HB 191: "An Act relating to nuclear energy production and transportation of nuclear waste material; amending the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority; relating to the alternative energy revolving loan fund and amending the definition of 'alternative energy system' as it relates to that fund and to the conservation of energy and materials; and providing for an effective date."
00 HOUSE BILL NO. 191 01 "An Act relating to nuclear energy production and transportation of nuclear waste 02 material; amending the definition of 'power project' or 'project' as it relates to rural and 03 statewide energy programs and the Alaska Energy Authority; relating to the alternative 04 energy revolving loan fund and amending the definition of 'alternative energy system' as 05 it relates to that fund and to the conservation of energy and materials; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 18.45.020 is amended to read: 09 Sec. 18.45.020. United States licenses or permits required. A person may 10 not manufacture, construct, produce, transfer, acquire, or possess a special nuclear 11 material facility, by-product material facility, production facility, or utilization 12 facility, or act as an operator of a production facility or utilization facility, wholly 13 within the state without first obtaining a license or permit for the activity in which the
01 person proposes to engage from the Nuclear Regulatory Commission if the 02 commission requires a license or permit to be obtained by persons proposing to engage 03 in the activities. 04 * Sec. 2. AS 18.45.025 is amended to read: 05 Sec. 18.45.025. Facilities siting permit required. (a) A person may not 06 construct a nuclear fuel production facility, nuclear utilization or utilization facility, 07 reprocessing facility, or nuclear waste disposal facility in the state without first 08 obtaining a permit from the Department of Environmental Conservation to construct 09 the facility on land designated by the legislature under (b) of this section. 10 (b) The legislature shall designate by law the land in the state on which a 11 nuclear fuel production facility, nuclear utilization facility, [NUCLEAR] reprocessing 12 facility, or nuclear waste disposal facility may be located. In designating the land in 13 the state on which 14 (1) a nuclear utilization facility or utilization facility may be 15 located, the legislature shall act in the interest of regulating the economics of 16 nuclear energy; 17 (2) a nuclear fuel production facility, [NUCLEAR UTILIZATION,] 18 nuclear reprocessing facility, or nuclear waste disposal facility may be located, the 19 legislature shall act to protect the public health and safety. 20 (c) The Department of Environmental Conservation shall adopt regulations 21 governing the issuance of permits required by (a) of this section. [HOWEVER, A 22 PERMIT MAY NOT BE ISSUED UNTIL 23 (1) REPEALED 24 (2) THE MUNICIPALITY WITH JURISDICTION OVER THE 25 PROPOSED FACILITY SITE HAS APPROVED THE PERMIT; AND 26 (3) REPEALED 27 (4) THE GOVERNOR HAS APPROVED THE PERMIT.] 28 * Sec. 3. AS 42.45.990(4) is amended to read: 29 (4) "power project" or "project" means a plant, works, system, or 30 facility, together with related or necessary facilities and appurtenances, including a 31 divided or undivided interest in or a right to the capacity of a power project or project,
01 that is used or is useful for the purpose of 02 (A) electrical or thermal energy production [OTHER THAN 03 NUCLEAR ENERGY PRODUCTION]; 04 (B) waste energy utilization and energy conservation; or 05 (C) transmission, purchase, sale, exchange, and interchange of 06 electrical or thermal energy, including district heating or interties; 07 * Sec. 4. AS 44.83.990(6) is amended to read: 08 (6) "power project" or "project" means a plant, works, system, or 09 facility, together with related or necessary facilities and appurtenances, including a 10 divided or undivided interest in or a right to the capacity of a power project or project, 11 that is used or is useful for the purpose of 12 (A) electrical or thermal energy production [OTHER THAN 13 NUCLEAR ENERGY PRODUCTION]; 14 (B) waste energy utilization and energy conservation; or 15 (C) transmission, purchase, sale, exchange, and interchange of 16 electrical or thermal energy, including district heating or interties; 17 * Sec. 5. AS 45.88.010(a) is amended to read: 18 (a) There is established in the Department of Commerce, Community, and 19 Economic Development the alternative energy revolving loan fund to carry out the 20 purposes of AS 45.88.010 - 45.88.090. Loans made under AS 45.88.010 - 45.88.090 21 are to be used to develop means of energy production utilizing energy sources 22 [OTHER THAN FOSSIL OR NUCLEAR FUEL], including [, BUT NOT LIMITED 23 TO,] windmills, water, nuclear fuel, and solar energy devices. 24 * Sec. 6. AS 45.88.090(a) is amended to read: 25 (a) In AS 45.88.010 - 45.88.090, "alternative energy system" 26 (1) means a source of thermal, mechanical, or electrical energy that 27 may be [WHICH IS NOT] dependent on oil or gas or a nuclear fuel for the supply of 28 energy for space heating and cooling, refrigeration and cold storage, electrical power, 29 mechanical power, or the heating of water; 30 (2) includes 31 (A) an alternative energy property as defined by 26 U.S.C.
01 48(a)(3)(A) (sec. 301, P.L. 95-618, Internal Revenue Code); 02 (B) a method of architectural design and construction that 03 [WHICH] provides for the collection, storage, and use of direct radiation from 04 the sun; 05 (C) a woodstove with a catalytic converter or a catalytic 06 converter for a wood stove; and 07 (D) a steam, hot water, or ducted hot air central heating system 08 that uses wood or coal for fuel; 09 (3) does not include 10 (A) a stove that uses only wood, coal, or oil for fuel; or 11 (B) a fireplace or fireplace insert. 12 * Sec. 7. AS 46.11.900(1) is amended to read: 13 (1) "alternative energy system" 14 (A) means a source of thermal, mechanical, or electrical energy 15 that may be [IS NOT] dependent on oil or gas or a nuclear fuel for the supply 16 of energy for space heating and cooling, refrigeration and cold storage, 17 electrical power, mechanical power, or the heating of water; 18 (B) includes 19 (i) an alternative energy property as defined by 26 20 U.S.C. 48(a)(3)(A); and 21 (ii) a method of architectural design and construction 22 that provides for the collection, storage, and use of direct radiation from 23 the sun; 24 * Sec. 8. AS 18.45.027 is repealed. 25 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).