GA

1   early site permit, the construction permit, or the combined operating license

2   to an entity other than another utility prior to the commencement of

3   construction of the nuclear energy generating facility for which a permit or

4   license was awarded, unless the authority finds that the transfer is in the

5   best interest of the Commonwealth.

6   SECTION 2. A NEW SECTION OF KRS CHAPTER 278 IS CREATED TO

7 READ AS FOLLOWS:

8 (1) As used in this section:

9   (a) "Combined operating license" means a license issued by the United States

10  Nuclear Regulatory Commission pursuant to 10 C.F.R. sec. 52.71 et seq.

11  that enables its holder to construct and operate a nuclear power plant at a

12  specific site;

13  (b) "Construction permit" means a permit issued by the United States Nuclear

14  Regulatory Commission pursuant to 10 C.F.R. pt. 50 that enables its holder

15  to construct a nuclear power plant at a specific site;

16  (c) "Early site permit" means a permit issued by the United States Nuclear

17  Regulatory Commission pursuant to 10 C.F.R. sec. 52.12 et seq. that

18  enables its holder to secure federal site approval for a nuclear power plant

19  site prior to seeking an operating reactor license from the United States

20  Nuclear Regulatory Commission;

21  (d) "Generation III Plus" means the generation of nuclear reactor design

22  following Generation III that incorporates passive and other safety

23  measures and design improvements not included in previous nuclear

24  reactor designs;

25  (e) "Generation IV" means the nuclear reactor designs identified and selected

26  by the Generation IV International Forum as follows:

27  1. Sodium-cooled fast reactors;

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    UNOFFICIAL COPY                                             26 RS SB 57/GA

1   2. Gas-cooled fast reactors;

2   3. Lead-cooled fast reactors;

3   4. Molten salt reactors;

4   5. Supercritical water-cooled reactors; and

5   6. Very high temperature reactors; and

6   (f) "Nuclear energy generating facility" means a facility containing a nuclear

7   reactor of Generation III Plus, Generation IV, or later design that produces

8   electricity, at least some of which is sold to the public.

9 (2) (a) Notwithstanding any provision of law to the contrary, upon application by a

10  regulated utility, the commission may allow for the recovery of costs which

11  are not covered in the existing rates of the utility that have been incurred in

12  applying for and procuring an early site permit, construction permit, or

13  combined operating license for a new nuclear energy generating facility to

14  be located within the Commonwealth.

15  (b) The commission shall not allow cost recovery under this section for any

16  amounts that have been offset by grant funding awarded pursuant to

17  Section 1 of this Act.

18  Section 3. KRS 154.32-010 is amended to read as follows:

19 (1) "Activation date" means the date established in the tax incentive agreement that is

20  within two (2) years of final approval;

21 (2) "Affiliate" means the following:

22  (a) Members of a family, including only brothers and sisters of the whole or half

23  blood, spouse, ancestors, and lineal descendants of an individual;

24  (b) An individual, and a corporation more than fifty percent (50%) in value of the

25  outstanding stock of which is owned, directly or indirectly, by or for that

26  individual;

27  (c) An individual, and a limited liability company of which more than fifty

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    UNOFFICIAL COPY                                            26 RS SB 57/GA

1   percent (50%) of the capital interest or profits are owned or controlled,

2   directly or indirectly, by or for that individual;

3   (d) Two (2) corporations which are members of the same controlled group, which

4   includes and is limited to:

5   1. One (1) or more chains of corporations connected through stock

6   ownership with a common parent corporation if:

7   a. Stock possessing more than fifty percent (50%) of the total

8                    combined voting power of all classes of stock entitled to vote or

9                    more than fifty percent (50%) of the total value of shares of all

10                   classes of stock of each of the corporations, except the common

11                   parent corporation, is owned by one (1) or more of the other

12                   corporations; and

13  b. The common parent corporation owns stock possessing more than

14                   fifty percent (50%) of the total combined voting power of all

15                   classes of stock entitled to vote or more than fifty percent (50%) of

16                   the total value of shares of all classes of stock of at least one (1) of

17                   the other corporations, excluding, in computing the voting power

