87S20879 JAM-D
 
  By: Landgraf H.B. No. 7
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transportation, 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 located on university campuses, 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 Sections 401.072 and 401.073 to read as
  follows:
         Sec. 401.072.  TRANSPORTATION OF HIGH-LEVEL RADIOACTIVE
  WASTE. A person may not transport, or arrange for the
  transportation of, high-level radioactive waste on the highways or
  railways in this state.
         Sec. 401.073.  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 located on university
  campuses, 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.