By: Sims S.B. No. 1206
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Texas Low-Level Radioactive Waste Disposal Compact.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle D, Title 5, Health and Safety Code, is
1-4 amended by adding Chapter 403 to read as follows:
1-5 CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
1-6 Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor
1-7 shall appoint three members to represent this state on the
1-8 commission established by Article III of the Texas Low-Level
1-9 Radioactive Waste Disposal Compact. One of the voting members of
1-10 the compact commission shall be a legal resident of Hudspeth
1-11 County, Texas.
1-12 (b) The governor may provide an alternate for each
1-13 commissioner appointed under this section.
1-14 Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. A host
1-15 state commissioner serves for a term of six years and until a
1-16 successor is appointed and qualified. A vacancy in the office of
1-17 commissioner is filled for the unexpired term by appointment of the
1-18 governor.
1-19 Sec. 403.003. OATH. A host state commissioner shall take
1-20 the constitutional oath of office and shall also take an oath to
1-21 faithfully perform the duties of commissioner.
1-22 Sec. 403.004. COMPENSATION. A host state commissioner is
1-23 not entitled to compensation for performing the duties of
1-24 commissioner but is entitled to reimbursement for actual and
2-1 necessary expenses incurred in the performance of the duties of
2-2 commissioner.
2-3 Sec. 403.005. POWERS AND DUTIES. The Texas Low-Level
2-4 Radioactive Waste Disposal Compact Commission and the members of
2-5 the commission have the powers and duties prescribed by the
2-6 compact. The members of the commission are responsible for
2-7 administering the provisions of the compact.
2-8 Sec. 403.006. TEXT OF COMPACT. The Texas Low-Level
2-9 Radioactive Waste Disposal Compact reads as follows:
2-10 ARTICLE I. POLICY AND PURPOSE
2-11 Sec. 1.01. The party states recognize a responsibility for
2-12 each state to seek to manage low-level radioactive waste generated
2-13 within its boundaries, pursuant to the Low-Level Radioactive Waste
2-14 Policy Act, as amended by the Low-Level Radioactive Waste Policy
2-15 Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j). They also
2-16 recognize that the United States Congress, by enacting the Act, has
2-17 authorized and encouraged states to enter into compacts for the
2-18 efficient management and disposal of low-level radioactive waste.
2-19 It is the policy of the party states to cooperate in the protection
2-20 of the health, safety, and welfare of their citizens and the
2-21 environment and to provide for and encourage the economical
2-22 management and disposal of low-level radioactive waste. It is the
2-23 purpose of this compact to provide the framework for such a
2-24 cooperative effort; to promote the health, safety, and welfare of
2-25 the citizens and the environment of the party states; to limit the
2-26 number of facilities needed to effectively, efficiently, and
2-27 economically manage low-level radioactive waste and to encourage
3-1 the reduction of the generation thereof; and to distribute the
3-2 costs, benefits, and obligations among the party states; all in
3-3 accordance with the terms of this compact.
3-4 ARTICLE II. DEFINITIONS
3-5 Sec. 2.01. As used in this compact, unless the context
3-6 clearly indicates otherwise, the following definitions apply:
3-7 (1) "Act" means the Low-Level Radioactive Waste Policy
3-8 Act, as amended by the Low-Level Radioactive Waste Policy
3-9 Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j).
3-10 (2) "Commission" means the Texas Low-Level Radioactive
3-11 Waste Disposal Compact Commission established in Article III of
3-12 this compact.
3-13 (3) "Compact facility" or "facility" means any site,
3-14 location, structure, or property located in and provided by the
3-15 host state for the purpose of management or disposal of low-level
3-16 radioactive waste for which the party states are responsible.
3-17 (4) "Disposal" means the permanent isolation of
3-18 low-level radioactive waste pursuant to requirements established by
3-19 the United States Nuclear Regulatory Commission and the United
3-20 States Environmental Protection Agency under applicable laws, or by
3-21 the host state.
3-22 (5) "Generate," when used in relation to low-level
3-23 radioactive waste, means to produce low-level radioactive waste.
3-24 (6) "Generator" means a person who produces or
3-25 processes low-level radioactive waste in the course of its
3-26 activities, excluding persons who arrange for the collection,
3-27 transportation, management, treatment, storage, or disposal of
4-1 waste generated outside the party states, unless approved by the
4-2 commission.
