Bill Text: TX HB7 | 2021 | 87th Legislature 2nd Special Session | Enrolled
Bill Title: Relating to the storage or disposal of high-level radioactive waste.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-09-09 - Effective immediately [HB7 Detail]
Download: Texas-2021-HB7-Enrolled.html
| H.B. No. 7 | ||
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| 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 December 5, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 7 was passed by the House on August | ||
| 30, 2021, by the following vote: Yeas 94, Nays 32, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 7 on September 2, 2021, by the following vote: Yeas 119, Nays | ||
| 3, 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 7 was passed by the Senate, with | ||
| amendments, on September 1, 2021, by the following vote: Yeas 31, | ||
| Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