18                   or value, stock owned directly by the other corporations; or

19  2. Two (2) or more corporations if five (5) or fewer persons who are

20  individuals, estates, or trusts own stock possessing more than fifty

21  percent (50%) of the total combined voting power of all classes of stock

22  entitled to vote or more than fifty percent (50%) of the total value of

23  shares of all classes of stock of each corporation, taking into account the

24  stock ownership of each person only to the extent the stock ownership is

25  identical with respect to each corporation;

26  (e) A grantor and a fiduciary of any trust;

27  (f) A fiduciary of a trust and a fiduciary of another trust, if the same person is a

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    UNOFFICIAL COPY                                              26 RS SB 57/GA

1   grantor of both trusts;

2   (g) A fiduciary of a trust and a beneficiary of that trust;

3   (h) A fiduciary of a trust and a beneficiary of another trust, if the same person is a

4   grantor of both trusts;

5   (i) A fiduciary of a trust and a corporation more than fifty percent (50%) in value

6   of the outstanding stock of which is owned, directly or indirectly, by or for the

7   trust or by or for a person who is a grantor of the trust;

8   (j) A fiduciary of a trust and a limited liability company more than fifty percent

9   (50%) of the capital interest, or the interest in profits, of which is owned

10  directly or indirectly, by or for the trust or by or for a person who is a grantor

11  of the trust;

12  (k) A corporation, a partnership, or a limited partnership if the same persons own:

13  1. More than fifty percent (50%) in value of the outstanding stock of the

14  corporation; and

15  2. More than fifty percent (50%) of the capital interest, or the profits

16  interest, in the partnership or limited partnership;

17  (l) A corporation and a limited liability company if the same persons own:

18  1. More than fifty percent (50%) in value of the outstanding stock of the

19  corporation; and

20  2. More than fifty percent (50%) of the capital interest or the profits in the

21  limited liability company;

22  (m) A partnership or limited partnership and a limited liability company if the

23  same persons own:

24  1. More than fifty percent (50%) of the capital interest or profits in the

25  partnership or limited partnership; and

26  2. More than fifty percent (50%) of the capital interest or the profits in the

27  limited liability company;

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    UNOFFICIAL COPY                                                 26 RS SB 57/GA

1   (n) An S corporation and another S corporation if the same persons own more

2   than fifty percent (50%) in value of the outstanding stock of each corporation;

3   S corporation designation being the same as that designation under the

4   Internal Revenue Code of 1986, as amended;

5   (o) An S corporation and a C corporation, if the same persons own more than

6   fifty percent (50%) in value of the outstanding stock of each corporation; S

7   and C corporation designations being the same as those designations under the

8   Internal Revenue Code of 1986, as amended; or

9   (p) Two (2) or more limited liability companies, if the same persons own more

10  than fifty percent (50%) of the capital interest or are entitled to more than fifty

11  percent (50%) of the capital profits in the limited liability companies;

12 (3) "Agribusiness" means the processing of raw agricultural products, including but not

13  limited to timber and industrial hemp, or the performance of value-added functions

14  with regard to raw agricultural products;

15 (4) "Alternative fuel production" means a Kentucky operation that primarily produces

16  alternative transportation fuels for sale. The alternative fuel production may

17  produce electricity as a by-product if the primary function of the operations remains

18  the production and sale of alternative transportation fuels;

19 (5) "Alternative transportation fuels" has the same meaning as in KRS 152.715;

20 (6) "Approved company" means an eligible company that has received final approval

21  to receive incentives under this subchapter;

22 (7) "Approved costs" means the amount of eligible costs approved by the authority at

23  final approval;

24 (8) "Authority" means the Kentucky Economic Development Finance Authority

25  established by KRS 154.20-010;

26 (9) "Biomass resources" has the same meaning as in KRS 152.715;

27 (10) "Capital lease" means a lease classified as a capital lease by the Statement of

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    UNOFFICIAL COPY                                                   26 RS SB 57/GA

1   Financial Accounting Standards No. 13, Accounting for Leases, issued by the

2   Financial Accounting Standards Board, November 1976, as amended;

3 (11) "Carbon dioxide or hydrogen transmission pipeline" means the in-state portion of a