4-3 (7) "Host county" means a county in the host state in
4-4 which a disposal facility is located or is being developed.
4-5 (8) "Host state" means a party state in which a
4-6 compact facility is located or is being developed. The state of
4-7 Texas is the host state under this compact.
4-8 (9) "Institutional control period" means that period
4-9 of time following closure of the facility and transfer of the
4-10 facility license from the operator to the custodial agency in
4-11 compliance with the appropriate regulations for long-term
4-12 observation and maintenance.
4-13 (10) "Low-level radioactive waste" has the same
4-14 meaning as that term is defined in Section 2(9) of the Act (42
4-15 U.S.C. Section 2021b(9)), or in the host state statute so long as
4-16 the waste is not incompatible with management and disposal at the
4-17 compact facility.
4-18 (11) "Management" means collection, consolidation,
4-19 storage, packaging, or treatment.
4-20 (12) "Operator" means a person who operates a disposal
4-21 facility.
4-22 (13) "Party state" means any state that has become a
4-23 party in accordance with Article VII of this compact. Texas,
4-24 Maine, and Vermont are initial party states under this compact.
4-25 (14) "Person" means an individual, corporation,
4-26 partnership, or other legal entity, whether public or private.
4-27 (15) "Transporter" means a person who transports
5-1 low-level radioactive waste.
5-2 ARTICLE III. THE COMMISSION
5-3 Sec. 3.01. There is hereby established the Texas Low-Level
5-4 Radioactive Waste Disposal Compact Commission. The commission
5-5 shall consist of one voting member from each party state except
5-6 that the host state shall be entitled to three voting members.
5-7 Commission members shall be appointed by the party state governors,
5-8 as provided by the laws of each party state. Each party state may
5-9 provide alternates for each appointed member.
5-10 Sec. 3.02. A quorum of the commission consists of a majority
5-11 of the members. Except as otherwise provided in this compact, an
5-12 official act of the commission must receive the affirmative vote of
5-13 a majority of its members.
5-14 Sec. 3.03. The commission is a legal entity separate and
5-15 distinct from the party states and has governmental immunity to the
5-16 same extent as an entity created under the authority of Article
5-17 XVI, Section 59, of the Texas Constitution. Members of the
5-18 commission shall not be personally liable for actions taken in
5-19 their official capacity. The liabilities of the commission shall
5-20 not be deemed liabilities of the party states.
5-21 Sec. 3.04. The commission shall:
5-22 (1) Compensate its members according to the host
5-23 state's law.
5-24 (2) Conduct its business, hold meetings, and maintain
5-25 public records pursuant to laws of the host state, except that
5-26 notice of public meetings shall be given in the nonhost party
5-27 states in accordance with their respective statutes.
6-1 (3) Be located in the capital city of the host state.
6-2 (4) Meet at least once a year and upon the call of the
6-3 chair, or any member. The governor of the host state shall appoint
6-4 a chair and vice-chair.
6-5 (5) Keep an accurate account of all receipts and
6-6 disbursements. An annual audit of the books of the commission
6-7 shall be conducted by an independent certified public accountant,
6-8 and the audit report shall be made a part of the annual report of
6-9 the commission.
6-10 (6) Approve a budget each year and establish a fiscal
6-11 year that conforms to the fiscal year of the host state.
6-12 (7) Prepare, adopt, and implement contingency plans
6-13 for the disposal and management of low-level radioactive waste in
6-14 the event that the compact facility should be closed. Any plan
6-15 which requires the host state to store or otherwise manage the
6-16 low-level radioactive waste from all the party states must be
6-17 approved by all three host state members of the commission. The
6-18 commission, in a contingency plan or otherwise, may not require a
6-19 nonhost party state to store low-level radioactive waste generated
6-20 outside of the state.
6-21 (8) Submit communications to the governors and to the
6-22 presiding officers of the legislatures of the party states
6-23 regarding the activities of the commission, including an annual
6-24 report to be submitted on or before January 31 of each year.
6-25 (9) Assemble and make available to the party states,
6-26 and to the public, information concerning low-level radioactive
6-27 waste management needs, technologies, and problems.
7-1 (10) Keep a current inventory of all generators within
7-2 the party states, based upon information provided by the party
7-3 states.
