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<ns0:Id>20250AB__264798AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-04-06</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Calderon</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Assembly Members Harabedian and Lee)</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Senator Jones)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Calderon</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Harabedian</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Lee</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Jones</ns0:Name>
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<ns0:Title>An act to amend Sections 25524.1 and 25524.2 of, and to add Section 25524.3 to, the Public Resources Code, relating to energy. </ns0:Title>
<ns0:RelatingClause>energy</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Energy: nuclear facilities: advanced nuclear reactors.</ns0:Subject>
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<html:p>Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with the exclusive jurisdiction to certify thermal powerplants with a generating capacity of 50 megawatts or more. Existing law prohibits the Energy Commission from certifying a nuclear fission thermal powerplant, except for specified powerplants, and provides that a nuclear fission thermal powerplant, except those specified powerplants, is not a permitted land use in
California unless certain conditions are met regarding the existence of technology for the construction and operation of nuclear fuel rod processing plants and of demonstrated technology or means for the disposal of high-level nuclear waste, as specified.</html:p>
<html:p>This bill would exempt advanced nuclear reactors, as defined, from that prohibition. The bill would require the commission, before making a determination that an advanced nuclear reactor is not subject to the prohibition, to verify that the owner, operator, or developer of the advanced nuclear reactor has made legally enforceable commitment to comply with certain labor requirements. The bill would, except as provided, require the owner, operator, or developer of an advanced nuclear reactor that is certified by the commission to comply with those labor requirements.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_03D7BA05-591F-48BD-98CA-3E5E0F7EFD38">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>In enacting this act, it is the intent of the Legislature to ensure the use of a skilled and trained workforce required to perform work on other dangerous industrial facilities, including petroleum refineries and chemical manufacturing facilities, also applies to the initial construction and maintenance of new advanced nuclear reactors to ensure public health and safety.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 25524.1 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Num>25524.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Except for the existing Diablo Canyon Units 1 and 2 owned by Pacific Gas and Electric Company and San Onofre Units 2 and 3 owned by Southern California Edison Company and San Diego Gas and Electric Company and, except as provided in Section 25524.3, a nuclear fission thermal powerplant requiring the reprocessing of fuel rods, including any to which this chapter does not otherwise apply, except those having a vested right as defined in this section, shall not be a permitted land use in the state or, where applicable, certified by the
commission until both of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The commission finds that the United States through its authorized agency has identified and approved, and there exists a technology for the construction and operation of, nuclear fuel rod reprocessing plants.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The commission has reported its findings and the reasons therefor pursuant to paragraph (1) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings unless within those 100 legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission
made pursuant to paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission’s findings into conformance with paragraph (1).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the findings are that the conditions of paragraph (1) have been met, the commission may proceed to certify nuclear fission thermal powerplants 100
legislative days after reporting its findings to the Legislature unless within those 100 legislative days both houses of the Legislature act by statute to declare the findings null and void and take appropriate action.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months before the adjournment of the Legislature sine die.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The commission shall further find on a case-by-case basis that facilities with adequate capacity to reprocess nuclear fuel rods from a certified nuclear facility or to store that fuel if that storage is approved by an authorized agency of the United States are in actual operation or will be in operation at the time that the nuclear facility requires
reprocessing or storage if the storage of fuel is in an offsite location to the extent necessary to provide continuous onsite full core reserve storage capacity.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division, but shall not issue a decision pursuant to Section 25523 granting a certificate until the requirements of this section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, that may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this section have been met.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 25524.2 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4D4E4C09-E3E3-4B3E-82C9-9F7377D009AE">
<ns0:Num>25524.2.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except for the existing Diablo Canyon Units 1 and 2 owned by Pacific Gas and Electric Company and San Onofre Units 2 and 3 owned by Southern California Edison Company and San Diego Gas and Electric Company and, except as provided in Section 25524.3, a nuclear fission thermal powerplant, including any to which this chapter does not otherwise apply, except those exempted by this section, shall not be a permitted land use in the state or, where applicable, be certified by the commission until both of the following conditions have
been met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The commission finds that there has been developed and that the United States through its authorized agency has approved and there exists a demonstrated technology or means for the disposal of high-level nuclear waste.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The commission has reported its findings and the reasons therefor pursuant to paragraph (1) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings unless within those 100 legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission’s findings into conformance with paragraph (1).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the findings are that the conditions of paragraph (1) have been met, the commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after
reporting its findings to the Legislature unless within those 100 legislative days both houses of the Legislature act by statute to declare the findings null and void and take appropriate action.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months before the adjournment of the Legislature sine die.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “technology or means for the disposal of high-level nuclear waste” means a method for the permanent and terminal disposition of high-level nuclear waste. This section does not require that facilities for the application of that technology or means be available at the time that the commission makes its findings. That disposition of high-level
