87S20879 JAM-D
By: Landgraf H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to the transportation, storage, or disposal of high-level
radioactive waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.003, Health and Safety Code, is
amended by adding Subdivision (12-b) to read as follows:
(12-b) "High-level radioactive waste" has the meaning
assigned by 42 U.S.C. Section 10101(12) and includes spent nuclear
fuel as defined by 42 U.S.C. Section 10101(23).
SECTION 2. Section 401.0525, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) With the exception of a permit for a facility located at
the site of currently or formerly operating nuclear power reactors
and currently or formerly operating nuclear research and test
reactors located on university campuses, the commission may not
under the authority given to the agency under Section 301, 304, or
401 of the Clean Water Act (33 U.S.C. Sections 1311, 1314, and 1341)
issue a general construction permit or approve a Stormwater
Pollution Prevention Plan under Section 26.040, Water Code, or
issue a permit under the Texas Pollutant Discharge Elimination
System Program under Section 26.027, 26.028, or 26.121, Water Code,
for the construction or operation of a facility that is licensed for
the storage of high-level radioactive waste by the United States
Nuclear Regulatory Commission under 10 C.F.R. Part 72. Section
401.005 does not apply to this subsection.
SECTION 3. Subchapter C, Chapter 401, Health and Safety
Code, is amended by adding Sections 401.072 and 401.073 to read as
follows:
Sec. 401.072. TRANSPORTATION OF HIGH-LEVEL RADIOACTIVE
WASTE. A person may not transport, or arrange for the
transportation of, high-level radioactive waste on the highways or
railways in this state.
Sec. 401.073. DISPOSAL OR STORAGE OF HIGH-LEVEL RADIOACTIVE
WASTE. With the exception of storage at the site of currently or
formerly operating nuclear power reactors and currently or formerly
operating nuclear research and test reactors located on university
campuses, a person, including the compact waste disposal facility
license holder, may not dispose of or store high-level radioactive
waste in this state.
SECTION 4. Section 401.0525(c), Health and Safety Code, as
added by this Act, applies only to an application for a permit or
permit amendment submitted on or after the effective date of this
Act.
SECTION 5. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.