7-4 (11) By no later than 180 days after all members of
7-5 the commission are appointed under Section 3.01 of this article,
7-6 establish by rule the total volume of low-level radioactive waste
7-7 that the host state will dispose of in the compact facility in the
7-8 years 1995-2045, including decommissioning waste. The shipments of
7-9 low-level radioactive waste from all nonhost party states shall not
7-10 exceed 20 percent of the volume estimated to be disposed of by the
7-11 host state during the 50-year period. When averaged over such
7-12 50-year period, the total of all shipments from nonhost party
7-13 states shall not exceed 20,000 cubic feet a year. The commission
7-14 shall coordinate the volumes, timing, and frequency of shipments
7-15 from generators in the nonhost party states in order to assure that
7-16 over the life of this agreement shipments from the nonhost party
7-17 states do not exceed 20 percent of the volume projected by the
7-18 commission under this paragraph.
7-19 Sec. 3.05. The commission may:
7-20 (1) Employ staff necessary to carry out its duties and
7-21 functions. The commission is authorized to use to the extent
7-22 practicable the services of existing employees of the party states.
7-23 Compensation shall be as determined by the commission.
7-24 (2) Accept any grants, equipment, supplies, materials,
7-25 or services, conditional or otherwise, from the federal or state
7-26 government. The nature, amount, and condition, if any, of any
7-27 donation, grant, or other resources accepted pursuant to this
8-1 paragraph and the identity of the donor or grantor shall be
8-2 detailed in the annual report of the commission.
8-3 (3) Enter into contracts to carry out its duties and
8-4 authority, subject to projected resources. No contract made by the
8-5 commission shall bind a party state.
8-6 (4) Adopt, by a majority vote, bylaws and rules
8-7 necessary to carry out the terms of this compact. Any rules
8-8 promulgated by the commission shall be adopted in accordance with
8-9 the Administrative Procedure and Texas Register Act (Article
8-10 6252-13a, Vernon's Texas Civil Statutes).
8-11 (5) Sue and be sued and, when authorized by a majority
8-12 vote of the members, seek to intervene in administrative or
8-13 judicial proceedings related to this compact.
8-14 (6) Enter into an agreement with any person, state,
8-15 regional body, or group of states for the importation of low-level
8-16 radioactive waste into the compact for management or disposal,
8-17 provided that the agreement receives a majority vote of the
8-18 commission. The commission may adopt such conditions and
8-19 restrictions in the agreement as it deems advisable.
8-20 (7) Upon petition, allow an individual generator, a
8-21 group of generators, or the host state of the compact to export
8-22 low-level radioactive waste to a low-level radioactive waste
8-23 disposal facility located outside the party states. The commission
8-24 may approve the petition only by a majority vote of its members.
8-25 The permission to export low-level radioactive waste shall be
8-26 effective for that period of time and for the specified amount of
8-27 low-level radioactive waste, and subject to any other term or
9-1 condition, as is determined by the commission.
9-2 (8) Monitor the exportation outside of the party
9-3 states of material, which otherwise meets the criteria of low-level
9-4 radioactive waste, where the sole purpose of the exportation is to
9-5 manage or process the material for recycling or waste reduction and
9-6 return it to the party states for disposal in the compact facility.
9-7 Sec. 3.06. Jurisdiction and venue of any action contesting
9-8 any action of the commission shall be in the United States District
9-9 Court in the district where the commission maintains its office.
9-10 Article IV. Rights, Responsibilities, and Obligations
9-11 of Party States
9-12 Sec. 4.01. The host state shall develop and have full
9-13 administrative control over the development, management, and
9-14 operation of a facility for the disposal of low-level radioactive
9-15 waste generated within the party states. The host state shall be
9-16 entitled to unlimited use of the facility over its operating life.
9-17 Use of the facility by the nonhost party states for disposal of
9-18 low-level radioactive waste, including such waste resulting from
9-19 decommissioning of any nuclear electric generation facilities
9-20 located in the party states, is limited to the volume requirements
9-21 of Section 3.04(11) of Article III.
9-22 Sec. 4.02. Low-level radioactive waste generated within the
9-23 party states shall be disposed of only at the compact facility,
9-24 except as provided in Section 3.05(7) of Article III.