4   pipeline, including appurtenant facilities, property rights, and easements, that is

5   used exclusively for the purpose of transporting carbon dioxide or hydrogen to the

6   point of sale, storage, or other carbon or hydrogen management applications;

7 (12) "Coal severing and processing" means activities resulting in the eligible company

8   being subject to the tax imposed by KRS Chapter 143;

9 (13) "Commonwealth" means the Commonwealth of Kentucky;

10 (14) "Confirmed approved costs" means:

11  (a) For owned economic development projects, the documented eligible costs

12  incurred on or before the activation date; or

13  (b) For leased economic development projects:

14  1. The documented eligible costs incurred on or before the activation date;

15  and

16  2. Estimated rent to be incurred by the approved company throughout the

17  term of the tax incentive agreement.

18  For both owned and leased economic development projects, "confirmed approved

19  costs" may be less than approved costs, but shall not be more than approved costs;

20 (15) "Department" means the Department of Revenue;

21 (16) "Economic development project" means:

22  (a) The acquisition, leasing, or construction of a new facility;

23  (b) The acquisition, leasing, rehabilitation, or expansion of an existing facility; or

24  (c) The installation and equipping of a facility;

25  by an eligible company. "Economic development project" does not include any

26  economic development project that will result in the replacement of facilities

27  existing in the Commonwealth, except as provided in KRS 154.32-060;

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    UNOFFICIAL COPY                                             26 RS SB 57/GA

1 (17) (a) "Eligible company" means any corporation, limited liability company,

2   partnership, limited partnership, sole proprietorship, business trust, or any

3   other entity with a proposed economic development project that is engaged in

4   or is planning to be engaged in one (1) or more of the following activities

5   within the Commonwealth:

6   1. Manufacturing;

7   2. Agribusiness;

8   3. Nonretail service or technology;

9   4. Headquarters operations, regardless of the underlying business activity

10  of the company;

11  5. Alternative fuel, gasification, energy-efficient alternative fuel, or

12  renewable energy production;

13  6. Carbon dioxide or hydrogen transmission pipeline;

14  7. Coal severing and processing;[ or]

15  8. Hospital operations; or

16  9. Development of the nuclear energy ecosystem, including but not

17  limited to nuclear energy generating facility siting and development.

18  (b) "Eligible company" does not include companies where the primary activity to

19  be conducted within the Commonwealth is forestry, fishing, the provision of

20  utilities, except as provided in paragraph (a)9. of this subsection,

21  construction, wholesale trade, retail trade, real estate, rental and leasing,

22  educational services, accommodation and food services, or public

23  administration services;

24 (18) "Eligible costs" means:

25  (a) For owned economic development projects:

26  1. Start-up costs;

27  2. Nonrecurring obligations incurred for labor and nonrecurring payments

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1   to contractors, subcontractors, builders, and materialmen in connection

2   with the economic development project;

3   3. The cost of acquiring land or rights in land and any cost incidental

4   thereto, including recording fees;

5   4. The cost of contract bonds and of insurance of all kinds that may be

6   required or necessary for completion of an economic development

7   project which is not paid by a contractor or otherwise provided for;

8   5. All costs of architectural and engineering services, including test

9   borings, surveys, estimated plans and specifications, preliminary

10  investigations, and supervision of construction, as well as for the

11  performance of all the duties required for construction of the economic

12  development project;

13  6. All costs which are required to be paid under the terms of any contract

14  for the economic development project;

15  7. All costs incurred for construction activities, including site tests and

16  inspections; subsurface site work; excavation; removal of structures,

17  roadways, cemeteries, and other surface obstructions; filling, grading,

18  and providing drainage and storm water retention; installation of utilities

19  such as water, sewer, sewage treatment, gas, electric, communications,

20  and similar facilities; off-site construction of utility extensions to the

21  boundaries of the real estate; construction and installation of railroad

22  spurs as needed to connect the economic development project to existing

23  railways; or similar activities as the authority may determine necessary

24  for construction of the economic development project; and

25  8. All other costs of a nature comparable to those described above; and

26  (b) For leased economic development projects:

27  1. Start-up costs;

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    UNOFFICIAL COPY                                                         26 RS SB 57/GA

1   2. Building/leasehold improvements; and

2   3. Fifty percent (50%) of the estimated annual rent for each year of the tax

3   incentive agreement.

