By: Sims S.B. No. 1206
73R4025 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Low-Level Radioactive Waste Disposal Compact.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle D, Title 5, Health and Safety Code, is
1-5 amended by adding Chapter 403 to read as follows:
1-6 CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
1-7 Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor
1-8 shall appoint three members to represent this state on the
1-9 commission established by Article III of the Texas Low-Level
1-10 Radioactive Waste Disposal Compact.
1-11 (b) One commissioner appointed under this section must
1-12 reside in the host county.
1-13 (c) The governor may provide an alternate for each
1-14 commissioner appointed under this section.
1-15 Sec. 403.002. APPLICATION OF SUNSET ACT. The office of
1-16 Texas Low-Level Radioactive Waste Disposal Compact commissioners is
1-17 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
1-18 continued in existence as provided by that chapter, the office is
1-19 abolished and this chapter expires September 1, 2005.
1-20 Sec. 403.003. TERMS OF COMMISSION MEMBERS; VACANCY. A
1-21 commissioner serves for a term of six years and until a successor
1-22 is appointed and qualified. A vacancy in the office of
1-23 commissioner is filled for the unexpired term by appointment of the
1-24 governor.
2-1 Sec. 403.004. OATH. A commissioner shall take the
2-2 constitutional oath of office and shall also take an oath to
2-3 faithfully perform the duties of commissioner.
2-4 Sec. 403.005. COMPENSATION. A commissioner is not entitled
2-5 to compensation for performing the duties of commissioner but is
2-6 entitled to reimbursement for actual and necessary expenses
2-7 incurred in the performance of the duties of commissioner.
2-8 Sec. 403.006. POWERS AND DUTIES. The Texas Low-Level
2-9 Radioactive Waste Commission and the members of the commission have
2-10 the powers and duties prescribed by the compact. The members of
2-11 the commission are responsible for administering the provisions of
2-12 the compact.
2-13 Sec. 403.007. TEXT OF COMPACT. The Texas Low-Level
2-14 Radioactive Waste Disposal Compact reads as follows:
2-15 ARTICLE I. POLICY AND PURPOSE
2-16 Sec. 1.01. The party states recognize a responsibility for
2-17 each state to seek to manage low-level radioactive waste generated
2-18 within its boundaries, pursuant to the Low-Level Radioactive Waste
2-19 Policy Act, as amended by the Low-Level Radioactive Waste Policy
2-20 Amendments Act of 1985 (42 U.S.C. Secs. 2021b-2021j). They also
2-21 recognize that the United States Congress, by enacting the Act, has
2-22 authorized and encouraged states to enter into compacts for the
2-23 efficient management and disposal of low-level radioactive waste.
2-24 It is the policy of the party states to cooperate in the protection
2-25 of the health, safety, and welfare of their citizens and the
2-26 environment and to provide for and encourage the economical
2-27 management and disposal of low-level radioactive waste. It is the
3-1 purpose of this compact to provide the framework for such a
3-2 cooperative effort; to promote the health, safety, and welfare of
3-3 the citizens and the environment of the party states; to limit the
3-4 number of facilities needed to effectively, efficiently, and
3-5 economically manage low-level radioactive waste and to encourage
3-6 the reduction of the generation thereof; and to distribute the
3-7 costs, benefits, and obligations among the party states; all in
3-8 accordance with the terms of this compact.
3-9 ARTICLE II. DEFINITIONS
3-10 Sec. 2.01. As used in this compact, unless the context
3-11 clearly indicates otherwise, the following definitions apply:
3-12 (1) "Act" means the Low-Level Radioactive Waste Policy
3-13 Act, as amended by the Low-Level Radioactive Waste Policy
3-14 Amendments Act of 1985 (42 U.S.C. Secs. 2021b-2021j).
3-15 (2) "Commission" means the Texas Low-Level Radioactive
3-16 Waste Commission established in Article III of this compact.
3-17 (3) "Compact facility" or "facility" means any site,
3-18 location, structure, or property located in and provided by the
3-19 host state for the purpose of management or disposal of low-level
3-20 radioactive waste for which the party states are responsible.
3-21 (4) "Disposal" means the permanent isolation of
3-22 low-level radioactive waste pursuant to requirements established by
3-23 the United States Nuclear Regulatory Commission and the United
3-24 States Environmental Protection Agency under applicable laws, or by
3-25 the host state.
