Angelino, Blankenbush, Brabenec, Brown E, Jensen, Morinello, Sempolinski, Slater, Gandolfo, Ra,
Hawley
MLTSPNSR
Add Art 5 Title 13 §§1349-a - 1349-g, Pub Auth L; amd §§58-0701 & 58-0703, En Con L; add §97-n, St Fin L
Establishes the New York advanced nuclear energy office; establishes an advanced nuclear energy development fund to provide grants to assist in nuclear energy production in the state; authorizes such energy development fund draw from the environmental bond act of 2022 available for green buildings projects.
STATE OF NEW YORK
________________________________________________________________________
10027
IN ASSEMBLY
January 30, 2026
___________
Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Energy
AN ACT to amend the public authorities law, the environmental conserva-
tion law and the state finance law, in relation to establishing the
New York advanced nuclear energy office within the New York state
power authority in consultation with the New York state energy
research and development authority and creating a New York advanced
nuclear development fund to support advanced nuclear projects in New
York state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 5 of the public authorities law is amended by
2 adding a new title 13 to read as follows:
3 TITLE 13
4 NEW YORK ADVANCED NUCLEAR ENERGY OFFICE
5 Section 1349-a. Definitions.
6 1349-b. New York advanced nuclear energy office established.
7 1349-c. General responsibilities.
8 1349-d. Nuclear permitting coordinator.
9 1349-e. New York advanced nuclear development fund.
10 1349-f. Description of established grants.
11 1349-g. Grant application evaluation.
12 § 1349-a. Definitions. For the purposes of this title, the following
13 terms shall have the following meanings:
14 1. "Advanced nuclear project" means an electric generation facility
15 that relies on an advanced nuclear reactor to generate power, steam, or
16 heat, a nuclear fuel cycle facility that supplies advanced nuclear reac-
17 tors, or associated technologies supporting the advanced nuclear energy
18 industry.
19 2. "Advanced nuclear reactor" means a range of nuclear reactor tech-
20 nologies determined by the regulatory commission to be either of gener-
21 ation III+ or generation IV, including large light water reactors, small
22 modular reactors, microreactors, and nuclear cogeneration.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14129-03-5
A. 10027 2
1 3. "Construction permit" means a permit issued by the regulatory
2 commission for the construction of:
3 (a) a nuclear production or utilization facility; or
4 (b) a research or test reactor that contributes to the future commer-
5 cialization of that research or test reactor technology.
6 4. "Director" means the director of the New York advanced nuclear
7 energy office.
8 5. "License" means a license issued by the regulatory commission that
9 authorizes the license holder to construct and operate a nuclear power
10 facility, such as a nuclear plant at a specific site, with specified
11 conditions.
12 6. "Office" means the New York advanced nuclear energy office estab-
13 lished by this title.
14 7. "Regulatory commission" means the United States nuclear regulatory
15 commission.
16 8. "Utility commission" means the New York state public service
17 commission.
18 § 1349-b. New York advanced nuclear energy office established. 1.
19 There is hereby established within the New York state power authority in
20 consultation with the New York state energy research and development
21 authority, the New York advanced nuclear energy office.
22 2. The head of the New York advanced nuclear energy office shall be
23 the director of the office and shall be appointed by the governor and
24 who shall receive a salary to be fixed by the governor within amounts
25 appropriated therefor.
26 § 1349-c. General responsibilities. 1. The purposes of the New York
27 advanced nuclear energy office are to:
28 (a) provide strategic leadership for the establishment of advanced
29 nuclear reactor facilities in this state;
30 (b) work with interested stakeholders and state and local leaders to
31 establish a statewide strategic advanced nuclear energy public outreach
32 program;
33 (c) promote the development of advanced nuclear reactors for dispatch-
34 able electric generation, while also creating high-wage manufacturing
35 jobs in this state;
36 (d) lead the transition to a diversified energy production future by
37 advancing innovative nuclear energy generation technologies while deliv-
38 ering safe and sustainable energy solutions that address the state's
39 growing demand for reliable power;
40 (e) foster economic growth and ensure the safety of future nuclear
41 energy generation development;
42 (f) investigate and determine barriers to the financial viability of
43 nuclear energy generation and regulatory and licensing complexities that
44 increase risk to developers of nuclear energy;
45 (g) effectively utilize and leverage the expertise and capacity of
46 institutions of higher education, the nuclear energy industry, the
47 industrial manufacturing center, and regulatory stakeholders to develop
48 a comprehensive strategic plan to ensure the development of advanced
49 nuclear energy and associated technologies in this state; and
50 (h) support the development of an advanced nuclear energy supply chain
51 and associated technologies in this state.
52 2. The office is authorized to:
53 (a) establish ad hoc, advisory, and oversight committees, with
54 appointments to be made to any respective committee by the governor, the
55 speaker of the assembly, the temporary president of the senate, the
A. 10027 3
1 minority leader of the assembly, and the minority leader of the senate
2 to carry out and monitor the office's duties under this section;
3 (b) contract with any entity; and
4 (c) exercise any other power necessary to carry out the responsibil-
5 ities listed in this section.