4   Notwithstanding any other provision of this subsection, for economic development

5   projects that are not in enhanced incentive counties, the cost of equipment eligible

6   for recovery as an eligible cost shall not exceed twenty thousand dollars ($20,000)

7   for each new full-time job created as of the activation date;

8 (19) "Employee benefits" means payments by an approved company for its full-time

9   employees for health insurance, life insurance, dental insurance, vision insurance,

10  defined benefits, 401(k), or similar plans;

11 (20) "Energy-efficient alternative fuel production" means a Kentucky operation that

12  produces for sale energy-efficient alternative fuels;

13 (21) "Energy-efficient alternative fuels" means homogeneous fuels that:

14  (a) Are produced from processes designed to densify feedstock coal, waste coal,

15  or biomass resources; and

16  (b) Have an energy content that is greater than the feedstock coal, waste coal, or

17  biomass resource;

18 (22) "Enhanced incentive counties" means counties certified by the authority pursuant to

19  KRS 154.32-050;

20 (23) "Final approval" means the action taken by the authority authorizing the eligible

21  company to receive incentives under this subchapter;

22 (24) (a) "Full-time job" means a job held by a person who:

23  1. Is required to work a minimum of thirty-five (35) hours per week; and

24  2. a. Is subject to the Kentucky individual income tax imposed by KRS

25                   141.020; or

26  b. Works remotely away from the economic development project if

27                   the job meets all of the following conditions:

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1                    i. Is held by a Kentucky resident;

2                    ii. Was created as a result of the economic development project;

3                             and

4                    iii. The payroll of this job is expensed to the economic

5                             development project.

6   (b) "Full-time job" does not include a job held by a resident of any state with a

7          reciprocal agreement between the Commonwealth and the other state as

8          described in KRS 141.070;

9 (25) "Gasification process" means a process that converts any carbon-containing

10  material into a synthesis gas composed primarily of carbon monoxide and

11  hydrogen;

12 (26) "Gasification production" means a Kentucky operation that primarily produces for

13  sale:

14  (a) Alternative transportation fuels;

15  (b) Synthetic natural gas;

16  (c) Chemicals;

17  (d) Chemical feedstocks; or

18  (e) Liquid fuels;

19  from coal, waste coal, coal-processing waste, or biomass resources, through a

20  gasification process. The gasification production may produce electricity as a by-

21  product if the primary function of the operations remains the production and sale of

22  alternative transportation fuels, synthetic natural gas, chemicals, chemical

23  feedstocks, or liquid fuels;

24 (27) "Headquarters" means the principal office where the principal executives of the

25  entity are located and from which other personnel, branches, affiliates, offices, or

26  entities are controlled;

27 (28) "Hospital" means a facility licensed by the Cabinet for Health and Family Services

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    UNOFFICIAL COPY                                                       26 RS SB 57/GA

1   under KRS Chapter 216B for the operation of a hospital and the basic services

2   provided by a hospital;

3 (29) "Incentives" means the incentives available under this subchapter, as listed in KRS

4   154.32-020(3);

5 (30) "Job target" means the annual average number of new full-time jobs that the

6   approved company commits to create and maintain at the economic development

7   project, which shall not be less than ten (10) new full-time jobs;

8 (31) "Kentucky gross receipts" has the same meaning as in KRS 141.0401;

9 (32) "Kentucky gross profits" has the same meaning as in KRS 141.0401;

10 (33) "Lease agreement" means an agreement between an approved company and an

11  unrelated entity conveying the right to use a facility, the terms of which reflect an

12  arms' length transaction. "Lease agreement" does not include a capital lease;

13 (34) "Leased project" means an economic development project site occupied by an

14  approved company pursuant to a lease agreement;

15 (35) "Manufacturing" means any activity involving:

16  (a) Processing, assembling, or production of any property, including the

17  processing resulting in a change in the conditions of the property and any

18  activity related to the processing, assembling, or production of property,

19  together with the storage, warehousing, distribution, and related office

20  facilities; or

21  (b) Production of vital medications, personal protective equipment, or equipment

22  necessary to produce personal protective equipment;

23 (36) (a) "Nonretail service or technology" means any activity where service or

24  technology is provided predominantly outside the Commonwealth and

25  designed to serve a multistate, national, or international market.

