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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB4112

Regular Session

Relating to the disposal or storage of high-level radioactive waste.

Government Affairs & Regulatory Compliance Analysis

HB4112: Government Affairs Overview

HB4112 institutes a statutory ban on Consolidated Interim Storage (CIS) of high-level radioactive waste in Texas by stripping the TCEQ of its authority to issue necessary construction and water permits for off-site storage facilities. This legislation forces commercial nuclear generators to retain all high-level waste at the site of origin indefinitely, effectively cancelling any commercial plans for third-party waste disposal within the state.

Rep. Brooks Landgraf·House Bill·Regular Session

Critical
High Cost
Effective:2025-06-20

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HB4112
Relating to the disposal or storage of high-level radioactive waste.
Critical Urgency
Passed with Opposition
House Vote131 - 1
YEA
99% in favor132 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
1
Total Opposition Votes
Cost Impact
High
Effective
2025-06-20
Enforcing Agencies
TCEQ
Primary Author: Rep. Brooks Landgraf
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
  • Compliance Deadline: June 20, 2025. All pending applications for off-site high-level waste storage facilities are legally void as of this date.
  • Agency Rulemaking: No new rulemaking is required to implement the ban. The TCEQ is statutorily barred from processing applications immediately. Expect immediate denial letters for pending TPDES or construction permits related to CIS facilities.

Immediate Action Plan

  • 1. Freeze Logistics: Halt all plans for transporting high-level waste to any facility in Texas other than the site of generation.
  • 2. Revise Financials: Update Decommissioning Trust Fund calculations to account for the loss of the CIS disposal option.
  • 3. Secure Inventory: Verify that all high-level radioactive waste is currently located within the licensed boundary of the generation facility.
  • 4. Monitor Litigation: Direct outside counsel to monitor federal court dockets for immediate challenges regarding Federal Preemption; be prepared to pivot if an injunction is granted.

Operational Changes Required

Contracts

  • Force Majeure Activation: Legal teams must review Master Service Agreements (MSAs) with logistics providers and storage vendors (e.g., Waste Control Specialists). This legislation constitutes a "Change in Law" that likely triggers termination clauses for off-site transport or storage contracts.
  • Vendor Cancellation: Cancel contingent contracts for rail or heavy-haul transport of high-level waste destined for Texas CIS facilities.

Hiring/Training

  • Shift to Stewardship: Personnel planning must shift from "transport readiness" to "long-term on-site stewardship." Generators require increased staffing for Independent Spent Fuel Storage Installation (ISFSI) security, radiation monitoring, and dry cask aging management.
  • Security Clearances: Ensure security personnel at generation sites maintain valid clearances for an expanded, indefinite storage timeline.

Reporting & Record-Keeping

  • Asset Retirement Obligations (AROs): Finance departments must recalculate AROs. The assumption of off-loading waste to a third party is no longer valid. Liabilities must reflect indefinite on-site management costs.
  • Permit Withdrawal: Developers of CIS facilities must formally withdraw pending permit applications with TCEQ to avoid an "Administrative Denial" entering the permanent compliance record.

Fees & Costs

  • Sunk Costs: Capital expenditures related to the licensing of centralized storage facilities in Texas are now stranded assets.
  • On-Site Storage Costs: Generators must budget for the construction of additional dry cask storage pads and associated security infrastructure at the reactor site.

Strategic Ambiguities & Considerations

  • Federal Preemption Conflict: The Atomic Energy Act generally gives the federal government (NRC) supremacy over nuclear materials. HB4112 attempts to bypass this by using state water/construction permitting authority to block facilities. Business Logic: While litigation is guaranteed, you must operate under the assumption that the Texas ban is valid until a federal court issues an injunction. Do not ignore the state law anticipating a federal overturn.
  • "Site of Origin" Definition: The law does not explicitly address waste transfers between two sites owned by the same operator (e.g., moving waste from Comanche Peak Unit 1 to Unit 2). However, the strict "site of origin" language implies any movement across property lines is prohibited.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 7, 2025
Passed House
May 10, 2025
Passed Senate
May 26, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsEnvironmentEnvironment--hazardous, Toxic & Nuclear Waste
03

House Authors

Rep. Brooks LandgrafRepublican · Primary Author

Senate Sponsor

Sen. Brian BirdwellRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about HB4112

Q

What does Texas HB4112 do?

HB4112 institutes a statutory ban on Consolidated Interim Storage (CIS) of high-level radioactive waste in Texas by stripping the TCEQ of its authority to issue necessary construction and water permits for off-site storage facilities. This legislation forces commercial nuclear generators to retain all high-level waste at the site of origin indefinitely, effectively cancelling any commercial plans for third-party waste disposal within the state.

Q

Who authored HB4112?

HB4112 was authored by Texas Representative Brooks Landgraf during the Regular Session.

Q

When was HB4112 signed into law?

HB4112 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB4112?

HB4112 is enforced by Texas Commission on Environmental Quality (TCEQ).

Q

How significant are the changes in HB4112?

The regulatory priority for HB4112 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB4112?

The cost impact of HB4112 is estimated as "high". This may vary based on industry and implementation requirements.

Q

What topics does HB4112 address?

HB4112 addresses topics including environment and environment--hazardous, toxic & nuclear waste.

Q

What are the key dates for HB4112?

Key dates for HB4112: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026