Texas 2023 - 88th Regular

Texas House Bill HB3650 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Guillen H.B. No. 3650
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of fusion energy.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 2, Utilities Code, is amended
9	9	by adding Chapter 44 to read as follows:
10	10	CHAPTER 44. FUSION ENERGY
11	11	Sec. 44.001. DEFINITIONS. In this chapter:
12	12	(1) "Fusion" means a reaction in which at least one
13	13	heavier, more stable nucleus is produced from two lighter, less
14	14	stable nuclei, that results in the emission of energy.
15	15	(2) "Fusion energy" means the product of fusion
16	16	reactions inside a device used for the purpose of generating
17	17	electricity or other commercially usable forms of energy.
18	18	(3) "Clean fusion energy" means fusion energy that
19	19	utilizes fuel that is not byproduct material as defined in 10 C.F.R. §
20	20	Section 30.4, whose primary fusion reaction is aneutronic, and
21	21	for which the outputs of the primary fusion reaction do not qualify
22	22	as byproduct material.
23	23	(4) “Fusion power plant” means a facility where a
24	24	fusion device serves as the principal source of energy production,
25	25	that is capable of converting fusion energy into electricity for
26	26	consumption, and that is interconnected with an electric grid for
27	27	the purpose of transporting net electricity produced.
28	28	(5) “Experimental fusion device” is a device designed
29	29	and used to carry out research and experiments to support the
30	30	design, development, and deployment of commercial fusion power
31	31	plants, and that is not interconnected with an electric grid for the
32	32	purpose of transporting net electricity produced.
33	33	Sec. 44.002. JURISDICTION OF COMMISSION. The commission
34	34	has jurisdiction over a fusion power plant.
35	35	Sec. 44.003. REFERENCES TO NUCLEAR FISSION. Any reference
36	36	in state statutes, rules, regulations, or other policies to “
37	37	nuclear energy,”“nuclear power,”“nuclear power plant,”“nuclear
38	38	reactor” or similar terms referencing nuclear fission shall not be
39	39	interpreted as applying to fusion, fusion energy, fusion power
40	40	plants, or experimental fusion devices unless the reference is
41	41	capable of no other reasonable interpretation except that it
42	42	applies.
43	43	SECTION 2. Section 39.206(a), Utilities Code, is amended to
44	44	read as follows:
45	45	(a) For purposes of this section:
46	46	(1) "Decommissioning" includes decommissioning and
47	47	decontamination of a nuclear generating unit consistent with
48	48	federal Nuclear Regulatory Commission requirements.
49	49	(2) "Nuclear decommissioning trust" means an external
50	50	and irrevocable trust created for the purpose of funding
51	51	decommissioning obligations for a nuclear generating unit,
52	52	consistent with federal Nuclear Regulatory Commission
53	53	requirements.
54	54	(3) "Nuclear generating unit" means an electric
55	55	generating facility that uses nuclear energy, except fusion energy
56	56	as defined by Section 44.001, to generate electricity for sale and
57	57	is licensed by the Nuclear Regulatory Commission.
58	58	(4) "Power generation company" has the meaning
59	59	assigned by Section 31.002.
60	60	(5) "Retail electric customer" means a retail electric
61	61	customer:
62	62	(A) in a geographic area of this state in which
63	63	retail customer choice has been implemented; or
64	64	(B) of a municipally owned utility or electric
65	65	cooperative that has an agreement to purchase power from a nuclear
66	66	generating unit.
67	67	SECTION 3. This Act takes effect September 1, 2023.