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Committee pauses energy-projects bill over unclear "nonprofit educational institution" definition
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Summary
A committee debate over technical edits to an energy-related bill led to a hold after the department said the bill references non-existent "nuclear incentive programs" and uses an undefined phrase, "nonprofit educational institution," prompting members to seek statutory citations before proceeding.
The committee paused consideration of S.B. 447 after agency staff raised legal and drafting concerns about two parts of the bill: a reference to "nuclear incentive programs" and a catch-all phrase "nonprofit educational institution."
The Chair began debate on the committee amendment and technical fixes. An agency official warned that the bill’s text "includes management of funding and oversight of nuclear incentive programs" but "the state does not have any nuclear incentive programs, so the department was confused" by that language and recommended striking those phrases. The official also flagged the bill’s use of "nonprofit educational institution," saying there is "not a definition of that that exists somewhere in statute," which makes it difficult for the department to apply the law consistently.
Committee members discussed options to resolve the drafting problems. One member suggested restoring and then consolidating existing language while adding concrete examples; another proposed removing the problematic phrase and adding a clarified list of eligible districts or entities, for example by saying "such districts or entities include public housing authorities." There was particular concern about leaving the department responsible for ad hoc determinations of whether an entity qualifies for the program.
Because the department said the lack of a statutory definition would cause "consternation" and extra staff workload, the Chair put the measure on hold and asked members to identify an authoritative definition (for example in education statutes or the tax code) that could be inserted. A sponsor agreed to work with legislative staff and the Department of Education to find the appropriate citation and return with revised language within one to two weeks.
The pause preserves the committee’s ability to move the bill forward once the statutory definition is identified and the department’s drafting concerns are addressed.
