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Oklahoma Legislature· HB 3175Referred to Appropriations

An act relating to nuclear energy, the official text

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1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3175   By: Archer

4

5

6                   AS INTRODUCED

7   An Act relating to nuclear energy; defining terms;

    creating the Oklahoma Advanced Nuclear Energy Office;

8   stating purposes of Office; making certain

    authorizations for the Office; prohibiting certain

9   gifts; prohibiting requirement that certain project

    be in a specific location; authorizing the adoption

10  of certain rules; requiring certain study be

    conducted; requiring report be issued by certain

11  date; requiring Governor appoint director; listing

    requirements for director; listing duties of

12  director; authorizing the hiring of staff; requiring

    submission of certain strategic plan; authorizing the

13  hiring of a nuclear permitting coordinator; requiring

    coordinator have familiarity with certain processes;

14  listing duties of coordinator; requiring coordinator

    provide certain assistance; requiring certain

15  documentation be kept and available to public upon

    request; creating the Oklahoma Advanced Nuclear

16  Development Revolving Fund; stating type of fund;

    stating content of fund; listing purpose of fund;

17  providing for expenditures; requiring the

    establishment of certain grant program; providing

18  details on granting of funds; requiring applicants

    submit certain information; prohibiting applicants

19  from receiving certain grants; requiring certain

    notice of proposed grants; disallowing approval of

20  certain grants if disapproved by certain individuals;

    authorizing extension of review; requiring certain

21  written agreement; detailing terms of written

    agreement; limiting amount of grant rewards;

22  authorizing certain reimbursement grants; listing

    expenses that qualify for reimbursement; requiring

23  the showing proof of certain expenses; limiting

    amount of reimbursement grants; authorizing the

24  promulgation of certain rules; requiring certain

    Req. No. 14480                                         Page 1
1   permit for certain reimbursement grant; authorizing

    the distribution of grants on a rolling basis;

2   stating process for distribution; authorizing grant

    for completion of an operation nuclear reactor that

3   make certain interconnection; requiring the

    establishment of certain procedures; requiring

4   certain application evaluation be made; listing

    criteria for evaluation; requiring certain

5   information submitted be deemed confidential;

    providing for codification; and providing an

6   effective date.

7

8

9

10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

11  SECTION 1.      NEW LAW  A new section of law to be codified

12 in the Oklahoma Statutes as Section 10.10 of Title 74, unless there

13 is created a duplication in numbering, reads as follows:

14  As used in this act:

15  1. "Advanced nuclear project" means an electric generation

16 facility that relies on an advanced nuclear reactor to generate

17 power, steam, or heat, a nuclear fuel cycle facility that supplies

18 advanced nuclear reactors, or associated technologies supporting the

19 advanced nuclear energy industry;

20  2. "Advanced nuclear reactor" means a range of nuclear reactor

21 technologies determined by the Regulatory Commission to be either of

22 generation III+ or generation IV, including large light water

23 reactors, small modular reactors, microreactors, and nuclear

24 cogeneration;

    Req. No. 14480                                                  Page 2
1   3. "Construction permit" means a permit issued by the

2 Regulatory Commission for the construction of:

3   a. a nuclear production or utilization facility, or

4   b. a research or test reactor that contributes to the

5               future commercialization of that research or test

6               reactor technology;

7   4. "Director" means the director of the Office;

8   5. "License" means a license issued by the Regulatory

9 Commission that authorizes the license holder to construct and

10 operate a nuclear power facility, such as a nuclear plant at a

11 specific site, with specified conditions;

12  6. "Office" means the Oklahoma Advanced Nuclear Energy Office

13 established under Section 2 of this act;

14  7. "Regulatory Commission" means the United States Nuclear

15 Regulatory Commission; and

16  8. "Utility Commission" means the Oklahoma Corporation

17 Commission.

18  SECTION 2.      NEW LAW     A new section of law to be codified

19 in the Oklahoma Statutes as Section 10.11 of Title 74, unless there

20 is created a duplication in numbering, reads as follows:

21  A. The Oklahoma Advanced Nuclear Energy Office is an office

22 within the office of the Governor and the Office shall be assigned

23 to the Secretary of Energy.

