US States Nuclear Progress

States in the U.S. are once again actively competing to attract nuclear technology innovation and new nuclear builds to their regions. Within the last few years, energy demand has begun to grow.  States’ efforts to transition to carbon-free energy sources are at risk unless additional sources of clean base load power can be obtained. This is what is stimulating considerable legislative activity in the states to figure out how to build advanced nuclear.

Historically, some thirty states built and operated traditional nuclear reactors. By the late 80s, sixteen states enacted some form of ban against further nuclear builds, in particular because of the federal government’s failure to fulfill its commitment to develop a waste repository. Some these states even worked to shutter the nuclear power plants that they had built, due to the protests that arose during the 1990s through to the late 2010s.

But with a growing awareness that nuclear is the safest form of energy ever developed and growing pressure to attract the data centers being built by tech hyperscalers—who are happy to buy reliable, clean nuclear power—states are circling back to figure out their strategies. Nuclear power has the benefit of having high capacity factors, stable prices and zero carbon. These features make it highly attractive for desperate energy buyers looking to purchase reliable carbon-free power. All of a sudden, customers are appearing willing to pay to re-start shuttered nuclear plants, complete nuclear builds halted prematurely and even place quantity orders for next-generation designs.

So, after a hiatus, we are again working to track this activity by state. Information is being added on a continuous basis, so please check back for updates.  (For information about US State-by-State Electricity Sources, please see Hannah Ritchie’s excellent Data Explorer, based on data from Ember Climate.)

1.  U.S. States’ Movement towards Nuclear

We are pleased to provide this state-by-state listing of the legislation being proposed and passed across five main categories since 2016. These include: Zero-Emission Credit programs to protect viability of existing plants; Repeals of nuclear bans on construction of new nuclear; Funding of Feasibility Studies for deployment of new nuclear; and support for deployment of Advanced nuclear and SMRs or support for Fusion nuclear. Click on the state name to toggle open the information. Once open, you can scan the entries by the following categories:

  • Resolution: Assembly Joint Resolution 18 (Adopted August 2024)

    Urges the Congress of the United States to prioritize its obligation to provide a home for spent nuclear fuel and to implement revisions to the federal Nuclear Waste Policy Act of 1982.

  • SB 108 (Enacted June 2024)

    Allows the Director of Finance to transfer up to $400,000,000 as a loan to the Diablo Canyon
    Extension Fund from the General Fund for the purpose of extending operations of Diablo
    Canyon powerplant,

  • SB 856 (Signed by Gov. Newsom July 10, 2023)

    Legislation facilites the permitting and approval processes for clean energy and infrastructure projects, including nuclear energy. Streamlines the approval process so as to expedite their development. Includes provisions specific to nuclear energy projects, aiming to reduce regulatory hurdles.

  • AB 65 (Introduced Dec. 6, 2022)

    Legislation introduced by Devon Mathis, Rep. from the 33rd District to eliminate the prohibition against building new nuclear powerplants, in the absence of a permanent solution for storage of spent fuel rod assemblies. (Not adopted.)

  • SB 846 (Passed Aug. 31, 2022, Signed by Governor Newsom on Sept. 2, 2022)

    Legislation proposed by Governor Newsom and sponsored by Jordan Cunningham to save Diablo Canyon from premature closure. This legislation was passed almost unanimously by both the predominantly Democratic California Assemby and the predominantly Democratic Senate (Votes in favor: 98; votes opposed: 4). It specifically enables PG&E to receive up to $1.4 billion as a loan from the state to support continuation of the Diablo Canyon Nuclear Power Plant, including its reapplication with the NRC. The timing allows the plant to apply for the DOE’s Civil Nuclear Credit program. This legislation would keep Diablo’s Unit 1 open until October 31, 2029, and Unit 2 until October 31, 2030, with annual reports on the PUC’s resource plans. After five years, the state would assess whether the units should stay open for another five years, with a final expiration set for October 31, 2035.

  • SB 100 (Signed by Governor Brown in 2018)

    Established a policy requiring 100% of electric retail sales to come from renewable and zero-carbon resources by 2045. While not specifically related to promotion of nuclear energy, this policy influences the state’s energy mix and specifically allows for the inclusion of zero-carbon nuclear energy, rather than excluding it by requiring only renewables.

  • SB 385: (Enacted May 2024)

    Permits the Commissioner of Energy and Environmental Protection to coordinate with other New England states to procure generation resources from a nuclear power generating facility for ten years following the end of existing agreements with a nuclear power generating facility.

  • SB 7: (Enacted July 2023)

    Expands the definition of Class I renewable energy sources to include Nuclear generating facilities built after October 1, 2023; establishes the Connecticut Council for Advancing Nuclear Energy Development; and requires the Department of Energy and Environmental Protection (DEEP) to study the feasibility of deploying small modular reactors, advanced nuclear reactors, fusion energy facilities, and other zero carbon resources.