3-26 (5) "Generate," when used in relation to low-level
3-27 radioactive waste, means to produce low-level radioactive waste.
4-1 (6) "Generator" means a person who produces or
4-2 processes low-level radioactive waste in the course of its
4-3 activities, excluding persons who arrange for the collection,
4-4 transportation, management, treatment, storage, or disposal of
4-5 waste generated outside the party states, unless approved by the
4-6 commission.
4-7 (7) "Host county" means a county in the host state in
4-8 which a disposal facility is located or is being developed.
4-9 (8) "Host state" means a party state in which a
4-10 compact facility is located or is being developed. The state of
4-11 Texas is the host state under this compact.
4-12 (9) "Institutional control period" means that period
4-13 of time following closure of the facility and transfer of the
4-14 facility license from the operator to the custodial agency in
4-15 compliance with the appropriate regulations for long-term
4-16 observation and maintenance.
4-17 (10) "Low-level radioactive waste" has the same
4-18 meaning as that term is defined in Section 2(9)(A) of the Act (42
4-19 U.S.C. Sec. 2021b(9)(A)), or in any party state statute so long as
4-20 the waste is not incompatible with management and disposal at the
4-21 compact facility.
4-22 (11) "Management" means collection, consolidation,
4-23 storage, packaging, or treatment.
4-24 (12) "Operator" means a person who operates a disposal
4-25 facility.
4-26 (13) "Party state" means any state that has become a
4-27 party in accordance with Article VII of this compact. Texas,
5-1 Maine, and Vermont are initial party states under this compact.
5-2 (14) "Person" means an individual, corporation,
5-3 partnership, or other legal entity, whether public or private.
5-4 (15) "Transporter" means a person who transports
5-5 low-level radioactive waste.
5-6 ARTICLE III. THE COMMISSION
5-7 Sec. 3.01. There is hereby established the Texas Low-Level
5-8 Radioactive Waste Commission. The commission shall consist of one
5-9 voting member from each party state except that the host state
5-10 shall be entitled to three voting members. Commission members
5-11 shall be appointed by the party state governors, confirmed as
5-12 provided by the laws of each party state, and shall serve at the
5-13 pleasure of the governor of each party state. One of the members
5-14 appointed from the host state shall reside in the host county.
5-15 Each party state may provide alternates for each appointed member.
5-16 Sec. 3.02. A quorum of the commission consists of a majority
5-17 of the members. Except as otherwise provided in this compact, an
5-18 official act of the commission must receive the affirmative vote of
5-19 a majority of its members.
5-20 Sec. 3.03. The commission is a legal entity separate and
5-21 distinct from the party states and shall be so liable for its
5-22 actions. Members of the commission shall not be personally liable
5-23 for actions taken in their official capacity. The liabilities of
5-24 the commission shall not be deemed liabilities of the party states.
5-25 Sec. 3.04. The commission shall:
5-26 (1) Compensate its members according to the appointing
5-27 state's law.
6-1 (2) Conduct its business, hold meetings, and maintain
6-2 public records pursuant to laws of the host state, except that
6-3 notice of public meetings shall be given in the non-host party
6-4 states in accordance with their respective statutes.
6-5 (3) Be located in the capital city of the host state.
6-6 (4) Meet at least once a year and upon the call of the
6-7 chair, or any member. The commission shall elect a chair and
6-8 vice-chair at its first meeting by majority vote of the members.
6-9 (5) Keep an accurate account of all receipts and
6-10 disbursements. An annual audit of the books of the commission
6-11 shall be conducted by an independent certified public accountant,
6-12 and the audit report shall be made a part of the annual report of
6-13 the commission.
6-14 (6) Approve a budget each year and establish a fiscal
6-15 year that conforms to the fiscal year of the host state.
6-16 (7) Prepare, adopt, and implement contingency plans
6-17 for the disposal and management of low-level radioactive waste in
6-18 the event that the compact facility should be closed. Any plan
6-19 which requires the host state to store or otherwise manage the
6-20 low-level radioactive waste from all the party states must be
6-21 approved by all three host state members of the commission. The
6-22 commission, in a contingency plan or otherwise, may not require a
6-23 non-host party state to store low-level radioactive waste generated
6-24 outside of the state.
6-25 (8) Submit communications to the governors and to the
6-26 presiding officers of the legislatures of the party states
6-27 regarding the activities of the commission, including an annual
7-1 report to be submitted on or before January 31 of each year.
7-2 (9) Assemble and make available to the party states,
7-3 and to the public, information concerning low-level radioactive
7-4 waste management needs, technologies, and problems.
7-5 (10) Keep a current inventory of all generators within
7-6 the party states, based upon information provided by the party
7-7 states.
7-8 (11) By no later than 180 days after all members of
7-9 the commission are appointed under Article III, Section 3.01,
7-10 establish by rule the total volume of low-level radioactive waste
7-11 that the host state will produce in the years 1995-2045, including
7-12 decommissioning waste. Total shipments of low-level radioactive
7-13 waste from the non-host party states shall not exceed 20 percent of
7-14 the volume estimated to be produced by the host state during the
7-15 50-year period. The commission shall coordinate the volumes,
7-16 timing, and frequency of shipments from generators in the non-host
7-17 party states in order to assure that over the life of this
7-18 agreement, and consistent with the requirements of generators in
7-19 the party states for timely and adequate disposal, shipments from
7-20 the non-host party states do not exceed 20 percent of the volume
7-21 projected by the commission under this paragraph.
7-22 Sec. 3.05. The commission may:
7-23 (1) Employ staff necessary to carry out its duties and
7-24 functions. The commission is authorized to use to the extent
7-25 practicable the services of existing employees of the party states.
7-26 Compensation shall be as determined by the commission.
7-27 (2) Accept any grants, equipment, supplies, materials,
8-1 or services, conditional or otherwise, from the federal or state
8-2 government. The nature, amount, and condition, if any, of any
8-3 donation, grant or other resources accepted pursuant to this
8-4 paragraph and the identity of the donor or grantor shall be
8-5 detailed in the annual report of the commission.
8-6 (3) Enter into contracts to carry out its duties and
8-7 authority, subject to projected resources. No contract made by the
8-8 commission shall bind a party state.
8-9 (4) Adopt, by a four-fifths majority vote, bylaws and
8-10 rules necessary to carry out the terms of this compact. Any rules
8-11 promulgated by the commission shall be adopted in accordance with
8-12 the Administrative Procedure and Texas Register Act (Article
8-13 6252-13a, Vernon's Texas Civil Statutes).
8-14 (5) Sue and be sued and, when authorized by a majority
8-15 vote of the members, seek to intervene in administrative or
8-16 judicial proceedings related to this compact.
8-17 (6) Enter into an agreement with any person, state,
8-18 regional body, or group of states for the importation of low-level
8-19 radioactive waste into the compact for management or disposal,
8-20 provided that the agreement receives a four-fifths vote of the
8-21 commission, including an affirmative vote of every host state
8-22 member. The commission may adopt such conditions and restrictions
8-23 in the agreement as it deems advisable.
8-24 (7) Upon petition, allow an individual generator, a
8-25 group of generators, or the host state of the compact, to export
8-26 low-level radioactive waste to a low-level radioactive waste
8-27 disposal facility located outside the party states. The commission
9-1 may approve the petition only by a four-fifths vote of its members.
9-2 The permission to export low-level radioactive waste shall be
9-3 effective for that period of time and for the specified amount of
9-4 low-level radioactive waste, and subject to any other term or
9-5 condition, as is determined by the commission.
9-6 (8) Monitor the exportation outside of the party
9-7 states of material, which otherwise meets the criteria of low-level
9-8 radioactive waste, where the sole purpose of the exportation is to
9-9 manage or process the material for recycling or waste reduction and
9-10 return it to the party states for disposal in the compact facility.
9-11 Sec. 3.06. Any person, including a party state, who is
9-12 aggrieved by a final decision of the commission may obtain judicial
9-13 review of such decision in the United States District Court in the
9-14 district where the commission maintains its office, by filing in
9-15 that court a petition for review within six months after the
9-16 commission's decision is final and appealable.
9-17 Article IV. Rights, Responsibilities, and Obligations
9-18 of Party States
9-19 Sec. 4.01. The host state shall develop and have full
9-20 administrative control over the development, management, and
9-21 operation of a facility for the disposal of low-level radioactive
9-22 waste generated within the party states. The host state shall be
9-23 entitled to unlimited use of the facility over its operating life.
9-24 Use of the facility by the non-host party states for disposal of
9-25 low-level radioactive waste, including such waste resulting from
9-26 decommissioning of any nuclear electric generation facilities
9-27 located in the party states, is limited to the volume requirements
10-1 of Section 3.04(11) of Article III.