24  B. The purposes of the Office are to:

    Req. No. 14480                                                 Page 3
1   1. Provide strategic leadership for the advanced nuclear

2 reactor system in this state;

3   2. Collaborate with interested stakeholders and state and local

4 leaders to craft a statewide strategic advanced nuclear energy

5 public outreach program;

6   3. Promote the development of advanced nuclear reactors for

7 dispatchable electric generation while creating high-wage advanced

8 manufacturing jobs in this state;

9   4. Lead the transition to a balanced energy future by advancing

10 innovative nuclear energy generation technologies while delivering

11 safe, reliable, and clean energy solutions that address the state's

12 growing demand;

13  5. Enhance the state's energy security, foster economic growth,

14 and ensure the safety of future nuclear energy generation

15 development;

16  6. Identify barriers to the financial viability of nuclear

17 energy generation and regulatory and licensing complexities that

18 increase risk to developers of nuclear energy;

19  7. Leverage the expertise and capacity of institutions of

20 higher education, the nuclear energy industry, the industrial

21 manufacturing sector, and regulatory stakeholders to develop a

22 comprehensive strategic plan to ensure the development of advanced

23 nuclear energy and associated technologies in this state; and

24

    Req. No. 14480                                                 Page 4
1   8. Support the development of an advanced nuclear energy supply

2 chain and associated technologies in this state.

3   C. The Office may:

4   1. Subject to subsection D of this section, solicit and accept

5 gifts, grants, or loans from and contract with any entity;

6   2. Establish ad hoc advisory committees as necessary to carry

7 out the Office's duties under this chapter; and

8   3. Exercise any other power necessary to carry out the purposes

9 of this act.

10  D. The Office may not accept a gift, grant, or loan from or

11 contract with an applicant for or a beneficiary of a grant provided

12 pursuant to this act.

13  E. The Office may not require an advanced nuclear project to be

14 located in a specific location.

15  F. The Office may adopt and enforce rules necessary to carry

16 out the provisions of this act.

17  G. The Office and the Oklahoma Corporation Commission, with the

18 assistance of any other state entity the Office or the Utility

19 Commission determines is necessary, shall conduct a study to

20 identify necessary state regulatory functions related to nuclear

21 energy generation facilities in this state. The Office and the

22 Utility Commission shall submit the study to the Governor, the

23 President Pro Tempore of the Oklahoma State Senate, and the Speaker

24

    Req. No. 14480                                                 Page 5
1 of the Oklahoma House of Representatives no later than December 1,

2 2027.

3   SECTION 3.      NEW LAW  A new section of law to be codified

4 in the Oklahoma Statutes as Section 10.12 of Title 74, unless there

5 is created a duplication in numbering, reads as follows:

6   A. The Governor shall employ a director of the Oklahoma

7 Advanced Nuclear Energy Office. The director shall serve at the

8 pleasure of the Governor.

9   B. The director shall have demonstrated:

10  1. Experience in the field of advanced nuclear energy; and

11  2. Executive and organizational ability.

12  C. The director may not have any direct or indirect interests

13 that substantially conflict with the director's duties.

14  D. The director shall:

15  1. Manage the affairs of the Office;

16  2. Administer programs established by this act; and

17  3. Establish appropriate milestones and standards to ensure

18 proper use of money under this chapter.

19  E. The director may hire staff as necessary to implement the

20 duties of the Office pursuant to this act.

21  SECTION 4.      NEW LAW  A new section of law to be codified

22 in the Oklahoma Statutes as Section 10.13 of Title 74, unless there

23 is created a duplication in numbering, reads as follows:

24

    Req. No. 14480                                              Page 6
1   Not later than December 1 of each even-numbered year, the

2 director shall submit to the Governor, the President Pro Tempore of

3 the Oklahoma State Senate, and the Speaker of the Oklahoma House of

4 Representatives a strategic plan for furthering the goals, purposes,

5 and objectives established by this act.

6   SECTION 5.      NEW LAW  A new section of law to be codified

7 in the Oklahoma Statutes as Section 10.14 of Title 74, unless there

8 is created a duplication in numbering, reads as follows:

9   A. The Director of the Oklahoma Advanced Nuclear Energy Office

10 may employ a nuclear permitting coordinator to assist businesses

11 throughout the nuclear energy permitting and regulatory process.

12  B. A nuclear permitting coordinator shall have a demonstrated

13 familiarity with the permitting and regulatory process in this

14 state.

15  C. The nuclear permitting coordinator shall:

16  1. Act as a single point of contact for stakeholders during the

17 nuclear energy permitting and regulatory process;

18  2. Identify active or likely siting opportunities and required

19 permits and approvals for nuclear energy generation sites and key

20 personnel; and

21  3. Provide guidance for regulated persons navigating local,

22 state, and federal regulations for nuclear energy generation

23 facilities.

24

    Req. No. 14480                                                 Page 7
1   D. The nuclear permitting coordinator shall make any assistance

2 provided under this section equally available to all businesses

3 engaged in the nuclear energy permitting and regulatory process.

4   E. The nuclear permitting coordinator shall document all

5 activities carried out in the provision of assistance under this

6 section and make that information available to the public on

7 request.

