HF 4430

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 02:57pm

A bill for an act
relating to energy; allowing the Public Utilities Commission to issue a certificate
of need for certain advanced nuclear reactors; amending Minnesota Statutes 2022,
section 216B.243, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 216B.243, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Exception; advanced nuclear reactors. new text end

new text begin (a) Notwithstanding subdivision 3b,
paragraph (a), the commission may issue a certificate of need for an advanced nuclear reactor
that uses the same technology as an advanced nuclear reactor that has received:
new text end

new text begin (1) a clean energy production tax credit under section 48E of the Internal Revenue Code,
as authorized under the federal Inflation Reduction Act of 2022, Public Law 117-169; or
new text end

new text begin (2) a clean energy investment tax credit under section 45Y of the Internal Revenue Code,
as authorized under the federal Inflation Reduction Act of 2022, Public Law 117-169.
new text end

new text begin (b) For the purposes of this section, "advanced nuclear reactor" means a nuclear-powered
electric generating plant:
new text end

new text begin (1) with a capacity no greater than 300 megawatts;
new text end

new text begin (2) that is built in a factory and shipped intact or in modules;
new text end

new text begin (3) that is capable of being connected to operate with other advanced nuclear reactors;
and
new text end

new text begin (4) whose technology has received initial approval for commercial licensing by the
Nuclear Regulatory Commission after the effective date of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end