Senate 1001

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 1001

By Senator Jeffries

[Introduced February 19, 2026; referred
to the Committee on Energy, Industry, and Mining]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-27C-1, §16-27C-2, §16-27C-3, §16-27C-4, §16-27C-5, §16-27C-6, §16-27C-7, §16-27C-8, §16-27C-9, and §16-27C-10, relating to establishing the West Virginia Nuclear Lifecycle and Advanced Fuel Cycle Development Act; authorizing enrichment, recycling, transportation, storage, and related fuel cycle activities; providing for federal partnership authority; establishing state permitting coordination; and ensuring compliance with federal law.

Be it enacted by the Legislature of West Virginia:

ARTICLE 27C. WEST VIRGINIA NUCLEAR LIFECYCLE AND ADVANCED FUEL CYCLE DEVELOPMENT ACT.

§16-27C-1. Short Title.

This article shall be known and cited as the "West Virginia Nuclear Lifecycle and Advanced Fuel Cycle Development Act."

§16-27C-2. Legislative Findings and Intent.

The Legislature finds that:

(1) Advanced nuclear energy, including small modular reactors, requires secure domestic fuel cycle capabilities including uranium conversion, enrichment, fabrication, recycling, storage, and waste management.

(2) The federal government, including the U.S. Department of Energy, has issued requests for information and funding opportunities to establish Nuclear Lifecycle Innovation Campuses.

(3) West Virginia’s existing industrial base, workforce, geology, and energy infrastructure make it well positioned to host enrichment, fuel fabrication, recycling, and storage operations.

(4) Federal regulation of nuclear materials is primarily governed by the U.S. Nuclear Regulatory Commission.

(5) It is the intent of the Legislature to authorize and support such activities within the boundaries of federal law.

§16-27C-3. Definitions.

"Advanced fuel cycle activities" include uranium conversion and enrichment; HALEU production; fuel fabrication; recycling or reprocessing; storage, packaging, and transportation of nuclear materials; and research related to advanced reactor fuel systems.

"Campus" means a designated site within the state intended to support multiple components of the nuclear fuel lifecycle.

 "Nuclear materials" shall have the same meaning as defined under federal law.

"Spent nuclear fuel" means irradiated fuel assemblies removed from a nuclear reactor.

§16-27C-4. Authorization of Activities.

(a) Enrichment, advanced fuel cycle development, recycling research, interim storage, and associated transportation are lawful within the state, provided such activities are licensed and conducted in accordance with federal law.

(b) No state agency or political subdivision may prohibit such federally authorized activities by ordinance or regulation inconsistent with federal authority.

(c) Nothing herein supersedes the regulatory authority of the U.S. Nuclear Regulatory Commission.

§16-27C-5. State Participation in Federal Programs.

(a) The Department of Economic Development, in coordination with the Office of Energy, may submit proposals, enter into memoranda of understanding with the U.S. Department of Energy, and administer federal funds.

(b) The state may provide matching funds, tax incentives, land grants, or infrastructure support to facilitate development of a Nuclear Lifecycle Innovation Campus.

§16-27C-6. Storage of Spent Nuclear Fuel.

(a) Interim storage of spent nuclear fuel is permitted at facilities licensed by the appropriate federal authority.

(b) The state may not assume ownership unless explicitly authorized by subsequent legislative enactment.

(c) Geological studies and environmental evaluations shall comply with federal environmental law.

§16-27C-7. Recycling and Reprocessing Authorization.

(a) Research, pilot projects, and commercial-scale recycling or reprocessing are authorized, subject to federal licensing.

(b) The state encourages development of advanced separation technologies that reduce waste volume and radiotoxicity.

§16-27C-8. Enrichment and HALEU Production.

(a) Uranium enrichment facilities, including those producing HALEU, are authorized subject to federal licensing.

(b) The state recognizes enrichment and advanced fuel fabrication as essential industrial development priorities.

§16-27C-9. Nuclear Lifecycle Development Fund.

(a) There is created in the State Treasury a special revenue account known as the "Nuclear Lifecycle Development Fund."

(b) The fund may be used for site preparation; workforce development; infrastructure improvements; matching federal grants; and legislative-approved incentive packages.

§16-27C-10. Severability.

If any provision of this article is held invalid, the remaining provisions remain in full force and effect.

NOTE: The purpose of this bill is to establish the West Virginia Nuclear Lifecycle and Advanced Fuel Cycle Development Act authorizing enrichment, recycling, transportation, storage and related fuel cycle activities.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.