26  (b) "Nonretail service or technology" includes but is not limited to call centers,

27  centralized administrative or processing centers, telephone or Internet sales

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    UNOFFICIAL COPY                                                      26 RS SB 57/GA

1   order or processing centers, distribution or fulfillment centers, data processing

2   centers, research and development facilities, and other similar activities;

3 (37) "Owned project" means an economic development project owned in fee simple by

4   the approved company or an affiliate, or possessed by the approved company or an

5   affiliate pursuant to a capital lease;

6 (38) "Personal protective equipment" means protective clothing, helmets, gloves, face

7   shields, goggles, face masks, respirators, and other equipment designed to protect

8   the user from injury or the spread of infection or illness;

9 (39) "Preliminary approval" means the action taken by the authority preliminarily

10  approving an eligible company for incentives under this subchapter;

11 (40) "Renewable energy production" means a Kentucky operation that utilizes wind

12  power, biomass resources, landfill methane gas, hydropower, solar power, or other

13  similar renewable resources to generate electricity for sale to unrelated entities;

14 (41) "Rent" means the actual annual rent or fee paid by an approved company under a

15  lease agreement;

16 (42) "Start-up costs" means nonrecurring costs incurred to furnish and equip a facility

17  for an economic development project, including costs incurred for:

18  (a) Computers, furnishings, office equipment, manufacturing equipment, and

19  fixtures;

20  (b) The relocation of out-of-state equipment; and

21  (c) Cost of fixed telecommunications equipment;

22  as certified to the authority in accordance with KRS 154.32-030;

23 (43) "Synthetic natural gas" means the same thing as in KRS 152.715;

24 (44) "Tax incentive agreement" means the agreement entered into pursuant to KRS

25  154.32-040 between the authority and an approved company;

26 (45) "Term" means the period of time for which a tax incentive agreement may be in

27  effect, which shall not exceed fifteen (15) years for an economic development

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    UNOFFICIAL COPY                                                  26 RS SB 57/GA

1   project located in an enhanced incentive county, or ten (10) years for an economic

2   development project not located in any other county;

3 (46) "Vital medications" means any drug or biologic used to prevent or treat a serious

4   life-threatening disease or medical condition for which there is no other available

5   source with sufficient supply of that drug or biologic or alternative drug or biologic;

6 (47) "Wage" means the per hour earnings of a full-time employee, including wages, tips,

7   overtime, bonuses, and commissions, as reflected on the employee's federal form

8   W-2 wage and tax statement, but excludes employee benefits; and

9 (48) "Wage target" means the average total hourly compensation amount, including the

10  minimum wage and employee benefits, that the approved company commits to

11  meet for all new full-time jobs created and maintained as a result of the economic

12  development project, which shall not be less than:

13  (a) One hundred twenty-five percent (125%) of the federal minimum wage in

14  enhanced incentive counties; or

15  (b) One hundred fifty percent (150%) of the federal minimum wage in all other

16  counties.

17  Section 4. KRS 164.2802 is amended to read as follows:

18 (1) The Kentucky Nuclear Energy Development Authority is hereby established and

19  attached to the University of Kentucky Center for Applied Energy Research for

20  administrative purposes. The mission of the Kentucky Nuclear Energy

21  Development Authority shall be to:

22  (a) Serve as the nonregulatory, trusted state government agency on nuclear

23  energy issues and development in the Commonwealth; and

24  (b) Support and facilitate the development of the nuclear energy ecosystem across

25  the Commonwealth in a collaborative manner that:

26  1. Enhances the Commonwealth's economy;

27  2. Offers energy production and economic development opportunities that

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    UNOFFICIAL COPY                                                 26 RS SB 57/GA

1   are safe;

2   3. Protects the environment across the Commonwealth;

3   4. Supports community voices, especially in underrepresented or

4   historically impacted areas;

5   5. Increases energy education; and

6   6. Prepares a future workforce.