6 3. The office shall not require an advanced nuclear power project to
7 be constructed in a specific location in this state without express
8 approval of the governing body of any impacted municipality.
9 4. The office and the utility commission, with the assistance of any
10 other state entity the office or the utility commission determines is
11 necessary, shall conduct a study to identify necessary state regulatory
12 functions related to nuclear energy generation facilities in this state.
13 § 1349-d. Nuclear permitting coordinator. 1. The director shall employ
14 a nuclear permitting coordinator to assist businesses throughout the
15 nuclear energy permitting and regulatory process.
16 2. The nuclear permitting coordinator shall have substantial knowledge
17 of the permitting and regulatory process in this state.
18 3. The nuclear permitting coordinator shall:
19 (a) act as single point of contact for stakeholders during the nuclear
20 energy permitting and regulatory process;
21 (b) identify active or likely siting opportunities and required
22 permits and approvals for nuclear generation sites and key personnel;
23 and
24 (c) provide sound guidance for regulated persons navigating local,
25 state and federal regulations for nuclear energy generation facilities.
26 4. The nuclear permitting coordinator shall make any assistance
27 provided under this section equally available to all businesses engaged
28 in the nuclear energy permitting and regulatory processes.
29 5. The nuclear permitting coordinator shall document all activities
30 carried out in the provision of assistance under this section and make
31 that information available to the public upon request.
32 § 1349-e. New York advanced nuclear development fund. 1. The New York
33 advanced nuclear development fund is created as a dedicated account and
34 the director shall administer such grants. The fund shall consist of
35 moneys:
36 (a) appropriated from the legislature; and
37 (b) received by the state from the sale of bonds pursuant to the envi-
38 ronmental bond act of 2022 available for green buildings projects pursu-
39 ant to section 58-0701 of the environmental conservation law.
40 2. The office is authorized to use such money in the fund to:
41 (a) provide reimbursement-based grants to eligible businesses, nonpro-
42 fit organizations, and governmental entities, including institutions of
43 higher education, through the programs established in this section; and
44 (b) pay for reasonable and necessary costs for staff support necessary
45 to facilitate the work of the office.
46 3. The office is authorized to provide a grant under this section only
47 to reimburse expenses paid by a recipient using the recipient's own
48 funds. An applicant for a grant under this title may have received
49 financial assistance or incentives from a local, state, or federal
50 source, but the office is not authorized to provide a grant pursuant to
51 this title to reimburse expenses paid by a recipient or the recipient's
52 project partner using financial assistance or incentives from the local,
53 state, or federal source. An applicant shall provide the office with
54 detailed information regarding any financial assistance or incentives
55 requested or received for the project for which it is requesting grant
56 funds.
A. 10027 4
1 4. Before awarded a grant pursuant to this section, the office shall
2 enter into a written agreement with a grant recipient. Such written
3 agreement shall:
4 (a) specify benchmarks and milestones for the completion of a nuclear
5 energy project for which the grant was provided; and
6 (b) require that grant recipients repay to the state money received
7 from such grant if the recipient fails to reach specified benchmarks.
8 5. The office when disbursing grants shall be prohibited from commin-
9 gling moneys from the environmental bond act of 2022 available for green
10 buildings projects and moneys appropriated specifically from the legis-
11 lature pursuant to paragraph (a) of subdivision one of this section.
12 § 1349-f. Description of established grants. 1. The office shall
13 establish certain grants and the director of the office shall administer
14 such grants. The office may provide a reimbursement grant from the
15 existing resources from the New York state power authority and the New
16 York state energy research and development authority under this section
17 for the expenses associated with or required for initial development of
18 an advanced nuclear project in this state. Expenses that qualify for
19 reimbursement under this section are defined under the following avail-
20 able grants:
21 (a) project development and supply chain reimbursement which shall
22 provide for the expenses associated with or required for initial devel-
23 opment of an advanced nuclear project in the state. Expenses that quali-
24 fy for reimbursement by this grant are limited to:
25 (i) technology development;
26 (ii) feasibility studies;
27 (iii) site planning, including conceptual site-specific engineering
28 studies;
29 (iv) front-end engineering designs;
30 (v) site and environment investigation;
31 (vi) regulatory commission for early site permit work;
32 (vii) preparing construction permits or license applications to regu-
33 latory commissions;
34 (viii) developing manufacturing capacity and readiness;
35 (ix) fuel processing, manufacturing and fabrication activities essen-
36 tial to the fuel cycle supply;
37 (x) preparation of local, state and nonregulatory commission federal
38 permits; and
39 (xi) regulatory commission licensing fees; and
40 (b) a security grant for the costs associated with protecting and
41 guaranteeing the security of an advanced nuclear power project both
42 throughout the construction process and upon completion. Expenses that
43 qualify for reimbursement by this grant are limited to the funding for a
44 security presence on and around the proposed site of the advanced nucle-
45 ar reactor for the entire duration of the construction process.
