Author: THE KERNEL & Jeff
With the summer officially upon us, many state legislatures have adjourned for the year. With grid reliability and climate concerns being a top priority, state lawmakers across the country have taken steps to unlock the nation’s largest source of baseload, carbon-free energy: nuclear power.
In the 2024 legislative session, state policymakers introduced 69 pro-nuclear bills and resolutions. 33 were introduced in Republican-controlled states (either a Republican governor or Republican-controlled legislature). 37 bills were sponsored by Republicans, 8 by Democrats, 13 were bipartisan, and 10 were nonpartisan or introduced by a committee.
These 69 bills fell under eight general topics:
- State Operations (18 introduced, 7 passed): legislation that directs the state government to do a specific action, including establishing a new program or agency, or providing financial assistance to nuclear power plants.
- State statutes (11 introduced, 4 passed): bills that change the state statutes or state codes. This includes considering nuclear power as clean in the state’s taxonomy or energy portfolio standards.
- Feasibility Studies (11 introduced, 1 passed): these are bills that fund or authorize an agency to study adding nuclear power in the state. These bills tend to emphasize advanced nuclear designs or small modular reactors.
- Advanced Nuclear (8 introduced, 1 passed): this includes bills that fund advanced nuclear projects or prioritize them for a state’s energy goals.
- Tax (8 introduced, 2 passed): these bills either award tax credits for nuclear activities or directs utilities to acquire carbon mitigation credits. This classification also includes bills that allow advanced nuclear companies to offset development costs by increasing rates
- Regulatory Reform (6 introduced, 2 passed): bills or Joint Resolutions that direct the state or federal government to reduce or modernize regulations for nuclear.
- Workforce Training (6 introduced, 1 passed): bills that fund workforce development or workforce training.
- Moratorium Lift (1 introduced, 0 passed): introduced in Hawai’i, this bill would lift the state’s moratorium on new nuclear power.
Of these bills, 18 were passed and signed into law. While several states passed critical legislation, here are our top three pro-nuclear states for the 2024 legislative session.
- Kentucky
Kentucky is the fifth-largest coal-producing state in the country, supplying nearly 5% of the nation’s coal in 2022, according to the Energy Information Administration (EIA). Despite this, the Bluegrass State takes the top ranking in this year’s legislative summary.
In 2024, Kentucky’s General Assembly passed three bills and resolutions to advance nuclear power.
The first was House Resolution 70, introduced by Rep. David Meade (R), the Speaker Pro Tempore, and Rep. David Osborne, the Speaker of the House. This resolution urges Congress to enact much-needed reforms to the permitting process for all energy sources, including nuclear power.
Senate Joint Resolution 140, sponsored by Sen. Danny Carroll (R), directs the Public Service Commission to “make all staffing, organizational, and administrative preparations necessary to be ready to discharge its regulatory duties relating to applications for the siting and construction of nuclear energy facilities in the Commonwealth.” This includes but is not limited to, conducting a survey of nuclear regulatory staff in other states, providing training on nuclear siting and construction issues for existing staff, and reviewing the Commission’s regulations to ensure that there are no regulatory impediments to building nuclear power in the state.
The third, and perhaps most important, piece of legislation passed out of the Commonwealth was Senate Bill 198. Also sponsored by Carroll, this created the Kentucky Nuclear Energy Development Authority. The mission of the Authority is to serve as the nonregulatory, trusted state government agency on nuclear energy issues and support and facilitate the development of the nuclear energy ecosystem across the Commonwealth.
Among its laundry list of duties, the agency will assist interested communities in understanding advanced nuclear opportunities, provide information to the public, seek clarity on early nuclear site permitting, work with interested fossil fuel communities to assist in exploring nuclear energy options, and work with federal agencies including the Department of Energy and its National Laboratories to develop technologies to reprocess or recycle spent nuclear fuel.
After passing out of both chambers with unanimous support, SB198 was vetoed by Governor Beshear who claimed that the legislation did not provide enough oversight of the Development Authority. The governor’s veto was subsequently overridden by the General Assembly a week later with broad bipartisan support. While coal will likely remain a fixture in Kentucky’s energy mix for years to come, the General Assembly has taken noteworthy steps to bring more nuclear power online in the Commonwealth.
- Tennessee
Tennessee is one of the birthplaces of America’s nuclear energy industry, housing the nation’s first nuclear fuel enrichment facility in Oak Ridge. Today, nuclear power meets 45% of the state’s electricity needs, and under Governor Bill Lee, Tennessee is taking concerted action to become a national nuclear energy leader.
In May 2023, Lee signed Executive Order 101, creating the Tennessee Nuclear Energy Advisory Council to drive continued investment in the state’s nuclear energy ecosystem. In that same year, Lee and the General Assembly created the $50 million Nuclear Fund which will provide grants and assistance to support nuclear power-related businesses that choose to relocate or grow in the state.
This past legislative session, the state legislature passed two noteworthy pieces of legislation—House Joint Resolution 119 and House Bill 2118.
HJR 119, sponsored by Rep. Monty Fritts (R), encourages the state to develop an energy production plan in an effort to become an energy exporter. Specifically, the resolution recalls the state’s rich tradition as “the cradle of America’s nuclear capability” in developing its plan to produce more energy.
HB 2118, which was also introduced by Rep. Fritts, would reform the State Energy Policy Council to be more nuclear-inclusive. Before the passage of this bill, the State’s Energy Policy Council—which was created in 2017 to serve as the central energy policy planning body of the state—included 15 members who were appointed by the governor and the General Assembly. These members included representatives of the energy production industry, an industrial energy consumer, and a member of an environmental group, among others. Under the legislation, the Council will be expanded to 22 members and include representatives from Oak Ridge National Laboratory and the nuclear energy industry.
- New Hampshire
As the home of one of the last remaining nuclear power plants in New England, New Hampshire is already a leader in atomic energy generation. According to the EIA, Seabrook Nuclear Generating Station provided 58% of New Hampshire’s 2022 total in-state electricity net generation. The constant baseload production of Seabrook supplements much of the renewable energy production throughout the region, making New Hampshire a net exporter of electricity.
In the 2024 legislative session, New Hampshire’s General Court advanced House Bill 1465, which authorizes an advanced nuclear energy feasibility study. Importantly, the term “advanced nuclear” in this bill is not size-constrained and provides the state with flexibility in the siting process. While HB1465 passed through both chambers with broad support, it was never signed by Governor Chris Sunnunu and ultimately died. However, the fervor and support for the legislation indicate that New Hampshire is ready to take steps to advance nuclear power within its state.
While much of the focus on nuclear energy policy is allocated toward federal action, state legislatures have been active in the space, passing legislation to fund novel programs, establish new state agencies, and study the feasibility of advanced nuclear technologies. Nuclear advocates should look to continue this progress in 2025 by reaching out to their state lawmakers now to keep atomic energy front of mind in the coming year.
