By: Landgraf H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to the 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 operated by a university, 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 Section 401.072 to read as follows:
Sec. 401.072. 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 operated by a
university, 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.