7 (2) The Kentucky Nuclear Energy Development Authority shall be governed by an

8   advisory board consisting of the following twenty-two (22) voting members and

9   eight (8) nonvoting members:

10  (a) Seven (7) state government members or their designees who shall be voting

11  members:

12  1. The director of the University of Kentucky Center for Applied Energy

13  Research, who shall serve as chair;

14  2. The secretary of the Energy and Environment Cabinet;

15  3. The secretary of the Cabinet for Economic Development;

16  4. The chair of the Public Service Commission;

17  5. The president of the Council on Postsecondary Education;

18  6. The secretary of the Education and Labor Cabinet; and

19  7. The director of the Division of Emergency Management;

20  (b) Fifteen (15) at-large members who shall be voting members:

21  1. A representative from each of the four (4) investor-owned electric

22  utilities operating in the Commonwealth, designated by the president of

23  each investor-owned electric utility, unless two (2) or more of the

24  investor-owned electric utilities are operated under common ownership,

25  in which case only one (1) representative shall be designated for the

26  commonly owned utilities;

27  2. Three (3) representatives of electric cooperatives designated by the chief

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    UNOFFICIAL COPY                                             26 RS SB 57/GA

1   operating officer of the Kentucky Association of Electric Cooperatives,

2   as follows:

3   a. One (1) of whom shall represent distribution cooperatives; and

4   b. Two (2) of whom shall represent each of the generation and

5                    transmission electric cooperatives operating in the

6                    Commonwealth, unless they are operated under common

7                    ownership, in which case only one (1) representative shall be

8                    designated for the commonly owned generation and transmission

9                    electric cooperatives;

10  3. A representative of the Tennessee Valley Authority, designated by its

11  chief nuclear officer;

12  4. A representative of municipal utilities, designated by the executive

13  director of the Kentucky League of Cities;

14  5. A representative of nuclear site remediation services, designated by the

15  director of business services for the Four Rivers Nuclear Partnership or

16  by another organization that provides nuclear site remediation services;

17  6. A representative for environmental interests, designated by the

18  executive director of the Kentucky Conservation Committee;

19  7. A representative of manufacturers, designated by the president of the

20  Kentucky Association of Manufacturers;

21  8. A representative for commercial interests, designated by the president of

22  the Kentucky Chamber of Commerce;

23  9. A mayor of a city, designated by the executive director of the Kentucky

24  League of Cities, who lives in an "energy community" as that term is

25  used in the Inflation Reduction Act of 2022, Pub. L. No. 117-169, and as

26  it is defined in the latest guidance by the Internal Revenue Service; and

27  10. A county judge/executive, designated by the executive director of the

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    UNOFFICIAL COPY                                             26 RS SB 57/GA

1   Kentucky Association of Counties, who lives in an "energy community"

2   as that term is used in the Inflation Reduction Act of 2022, Pub. L. No.

3   117-169, and as it is defined in the latest guidance by the Internal

4   Revenue Service; and

5   (c) Eight (8) nonvoting members:

6   1. The president of the Nuclear Energy Institute, or designee;

7   2. A representative from a national nuclear educational nonprofit

8   organization, designated by the chair and confirmed by a majority of the

9   voting members;

10  3. A representative from a United States Department of Energy National

11  Laboratory with expertise in nuclear energy policy issues, designated by

12  the chair and confirmed by a majority of the voting members;

13  4. A representative from a nongovernmental nuclear policy advocacy

14  organization, designated by the chair and confirmed by a majority of the

15  voting members;

16  5. Two (2) members of the Senate, who shall serve as ex officio members,

17  designated by the President of the Senate; and

18  6. Two (2) members of the House of Representatives, who shall serve as

19  ex officio members, designated by the Speaker of the House of

20  Representatives.

21 (3) State government members named in subsection (2)(a) of this section and members

22  of the General Assembly named in subsection (2)(c)5. and 6. of this section shall

23  serve on the advisory board during the terms of their appointed or elected state

24  government positions. After the initial appointments, all other members of the

25  advisory board shall serve terms of four (4) years. Members shall be eligible to

26  succeed themselves and shall serve until their successors are appointed. A vacancy

27  occurring during the term of any member shall be filled in the same manner as the

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    UNOFFICIAL COPY                                             26 RS SB 57/GA

1   original appointment.

