SB 177-MICROREACTORS  3:57:58 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 177 "An Act relating to microreactors." [SB 177 was previously heard on 3/21/2022, 4/6/2022, and 4/11/2022.] 3:58:16 PM SENATOR KIEHL moved to adopt Amendment 1, work order 32- GS2503\A.1. 32-GS2503\A.1 Radford 4/5/22 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR KIEHL TO: SB 177 Page 1, line 1, following "Act": Insert "relating to nuclear facility siting  permits; and" Page 1, following line 2: Insert a new bill section to read:  "* Section 1. AS 18.45.025(c) is amended to read: (c) The Department of Environmental Conservation shall adopt regulations governing the issuance of permits required by (a) of this section. However, a permit may not be issued until the municipality with jurisdiction over the proposed facility site has approved the permit or, if the proposed facility site is located in  an unorganized borough, until the legislature has  approved the permit." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. 3:58:21 PM CHAIR REVAK objected for purposes of discussion. 3:58:24 PM SENATOR KIEHL explained that Amendment 1 addresses a concern discussed at the last hearing on SB 177. If a microreactor is proposed outside of a municipality, Amendment 1 will clarify that the legislature must approve site decisions in an unorganized borough. It would maintain that the legislature does not decide on microreactor sites that fall within a municipality. 3:59:01 PM CHAIR REVAK withdrew his objection. 3:59:13 PM SENATOR MICCICHE asked if the department had an opinion on Amendment 1. He related his understanding that no other energy facility has a "trump card" from a municipality regarding permitting capacity. He wondered what impact this might have. 3:59:47 PM At ease 4:00:34 PM CHAIR REVAK reconvened the meeting and asked Senator Micciche to restate the question for the Department of Environmental Conservation (DEC). 4:00:38 PM SENATOR MICCICHE stated that he knows of no other cases where a community has a "trump card" on a facility or facility siting. He asked what effect Amendment 1 would have on any future facility located at a mine that may be near a municipality or for a private entity that is attempting to provide power but is located near a municipality. He noted it would become very dependent on who was currently serving on the city council. 4:01:36 PM CHRISTINA CARPENTER, Director, Division of Environmental Health, Department of Environmental Conservation, Anchorage, Alaska, asked for clarification that his question relates to the requirement for municipal approval for the siting of a microreactor. SENATOR MICCICHE answered that is correct. MS. CARPENTER related that the statutes were developed in the 1980s and require local approval and legislative approval for any siting of a microreactor. She indicated that she could not speak to the legislative intent when the legislature adopted the statutes. SENATOR MICCICHE asked whether the department supports Amendment 1 since it would continue to use that approval process. MS. CARPENTER responded that SB 177 would remove the requirement for legislative approval for siting a microreactor unless the site is in an unorganized borough. The Alaska Constitution already refers back to the legislature in an unorganized borough, so the administration doesn't believe that Amendment 1 is necessary but does not oppose it. 4:04:10 PM At ease 4:04:42 PM CHAIR REVAK reconvened the meeting. CHAIR REVAK withdrew his objection to Amendment 1; he heard no further objection, and Amendment 1 was adopted. 4:05:12 PM SENATOR KIEHL moved to adopt Amendment 2, work order 32GS2503\A.7. 32-GS2503\A.7 Radford 4/14/22 AMENDMENT 2 OFFERED IN THE SENATE BY SENATOR KIEHL Page 1, line 7: Delete "a new subsection" Insert "new subsections" Page 1, following line 9: Insert a new subsection to read: "(c) If the Department of Environmental Conservation receives notice that a person has submitted a Nuclear Regulatory Commission license application for a microreactor located in the state, the Department of Environmental Conservation shall coordinate and submit comments from departments or agencies under (a) of this section on the Nuclear Regulatory Commission licensing process specific to the microreactor." 4:05:16 PM CHAIR REVAK objected for discussion purposes. 4:05:20 PM SENATOR KIEHL stated that he had worked with the department on several iterations to ensure that the language was functional. He stated that the existing statutes provide a long list of departments that must study aspects relevant to their department for any nuclear proposal. SB 177 exempts microreactors. Amendment 2 provides that when the state becomes aware of a nuclear microreactor application submitted to the Nuclear Regulatory Commission (NRC), DEC would be the lead department and coordinate with other departments to comment on the application. This would ensure that the State of Alaska is involved in the federal process and that Alaskans' interests are represented. 4:06:28 PM CHAIR REVAK removed his objection; he heard no further objection, and Amendment 2 was adopted. CHAIR REVAK discerned there were no further amendments and solicited a motion. 4:06:54 PM SENATOR MICCICHE moved to report SB 177, work order 32-GS2503\A, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR REVAK heard no objection, and CSSB 177(RES) was reported from the Senate Resources Standing Committee.