[Fourth Reprint]
ASSEMBLY, No. 5517
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MARCH 24, 2025
Sponsored by:
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblyman DAVID BAILEY, JR.
District 3 (Cumberland, Gloucester and Salem)
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
Co-Sponsored by:
Assemblymen Barranco, Karabinchak, Assemblywomen Ramirez, Murphy, Assemblymen Guardian, Freiman, Assemblywoman Drulis, Assemblyman Calabrese, Senators Turner and Amato
SYNOPSIS
Directs BPU to study feasibility of developing advanced reactors Statewide.
CURRENT VERSION OF TEXT
As amended by the Senate on December 18, 2025.
An Act directing the Board of Public Utilities to conduct a study concerning the development of 2[small modular] advanced2 reactors throughout the State 1[and making an appropriation]1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. 2Nuclear energy currently provides over 40 percent of New Jersey’s electricity and represents a reliable, zero-emission baseload power source.
b.2 New Jersey is committed to reducing greenhouse gas emissions while ensuring 2safety,2 energy reliability, affordability, and security 1[;] .1
2[b. Small modular] c. Nuclear2 reactors offer a carbon-free, safe, and scalable energy solution that 1[compliments] complements1 the State’s energy and environmental goals 1[;] .1
2[c] d2. In order to successfully deploy 2[small modular] advanced 2 reactors, the State must conduct feasibility studies to ensure regulatory clarity, engage with the public, and gain private-sector investment 1[; and] .1
2[d] e2. It is therefore in the public interest for New Jersey to establish a structured process to assess the viability of 2[small modular] advanced2 reactor development throughout the State.
2. As used in this act:
2“Advanced reactor” means a nuclear reactor, including a prototype plant, as defined in 10 C.F.R. s.50.2 and s.52.1, with significant improvements compared to reactors operating on December 4[27] 314, 4[2020] 20174, including improvements such as: (1) additional inherent safety features; (2) lower waste yields; (3) improved fuel and material performance; (4) increased tolerance to loss of fuel cooling; (5) enhanced reliability or improved resilience; (6) increased proliferation resistance; (7) increased thermal efficiency; (8) reduced consumption of cooling water and other environmental impacts; (9) the ability to integrate into electric applications and nonelectric applications; 4and4 (10) 4[modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and (11) operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage] the ability to significantly reduce the total system cost of a reliable power system4.2
“Board” means the Board of Public Utilities.
2“Nuclear reactor” means an apparatus required to be licensed by the United States Nuclear Regulatory Commission that is designed or used to sustain nuclear fission in a self-supporting chain reaction.2
“Small modular reactor” or “SMR” means 2[a nuclear fission] an advanced2 reactor that: (1) has a rated electric generating capacity of 3[2no less than 50 megawatts electric (MWe) and2]3 no more than 3[300] 1,0003 megawatts 3[2electric (MWe)2] thermal3 ; (2) 2may be of modular design; 3and3 (3)2 is capable of being constructed and operated either alone or in combination with one or more similar reactors if additional reactors are or became necessary at a single site 3[; and 2[(3)] (4)2 is required to be licensed by the United States Nuclear Regulatory Commission]3 .
3. a. The Board of Public Utilities, in consultation with the Department of Environmental Protection and the New Jersey Economic Development Authority, shall conduct a study and prepare and submit, within 18 months of the effective date of this act, to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a written report concerning the feasibility of developing 2[small modular] advanced2 reactors throughout the State, including recommendations for the feasibility of, need for, and design of a 2[pilot]2 program for developing small modular 2or advanced2 reactors 2[Statewide]2.
b. In conducting the study, the board shall:
(1) determine suitable locations for deploying 2[small modular] advanced2 reactors, including 4current and4 former industrial sites 4[and],4 retired fossil fuel generation facilities 4, and locations on or near former and current nuclear sites4;
(2) consult the United States Nuclear Regulatory Commission for regulatory and permitting requirements;
(3) examine the economic viability and potential cost-saving mechanisms available for 2[SMRs] advanced reactors2, including any federal programs, private investments, and State funding opportunities;
(4) consider safety precautions and environmental impacts, including, but not limited to 2compliance with applicable laws and regulators2 1[:] ,1emergency preparedness 2and response2, biohazard waste management, 2cyber security,2 and water usage;
(5) evaluate the ability to integrate 2[SMRs] advanced reactors2 with existing energy infrastructure 2and associated cost recovery mechanisms to pay for upgrades or other non-wire alternatives2;
(6) conduct a minimum of three public 2[hearings] stakeholder sessions2 in order to assess public perception, environmental impacts, and stakeholder value in the Statewide development of 2[SMRs] advanced reactors2;
(7) provide a recommendation on the feasibility of, need for, and design of a 2[pilot]2 program in the State for deploying 2[SMRs] advanced reactors2 Statewide; and
(8) publish 1its1 findings on the board’s Internet website.
c. 1[In addition to the funds appropriated by section 4 of this act, the board may also] The board may1 secure any sources of funding provided by federal and State grants, 1[private sector] private-sector1 investments, and public-private partnerships in order to effectuate the provisions of this act.
1[4. There is appropriated the sum of $5,000,000 from the General Fund to the Board of Public Utilities to effectuate the provisions of this act.]1
1[5.] 4.1 This act shall take effect immediately 1[,]1 and shall expire 30 days after the board submits the report required pursuant to subsection a. of section 3 of this act.