S. 5641

Opportunities for Nuclear Energy Investment Act

Sponsor: Tim Scott · 0 cosponsors

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Sec. 2. Nuclear communities definition and applicability

(a) Definition of nuclear communities. Clause (iv) of section 45(b)(11)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

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(iv) for purposes of any qualified facility which is an advanced nuclear facility, a metropolitan statistical area or non-metropolitan statistical area which has (or, at any time during the period beginning after December 31, 2009, had) 0.17 percent or greater—

(I) direct employment related to the advancement of nuclear power, including employment related to—

(aa) an advanced nuclear facility,

(bb) advanced nuclear power research and development,

(cc) nuclear fuel cycle research, development, or production, including mining, enrichment, manufacture, storage, disposal, or recycling of nuclear fuel, and

(dd) the manufacturing or assembly of components used in an advanced nuclear facility, plus

(II) indirect or induced employment related to the planning, licensing, engineering, procurement, site preparation, construction, and commissioning of an advanced nuclear facility.

(b) Special rule for beginning of construction for advanced nuclear facilities. Section 45(b)(11)(C) of such Code is amended by adding at the end the following new clause:

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(iii) Special rule for beginning of construction. For purposes of this paragraph, if construction of an advanced nuclear facility begins in an area which, as of the date on which construction of such facility begins, satisfies the requirements under any clause in subparagraph (B), such facility shall be deemed to be located in an energy community for the entirety of the 10-year period beginning on the date the facility was originally placed in service.

(c) Applicability of definition of nuclear communities. Section 48E(a)(3)(A)(i) of such Code is amended by striking , as applied without regard to clause (iv) thereof.

(d) Effective dates

(1) Definition of nuclear communities. Except as provided under paragraph (2), the amendments made by this section shall take effect as if included in section 70512(f)(1) of Public Law 119–21.

(2) Applicability of definition of nuclear communities. The amendment made by subsection (c) shall take effect as if included in section 70512(f)(2) of Public Law 119–21.