9-25 Sec. 4.03. The initial states of this compact cannot be
9-26 members of another low-level radioactive waste compact entered into
9-27 pursuant to the Act.
10-1 Sec. 4.04. The host state shall do the following:
10-2 (1) Cause a facility to be developed in a timely
10-3 manner and operated and maintained through the institutional
10-4 control period.
10-5 (2) Ensure, consistent with any applicable federal and
10-6 host state laws, the protection and preservation of the environment
10-7 and the public health and safety in the siting, design,
10-8 development, licensing, regulation, operation, closure,
10-9 decommissioning, and long-term care of the disposal facilities
10-10 within the host state.
10-11 (3) Close the facility when reasonably necessary to
10-12 protect the public health and safety of its citizens or to protect
10-13 its natural resources from harm. However, the host state shall
10-14 notify the commission of the closure within three days of its
10-15 action and shall, within 30 working days of its action, provide a
10-16 written explanation to the commission of the closure, and implement
10-17 any adopted contingency plan.
10-18 (4) Establish reasonable fees for disposal at the
10-19 facility of low-level radioactive waste generated in the party
10-20 states based on disposal fee criteria set out in Sections 402.272
10-21 and 402.273, Texas Health and Safety Code. The same fees shall be
10-22 charged for the disposal of low-level radioactive waste that was
10-23 generated in the host state and in the nonhost party states. Fees
10-24 shall also be sufficient to reasonably support the activities of
10-25 the commission.
10-26 (5) Submit an annual report to the commission on the
10-27 status of the facility, including projections of the facility's
11-1 anticipated future capacity, and on the related funds.
11-2 (6) Notify the commission immediately upon the
11-3 occurrence of any event that could cause a possible temporary or
11-4 permanent closure of the facility and identify all reasonable
11-5 options for the disposal of low-level radioactive waste at
11-6 alternate compact facilities or, by arrangement and commission
11-7 vote, at noncompact facilities.
11-8 (7) Promptly notify the other party states of any
11-9 legal action involving the facility.
11-10 (8) Identify and regulate, in accordance with federal
11-11 and host state law, the means and routes of transportation of
11-12 low-level radioactive waste in the host state.
11-13 Sec. 4.05. Each party state shall do the following:
11-14 (1) Develop and enforce procedures requiring low-level
11-15 radioactive waste shipments originating within its borders and
11-16 destined for the facility to conform to packaging, processing, and
11-17 waste form specifications of the host state.
11-18 (2) Maintain a registry of all generators within the
11-19 state that may have low-level radioactive waste to be disposed of
11-20 at the facility, including but not limited to the amount of
11-21 low-level radioactive waste and the class of low-level radioactive
11-22 waste generated by each generator.
11-23 (3) Develop and enforce procedures requiring
11-24 generators within its borders to minimize the volume of low-level
11-25 radioactive waste requiring disposal. Nothing in this compact
11-26 shall prohibit the storage, treatment, or management of waste by a
11-27 generator.
12-1 (4) Provide the commission with any data and
12-2 information necessary for the implementation of the commission's
12-3 responsibilities, including taking those actions necessary to
12-4 obtain this data or information.
12-5 (5) Pay for community assistance projects designated
12-6 by the host county in an amount for each nonhost party state equal
12-7 to 10 percent of the payment provided for in Article V for each
12-8 such state. One-half of the payment shall be due and payable to
12-9 the host county on the first day of the month following
12-10 ratification of this compact agreement by congress and one-half of
12-11 the payment shall be due and payable on the first day of the month
12-12 following the approval of a facility operating license by the host
12-13 state's regulatory body.
12-14 (6) Provide financial support for the commission's
12-15 activities prior to the date of facility operation and subsequent
12-16 to the date of congressional ratification of this compact under
12-17 Section 7.07 of Article VII. Each party state will be responsible
12-18 for annual payments equaling its pro-rata share of the commission's
12-19 expenses, incurred for administrative, legal, and other purposes of
12-20 the commission.