46 2. The office by rule shall establish procedures for the application
47 for and provision of a grant under this section.
48 3. The office shall not provide a reimbursement grant for a project
49 under this section until the regulatory commission has docketed a
50 construction permit or license application for the project.
51 § 1349-g. Grant application evaluation. The office shall evaluate each
52 application for a grant under this section based on:
53 1. The grant applicant's:
54 (a) quality of services and management;
55 (b) efficiency of operations;
A. 10027 5
1 (c) access to resources essential for operating the project for which
2 the grant is requested, such as land, water, and reliable infrastruc-
3 ture, as applicable;
4 (d) application for or docketing of a permit or license with the regu-
5 latory commission; and
6 (e) ability to repay the grant if project benchmarks are not met; and
7 2. A nuclear energy project's potential benefit to this state.
8 § 2. Section 58-0701 of the environmental conservation law, as amended
9 by section 7 of part OO of chapter 58 of the laws of 2022, is amended to
10 read as follows:
11 § 58-0701. Allocation of moneys.
12 Of the moneys received by the state from the sale of bonds pursuant to
13 the environmental bond act of 2022, up to one billion five hundred
14 million dollars ($1,500,000,000) shall be made available for disburse-
15 ments for climate change mitigation projects developed pursuant to
16 section 58-0703 of this title. Not less than four hundred million
17 dollars ($400,000,000) of this amount shall be available for green
18 buildings projects, including nuclear energy projects pursuant to title
19 thirteen of the public authorities law, not less than one hundred
20 million dollars ($100,000,000) for climate adaptation and mitigation
21 projects pursuant to paragraph c of subdivision one of section 58-0703
22 of this title, not less than two hundred million dollars ($200,000,000)
23 shall be available for disbursement to reduce or eliminate water
24 pollution or air pollution affecting disadvantaged communities pursuant
25 to paragraphs f and g of subdivision one of section 58-0703 of this
26 title, and not less than five hundred million dollars ($500,000,000) for
27 costs associated with the purchase of or conversion to zero emission
28 school buses and supporting infrastructure as set forth in paragraph h
29 of subdivision one of section 58-0703 of this title.
30 § 3. Subdivision 1 of section 58-0703 of the environmental conserva-
31 tion law, as amended by section 7 of part OO of chapter 58 of the laws
32 of 2022, is amended to read as follows:
33 1. Eligible climate change mitigation projects include, but are not
34 limited to:
35 a. costs associated with green building projects, projects that
36 increase energy efficiency or the use or siting of renewable energy on
37 state-owned buildings or properties including buildings owned by the
38 state university of the state of New York, city university of the state
39 of New York, community colleges, and public schools;
40 b. costs associated with projects that utilize natural and working
41 lands to sequester carbon and mitigate methane emissions from agricul-
42 tural sources, such as manure storage through cover and methane
43 reduction technologies;
44 c. costs associated with implementing climate adaptation and miti-
45 gation projects pursuant to section 54-1523 of this chapter;
46 d. costs associated with urban forestry projects such as forest and
47 habitat restoration, for purchase and planting of street trees and for
48 projects to expand the existing tree canopy and bolster community
49 health;
50 e. costs associated with projects that reduce urban heat island
51 effect, such as installation of green roofs, open space protection,
52 community gardens, cool pavement projects, projects that create or
53 upgrade community cooling centers, and the installation of reflective
54 roofs where installation of green roofs is not possible;
A. 10027 6
1 f. costs associated with projects to reduce or eliminate air pollution
2 from stationary or mobile sources of air pollution affecting disadvan-
3 taged communities;
4 g. costs associated with projects which would reduce or eliminate
5 water pollution, whether from point or non-point discharges, affecting
6 disadvantaged communities; [and]
7 h. costs associated with the purchase or conversion to zero emission
8 school buses, including costs associated with the supporting infrastruc-
9 ture; and
10 i. costs associated with grants provided to assist in the development
11 of nuclear energy in the state of New York pursuant to title thirteen of
12 the public authorities law.
13 § 4. The state finance law is amended by adding a new section 97-n to
14 read as follows:
15 § 97-n. New York advanced nuclear development fund. 1. There is hereby
16 established in the joint custody of the state comptroller and the
17 commissioner of taxation and finance a special fund to be known as the
18 "New York advanced nuclear development fund".
19 2. Moneys in the New York advanced nuclear development fund, following
20 appropriation by the legislature and allocation by the director of the
21 budget, shall be available only for reimbursement of expenditures made
22 from appropriations for the purpose of the New York advanced nuclear
23 development fund as set forth in title thirteen of the public authori-
24 ties law.
25 § 5. This act shall take effect September 1, 2026.