10-2 Sec. 4.02. Low-level radioactive waste generated within the
10-3 party states shall be disposed of only at the compact facility,
10-4 except as provided in Section 3.05(7) of Article III.
10-5 Sec. 4.03. The party states of this compact cannot be
10-6 members of another low-level radioactive waste compact entered into
10-7 pursuant to the Act.
10-8 Sec. 4.04. The host state shall do the following:
10-9 (1) Cause a facility to be developed in a timely
10-10 manner and operated and maintained through the institutional
10-11 control period.
10-12 (2) Ensure, consistent with any applicable federal and
10-13 host state laws, the protection and preservation of the environment
10-14 and the public health and safety in the siting, design,
10-15 development, licensing, regulation, operation, closure,
10-16 decommissioning, and long-term care of the disposal facilities
10-17 within the host state.
10-18 (3) Close the facility when necessary to protect the
10-19 public health and safety of its citizens or to protect its natural
10-20 resources from irreparable harm. However, the host state shall
10-21 notify the commission of the closure within three days of its
10-22 action and shall, within 30 working days of its action, provide a
10-23 written explanation to the commission of the closure, and implement
10-24 any adopted contingency plan.
10-25 (4) Establish reasonable fees for disposal at the
10-26 facility of low-level radioactive waste generated in the party
10-27 states based on disposal fee criteria set out in Sections 402.272
11-1 and 402.273, Texas Health and Safety Code. The same fees shall be
11-2 charged for the disposal of low-level radioactive waste that was
11-3 generated in the host state and in the non-host party states. Fees
11-4 shall also be sufficient to reasonably support the activities of
11-5 the commission.
11-6 (5) Submit an annual report to the commission on the
11-7 status of the facility, including projections of the facility's
11-8 anticipated future capacity, and on the related funds.
11-9 (6) Notify the commission immediately upon the
11-10 occurrence of any event that could cause a possible temporary or
11-11 permanent closure of the facility and identify all reasonable
11-12 options for the disposal of low-level radioactive waste at
11-13 alternate compact facilities or, by arrangement and commission
11-14 vote, at noncompact facilities.
11-15 (7) Promptly notify the other party states of any
11-16 legal action involving the facility.
11-17 (8) Identify and regulate, in accordance with federal
11-18 and host state law, the means and routes of transportation of
11-19 low-level radioactive waste in the host state.
11-20 Sec. 4.05. Each party state shall do the following:
11-21 (1) Develop and enforce procedures requiring low-level
11-22 radioactive waste shipments originating within its borders and
11-23 destined for the facility to conform to packaging, processing, and
11-24 waste form specifications of the host state.
11-25 (2) Maintain a registry of all generators within the
11-26 state that may have low-level radioactive waste to be disposed of
11-27 at the facility, including, but not limited to, the amount of
12-1 low-level radioactive waste and the class of low-level radioactive
12-2 waste generated by each generator.
12-3 (3) Develop and enforce procedures requiring
12-4 generators within its borders to minimize the volume of low-level
12-5 radioactive waste requiring disposal. Nothing in this compact
12-6 shall prohibit the storage, treatment, or management of waste by a
12-7 generator.
12-8 (4) Provide the commission with any data and
12-9 information necessary for the implementation of the commission's
12-10 responsibilities, including taking those actions necessary to
12-11 obtain this data or information.
12-12 (5) Pay for community assistance projects designated
12-13 by the host county in an amount for each non-host party state equal
12-14 to 10 percent of the payment provided for in Article V for each
12-15 such state. One-half of the payment shall be due and payable to
12-16 the host county on the first day of the month following
12-17 ratification of this compact agreement by Congress and one-half of
12-18 the payment shall be due and payable on the first day of the month
12-19 following the approval of a facility operating license by the host
12-20 state's regulatory body.
12-21 (6) Provide financial support for the commission's
12-22 activities prior to the date of facility operation and subsequent
12-23 to the date of congressional ratification of this compact under
12-24 Section 7.07 of Article VII. Each party state will be responsible
12-25 for annual payments equaling one-third of the commission's
12-26 expenses, incurred for administrative, legal, and other purposes
12-27 other than the development, operation, and postclosure monitoring
13-1 costs payable under Section 5.01 of Article V.
13-2 (7) If agreed by all parties to a dispute, submit the
13-3 dispute to arbitration. The governor of each party state shall
13-4 appoint an arbitrator. If the number of party states is an even
13-5 number, the arbitrators so chosen shall appoint an additional
13-6 arbitrator. The determination of a majority of the arbitrators
13-7 shall be binding on the party states. Arbitration proceedings
13-8 shall be conducted in accordance with the provisions of 9 U.S.C.
13-9 Sections 1-16.
13-10 (8) Provide on a regular basis to the commission and
13-11 host state:
13-12 (A) an accounting of waste shipped and proposed
13-13 to be shipped to the compact facility, by volume and curies;
13-14 (B) proposed transportation methods and routes;
13-15 and
13-16 (C) proposed shipment schedules.
13-17 (9) Seek to join in any legal action by or against the
13-18 host state to prevent nonparty states or generators from disposing
13-19 of low-level radioactive waste at the facility.
13-20 Sec. 4.06. Each party state shall act in good faith and may
13-21 rely on the good faith performance of the other party states
13-22 regarding requirements of this compact.
13-23 Article V. Party State Contributions
13-24 Sec. 5.01. Each party state, except the host state, shall
13-25 contribute a total of $25 million to the host state to pay for
13-26 expenses associated with its development, operation, and
13-27 postclosure monitoring of the compact facility. Payments shall be
14-1 deposited in the host state treasury to the credit of the low-level
14-2 waste fund in the following manner except as otherwise provided.
14-3 Within 60 days of congressional ratification of this compact, the
14-4 non-host party states shall pay to the host state $5 million.
14-5 Thereafter, each non-host state shall make five annual payments
14-6 with the first payment of $4 million due on the 31st day of January
14-7 the year following congressional ratification. The subsequent four
14-8 payments shall be due annually thereafter and shall be paid as
14-9 follows: $4 million on the 31st day of January of the second year
14-10 following congressional ratification; $4 million on the 31st day of
14-11 January of the third year following congressional ratification; $4
14-12 million on the 31st day of January of the fourth year following
14-13 congressional ratification; and a final payment of $4 million on
14-14 the 31st day of January of the fifth year following congressional
14-15 ratification.
14-16 ARTICLE VI. PROHIBITED ACTS AND PENALTIES
14-17 Sec. 6.01. No person shall dispose of low-level radioactive
14-18 waste generated within the party states unless the disposal is at
14-19 the compact facility, except as otherwise provided in Section
14-20 3.05(7) of Article III.
14-21 Sec. 6.02. No person shall manage or dispose of any
14-22 low-level radioactive waste within the party states unless the
14-23 low-level radioactive waste was generated within the party states,
14-24 except as provided in Section 3.05(6) of Article III. Nothing
14-25 herein shall be construed to prohibit the storage or management of
14-26 low-level radioactive waste by a generator, nor its disposal
14-27 pursuant to 10 C.F.R. Part 20.302.
15-1 Sec. 6.03. Violations of this article may result in
15-2 prohibiting the violator from disposing of low-level radioactive
15-3 waste in the compact facility, or in the imposition of penalty
15-4 surcharges on shipments to the facility, as determined by the
15-5 commission.
15-6 ARTICLE VII. ELIGIBILITY; ENTRY INTO EFFECT;
15-7 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION
15-8 Sec. 7.01. The states of Texas, Maine, and Vermont are party
15-9 states to this compact. Any other state may be made eligible for
15-10 party status by a majority vote of the commission and ratification
15-11 by the legislatures of all of the party states by statute, and upon
15-12 compliance with those terms and conditions for eligibility that the
15-13 host state may establish. The host state may establish all terms
15-14 and conditions for the entry of any state, other than the states
15-15 named in this section, as a member of this compact; provided,
15-16 however, the specific provisions of this compact may not be changed
15-17 except upon ratification by the legislatures of the party states.
15-18 Sec. 7.02. Upon compliance with the other provisions of this
15-19 compact, a state made eligible under Section 7.01 may become a
15-20 party state by legislative enactment of this compact or by
15-21 executive order of the governor of the state adopting this compact.
15-22 A state becoming a party state by executive order shall cease to be
15-23 a party state upon adjournment of the first general session of its
15-24 legislature convened after the executive order is issued, unless
15-25 before the adjournment, the legislature enacts this compact.
15-26 Sec. 7.03. Any party state may withdraw from this compact by
15-27 repealing enactment of this compact subject to the provisions
16-1 herein.
