89th Legislature

HB 4112

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4112, introduced by Representative Landgraf, seeks to regulate the disposal and storage of high-level radioactive waste within the state of Texas. The bill amends Sections 401.0525 and 401.072 of the Health and Safety Code to impose stricter limitations on the issuance of permits related to high-level radioactive waste management. Specifically, it prohibits the Texas Commission on Environmental Quality (TCEQ) from issuing general construction permits, approving Stormwater Pollution Prevention Plans, or granting permits under the Texas Pollutant Discharge Elimination System (TPDES) for facilities licensed by the U.S. Nuclear Regulatory Commission (NRC) for the disposal or storage of high-level radioactive waste. This prohibition, however, does not apply to facilities located at nuclear power reactors—whether currently or formerly operational—or university-operated nuclear research and test reactors.

Additionally, the bill mandates that high-level radioactive waste stored at an exempt facility must originate from nuclear reactors located at the same site. This site-specific requirement ensures that radioactive waste is not transported across the state to centralized storage facilities, thus mitigating potential environmental and safety risks. Furthermore, the bill explicitly prohibits any individual or compact waste disposal facility license holder from disposing of or storing high-level radioactive waste in Texas, except under the defined exemptions. The legislation is scheduled to take effect on September 1, 2025, and reflects growing concerns over the safety and environmental impacts of high-level radioactive waste management.

The original version of HB 4112,  aimed to regulate the storage and disposal of high-level radioactive waste within Texas. The original bill primarily focused on restricting the Texas Commission on Environmental Quality (TCEQ) from issuing permits related to facilities licensed by the U.S. Nuclear Regulatory Commission (NRC) for the disposal or storage of high-level radioactive waste. The bill made an exception for storage facilities located at the site of currently or formerly operating nuclear power reactors and university-operated nuclear research and test reactors. The prohibition extended to issuing general construction permits, Stormwater Pollution Prevention Plans, and Texas Pollutant Discharge Elimination System (TPDES) permits under the Clean Water Act and relevant sections of the Water Code. The bill also stated that no person or compact waste disposal facility license holder could dispose of or store high-level radioactive waste in Texas, except under the specified exemptions.

The Committee Substitute retains the core prohibitions but introduces a significant modification by adding a site-specific requirement for the origin of the high-level radioactive waste. In the substitute, high-level radioactive waste stored at an exempt facility must originate from the nuclear reactors located at the same site. This change addresses concerns about transporting radioactive waste across the state, which was not explicitly restricted in the original version. By requiring the waste to be produced at the same location where it is stored, the substitute aims to further enhance public safety and environmental protection.

In essence, the key difference between the original bill and the Committee Substitute lies in the introduction of a stricter condition in the latter: that the radioactive waste must originate from the same site where it is stored. This added provision reflects a more localized containment strategy, addressing both safety and environmental concerns more comprehensively than the original version.
Author
Brooks Landgraf
Sponsor
Brian Birdwell
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4112 is not expected to have a significant fiscal impact on the State of Texas. The analysis indicates that any costs associated with implementing the bill's provisions—such as regulating the disposal and storage of high-level radioactive waste—can be managed using existing resources within the relevant state agencies, particularly the Texas Commission on Environmental Quality (TCEQ). This suggests that no additional funding or budget allocations will be necessary to enforce the new regulations introduced by the bill.

Furthermore, the fiscal note indicates that there is no significant anticipated impact on local government units. This means that local jurisdictions that may host or regulate storage facilities for high-level radioactive waste would not incur substantial costs or financial burdens as a result of the bill's implementation.

In summary, HB 4112 is expected to have a minimal fiscal impact on both state and local government finances, as existing resources are considered adequate to accommodate the bill's requirements. 

Vote Recommendation Notes

HB 4112, authored by Representative Landgraf, addresses the disposal and storage of high-level radioactive waste within Texas. The bill revises existing statutory provisions established by HB. 7 (87th Legislature, Second Called Session, 2021), which prohibited the disposal and storage of such waste in the state, except for on-site storage at currently or formerly operating nuclear power reactors and university-operated nuclear research and test reactors. The primary change introduced by HB 4112 is to clarify that the exemptions apply not only to past and currently operating reactors but also to any future reactors. Additionally, the bill explicitly states that the high-level radioactive waste stored at an exempt facility must originate from nuclear power reactors or research reactors located at the same site. This site-specific provision was absent from the original version of the bill.

This legislation aligns well with core liberty principles, particularly Limited Government and Private Property Rights. By clarifying the scope of exemptions and specifying that waste must remain at the site of origin, the bill reduces regulatory uncertainty and limits the state’s involvement to overseeing localized storage rather than transportation or central storage of radioactive waste. This localized containment strategy minimizes public safety risks and environmental impacts, thereby protecting Individual Liberty and Personal Responsibility by preventing potential exposure to radioactive material. Additionally, the bill upholds Free Enterprise by allowing nuclear power operators and university research facilities to manage waste on-site, as originally intended when the reactors were licensed.

The bill does not impose new regulatory burdens on existing facilities and ensures that local governments are not financially impacted, as noted in the Legislative Budget Board’s fiscal note. Given that the bill also carries no criminal justice impact and does not expand rulemaking authority, it balances regulatory clarity with limited government intervention. For these reasons, Texas Policy research recommends that lawmakers vote YES on HB 4112.

  • Individual Liberty: HB 4112 promotes individual liberty by prioritizing public safety and environmental protection. By restricting the storage of high-level radioactive waste to its site of origin, the bill reduces the risk of radioactive material being transported through Texas communities. This protection aligns with the principle that individuals should be safeguarded from potential health hazards and environmental harm caused by improperly managed radioactive waste. Additionally, allowing university-operated research reactors and nuclear power reactors to continue storing waste at their original sites preserves the operational liberty of these facilities.
  • Personal Responsibility: The bill reinforces the principle of personal responsibility by holding nuclear facility operators accountable for the waste they generate. By requiring that high-level radioactive waste remain at the site of its origin, the legislation ensures that those who produce the waste are also responsible for its safe storage. This approach discourages the transfer of risk to other communities and promotes responsible management of hazardous materials, thereby fostering a culture of accountability among operators.
  • Free Enterprise: HB 4112 supports free enterprise by allowing nuclear power plants and university research reactors to manage their waste without excessive government interference, provided they comply with site-specific storage requirements. This regulation respects the operational autonomy of these entities, allowing them to continue their activities without facing new, burdensome restrictions on waste management. By clarifying exemptions for both past and future reactors, the bill ensures that innovation and research in the nuclear field are not hindered, fostering a business-friendly environment.
  • Private Property Rights: By specifying that radioactive waste must be stored at the site where it is generated, the bill indirectly protects the property rights of Texans by preventing the establishment of new off-site waste storage facilities that could negatively impact property values and community safety. This approach aligns with the principle that private property owners should not be subjected to external environmental risks imposed by facilities located elsewhere.
  • Limited Government: The bill exemplifies limited government by maintaining existing exemptions for on-site storage at nuclear reactors and research facilities without introducing new, broad regulatory powers. It simply clarifies existing regulations rather than expanding the government’s role in radioactive waste management. Additionally, the bill does not grant new rulemaking authority to state agencies, maintaining the current regulatory framework while improving clarity and safety standards.
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