Section 1. Short Title 

This Act may be cited as the “OPEN Act — Overturn Prohibitions & Establish a Nuclear Coordinator Act.” 

Section 2. Purpose 

The purposes of this Act are to advance the state’s interest in reliable and affordable energy supply:

1. remove statutory and regulatory barriers to the construction and operation of nuclear energy facilities;
2. designate the [State Department of Energy] (“Department”) as the lead entity to coordinate state-level nuclear policy with the Legislature and other agencies; and
3. establish a State Nuclear Coordinator to serve as the state’s leader for permitting, siting, and related duties. 

Section 3. Definitions 

As used in this Act: 

A. “Nuclear energy facility” means a facility that generates electric or thermal energy through nuclear fission or fusion, including advanced reactors, small modular reactors, microreactors, and associated fuel-cycle and thermal-storage systems; it does not include radiological safety regulation preempted by federal law. 

B. “Political subdivision” means a county, municipality, township, special district, or other local governmental entity. 

C. “Department” means the [State Department of Energy]. 

Section 4. Repeal of Existing Prohibitions and Special Barriers 

(a) Repeal of categorical prohibitions. Any statute, regulation, rule, ordinance, zoning restriction, land-use rule, policy, or order of this State or a political subdivision that categorically prohibits the permitting, siting, construction, or operation of a nuclear energy facility—including statewide or local moratoria, technology-specific bans, or requirements of legislative or voter approval unique to nuclear energy facilities—is hereby repealed and of no further force or effect. 

(b) Specific categories. The repeal in subsection (a) includes, without limitation: 

1. Statewide or local moratoria or bans on nuclear energy facilities or the operations of existing facilities; 
2. Technology-specific bans of nuclear reactors or waste storage or nuclear fuel types (e.g., on advanced reactors, small modular reactors, microreactors, or particular coolants or fuels); 
3. Waste-contingent bans that condition siting or construction on the availability of a federal or state long-term waste disposal or reprocessing facility; 
4. Veto or plebiscite requirements that condition permitting or construction on a separate act of the Legislature or approval by statewide or local referendum; and 
5. Bans on uprates or expansions of existing facilities; 
6. Special or additional provisions and requirements for nuclear facilities to receive certificates of public need that are not required of every generation type; 
7. “Optimality” or necessity tests that require a showing that nuclear is the “optimal,” “least-cost,” or otherwise uniquely necessary resource as a condition of siting or permitting beyond generally applicable standards. 

(c) Preservation of generally applicable laws. Nothing in this Section repeals or limits generally applicable, technology-neutral environmental, public health, safety, land-use, historic-preservation, parks, or conservation laws, including rules governing state parks and protected lands, so long as such laws do not single out nuclear energy facilities for more burdensome treatment than other facilities. 

Section 5. Non-Discrimination and Preemption of New Bans 

(a) Non-discrimination. No state agency or political subdivision may adopt or enforce a requirement, fee, tax, or standard that singles out nuclear energy facilities for treatment more burdensome than that applied to comparable energy facilities under generally applicable, technology-neutral standards. 

1. The unique challenges of nuclear waste will be managed through existing or to be established State Agreement Program with the Nuclear Regulatory Commission. 

(b) No new moratoria. No state agency or political subdivision may enact or enforce any new moratorium, ban, or requirement described in Section 4. 

(c) Savings clause. Nothing in this Act alters or expands state authority over radiological safety matters preempted by federal law, nor does it exempt any facility from generally applicable environmental, health, or safety standards that are technology-neutral and otherwise lawful. 

Section 6. Departmental Coordination Responsibilities 

The Department shall: 

(a) Serve as the lead state entity for interagency coordination on nuclear energy facility development and related workforce, infrastructure, and community-benefit planning; 

(b) Advise and consult with the Legislature, upon request or at least annually, on statutory and budgetary recommendations necessary to accelerate nuclear deployment consistent with this Act; 

(c) Establish and maintain a public one-stop portal providing guidance on state and local permitting, siting, interconnection, environmental review, and available federal or state financing tools; and 

(d) Enter into memoranda of understanding with relevant agencies— including the public utility commission, environmental quality, emergency management, state fire marshal, and state geologic survey— to expedite coordinated, concurrent reviews. 

Section 7. State Nuclear Coordinator 

(a) Establishment. There is created within the Department the position of State Nuclear Coordinator (“Coordinator”). 

(b) Appointment. The Coordinator shall be appointed by the [Governor/Director/Secretary] of the Department and may be removed pursuant to applicable state law. 

(c) Duties. The Coordinator shall: 

1. Act as the internal advocate and ombudsman for nuclear energy facilities within state government; 
2. Facilitate permitting and siting by coordinating agency timelines, identifying critical-path items, and providing a single point of contact for project sponsors and communities; 
3. Coordinate with federal entities, including the U.S. Nuclear Regulatory Commission and U.S. Department of Energy, on matters within state purview; 
4. Engage communities and local governments on nuclear education and infrastructure needs;
5. Report annually to the Governor and the Legislature on nuclear deployment progress, interagency performance against timelines, workforce needs, infrastructure needs, and recommended statutory or regulatory improvements to existing state law and practices. 

(d) Staffing. The Department may assign staff or contract for expertise necessary to support the Coordinator’s duties. 

(e) Regional coordination. As far as it can accelerate nuclear energy development, the Coordinator shall work with energy officials outside of the state and with regional transmission operators to ensure the timely interconnection of new generators, transmission line development, other energy infrastructure development, or other measures that promote nuclear energy’s development. 

Section 8. Timelines and Concurrent Review 

(a) Total review timelines should take no more than 180 days. 

(b) To the maximum extent permitted by law, agencies with permitting, siting, or approval responsibility for a nuclear energy facility shall conduct concurrent, coordinated reviews consistent with schedules established by the Department. 

(c) Agencies shall provide the Coordinator with single-point status updates and identify barriers to timely completion; the Coordinator shall elevate unresolved issues to the Governor or Legislature as appropriate. 

Section 9. Effective Date 

This Act takes effect on [Month Day, Year].