75-20-1302. Legislative approval of siting of spent nuclear fuel storage facilities -- conditions -- definition. (1) The legislature authorizes the siting of temporary spent nuclear fuel storage facilities within the state. A facility is authorized if:

(a) the facility is operated on the site of a nuclear power generating facility and stores spent nuclear fuel produced by a nuclear power generating facility operating within the state;

(b) the facility has received a state recommendation from the department of environmental quality, pursuant to 75-20-204; and

(c) the facility has received a license to construct and operate from the federal nuclear regulatory commission.

(2) For the purposes of this section, "spent nuclear fuel" means nuclear fuel that has been used in a reactor and is no longer able to produce enough energy to sustain a reaction.