Sec. 16a-101. (Formerly Sec. 19-405). Definitions.
Sec. 16a-102a. Advanced nuclear reactor site readiness funding program.
Sec. 16a-101. (Formerly Sec. 19-405). Definitions. As used in this chapter:
(1) “Atomic energy” has the same meaning as provided in 42 USC 2014, as amended from time to time;
(2) “By-product material” means each of the following: (A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to radiation which is incidental to the process of producing or utilizing special nuclear material; (B) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes but excluding any underground ore bodies depleted by such solution extraction processes; (C) any discrete source of radium-226 that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; (D) any material that (i) was made radioactive by use of a particle accelerator, including by use of a fusion machine, and (ii) if made radioactive by use of a particle accelerator that is not a fusion machine, is produced, extracted or converted after extraction for use for a commercial, medical or research activity; and (E) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical or research activity, if the United States Nuclear Regulatory Commission determines that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety;
(3) “Production facility” has the same meaning as provided in 42 USC 2014, as amended from time to time;
(4) “Special nuclear material” means: (A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material if the United States Nuclear Regulatory Commission determines the material to be such special nuclear material, but does not include source material; or (B) any material artificially enriched by any elements, isotopes or materials listed in subparagraph (A) of this subdivision not including source materials;
(5) “Utilization facility” has the same meaning as provided in 42 USC 2014, as amended from time to time;
(6) “Radioactive material” means any solid, liquid or gas that emits ionizing radiation spontaneously;
(7) “Source material” means each of the following: (A) Uranium, thorium or any combination of said elements, in any physical or chemical form; (B) any other material if the United States Nuclear Regulatory Commission determines the material to be source material; and (C) ores that contain uranium, thorium or any combination of said elements in a concentration by weight of 0.05 per cent or more, or in such lower concentration if the United States Nuclear Regulatory Commission determines the material in such concentration to be source material;
(8) “Naturally occurring radioactive material” means material that contains radionuclides that are naturally present in the environment in materials, including, but not limited to, rocks, soil, minerals, natural gas, petroleum and ground or surface water;
(9) “Discrete source” means a radionuclide that was processed such that its concentration within a material was purposely increased for use for commercial, medical or research activities; and
(10) “Fusion machine” has the same meaning as provided in 42 USC 2014, as amended from time to time.
(June, 1955, S. 1934d; June Sp. Sess. P.A. 21-2, S. 46; P.A. 25-170, S. 2.)
History: Sec. 19-405 transferred to Sec. 16a-101 in 1983; June Sp. Sess. P.A. 21-2 redefined “atomic energy”, “by-product material”, “production facility”, “special nuclear material” and “utilization facility” in Subdivs. (1) to (5), respectively, and added Subdivs. (6) to (9) defining “radioactive material”, “source material”, “naturally occurring radioactive material” and “discrete source”, respectively; P.A. 25-170 amended Subdiv. (2) to redefine by-product material and added Subdiv. (10) to define “fusion machine”, effective July 8, 2025.
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Sec. 16a-102. (Formerly Sec. 19-409). Coordination of atomic development activities by the Commissioner of Energy and Environmental Protection. (a) The Commissioner of Energy and Environmental Protection shall coordinate all atomic development activities in the state. Said commissioner or the commissioner's designee shall (1) advise the Governor with respect to atomic industrial development within the state; (2) act as coordinator of the development and regulatory activities of the state relating to the industrial and commercial uses of atomic energy; (3) act as the Governor's designee in matters relating to atomic energy, including participation in the activities of any committee formed by the New England states to represent their interests in such matters and also cooperation with other states and with the government of the United States; (4) coordinate the studies, recommendations and proposals of the several departments and agencies of the state required by section 16a-103 with each other and also with the programs and activities of the development commission; and (5) act as a point of contact for public and private stakeholders to assist in compliance with federal, state and local requirements relevant to atomic development, including, but not limited to, siting considerations and permitting requirements. The commissioner shall consult with and review regulations and procedures of the agencies of the state with respect to the regulation of sources of radiation to assure consistency and to prevent unnecessary duplication, inconsistencies or gaps in regulatory requirements.
(b) The several agencies of the state which are directed by section 16a-103 to initiate and pursue continuing studies are directed to keep the Commissioner of Energy and Environmental Protection fully and currently informed as to their activities relating to atomic energy. No regulation or amendment to a regulation applying specifically to an atomic energy matter which any such agency may propose to issue shall become effective until thirty days after it has been submitted to the Commissioner of Energy and Environmental Protection, unless, upon a finding of emergency need, the Governor by order waives all or any part of this thirty-day period.