8   SECTION 6.      NEW LAW  A new section of law to be codified

9 in the Oklahoma Statutes as Section 10.15 of Title 74, unless there

10 is created a duplication in numbering, reads as follows:

11  There is hereby created in the State Treasury a revolving fund

12 for the Oklahoma Advanced Nuclear Energy Office, established under

13 Section 2 of this act, to be designated the "Oklahoma Advanced

14 Nuclear Development Revolving Fund". The fund shall be a continuing

15 fund, not subject to fiscal year limitations. Subject to subsection

16 D of Section 2 of this act, the fund may consist of gifts, grants,

17 or donations. All monies accruing to the credit of the fund are

18 hereby appropriated and shall be budgeted and expended by the

19 Oklahoma Advanced Nuclear Energy Office for the restricted purposes

20 of providing reimbursement-based grants to eligible businesses,

21 nonprofit organizations, and governmental entities, including

22 institutions of higher education, through the programs established

23 in this act and to pay for reasonable and necessary costs for staff

24 support necessary to facilitate the work of the Oklahoma Advanced

    Req. No. 14480                                                  Page 8
1 Nuclear Energy Office. Expenditures from the fund shall be made

2 upon warrants issued by the State Treasurer against claims filed as

3 prescribed by law with the Director of the Office of Management and

4 Enterprise Services for approval and payment.

5   SECTION 7.      NEW LAW  A new section of law to be codified

6 in the Oklahoma Statutes as Section 10.16 of Title 74, unless there

7 is created a duplication in numbering, reads as follows:

8   A. The Oklahoma Advanced Nuclear Energy Office shall establish

9 grant programs under this act and the director shall administer

10 those programs.

11  B. The Office may provide a grant pursuant to this act only to

12 reimburse expenses paid by a recipient using the recipient's own

13 funds. An applicant for a grant under the provisions of this act

14 may have received financial assistance or incentives from a local,

15 state, or federal source, but the Office may not provide a grant

16 pursuant to this act to reimburse expenses paid by a recipient or

17 the recipient's project partner using financial assistance or

18 incentives from the local, state, or federal source. An applicant

19 shall provide the Office with detailed information regarding any

20 financial assistance or incentives requested or received for the

21 project for which it is requesting grant funds.

22  C. An applicant that has received state-appropriated money for

23 an advanced nuclear reactor is not eligible to receive a grant under

24 Section 9 of this act.

    Req. No. 14480                                                 Page 9
1   D. The Office shall submit to the Lieutenant Governor and the

2 Speaker of the Oklahoma House of Representatives a notice of each

3 grant the office proposes to approve. The Office may not approve

4 the grant if both those officers submit a written communication to

5 the Office disapproving the grant on or before the thirtieth day

6 after the date the Office submits the notice of the proposed grant

7 to those officers. The Lieutenant Governor or Speaker of the

8 Oklahoma House of Representatives may extend the review deadline for

9 an additional fourteen (14) days by submitting a written notice to

10 that effect to the Office before the expiration of the initial

11 review period.

12  E. Before awarding a grant pursuant to this act, the Office

13 shall enter into a written agreement with the grant recipient. A

14 written agreement under this subsection shall:

15  1. Specify benchmarks and milestones for the completion of the

16 project for which the grant is provided; and

17  2. Require the grant recipient to repay to the state money

18 received from that grant if the recipient fails to reach the

19 specified benchmarks.

20  F. The Office may not during a state fiscal year award out of

21 money appropriated for grants pursuant to this act a total amount

22 greater than:

23  1. Twenty percent (20%) of the appropriated money for grants

24 provided under Section 8 of this act; and

    Req. No. 14480                                                 Page 10
1   2. Eighty percent (80%) of the appropriated money for grants

2 provided under Section 9 of this act.

3   SECTION 8.      NEW LAW  A new section of law to be codified

4 in the Oklahoma Statutes as Section 10.17 of Title 74, unless there

5 is created a duplication in numbering, reads as follows:

6   A. The Oklahoma Advanced Nuclear Energy Office may provide a

7 reimbursement grant from the Oklahoma Advanced Nuclear Development

8 Fund, created in Section 6 of this act, pursuant to this section for

9 the expenses associated with or required for initial development of

10 an advanced nuclear project in this state.

11  B. Expenses that qualify for reimbursement under this section

12 are limited to expenses attributable or allocable to:

13  1. Technology development, including university technology

14 development;

15  2. Feasibility studies;

16  3. Site planning, including conceptual site-specific

17 engineering studies;

18  4. Front-end engineering design;

19  5. Site and environmental characterization;

20  6. Regulatory commission early site permit work;

21  7. Preparation of the construction permit or license

22 application to the Regulatory Commission;

23  8. Developing manufacturing capacity and readiness;

24

    Req. No. 14480                                          Page 11
1   9. Fuel processing, manufacturing, and fabrication activities

2 essential to the fuel cycle supply;

3   10. Preparation of local, state, and nonregulatory commission

4 federal permits; and

5   11. Regulatory Commission licensing fees.

