Bill would ease county zoning and state siting rules for small nuclear reactors in Arizona

The act amends section 11-812 so county ordinances may not regulate the use of land for a small modular reactor that meets listed conditions. It covers counties with fewer than 500,000 people and owners or operators of small modular reactors (nuclear units rated at no more than 300 megawatts). The reactor must be colocated with an extra high load factor customer, as defined by the Corporation Commission, that has all its zoning approvals. It must have a federal design certification under 10 CFR part 52. It may not be located in a county island or within three miles of a city or town or its planning area. The owner or operator must give the county board of supervisors the design certification and a map showing the location meets the distance rules. The conditions must be met before construction.

The act amends section 40-360.03 to exempt certain small modular reactor projects from the state certificate and hearing process. It covers utilities that replace an existing thermal electric unit with a small modular reactor or build a new one on or immediately next to the site of a plant that already had a certificate or was in use or authorized before August 13, 1971. The utility must give the commission thirty days' written notice. The reactor must be on or immediately next to the site of a plant that previously received a certificate of environmental compatibility or was in use or authorized before August 13, 1971. Notice must be given thirty days before the work.

A new section 40-360.14 would exempt certain new small modular reactors from filing for or receiving a certificate of environmental compatibility. It covers utilities building a new small modular reactor colocated with an extra high load factor customer in a county with fewer than 500,000 people. The utility must give the commission thirty days' written notice. The reactor must comply with all applicable federal, state, and local laws and requirements. The change to the definition of "plant" to include small modular reactors, with a rating threshold shown as "one two hundred megawatts," is not clear from the printing. Notice must be given thirty days before construction.