nuclear waste does not preclude the possibility of an approved process for retrieval of the waste.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division, but shall not issue a decision pursuant to Section 25523 granting a certificate until the requirements of this section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, that may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this section have been met.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 25524.3 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_C400B803-7829-4C84-8B02-380D9E2C0B65">
<ns0:Num>25524.3.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, all of the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Advanced nuclear reactor” means a nuclear fission or fusion energy system with design characteristics that provide enhanced safety features, reduced waste generation, improved fuel use, and other technological advancements compared to a generation II nuclear reactor, and that has a design license approved by the federal Nuclear Regulatory Commission on or after January 1, 2005.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Apprenticeable occupation” means an occupation for which the chief has approved an apprenticeship program pursuant to Section 3075 of the Labor Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Building and construction trades” means trades with apprenticeship programs that are subject to the Section 3075.5 of the Labor Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Construction,” “alteration,” demolition,” “installation,” and “repair” have the same meanings as those terms are used in Section 1720 of the Labor Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Graduate of an apprenticeship program” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council or the chief for completing an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Onsite work” does not include catalyst handling and loading, chemical cleaning, or inspection and testing that was not within the scope of a prevailing wage determination issued by the Director of Industrial Relations as of January 1, 2025.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Prevailing hourly wage rate” means the general prevailing rate of per diem wages, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, but does not include shift differentials, travel and subsistence, or holiday pay. Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that
employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Registered apprentice” means an apprentice registered in an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code who is performing work covered by the standards of that apprenticeship program and receiving the supervision required by the standards of that apprenticeship program.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Skilled and trained workforce” means a workforce that meets both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All the workers are either registered apprentices or skilled journeypersons.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 60 percent of the skilled
journeypersons are graduates of an apprenticeship program for the applicable occupation.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Skilled journeyperson” means a worker who meets both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the chief, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and geographic area.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Subject to subdivision (c), Sections 25524.1 and 25524.2 do not apply to an advanced
nuclear reactor.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before making a determination that an advanced nuclear reactor is not subject to Section 25524.1 or 25524.2, the commission shall verify that the owner, operator, or developer of the advanced nuclear reactor has made a legally enforceable commitment that in contracting for the performance of initial and subsequent construction, alteration, demolition, installation, repair, or maintenance work on the advanced nuclear reactor, it will require contractors and any subcontractors on those activities to use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The owner, operator, or developer of an advanced nuclear reactor that is authorized pursuant to this chapter shall provide to the Labor Commissioner, on a monthly basis, a report demonstrating
compliance with subdivision (c) that includes the full name of, and identify the apprenticeship program, location, and graduation date of, each worker relied upon to satisfy the apprenticeship graduation percentage requirements of this section. The report is a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the Labor Commissioner, or the Labor Commissioner’s designee, determines after an investigation that a contractor or subcontractor failed to use a skilled and trained workforce in accordance with subdivision (c), the contractor or subcontractor responsible for the violation shall forfeit, as a civil penalty to the state, not more than five thousand dollars ($5,000) per month of work performed in violation of subdivision (c). A contractor or subcontractor that commits a second or
subsequent violation within a three-year period shall forfeit as a civil penalty to the state the sum of not more than ten thousand dollars ($10,000) per month of work performed in violation of subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The amount of a civil penalty may be reduced or waived by the Labor Commissioner if the amount of the civil penalty would be disproportionate to the severity of the violation. The Labor Commissioner shall consider, in setting the amount of a civil penalty, all of the following circumstances:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether the violation was intentional.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether the contractor or subcontractor has committed other violations of this section or of the Labor Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Whether, upon notice of the violation, the contractor or subcontractor took steps to
voluntarily remedy the violation.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The extent or severity of the violation.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The Labor Commissioner, or Labor Commissioner’s designee, shall issue a civil wage and penalty assessment, in accordance with Section 1741 of the Labor Code, upon determination of a civil penalty assessed under subparagraph (A). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with Section 1742 of the Labor Code. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code, shall apply.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The determination of the Labor
Commissioner as to the amount of the civil penalty imposed under this subdivision shall be reviewable by the Director of Industrial Relations only for an abuse of discretion.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not apply if all work on the advanced nuclear reactor is covered by a project labor agreement that requires the use of a skilled and trained workforce and provides for the enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, a “project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
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