  • CT HB 10: (Enacted May 2022)

    Creates an exception to the state’s existing nuclear power facility to expand into advanced nuclear technologies like small modular reactors.  (The Bill.)

  • CT H 5202: (Enacted May 2022)

    Establishes a task force to study hydrogen power, including but not limited to an examination of nuclear as a source of clean hydrogen. Includes provision that one member will be a representative from an eligible nuclear power generating facility.

  • HB 1501: (Enacted October 2017)

    Allows for the Millstone nuclear power plant to participate in the state’s zero–carbon procurement program. (The Bill.)

  • HB 1645: (Enacted May 2024)

    Requires the public service commission to evaluate feasibility of using advanced nuclear power technologies.

  • PSC Regulation No. 29849: (December 2023)

    Prior 2009 Legislation (SB 31) allowed a utility to recover from customers the costs of financing associated with the construction of a nuclear plant that was certified by the Georgia Public Service Commission.  The new PSC Regulation approves Georgia Power’s application to adjust rates to include reasonable and prudent costs from Plant Vogtle Units 3 and 4.

  • Senate Concurrent Resolution (Adopted March 2024)

    Highlights the Legislature’s strong support for the historical, current, and future regional impacts of Idaho National Laboratory and recognizes the potential of the newly formed Idaho Advanced Energy Consortium.

  • HB 96: (Enacted July 2023)

    Expands the definition of clean energy to include nuclear, hydrogen, energy/battery storage, and other non-carbon emitting resources.

  • ID HCR 31: (Enacted February 2020)

    Relates to stating findings of the Legislature, recognizes nuclear power as a significant emissions-free energy resource, recognizes the significant contributions of the Idaho National Laboratory.

  • EO 2018-07:

    Supports the continued promotion, advancement and deployment of advanced reactor technologies, including small modular reactors, in Idaho.

  • HB 2473 2023: (Signed and Enacted) Repeals Illinois’ ban to allow new SMR construction in Illinois, updates regulations around nuclear waste storage, radiation protection, Uranium and Thorium Mill Tailings Control and more

    Governor JB Pritzker signed this amended bill ending a 36-year moratorium by allowing for the development of new advanced nuclear reactor power plants on a smaller scale in the state. Various standards were updated relating to radioactive materials regulation, handling and authority over them.

  • HB 1079 2023: (Passed by the Ill. House Public Utilities Commission allowing the bill to advance to the full house Feb. 2021)

    Deletes language that bans the construction of new nuclear until the US Government has identified and approved a demonstrable technology for the disposal of high level nuclear waste.

  • SB 18: (Enacted Sept. 2021)

    Establishes a zero–emission credit program for the Byron, Dresden, and Braidwood nuclear facilities within the state. (Similar to SB 2814, which established a zero-emission credit program for the Clinton and Quad Cities nuclear facilities.)

  • HB 2940: (Enacted July 2019)

    Directs the Emergency Management Agency to study specified items in the formulation of a state nuclear power policy, including the feasibility of continued use of nuclear power, effects of the use of nuclear power on public health and safety, minimum acceptable standards for the location of any future plants, and regulations for the reporting of radioactive emissions from such plants.

  • IN S 381: (Enacted March 2022)

    Establishes a program for the state to effectively manage sources of radiation.

  • IN S 271: (Enacted March 2022)

    Defines “small modular nuclear reactor” and directs for the adoption of rules allowing for SMR construction, purchase, or lease.

  • HR 54: (Adopted March 2013)

    Urges a study on small modular reactors that includes economic issues such as cost, economic impact, potential job creation, cost savings for electricity consumers; and technical, design, and regulatory questions.

  • LD 343: (Proposed Legislation in 2025 Session)

    This proposed bill would direct the Public Utilities Commission of Maine to seek Informational Bids regarding the potential siting and building of new Small Modular power plants within the state. Another proposed Act would end the requirement for a statewide referendum prior to building a new nuclear power plant.

  • HB 273: (Adopted May 2021)

    Removes a provision in the Montana Major Facility Siting Act which required the public to approve any proposed nuclear energy facilities through a statewide election (Enacted May 2021) and SJR 3: Requires a study of the feasibility of advanced nuclear generation, including an evaluation of the economic feasibility of replacing closing coal facilities with advanced nuclear reactors.

  • LB 84: (Enacted May 2021)

    Adds nuclear energy to the qualifying renewable energy sources eligible for a business tax incentive.

  • NH 543: (Enacted June 2022)

    Establishes a commission to study and consider legislation or other actions relative to the possibility of implementing next generation nuclear reactor technology in New Hampshire, provides for membership of the commission.

  • NH HR 16: (Pending Jan 2022)

    Calls for the federal government to construct a nuclear waste repository to permanently store the nation’s nuclear waste.

  • NH LSR 2317: (Pending Sept. 2021)

    Calls for the federal government to complete the Yucca Mountain nuclear waste repository.

  • NH LSR 728: (Filed November 2020)

    Establishes a commission to study nuclear power and nuclear reactor technology in New Hampshire.