16-2 Sec. 7.04. If the host state withdraws from the compact, the
16-3 withdrawal shall not become effective until five years after
16-4 enactment of the repealing legislation and the non-host party
16-5 states may continue to use the facility during that time. The
16-6 financial obligation of the non-host party states under Article V
16-7 shall cease immediately upon enactment of the repealing
16-8 legislation. If the host state withdraws from the compact, or if
16-9 all necessary approvals are not received by the host state to
16-10 construct a facility, or if for whatever reason a facility does not
16-11 open, or is abandoned or closed prior to the end of its operating
16-12 life, the following conditions apply:
16-13 (1) If the host state withdraws from the compact or
16-14 abandons plans to operate a facility prior to the date of any
16-15 non-host party state payment under Article IV, Sections 4.05(5) and
16-16 (6), or Article V, the non-host party states are relieved of any
16-17 obligations to make the contributions.
16-18 (2) If the host state withdraws from the compact or
16-19 abandons plans to operate a facility after a non-host party state
16-20 payment has been made under Article IV, Sections 4.05(5) and (6),
16-21 or Article V, but before the facility commences operations, the
16-22 non-host party states shall be entitled to a refund of the
16-23 unexpended balance of the contribution as of the date of withdrawal
16-24 or abandonment. The refund shall be made within 180 days of the
16-25 date of the withdrawal or abandonment of plans to operate a
16-26 facility.
16-27 (3) If the host state withdraws or closes the facility
17-1 during its operating life, the non-host party states shall be
17-2 entitled to a refund of payments previously made under Article V as
17-3 provided herein. If the host state withdraws or closes the
17-4 facility in the first year of operation, the non-host party states
17-5 shall be entitled to a refund of 80 percent of any contributions
17-6 made under Article V. If the withdrawal or closure occurs in the
17-7 second year of operation, the non-host party states shall be
17-8 entitled to a refund of 60 percent of any contributions made under
17-9 Article V. If the withdrawal or closure occurs in the third year
17-10 of operation, the non-host party states shall be entitled to a
17-11 refund of 40 percent of any contributions made under Article V. If
17-12 the withdrawal or closure occurs in the fourth year of operation,
17-13 the non-host party states shall be entitled to a refund of 20
17-14 percent of any contributions made under Article V. Thereafter,
17-15 there shall be no refund of contributions made by the non-host
17-16 party states if the host state withdraws or closes the facility.
17-17 Sec. 7.05. A party state, other than the host state, may
17-18 withdraw from the compact by repealing the enactment of this
17-19 compact, but this withdrawal shall not become effective until two
17-20 years after the effective date of the repealing legislation.
17-21 During this two-year period the party state will continue to have
17-22 access to the facility. The withdrawing party shall remain liable
17-23 for any payments under Sections 4.05(5) and (6) of Article IV that
17-24 were due during the two-year period, and shall not be entitled to
17-25 any refund of payments previously made.
17-26 Sec. 7.06. Any party state that substantially fails to
17-27 comply with the terms of the compact or to fulfill its obligations
18-1 hereunder may have its membership in the compact revoked by a
18-2 four-fifths vote of the commission following notice that a hearing
18-3 will be scheduled not less than six months from the date of the
18-4 notice. In all other respects, revocation proceedings undertaken
18-5 by the commission will be subject to the Administrative Procedure
18-6 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
18-7 Statutes), except that a party state may appeal the commission's
18-8 revocation decision to the United States District Court in
18-9 accordance with Section 3.06 of Article III. Revocation shall take
18-10 effect one year from the date such party state receives written
18-11 notice from the commission of a final action. Written notice of
18-12 revocation shall be transmitted immediately following the vote of
18-13 the commission, by the chair, to the governor of the affected party
18-14 state, all other governors of party states, and to the United
18-15 States Congress.
18-16 Sec. 7.07. This compact shall take effect following its
18-17 enactment under the laws of the host state and any other party
18-18 state and thereafter upon the consent of the United States Congress
18-19 and shall remain in effect until otherwise provided by federal law.
18-20 In the event this compact is not ratified by the voters of Maine as
18-21 may be required by Maine law, this compact shall be void as to
18-22 Maine. In such an event, and notwithstanding any other provision
18-23 of this compact, the compact shall remain in full effect for Texas
18-24 and Vermont and this compact should be interpreted as follows:
18-25 (1) Texas and Vermont are the initial party states.