12-21 (7) If agreed by all parties to a dispute, submit the
12-22 dispute to arbitration or other alternate dispute resolution
12-23 process. If arbitration is agreed upon, the governor of each party
12-24 state shall appoint an arbitrator. If the number of party states
12-25 is an even number, the arbitrators so chosen shall appoint an
12-26 additional arbitrator. The determination of a majority of the
12-27 arbitrators shall be binding on the party states. Arbitration
13-1 proceedings shall be conducted in accordance with the provisions of
13-2 9 U.S.C. Sections 1 through 16. If all parties to a dispute do not
13-3 agree to arbitration or alternate dispute resolution process, the
13-4 United States District Court in the district where the commission
13-5 maintains its office shall have original jurisdiction over any
13-6 action between or among parties to this compact.
13-7 (8) Provide on a regular basis to the commission and
13-8 host state:
13-9 (A) an accounting of waste shipped and proposed
13-10 to be shipped to the compact facility, by volume and curies;
13-11 (B) proposed transportation methods and routes;
13-12 and
13-13 (C) proposed shipment schedules.
13-14 (9) Seek to join in any legal action by or against the
13-15 host state to prevent nonparty states or generators from disposing
13-16 of low-level radioactive waste at the facility.
13-17 Sec. 4.06. Each party state shall act in good faith and may
13-18 rely on the good faith performance of the other party states
13-19 regarding requirements of this compact.
13-20 Article V. Party State Contributions
13-21 Sec. 5.01. Each party state, except the host state, shall
13-22 contribute a total of $25 million to the host state. Payments
13-23 shall be deposited in the host state treasury to the credit of the
13-24 low-level waste fund in the following manner except as otherwise
13-25 provided. Not later than the 60th day after the date of
13-26 congressional ratification of this compact, each nonhost party
13-27 state shall pay to the host state $12.5 million. Not later than
14-1 the 60th day after the date of the opening of the compact facility,
14-2 each nonhost party state shall pay to the host state an additional
14-3 $12.5 million.
14-4 Sec. 5.02. As an alternative, the host state and the nonhost
14-5 states may provide for payments in the same total amount as stated
14-6 above to be made to meet the principal and interest expense
14-7 associated with the bond indebtedness or other form of indebtedness
14-8 issued by the appropriate agency of the host state for purposes
14-9 associated with the development, operation, and post-closure
14-10 monitoring of the compact facility. In the event the member states
14-11 proceed in this manner, the payment schedule shall be determined in
14-12 accordance with the schedule of debt repayment. This schedule
14-13 shall replace the payment schedule described in Section 5.01 of
14-14 this article.
14-15 ARTICLE VI. PROHIBITED ACTS AND PENALTIES
14-16 Sec. 6.01. No person shall dispose of low-level radioactive
14-17 waste generated within the party states unless the disposal is at
14-18 the compact facility, except as otherwise provided in Section
14-19 3.05(7) of Article III.
14-20 Sec. 6.02. No person shall manage or dispose of any
14-21 low-level radioactive waste within the party states unless the
14-22 low-level radioactive waste was generated within the party states,
14-23 except as provided in Section 3.05(6) of Article III. Nothing
14-24 herein shall be construed to prohibit the storage or management of
14-25 low-level radioactive waste by a generator, nor its disposal
14-26 pursuant to 10 C.F.R. Section 20.302.
14-27 Sec. 6.03. Violations of this article may result in
15-1 prohibiting the violator from disposing of low-level radioactive
15-2 waste in the compact facility, or in the imposition of penalty
15-3 surcharges on shipments to the facility, as determined by the
15-4 commission.
15-5 ARTICLE VII. ELIGIBILITY; ENTRY INTO EFFECT;
15-6 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION
15-7 Sec. 7.01. The states of Texas, Maine, and Vermont are party
15-8 states to this compact. Any other state may be made eligible for
15-9 party status by a majority vote of the commission and ratification
15-10 by the legislature of the host state, subject to fulfillment of the
15-11 rights of the initial nonhost party states under Section 3.04(11)
15-12 of Article III and Section 4.01 of Article IV, and upon compliance
15-13 with those terms and conditions for eligibility that the host state
15-14 may establish. The host state may establish all terms and
15-15 conditions for the entry of any state, other than the states named
15-16 in this section, as a member of this compact; provided, however,
15-17 the specific provisions of this compact, except for those
15-18 pertaining to the composition of the commission and those
15-19 pertaining to Section 7.09 of this article, may not be changed
15-20 except upon ratification by the legislatures of the party states.
