Bill
S 4423
Establishes NJ as the sole state authority for SMR site approvals (in eligible towns), allows on-site spent fuel storage until a federal repository, and creates incentives.
A. Overview and purpose
- S. 4423 would establish the regulatory framework for small modular reactors (SMRs) in New Jersey.
- Primary intent: designate the Board of Public Utilities (BPU) as the sole state authority to grant site approval for SMRs, with ongoing consultation from the Department of Environmental Protection (DEP). It also allows SMR operators to store spent nuclear fuel on-site until a federal high-level waste repository is developed.
- Immediate take effect: the act would take effect immediately upon enactment.
B. What is an SMR under this bill
- A small modular reactor is defined as:
- A nuclear fission reactor with a rated electric generating capacity of no more than 300 megawatts.
- Capable of being constructed and operated either alone or in combination with one or more similar reactors at a single site.
- Licensed by the United States Nuclear Regulatory Commission (NRC).
C. Key provisions
1) State site approval authority
- The BPU, in consultation with DEP, would have the sole authority to provide State site approval for an SMR.
- The site may be approved only if it is located in a municipality that has previously constructed a nuclear energy facility.
- The BPU’s site approval would preempt any contrary municipal or county decisions.
2) Compliance with other laws
- The bill clarifies that BPU site approval does not exempt SMR construction or operation from other laws and regulations, including the State Uniform Construction Code, Radiation Protection Act, air/water pollution laws, and the Coastal Area Facility Review Act, among others.
3) On-site storage of spent nuclear fuel
- Until a national high-level radioactive waste repository is developed (per the Nuclear Waste Policy Act of 1982), the operator of an SMR may store spent nuclear fuel on-site, provided storage is safe, meets NRC standards, and protects public health and the environment.
4) Incentive program
- Within one year of enactment, the BPU, in cooperation with the New Jersey Economic Development Authority, must develop an incentive program to financially support the construction of one or more SMRs in New Jersey.
5) Regulation and decommissioning
- The BPU must adopt rules under the Administrative Procedure Act to implement the act, including criteria for decommissioning, environmental monitoring, and emergency preparedness, without superseding NRC authority.
D. Who is affected
- State agencies: Board of Public Utilities (primary) and Department of Environmental Protection (consultative role).
- Nuclear energy developers/SMR operators seeking to build in NJ.
- Municipalities with existing nuclear facilities (eligible sites for SMR siting).
- New Jersey Economic Development Authority (in establishing incentives).
E. Legislative and status timeline
- Introduced: May 19, 2025.
- Reported from Senate Environment and Energy Committee: May 22, 2025.
- Passed the Senate: May 28, 2025.
- Returned to Senate from Assembly process: June 9, 2025.
- Current status: Returned to Senate.
F. Sponsors
- Primary sponsor: Brad Hoylman-Sigal; numerous cosponsors including Mario Mattera, Robert Ortt, Patrick M. Gallivan, and others.
G. Potential impact
- Centralizes SMR siting decisions at the state level, potentially expediting approval in eligible municipalities.
- Creates a state-funded incentive pathway to attract SMR development.
- Encourages on-site management of spent nuclear fuel in the absence of a federal repository, with safety and regulatory guardrails.
- Establishes a regulatory framework that complements NRC oversight while preserving other state environmental and construction requirements.
Compiled from official sources — confirm details with the bill’s official record.
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