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A BILL TO BE ENTITLED
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AN ACT
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relating to the transportation, storage, or disposal of high-level |
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radioactive waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.003, Health and Safety Code, is |
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amended by adding Subdivision (12-b) to read as follows: |
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(12-b) "High-level radioactive waste" has the meaning |
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assigned by 42 U.S.C. Section 10101(12) and includes spent nuclear |
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fuel as defined by 42 U.S.C. Section 10101(23). |
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SECTION 2. Section 401.0525, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) With the exception of a permit for a facility located at |
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the site of currently or formerly operating nuclear power reactors |
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and currently or formerly operating nuclear research and test |
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reactors located on university campuses, the commission may not |
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under the authority given to the agency under Section 301, 304, or |
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401 of the Clean Water Act (33 U.S.C. Sections 1311, 1314, and 1341) |
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issue a general construction permit or approve a Stormwater |
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Pollution Prevention Plan under Section 26.040, Water Code, or |
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issue a permit under the Texas Pollutant Discharge Elimination |
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System Program under Section 26.027, 26.028, or 26.121, Water Code, |
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for the construction or operation of a facility that is licensed for |
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the storage of high-level radioactive waste by the United States |
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Nuclear Regulatory Commission under 10 C.F.R. Part 72. Section |
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401.005 does not apply to this subsection. |
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SECTION 3. Subchapter C, Chapter 401, Health and Safety |
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Code, is amended by adding Sections 401.072 and 401.073 to read as |
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follows: |
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Sec. 401.072. TRANSPORTATION OF HIGH-LEVEL RADIOACTIVE |
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WASTE. A person may not transport, or arrange for the |
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transportation of, high-level radioactive waste on the highways or |
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railways in this state. |
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Sec. 401.073. DISPOSAL OR STORAGE OF HIGH-LEVEL RADIOACTIVE |
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WASTE. With the exception of storage at the site of currently or |
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formerly operating nuclear power reactors and currently or formerly |
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operating nuclear research and test reactors located on university |
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campuses, a person, including the compact waste disposal facility |
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license holder, may not dispose of or store high-level radioactive |
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waste in this state. |
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SECTION 4. Section 401.0525(c), Health and Safety Code, as |
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added by this Act, applies only to an application for a permit or |
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permit amendment submitted on or after the effective date of this |
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Act. |
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SECTION 5. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |