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