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