18-26 (2) The commission shall consist of two voting members
18-27 from Vermont and three from Texas.
19-1 (3) Each party state is responsible for one-half of
19-2 the commission's expenses.
19-3 Sec. 7.08. This compact is subject to review by the United
19-4 States Congress and the withdrawal of the consent of congress every
19-5 five years after its effective date, pursuant to federal law.
19-6 ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
19-7 Sec. 8.01. The provisions of this compact shall be broadly
19-8 construed to carry out the purposes of the compact, but the
19-9 sovereign powers of a party shall not be infringed upon
19-10 unnecessarily.
19-11 Sec. 8.02. This compact does not affect any judicial
19-12 proceeding pending on the effective date of this compact.
19-13 Sec. 8.03. No party state acquires any liability, by joining
19-14 this compact, resulting from the siting, operation, maintenance,
19-15 long-term care or any other activity relating to the compact
19-16 facility. No non-host party state shall be liable for any harm or
19-17 damage from the siting, operation, maintenance, long-term care or
19-18 any other activity relating to the compact facility. Except as
19-19 otherwise expressly provided in this compact, nothing in this
19-20 compact shall be construed to alter the incidence of liability of
19-21 any kind for any act or failure to act. Generators, transporters,
19-22 owners, and operators of the facility shall be liable for their
19-23 acts, omissions, conduct or relationships in accordance with
19-24 applicable law. By entering into this compact and securing the
19-25 ratification by congress of its terms, no party state acquires a
19-26 potential liability under Section 5(d)(2)(C) of the Act (42 U.S.C.
19-27 Sec. 2021e(d)(2)(C)) that did not exist prior to entering into this
20-1 compact.
20-2 Sec. 8.04. If a party state withdraws from the compact
20-3 pursuant to Section 7.03 of Article VII or has its membership in
20-4 this compact revoked pursuant to Section 7.06 of Article VII, the
20-5 withdrawal or revocation shall not affect any liability already
20-6 incurred by or chargeable to the affected state under Section 8.03
20-7 of this article.
20-8 Sec. 8.05. The provisions of this compact shall be severable
20-9 and if any phrase, clause, sentence or provision of this compact is
20-10 declared by a court of competent jurisdiction to be contrary to the
20-11 constitution of any participating state or of the United States or
20-12 the applicability thereof to any government, agency, person, or
20-13 circumstances is held invalid, the validity of the remainder of
20-14 this compact and the applicability thereof to any government,
20-15 agency, person, or circumstance shall not be affected thereby to
20-16 the extent the remainder can in all fairness be given effect. If
20-17 any provision of this compact shall be held contrary to the
20-18 constitution of any state participating therein, the compact shall
20-19 remain in full force and effect as to the state affected as to all
20-20 severable matters.
20-21 Sec. 8.06. Nothing in this compact diminishes or otherwise
20-22 impairs the jurisdiction, authority, or discretion of either of the
20-23 following:
20-24 (1) the United States Nuclear Regulatory Commission
20-25 pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C.
20-26 Sec. 2011 et seq.); or
20-27 (2) an agreement state under Section 274 of the Atomic
21-1 Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).
21-2 Sec. 8.07. Nothing in this compact confers any new authority
21-3 on the states or commission to do any of the following:
21-4 (1) Regulate the packaging or transportation of
21-5 low-level radioactive waste in a manner inconsistent with the
21-6 regulations of the United States Nuclear Regulatory Commission or
21-7 the United States Department of Transportation.
21-8 (2) Regulate health, safety, or environmental hazards
21-9 from source, by-product, or special nuclear material.
21-10 (3) Inspect the activities of licensees of the
21-11 agreement states of the United States Nuclear Regulatory
21-12 Commission.
21-13 SECTION 2. The governor shall make the initial appointments
21-14 required by Section 403.001, Health and Safety Code, as added by
21-15 this Act, by appointing one commissioner to serve a six-year term,
21-16 one commissioner to serve a four-year term, and one commissioner to
21-17 serve a two-year term.
21-18 SECTION 3. The importance of this legislation and the
21-19 crowded condition of the calendars in both houses create an
21-20 emergency and an imperative public necessity that the
21-21 constitutional rule requiring bills to be read on three several
21-22 days in each house be suspended, and this rule is hereby suspended,
21-23 and that this Act take effect and be in force from and after its
21-24 passage, and it is so enacted.