By: Guillen	H.B. No. 3650

	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.

Statutes affected:
Introduced: Utilities Code 39.206 (Utilities Code 39)