(c) The Commissioner of Energy and Environmental Protection or his designee shall keep the Governor and the several interested agencies informed as to private and public activities affecting atomic industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety and general welfare of this state.
(d) Within amounts appropriated for the purposes of this section, the Commissioner of Energy and Environmental Protection may retain on a contractual or other basis such assistance as is required to carry out the purposes of this section.
(e) The commissioner may enter into any agreement with the United States Nuclear Regulatory Commission pursuant to Section 274i of the Atomic Energy Act of 1954, as amended, or any other federal government agency, state or interstate agency for the state to perform on a cooperative basis with such commission, other federal government agency, state or interstate agency, as applicable, inspections or other functions relating to the control of sources of radiation.
(June, 1955, S. 1938d; 1967, P.A. 134, S. 1; 1969, P.A. 181, S. 1; P.A. 75-537, S. 51, 55; P.A. 77-614, S. 53, 610; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 50; P.A. 22-143, S. 15; P.A. 25-173, S. 35.)
History: 1967 act added Subsec. (f); 1969 act replaced coordinator of atomic development activities with state planning council and commissioner of finance and control, made former Subsec. (b) a Subdiv. of Subsec. (a), deleted Subsec. (e) re per diem and expense reimbursement for abolished coordinator and relettered remaining Subsecs. accordingly; P.A. 75-537 replaced commissioner of finance and control with commissioner of planning and energy policy and United States Atomic Energy Commission with energy research and development administration and nuclear regulatory commission; P.A. 77-614 replaced state planning council and commissioner of planning and energy policy with secretary of the office of policy and management; Sec. 19-409 transferred to Sec. 16a-102 in 1983; pursuant to P.A. 11-80, “Secretary of the Office of Policy and Management” and “secretary” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “commissioner”, respectively, effective July 1, 2011; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by replacing reference to the commissioner acting as deputy of Governor with reference to commissioner acting as Governor's designee, deleting provision re the commissioner coordinating studies conducted and proceeding in close cooperation with development commission and adding provision re commissioner consulting with and reviewing regulations and procedures of the agencies of the state re regulation of sources of radiation to assure consistency and avoid gaps in requirements; P.A. 22-143 added Subsec. (e) re authority of commissioner to enter any agreement with the United States Nuclear Regulatory Commission or any other federal agency, state or interstate agency for the state to perform on a cooperative basis with such commission, federal agency, state or interstate agency, as applicable, inspections or other functions relating to the control of sources of radiation, effective May 31, 2022; P.A. 25-173 added Subsec. (a)(5) to require commissioner to act as a point of contact re requirements relevant to atomic development including siting and permitting requirements and made a technical change in Subsec. (a)(1).
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Sec. 16a-102a. Advanced nuclear reactor site readiness funding program. (a) As used in this section, (1) “eligible recipient” means (A) a regional governmental entity, municipality, regional council of governments, public authority, state or federally recognized tribe or municipal electric utility or cooperative with a demonstrated interest in hosting advanced nuclear reactors, as determined by the Commissioner of Energy and Environmental Protection, (B) a private entity partnering or interested in partnering with said entities for the development of advanced nuclear reactors, or (C) an institution of higher education in the state; and (2) “advanced nuclear reactor” has the same meaning as provided in 42 USC 16271, as amended from time to time.
(b) The Commissioner of Energy and Environmental Protection shall establish a competitive advanced nuclear reactor site readiness funding program. The commissioner may provide funding through the program in the form of grants or loans to eligible recipients in support of:
(1) Environmental and technical studies required for early site permitting for advanced nuclear reactors;
(2) Local and regional infrastructure assessments to support the development of advanced nuclear reactors;
(3) Community engagement and planning initiatives related to hosting advanced nuclear reactors; and
(4) Other necessary expenses identified by the commissioner to advance site readiness for advanced nuclear reactors.
(c) The commissioner may use bond funds authorized in support of the program or federal funds allocated to the state in support of the program established under this section. In the case of federal funds allocated for such purposes, the commissioner may revise its advanced nuclear reactor site readiness grant program criteria to be consistent with the requirements of the federal funding program criteria. The commissioner may use said funds to hire a technical consultant to support the implementation of this section.
(d) For the purposes described in subsection (e) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate five million dollars.
(e) The proceeds of the sale of such bonds shall be used by the Department of Energy and Environmental Protection for the purpose of funding grants or loans through the advanced nuclear reactor site readiness funding program established pursuant to this section.
(f) All provisions of section 3-20, or the exercise of any right or power granted thereby, that are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section. Temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization that is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.
(P.A. 25-173, S. 34.)
History: P.A. 25-173 effective July 1, 2025.
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