ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

HB2456: small modular reactors; zoning; co-location

Sponsor: Representative Wilmeth, LD 2

Committee on Artificial Intelligence & Innovation

Overview

Restricts any county from regulating small modular reactors (SMR) if outlined requirements/conditions are met.

History

A county's board of supervisors may adopt a zoning ordinance to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance must be consistent with the county's comprehensive plan (A.R.S. § 11-811).

SMR are nuclear fission reactors that produce electrical energy output and are smaller in both size and output from more traditional, larger nuclear reactors. SMRs vary in size, technology options, capabilities, deployment scenarios and output. These reactors vary in size from tens of megawatts up to hundreds of megawatts, can be used for power generation, process heat, desalination or other industrial uses. SMR designs may employ light water as a coolant or other non-light water coolants such as a gas, liquid metal or molten salt (DOE).

Provisions

1. Prohibits any county ordinance from the preventing, restricting or regulating for the use or occupation of land or improvements for the construction and operation of a SMR if:

a. the SMR is colocated with a large industrial energy user that received proper zoning entitlements; and

b. the owner or SMR operator provided public notice and held a public comment session in the county the SMR's location is proposed. (Sec. 1)

2. States that collocated with, large industrial energy user and small modular nuclear reactor have the same meanings adopted by the Arizona Corporation Commission (ACC) . (Sec. 1)

3. Requires the ACC to adopt rules to implement this legislation. (Sec. 2)

4. Instructs the ACC to amend collocated with to specify one or both of the following:

a. the distance in feet or parcels between the site of a large industrial energy user and the site of a SMR; and

b. the quality or nature of the electrical interconnection between the large industrial energy user and the SMR. (Sec. 2)

5. Directs the ACC to amend large industrial energy user as follows:

a. must specify the peak or average annual or month energy demand of the user that is measure in megawatts or megawatt hours; and

b. may not discriminate between industries, sectors or end users and the owners or operators of end users or end users in any other capacity beyond the use of energy demand and other electrical related operating needs. (Sec. 2)

6. Allows the ACC to adopt definitions for any other terms deemed reasonable or necessary to implement this legislation. (Sec. 2)

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10. Initials TM HB 2456

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