By: Kolkhorst S.B. No. 2274
 
 
 
   
 
 
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.