SB 291: "An Act relating to nuclear facilities and nuclear energy production and the 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; amending the definition of 'alternative energy system' as it relates to the conservation of energy and materials; and providing for an effective date."
00 SENATE BILL NO. 291 01 "An Act relating to nuclear facilities and nuclear energy production and the 02 transportation of nuclear waste material; amending the definition of 'power project' or 03 'project' as it relates to rural and statewide energy programs and the Alaska Energy 04 Authority; amending the definition of 'alternative energy system' as it relates to the 05 conservation of energy and materials; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 18.45.020 is amended to read: 08 Sec. 18.45.020. United States licenses or permits required. A person may 09 not manufacture, construct, produce, transfer, acquire, or possess a special nuclear 10 material, by-product material, special nuclear material facility, by-product material 11 facility, production facility, or utilization facility, or act as an operator of a production 12 facility or utilization facility, wholly within the state without first obtaining a license 13 or permit for the activity in which the person proposes to engage from the Nuclear
01 Regulatory Commission if the commission requires a license or permit to be obtained 02 by persons proposing to engage in the activities. 03 * Sec. 2. AS 18.45.025(a) is amended to read: 04 (a) A person may not construct a nuclear fuel production facility, nuclear 05 utilization or utilization facility, reprocessing facility, or nuclear waste disposal 06 facility in the state without first obtaining a permit from the Department of 07 Environmental Conservation to construct the facility on land designated by the 08 legislature under (b) of this section. 09 * Sec. 3. AS 18.45.025(b) is amended to read: 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 * Sec. 4. AS 18.45.025(c) is repealed and reenacted to read: 21 (c) The Department of Environmental Conservation shall adopt regulations 22 governing the issuance of permits required by (a) of this section. However, a permit 23 may not be issued until the municipality with jurisdiction over the proposed facility 24 site has approved the permit. 25 * Sec. 5. AS 42.45.990(4) is amended to read: 26 (4) "power project" or "project" means a plant, works, system, or 27 facility, together with related or necessary facilities and appurtenances, including a 28 divided or undivided interest in or a right to the capacity of a power project or project, 29 that is used or is useful for the purpose of 30 (A) electrical or thermal energy production [OTHER THAN 31 NUCLEAR ENERGY PRODUCTION];
01 (B) waste energy utilization and energy conservation; or 02 (C) transmission, purchase, sale, exchange, and interchange of 03 electrical or thermal energy, including district heating or interties; 04 * Sec. 6. AS 44.83.990(6) is amended to read: 05 (6) "power project" or "project" means a plant, works, system, or 06 facility, together with related or necessary facilities and appurtenances, including a 07 divided or undivided interest in or a right to the capacity of a power project or project, 08 that is used or is useful for the purpose of 09 (A) electrical or thermal energy production [OTHER THAN 10 NUCLEAR ENERGY PRODUCTION]; 11 (B) waste energy utilization and energy conservation; or 12 (C) transmission, purchase, sale, exchange, and interchange of 13 electrical or thermal energy, including district heating or interties; 14 * Sec. 7. AS 46.11.900(1) is amended to read: 15 (1) "alternative energy system" 16 (A) means a source of thermal, mechanical, or electrical energy 17 that is not dependent on oil or gas [OR A NUCLEAR FUEL] for the supply of 18 energy for space heating and cooling, refrigeration and cold storage, electrical 19 power, mechanical power, or the heating of water; 20 (B) includes 21 (i) an alternative energy property as defined by 26 22 U.S.C. 48(a)(3)(A); and 23 (ii) a method of architectural design and construction 24 that provides for the collection, storage, and use of direct radiation from 25 the sun; 26 * Sec. 8. AS 18.45.027 is repealed. 27 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).