15-21 Sec. 7.02. Upon compliance with the other provisions of this
15-22 compact, a state made eligible under Section 7.01 of this article
15-23 may become a party state by legislative enactment of this compact
15-24 or by executive order of the governor of the state adopting this
15-25 compact. A state becoming a party state by executive order shall
15-26 cease to be a party state upon adjournment of the first general
15-27 session of its legislature convened after the executive order is
16-1 issued, unless before the adjournment, the legislature enacts this
16-2 compact.
16-3 Sec. 7.03. Any party state may withdraw from this compact by
16-4 repealing enactment of this compact subject to the provisions
16-5 herein. In the event the host state allows an additional state or
16-6 additional states to join the compact, the host state's
16-7 legislature, without the consent of the nonhost party states, shall
16-8 have the right to modify the composition of the commission so that
16-9 the host state shall have a voting majority on the commission;
16-10 provided, however, that any modification maintains the right of
16-11 each initial party state to retain one voting member on the
16-12 commission.
16-13 Sec. 7.04. If the host state withdraws from the compact, the
16-14 withdrawal shall not become effective until five years after
16-15 enactment of the repealing legislation and the nonhost party states
16-16 may continue to use the facility during that time. The financial
16-17 obligation of the nonhost party states under Article V shall cease
16-18 immediately upon enactment of the repealing legislation. If the
16-19 host state withdraws from the compact or abandons plans to operate
16-20 a facility prior to the date of any nonhost party state payment
16-21 under Sections 4.05(5) and (6), of Article IV or Article V, the
16-22 nonhost party states are relieved of any obligations to make the
16-23 contributions. This section sets out the exclusive remedies for
16-24 the nonhost party states if the host state withdraws from the
16-25 compact or is unable to develop and operate a compact facility.
16-26 Sec. 7.05. A party state, other than the host state, may
16-27 withdraw from the compact by repealing the enactment of this
17-1 compact, but this withdrawal shall not become effective until two
17-2 years after the effective date of the repealing legislation.
17-3 During this two-year period the party state will continue to have
17-4 access to the facility. The withdrawing party shall remain liable
17-5 for any payments under Sections 4.05(5) and (6) of Article IV that
17-6 were due during the two-year period and shall not be entitled to
17-7 any refund of payments previously made.
17-8 Sec. 7.06. Any party state that substantially fails to
17-9 comply with the terms of the compact or to fulfill its obligations
17-10 hereunder may have its membership in the compact revoked by a
17-11 four-fifths vote of the commission following notice that a hearing
17-12 will be scheduled not less than six months from the date of the
17-13 notice. In all other respects, revocation proceedings undertaken
17-14 by the commission will be subject to the Administrative Procedure
17-15 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
17-16 Statutes), except that a party state may appeal the commission's
17-17 revocation decision to the United States District Court in
17-18 accordance with Section 3.06 of Article III. Revocation shall take
17-19 effect one year from the date such party state receives written
17-20 notice from the commission of a final action. Written notice of
17-21 revocation shall be transmitted immediately following the vote of
17-22 the commission, by the chair, to the governor of the affected party
17-23 state, all other governors of party states, and to the United
17-24 States Congress.
17-25 Sec. 7.07. This compact shall take effect following its
17-26 enactment under the laws of the host state and any other party
17-27 state and thereafter upon the consent of the United States Congress
18-1 and shall remain in effect until otherwise provided by federal law.
18-2 If Texas and either Maine or Vermont ratify this compact, the
18-3 compact shall be in full force and effect as to Texas and the other
18-4 ratifying state, and this compact shall be interpreted as follows:
18-5 (1) Texas and the other ratifying state are the
18-6 initial party states.
18-7 (2) The commission shall consist of two voting members
18-8 from the other ratifying state and three from Texas.
18-9 (3) Each party state is responsible for its pro-rata
18-10 share of the commission's expenses.
18-11 Sec. 7.08. This compact is subject to review by the United
18-12 States Congress and the withdrawal of the consent of congress every
18-13 five years after its effective date, pursuant to federal law.
