Chapter 4164 | Ohio Nuclear Development Authority

Section 4164.01 | Definitions.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

As used in this chapter, unless the context otherwise requires, "authority" means the Ohio nuclear development authority created and constituted under section 4164.04 of the Revised Code.

Last updated September 12, 2023 at 8:42 AM

Section 4164.02 | Intent - model language.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

It is the intent of the general assembly in enacting this chapter of the Revised Code to encourage its use as a model for future legislation to further the pursuit of innovative research and development for any industry in this state.

Last updated September 12, 2023 at 8:53 AM

Section 4164.04 | Creation of Ohio nuclear development authority.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

There is hereby created and constituted within the department of development, the Ohio nuclear development authority. The authority's exercise of powers conferred by this chapter is the performance of an essential governmental function and addresses matters of public necessity for which public moneys may be spent.

Last updated September 12, 2023 at 8:43 AM

Section 4164.05 | Authority membership; length of terms.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

(A) The authority shall consist of nine members appointed by the governor, representing the following three stakeholder groups within the nuclear-engineering-and-manufacturing industry:

(1) Safety;

(2) Industry;

(3) Engineering research and development.

(B)(1) A member appointed from the safety group shall hold at least a bachelor's degree in nuclear, mechanical, chemical, or electrical engineering and at least one of the following shall also apply:

(a) The member is a recognized professional in nuclear-reactor safety or developing ISO 9000 standards.

(b) The member has been employed by or has worked closely with the United States department of energy or the nuclear regulatory commission and the member also has a professional background in nuclear-energy-technology development or advanced-nuclear-reactor concepts.

(c) The member has been employed by a contractor that has built concept reactors and the member also worked with hazardous substances, either nuclear or chemical, during that employment.

(2) A member appointed from the industry group shall have at least five years of experience in one or more of the following:

(a) Nuclear-power-plant operation;

(b) Processing and extracting isotopes;

(c) Managing a facility that deals with hazardous substances, either nuclear or chemical;

(d) Handling and storing nuclear waste.

(3) A member appointed from the engineering research and development group shall hold at least a bachelor's degree in nuclear, mechanical, chemical, or electrical engineering and the member shall also be a recognized professional in at least one of the following areas of study:

(a) Advanced nuclear reactors;

(b) Materials science involving the study of alloys and metallurgy, ceramics, or composites;

(c) Molten-salt chemistry;

(d) Solid-state chemistry;

(e) Chemical physics;

(f) Actinide chemistry;

(g) Instrumentation and sensors;

(h) Control systems.

(C) The members shall be United States citizens and residents of this state.

(D) The members shall serve five-year terms.

(E) Any appointment to fill a vacancy on the authority shall be made for the unexpired term of the member whose death, resignation, or removal created the vacancy.

Last updated October 26, 2023 at 9:54 AM

Section 4164.051 | Appointment by governor.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The governor shall appoint members and fill vacancies in the membership of the authority.

Last updated October 26, 2023 at 9:58 AM

Section 4164.053 | Appointments subject to senate advice and consent.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

All appointments by the governor to the authority are subject to the advice and consent of the senate.

Last updated October 26, 2023 at 10:00 AM

Section 4164.07 | Performance of duties commence on appointment.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

Immediately after appointment to the authority under section 4164.05 of the Revised Code, the members shall enter upon the performance of their duties.

Last updated October 26, 2023 at 10:01 AM

Section 4164.08 | Office or employment not forfeited by membership or service.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

Notwithstanding any law to the contrary, no officer or employee of this state shall be deemed to have forfeited, or shall have forfeited, the officer's or employee's office or employment due to acceptance of membership on the authority or by providing service to the authority.

Last updated October 26, 2023 at 10:03 AM

Section 4164.10 | Purpose of authority.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The authority is established for both of the following purposes:

(A) To be an information resource for this state, the United States nuclear regulatory commission, all branches of the United States military, and the United States department of energy on advanced-nuclear-research reactors, isotopes, and isotope technologies;

(B) To make this state all of the following:

(1) A leader in the development and construction of new-type advanced-nuclear-research reactors;

(2) A national and global leader in the commercial production of isotopes and research;

(3) A leader in the research and development of high-level-nuclear-waste reduction and storage technology.