2 (4) A majority of the voting members of the advisory board shall constitute a quorum

3   for the purposes of conducting business. The advisory board shall meet at least

4   quarterly, or more often at the call of the chair.

5 (5) Members of the advisory board shall not be paid for their service as board

6   members, and they shall not be reimbursed for any expenses relating to their

7   attendance of board meetings.

8 (6) The advisory board shall hire a director of the authority who shall possess the skills

9   and experience necessary to lead the authority effectively, promote the safe and

10  responsible development of nuclear energy, publicize and encourage application to

11  the Nuclear Energy Development Grant Program established in KRS 164.2803, and

12  achieve the authority's purposes described in subsection (8)[(7)] of this section.

13 (7) Beginning January 1, 2027, the authority shall provide to its advisory board

14  members at least twenty (20) hours of training each year in any area relating to

15  nuclear energy generation, siting, or policy.

16 (8) The purposes of the authority shall be to:

17  (a) Assist interested communities in understanding advanced nuclear

18  opportunities, including the importance of secure, firm, cost-competitive

19  power for customers and for economic development opportunities, as well as

20  the potential for direct and indirect economic benefits associated with the

21  employment and tax revenue generated from nuclear energy projects;

22  (b) Provide information to the public on the history of nuclear energy

23  technologies in the Commonwealth, the status of existing nuclear energy

24  projects within the Commonwealth, and the potential benefits and concerns

25  associated with nuclear energy technologies;

26  (c) Develop the capacity for nuclear energy economic development in the

27  Commonwealth, which shall include providing information to educational

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    UNOFFICIAL COPY                                                    26 RS SB 57/GA

1   institutions on the types of career opportunities that will be available with the

2   development of nuclear energy, building strong relationships with economic

3   development professionals, promoting existing economic development

4   incentives applicable to nuclear energy development, and seeking out new

5   grants and other financial support for nuclear energy development;

6   (d) Seek greater clarity and certainty with stakeholders on financial support for

7   early nuclear site permitting, the process for obtaining a nuclear power facility

8   certificate of public convenience and necessity, and the recovery of

9   construction work in progress for nuclear energy projects;

10  (e) Work with communities that have previously hosted nuclear-related activities

11  and other communities facing a transition away from fossil fuels to empower

12  those communities with the resources and information necessary to engage

13  with regulators, developers, and decisionmakers on new nuclear power

14  facilities, nuclear component manufacturing facilities, and fuel cycle facilities;

15  (f) Strengthen engagement with the federal Nuclear Regulatory Commission by

16  reviewing current safety and security practices implemented at different types

17  of nuclear energy facilities under their purview, promoting the streamlining of

18  permitting efforts, and supporting the siting of interim and permanent nuclear

19  storage facilities via the continued use of consent-based siting;

20  (g) Build the organizational capacity to engage and potentially convene a

21  consortium of stakeholders interested in nuclear energy technologies that

22  would consist of utilities, environmental advocates, electric cooperatives, and

23  major industrial companies in order to share best practices, including how to

24  share risk associated with developing and constructing new nuclear power

25  plants within the Commonwealth;

26  (h) Engage with the United States Department of Energy National Laboratories,

27  academic institutions, and private companies on efforts to develop deployable

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    UNOFFICIAL COPY                                                         26 RS SB 57/GA

1   technologies to reprocess or recycle spent nuclear fuel;

2   (i) Maintain awareness of potential events that could initiate or accelerate the

3   development of new nuclear energy technologies within the Commonwealth

4   to allow the public to benefit from these projects;[ and]