18-14 Sec. 7.09. The host state legislature, with the approval of
18-15 the governor, shall have the right and authority, without the
18-16 consent of the nonhost party states, to modify the provisions
18-17 contained in Section 3.04(11) of Article III to comply with Section
18-18 402.219(c)(1), Texas Health and Safety Code, as long as the
18-19 modification does not impair the rights of the initial nonhost
18-20 party states.
18-21 ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
18-22 Sec. 8.01. The provisions of this compact shall be broadly
18-23 construed to carry out the purposes of the compact, but the
18-24 sovereign powers of a party shall not be infringed upon
18-25 unnecessarily.
18-26 Sec. 8.02. This compact does not affect any judicial
18-27 proceeding pending on the effective date of this compact.
19-1 Sec. 8.03. No party state acquires any liability, by joining
19-2 this compact, resulting from the siting, operation, maintenance,
19-3 long-term care, or any other activity relating to the compact
19-4 facility. No nonhost party state shall be liable for any harm or
19-5 damage from the siting, operation, maintenance, or long-term care
19-6 relating to the compact facility. Except as otherwise expressly
19-7 provided in this compact, nothing in this compact shall be
19-8 construed to alter the incidence of liability of any kind for any
19-9 act or failure to act. Generators, transporters, owners, and
19-10 operators of the facility shall be liable for their acts,
19-11 omissions, conduct, or relationships in accordance with applicable
19-12 law. By entering into this compact and securing the ratification
19-13 by congress of its terms, no party state acquires a potential
19-14 liability under Section 5(d)(2)(C) of the Act (42 U.S.C. Section
19-15 2021e(d)(2)(C)) that did not exist prior to entering into this
19-16 compact.
19-17 Sec. 8.04. If a party state withdraws from the compact
19-18 pursuant to Section 7.03 of Article VII or has its membership in
19-19 this compact revoked pursuant to Section 7.06 of Article VII, the
19-20 withdrawal or revocation shall not affect any liability already
19-21 incurred by or chargeable to the affected state under Section 8.03
19-22 of this article.
19-23 Sec. 8.05. The provisions of this compact shall be severable
19-24 and if any phrase, clause, sentence, or provision of this compact
19-25 is declared by a court of competent jurisdiction to be contrary to
19-26 the constitution of any participating state or of the United States
19-27 or the applicability thereof to any government, agency, person, or
20-1 circumstances is held invalid, the validity of the remainder of
20-2 this compact and the applicability thereof to any government,
20-3 agency, person, or circumstance shall not be affected thereby to
20-4 the extent the remainder can in all fairness be given effect. If
20-5 any provision of this compact shall be held contrary to the
20-6 constitution of any state participating therein, the compact shall
20-7 remain in full force and effect as to the state affected as to all
20-8 severable matters.
20-9 Sec. 8.06. Nothing in this compact diminishes or otherwise
20-10 impairs the jurisdiction, authority, or discretion of either of the
20-11 following:
20-12 (1) the United States Nuclear Regulatory Commission
20-13 pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C.
20-14 Section 2011 et seq.); or
20-15 (2) an agreement state under Section 274 of the Atomic
20-16 Energy Act of 1954, as amended (42 U.S.C. Section 2021).
20-17 Sec. 8.07. Nothing in this compact confers any new authority
20-18 on the states or commission to do any of the following:
20-19 (1) Regulate the packaging or transportation of
20-20 low-level radioactive waste in a manner inconsistent with the
20-21 regulations of the United States Nuclear Regulatory Commission or
20-22 the United States Department of Transportation.
20-23 (2) Regulate health, safety, or environmental hazards
20-24 from source, by-product, or special nuclear material.
20-25 (3) Inspect the activities of licensees of the
20-26 agreement states of the United States Nuclear Regulatory
20-27 Commission.
21-1 SECTION 2. The governor shall make the initial appointments
21-2 required by Section 403.001, Health and Safety Code, as added by
21-3 this Act, by appointing one commissioner to serve a six-year term,
21-4 one commissioner to serve a four-year term, and one commissioner to
21-5 serve a two-year term.
21-6 SECTION 3. The importance of this legislation and the
21-7 crowded condition of the calendars in both houses create an
21-8 emergency and an imperative public necessity that the
21-9 constitutional rule requiring bills to be read on three several
21-10 days in each house be suspended, and this rule is hereby suspended,
21-11 and that this Act take effect and be in force from and after its
21-12 passage, and it is so enacted.