Last updated October 26, 2023 at 10:04 AM

Section 4164.11 | Powers of authority.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The authority shall have all powers necessary and convenient for carrying out its statutory purposes, including the following powers:

(A) To adopt bylaws for the management and regulation of its affairs;

(B) To develop and adopt a strategic plan for carrying out the purposes set forth in this chapter;

(C) To foster innovative partnerships and relationships in the state and among the state's public institutions of higher education, private companies, federal laboratories, and nonprofit organizations, to accomplish the purposes set forth in this chapter;

(D) To identify and support, in cooperation with the public and private sectors, the development of education programs related to Ohio's isotope industry.

Last updated October 26, 2023 at 10:05 AM

Section 4164.12 | Department of development support by agreement.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

For the purpose of carrying out the Ohio nuclear development authority's duties under the Revised Code, the authority may make use of the staff and experts employed at the department of development in such manner as is provided by mutual arrangement between the authority and the department.

Last updated September 12, 2023 at 8:56 AM

Section 4164.13 | Open meetings law.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

Meetings of the authority shall be held in compliance with section 121.22 of the Revised Code.

Last updated October 26, 2023 at 10:06 AM

Section 4164.15 | Collaboration regarding commercializing advance-nuclear-reactor components.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The authority shall work with industrial and academic institutions and the United States department of energy or branches of the United States military for the commercialization of advanced-nuclear-reactor components, which may include any of the following:

(A) Advanced-nuclear-reactor-neutronics analysis and experimentation, including reactor, plant, shielding, nuclear data, source-program software, nuclear database, conceptual design, core and system design, certification in the phases, core-management and fuel-management technology, modeling, and calculation;

(B) Advanced-nuclear-reactor safety and plant safety, including reactor-system safety standards, accident-analysis software, and accident-management regulations;

(C) Advanced-nuclear-reactor fuels and materials, including long-life fuel, clad materials, structural materials, component materials, absorber materials, circuit materials, raw materials, fuels-and-materials research and development, testing programs used to develop fuels and materials-manufacturing processes, experimental data, formulae, technological processes, and facilities and equipment used to manufacture advanced-nuclear-reactor fuels and materials;

(D) Advanced-nuclear-reactor-nuclear-steam-supply systems and their associated components and equipment, including design standards, component, equipment, and systems design, thermal hydraulics, mechanics, and chemistry analysis;

(E) Advanced-nuclear-reactor engineered-safety features and their associated components, including design standards, component design, system design, and structural design;

(F) Advanced-nuclear-reactor building, including containment design, structural analysis, and architectural analysis;

(G) Advanced-nuclear-reactor instrumentation and control and application of computer science, including survey, monitor, control, and protection systems;

(H) Advanced-nuclear-reactor-quality practices, nondestructive-inspection practices, and in-service-inspection technology;

(I) Advanced-nuclear-reactor plant design and construction, debug, test-run, operation, maintenance, and decommissioning technology;

(J) Advanced-nuclear-reactor economic methodology and evaluation technology;

(K) Treatment, storage, recycling, and disposal technology for advanced-nuclear-reactor and system-spent fuel;

(L) Treatment, storage, and disposal technology for advanced-nuclear-reactor and system radioactive waste.

Last updated October 26, 2023 at 10:07 AM

Section 4164.16 | Priority for nuclear waste reduction and isotope production projects.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

The authority shall give priority to projects that reduce nuclear waste and produce isotopes.

Last updated October 26, 2023 at 10:08 AM

Section 4164.18 | Annual report.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

On or before the fourth day of July of each year, the authority shall submit an annual report of its activities to the governor, the speaker of the house of representatives, the president of the senate, and the chairs of the house and senate committees that oversee energy-related issues. The report shall be posted to the authority's web site.

Last updated October 26, 2023 at 10:09 AM

Section 4164.19 | Agreements not superseded.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

Nothing in this chapter shall be construed to supersede any agreement between the department of health and the United States nuclear regulatory commission entered into under section 3748.03 of the Revised Code.

Last updated September 12, 2023 at 8:52 AM