6   C. To be eligible for a reimbursement grant under this section,

7 an applicant must provide with an application proof of incurred

8 expenses described by subsection B of this section.

9   D. A grant provided under this section may not exceed the

10 lesser of:

11  1. Fifty percent (50%) of the amount of qualifying expenses

12 associated with the project; or

13  2. Twelve Million Five Hundred Thousand Dollars

14 ($12,500,000.00).

15  E. The Office by rule shall establish procedures for the

16 application for and provision of a grant pursuant to this section.

17  SECTION 9.        NEW LAW  A new section of law to be codified

18 in the Oklahoma Statutes as Section 10.18 of Title 74, unless there

19 is created a duplication in numbering, reads as follows:

20  A. The Oklahoma Advanced Nuclear Energy Office may provide a

21 reimbursement grant from the Oklahoma Advanced Nuclear Development

22 Fund, created in Section 6 of this act, pursuant to this section for

23 expenses associated with the construction of an advanced nuclear

24 project in this state.

    Req. No. 14480                                             Page 12
1   B. Expenses that qualify for reimbursement under this section

2 are limited to expenses associated with:

3   1. The Regulatory Commission's review of the construction

4 permit or license application;

5   2. Procurement and development of long-lead components; or

6   3. Construction activities, including the manufacture,

7 fabrication, quality assurance, placement, erection, installation,

8 modification, inspection, or testing of an advanced nuclear project.

9   C. To be eligible for a reimbursement grant under this section,

10 an applicant must provide with an application proof of incurred

11 expenses described by subsection B of this section.

12  D. A grant provided under this section may not exceed the

13 lesser of:

14  1. Fifty percent (50%) of the amount of qualifying expenses

15 associated with the project; or

16  2. One Hundred Twenty Million Dollars ($120,000,000.00).

17  E. The Office by rule shall establish procedures for the

18 application for and provision of a grant under this section.

19  F. The Office may not provide a reimbursement grant for a

20 project under this section until the Regulatory Commission has

21 docketed a construction permit or license application for the

22 project.

23  G. The Office by rule shall establish a process to distribute

24 the proceeds of each grant awarded under this section to the grant

    Req. No. 14480                                                Page 13
1 recipient on a rolling basis for qualifying expenses. The process

2 shall include milestones associated with:

3   1. The Regulatory Commission's permitting process; and

4   2. The recipient's financial investment decisions relating to

5 the project.

6   SECTION 10.     NEW LAW   A new section of law to be codified

7 in the Oklahoma Statutes as Section 10.19 of Title 74, unless there

8 is created a duplication in numbering, reads as follows:

9   A. The Oklahoma Advanced Nuclear Energy Office may provide a

10 grant pursuant to this act for the costs associated with the

11 completion of an operational advanced nuclear reactor in this state

12 that is interconnected with the Southwest Power Pool (SPP) power

13 grid.

14  B. The Office, in consultation with the Oklahoma Corporation

15 Commission, by rule shall establish the amount of a grant the Office

16 will provide under this section on a per megawatt basis according to

17 the generation capacity of the advanced nuclear reactor.

18  C. The Office, in consultation with the Oklahoma Corporation

19 Commission, by rule shall establish procedures for:

20  1. The application for and award of a grant under this section;

21  2. The administration of the grant program; and

22  3. Providing grants according to a tiered system based on the

23 amount of electricity in megawatts provided to the SPP grid by an

24 advanced nuclear reactor.

    Req. No. 14480                                               Page 14
1   SECTION 11.     NEW LAW        A new section of law to be codified

2 in the Oklahoma Statutes as Section 10.20 of Title 74, unless there

3 is created a duplication in numbering, reads as follows:

4   The Oklahoma Advanced Nuclear Energy Office shall evaluate each

5 application for a grant pursuant to this act based upon the

6 project's potential benefit to this state and the grant applicant's:

7   1. Quality of services and management;

8   2. Efficiency of operations;

9   3. Access to resources essential for operating the project for

10 which the grant is requested, such as land, water, and reliable

11 infrastructure, as applicable;

12  4. Application for or docketing of a permit or license with the

13 Regulatory Commission; and

14  5. Ability to repay the grant if project benchmarks are not

15 met.

16  SECTION 12.     NEW LAW        A new section of law to be codified

17 in the Oklahoma Statutes as Section 10.21 of Title 74, unless there

18 is created a duplication in numbering, reads as follows:

19  Information submitted to the Oklahoma Advanced Nuclear Energy

20 Office in an application for a grant pursuant to this act is

21 confidential and not subject to disclosure.

22  SECTION 13. This act shall become effective November 1, 2026.

23

24  60-2-14480      JBH        01/05/26

    Req. No. 14480                                               Page 15
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