[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1559 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1559

   To direct the Nuclear Regulatory Commission to submit a report on 
    facilitating efficient, timely environmental reviews of nuclear 
reactors through expanded use of categorical exclusions, environmental 
assessments, and generic environmental impact statements, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2021

  Mr. Duncan introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To direct the Nuclear Regulatory Commission to submit a report on 
    facilitating efficient, timely environmental reviews of nuclear 
reactors through expanded use of categorical exclusions, environmental 
assessments, and generic environmental impact statements, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modernize Nuclear Reactor 
Environmental Reviews Act''.

SEC. 2. FACILITATION OF EFFICIENT ENVIRONMENTAL REVIEWS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Nuclear Regulatory Commission shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report on the efforts of the Nuclear Regulatory Commission to 
facilitate efficient, timely environmental reviews of nuclear reactors, 
including through expanded use of categorical exclusions, environmental 
assessments, and generic environmental impact statements.
    (b) Report.--In completing the report under subsection (a), the 
Nuclear Regulatory Commission shall--
            (1) consider--
                    (A) the use of categorical exclusions and 
                supporting analyses, environmental assessments and 
                supporting analyses, and generic environmental impact 
                statements and supporting analyses, by other Federal 
                agencies and the applicability of such categorical 
                exclusions, environmental assessments, generic 
                environmental impact statements, and supporting 
                analyses, for actions relating to nuclear reactors;
                    (B) existing categorical exclusions and supporting 
                analyses, environmental assessments and supporting 
                analyses, and generic environmental impact statements 
                and supporting analyses of the Commission, that could 
                be applied in whole or in part to actions relating to 
                nuclear reactors;
                    (C) the potential to use mitigated categorical 
                exclusions, and mitigated findings of no significant 
                impact, for actions relating to nuclear reactors to 
                reduce the impact of the applicable proposed action to 
                a level that is not significant;
                    (D) the potential to use other Federal or State 
                environmental permitting, or permitting from units of 
                local government, including related supporting 
                analyses, in lieu of some portion of the environmental 
                impact statement, or environmental assessment, for an 
                action relating to a nuclear reactor;
                    (E) opportunities to coordinate the development of 
                environmental assessments or environmental impact 
                statements with other Federal agencies for greater 
                efficiency;
                    (F) opportunities to enhance formal and informal 
                consultations or coordination with other Federal 
                agencies, State agencies, and units of local government 
                to facilitate timely and efficient reviews and 
                authorization decisions relating to nuclear reactors by 
                such agencies and units, as applicable;
                    (G) opportunities to improve the analyses of 
                alternatives to proposed actions that are required in 
                environmental impact statements;
                    (H) new categorical exclusions that could be 
                applied to actions relating to nuclear reactors; and
                    (I) potential revisions to part 51 of title 10, 
                Code of Federal Regulations, to--
                            (i) facilitate efficient environmental 
                        reviews of actions relating to nuclear 
                        reactors;
                            (ii) assist decision-making about relevant 
                        environmental issues;
                            (iii) maintain openness with the public;
                            (iv) meet obligations under the National 
                        Environmental Policy Act of 1969; and
                            (v) reduce burdens on licensees, 
                        applicants, and the Nuclear Regulatory 
                        Commission; and
            (2) include a schedule for promulgating the rule required 
        under subsection (c).
    (c) Rulemaking.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Nuclear Regulatory Commission shall 
        promulgate a final rule--
                    (A) establishing an optional generic environmental 
                impact statement that may be used in the licensing 
                process for nuclear reactors, including the process for 
                issuing a construction permit, early site permit, 
                operating license, or combined license; and
                    (B) amending section 51.20 of title 10, Code of 
                Federal Regulations, to eliminate or modify the list in 
                such section of types of actions that require an 
                environmental impact statement or a supplement to an 
                environmental impact statement to allow for the use of 
                environmental assessments and categorical exclusions 
                for such actions, as appropriate.
            (2) Requirements.--To the maximum extent practicable, in 
        promulgating the final rule under paragraph (1), the Nuclear 
        Regulatory Commission shall take into account the 
        considerations described in subsection (b)(1).
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