  • NJ S 219: (Pending June 2022)

    Provides that fusion energy and fusion technology companies are eligible to receive benefits under certain economic incentive programs.

  • NJ A 4064: (Pending May 2022)

    Directs Board of Public Utilities to adopt rules and regulations concerning small modular nuclear reactors, authorizes Economic Development Authority to incentivize construction and operation of such reactors.

  • NJ SCR 90: (Pending March 2022)

    Urges the President of the United States and the United States Congress to annually financially compensate every local unit of government in the United States where there is a decommissioned nuclear power plant in which spent nuclear fuel is stored.

  • NJ A 3079: (Pending February 2022)

    Requires, by a specified energy year, all electric power sold in state by each electric power supplier and basic generation service provider to be from zero carbon sources.

  • NJ S 220: (Pending January 2022)

    Concerns the Fusion Technology Industry Promotion Act, establishes a program to promote fusion technology industry and attract fusion technology businesses.

  • NJ S 217: (Pending January 2022)

    Adds fusion to types of Class I renewable energies as defined for purposes of the Electric Discount and Energy Competition Act.

  • ER20080557-9 NJ PUC Order: (Ordered April 2021)

    Renews the zero-emission credit program for Hope Creek and Salem Nuclear Power Plants until 2024.

  • NJ SR 14: (Enacted June 2020)

    Urges Congress and President to increase funding for fusion energy research.

  • NJ S 2313: (Enacted May 2018)

    Establishes a zero emission certificate program for nuclear power plants.

  • NY A 5036: (Pending February 2021)

    Adjusts the zero emissions credit to account for the proportional benefits received within each energy zone attributed to the continued operation of nuclear facilities.

  • NY PSC Order: (Ordered August 2016)

    Establishes a clean energy program and allows for the creation of zero–emission credit program to preserve certain existing zero emission nuclear generation in the state.

  • OH H 434: (Pending February 2022)

    Enacts the Advanced Nuclear Technology Helping Energize Mankind (ANTHEM) Act by establishing the Ohio Nuclear Development Authority.

  • Ohio’s Legislature launched a Nuclear Energy Caucus (2019)

  • OH H 6: (Enacted July 2019)

    Facilitates and continues the development, production and use of electricity from nuclear energy resources in the state.

  • PA S 979: (Pending January 2022)

    Relates to alternative energy, provides for Zero Emissions Certificate Program and for decarbonization, establishes the Zero Emissions Certificate Fund.

  • Pennsylvania legislators launched a bicameral, bipartisan Nuclear Energy Caucus and release the “Bicameral Nuclear Energy Caucus Report” (2017-2018 Session)

  • SB 227/576: (Enacted October 2017)

    Urges the Federal Energy Regulatory Commission (FERC) to implement policies to ensure fuel secure generation resources like nuclear energy receive proper compensation for the positive attributes they provide nation’s electric system.

  • WA HB 1584:

    Requires that advanced nuclear reactors be considered alongside other carbon-neutral energy alternatives when the state is developing its strategic energy goals. This bill, introduced in late January, passed the House vote with 91 yeas, 6 nays. Now being reviewed in the Senate.

  • WA S 5244:

    Encourages the production of advanced nuclear reactors, small modular reactors, and components through the invest in Washington act.

  • WV S 4: (Enacted February 2022)

    Repeals the article banning the construction of nuclear power plants.

  • WV HR 14:

    Relates to the resolution on West Virginia’s Energy Future. Includes nuclear power.

  • WV SR 35:

    Recognizes clean energy’s importance to the state’s energy future.

Senate Joint Resolution 7: (Proposed February 2025)

This Resolution seeks to declare that the Wisconsin State legislature supports nuclear fission and fusion as clean energy sources that are critical to safely meeting Wisconsin’s growing energy demands and its commitment to the epansion of nuclear power and nuclear development in the state.

  • Act 344: (Enacted April 2016)

    Repeals moratorium on the construction of new nuclear facilities within the state.

  • WY H 131: (Enacted March 2022)

    Relates to environmental quality, amends and repeals requirements and conditions for legislative approval of the siting of high-level radioactive waste storage facilities as specified, amends provisions for small modular nuclear reactors to apply to advanced nuclear reactors, specifies duties and requirements for advanced nuclear reactors.

  • WY D 174: (Pending October 2021)

    Amends provisions for small modular reactors to apply to advanced nuclear reactors, defines terms, amends definitions related to cost recovery and exemptions for specified electric generation facilities, makes conforming amendments, repeals nuclear reactor rulemaking requirements as specified, requires rulemaking, provides for an effective date.

  • WY D 243: (Pending October 2021)

    Relates to taxation and revenue, repeals the tax upon the production of electricity from nuclear reactors and associated provisions, provides for an effective date.

  • HB 74: (Enacted March 2020)

    Authorizes permits for small modular reactors (SMR) to replace a coal or natural gas–generating units so long as the SMR’s rated capacity is not greater than 300 megawatts.

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