Section 402.1. Small modular reactor and microreactor fees.
(a) Annual fees.--A person holding a nuclear power reactor construction permit or operating license from the NRC shall pay fees to cover the costs of the programs under this act.
(b) Payment to department.--Within 30 days of the effective date of this section, and each July 1 thereafter, each person holding a nuclear power reactor construction permit or operating license from the NRC for a microreactor or small modular reactor on a site in this Commonwealth shall pay the department an amount determined by the department to be sufficient to cover the department's costs of administering this act, including environmental monitoring, end-of-life decommissioning oversight and administrative oversight associated with small modular reactor and microreactor activities. The department shall not impose a fee that is less than $10,000 or more than $50,000 per site, regardless of the number of individual small modular reactors or microreactors located at the site.
(c) Payment to agency.--Within 30 days of the effective date of this section, and each July 1 thereafter, each person holding a nuclear power reactor construction permit or operating license from the NRC for a microreactor or small modular reactor on a site in this Commonwealth shall pay the agency the following fees, regardless of the number of individual small modular reactors or microreactors located at the site:
(1) An amount not less than $10,000 or more than $50,000, as determined by the agency, to be collected and used by the agency in accordance with the provisions of 35 Pa.C.S. § 7320 (relating to radiological emergency response preparedness, planning and recovery program).
(2) An amount not less than $10,000 or more than $50,000, as determined by the agency, to be collected and used by the agency for radiological emergency response equipment, planning, training and exercise costs involving nonagency personnel.
(d) Deposit.--Payments collected by the agency under subsection (c)(1) shall be deposited into the Radiological Emergency Response Planning and Preparedness Program Fund established under 35 Pa.C.S. § 7320(c). Payments collected by the agency under subsection (c)(2) shall be deposited into the Radiation Emergency Response Fund established under section 403(b). Payments collected by the department under subsection (b) shall be deposited into the Radiation Protection Fund established under section 403(a).
(e) Fee review.--Beginning in 2030 and every three years thereafter, the department and the agency shall each review the fees paid to the department and agency. If the department or agency determines a change in the amount of fees is necessary to cover the costs of administering the programs under this act, the Environmental Quality Board or agency shall promulgate regulations required to set new fee amounts in an amount at least sufficient to cover the department or agency costs to administer the programs.
(402.1 added July 20, 2026, P.L.464, No.37)