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