5   (j) Through the nuclear energy development grant administration subcommittee,

6   review and evaluate grant applications and make grant awards in accordance

7   with KRS 164.2803; and

8   (k) Through the Nuclear Reactor Site Readiness Pilot Program, review and

9   evaluate grant applications and make recommendations to the General

10  Assembly for funding eligible projects.

11 (9)[(8)] The authority, with the approval of the advisory board, shall:

12  (a) Propose and adopt bylaws for the management and operation of the authority,

13  including for the Nuclear Energy Development Grant Program established in

14  KRS 164.2803;

15  (b) Develop and adopt a strategic plan for carrying out the purposes of the

16  authority described in subsection (8)[(7)] of this section;

17  (c) Create and update at least once every two (2) years a nuclear energy economic

18  impact analysis for the Commonwealth;

19  (d) Employ necessary staff to carry out the functions of the authority, including,

20  subject to available funding, third-party consultants with the subject matter

21  expertise to assist as needed with the studies, reviews, examinations, and

22  recommendations for which the authority is responsible; and

23  (e) By December 1, 2025, and each December 1 thereafter, submit a report to the

24  Governor and the Legislative Research Commission for referral to the Interim

25  Joint Committees on Natural Resources and Energy, Appropriations and

26  Revenue, and Economic Development and Workforce Investment providing:

27  1. A summary of the authority's activities and achievements since its last

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    UNOFFICIAL COPY                                                 26 RS SB 57/GA

1   report;

2   2. The evaluations and scores of all nuclear energy development grant

3   applications received and all grant awards made pursuant to KRS

4   164.2803 since its last report;

5   3. The evaluations, scores, and funding recommendations for applicants

6   to the Nuclear Reactor Site Readiness Pilot Program established in

7   Section 1 of this Act; and

8   4.[3.] Recommendations for the support and expansion of the nuclear energy

9   ecosystem in the Commonwealth.

10  Section 5. KRS 164.2803 is amended to read as follows:

11 (1) The Kentucky Nuclear Energy Development Authority established in KRS

12  164.2802 shall create and implement the Nuclear Energy Development Grant

13  Program for the advancement and location of nuclear fission and fusion energy-

14  related projects to support the entire nuclear energy ecosystem in the

15  Commonwealth, including utility and private sector economic development

16  activities. The nuclear energy ecosystem includes but is not limited to:

17  (a) The nuclear fuel cycle, which includes fuel conversion, enrichment, and

18  fabrication, as well as potential future spent fuel recycling and reprocessing;

19  (b) Nuclear fission or fusion reactor design and component manufacturing;

20  (c) Component supply chain manufacturing and distribution;

21  (d) Nuclear fission or fusion facility siting and development;

22  (e) Radioisotope production;

23  (f) Facility operation and maintenance;

24  (g) Decommissioning waste storage, transport, and management; and

25  (h) End uses of nuclear energy and co-products.

26 (2) The membership of the Kentucky Nuclear Energy Development Authority shall

27  select five (5) of its voting members to serve on the nuclear energy development

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1   grant administration subcommittee. A majority of the members of the grant

2   administration subcommittee shall constitute a quorum for the purposes of doing

3   business. The subcommittee shall:

4   (a) Create grant applications;

5   (b) Establish grant applicant eligibility requirements;

6   (c) Establish objective scoring criteria to evaluate grant applications, including

7   but not limited to:

8   1. The likelihood that the proposed project funded by the grant will

9   precipitate further investment in the nuclear energy ecosystem;

10  2. The economic impact of the grant funding on the community and region

11  where the proposed project will be located;

12  3. The readiness of the community where the proposed project will be

13  located to host nuclear-related investments, including whether the

14  community has been awarded a nuclear-ready community designation

15  under KRS 164.2804; and

16  4. The amount of additional investment that would be made in the

17  proposed project by the grant applicant and other sources; and

18  (d) Make determinations on grant eligibility and funding and make grant awards

19  based on those determinations, not to exceed two million dollars ($2,000,000)

20  per individual grant.

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Every fact on this page links to its source, starting with the official bill record.