1-1 By: Sims S.B. No. 1206
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 28, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 28, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1206 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the Texas Low-Level Radioactive Waste Disposal Compact.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle D, Title 5, Health and Safety Code, is
1-26 amended by adding Chapter 403 to read as follows:
1-27 CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
1-28 Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor
1-29 shall appoint three members to represent this state on the
1-30 commission established by Article III of the Texas Low-Level
1-31 Radioactive Waste Disposal Compact.
1-32 (b) The governor may provide an alternate for each
1-33 commissioner appointed under this section.
1-34 Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. A host
1-35 state commissioner serves for a term of six years and until a
1-36 successor is appointed and qualified. A vacancy in the office of
1-37 commissioner is filled for the unexpired term by appointment of the
1-38 governor.
1-39 Sec. 403.003. OATH. A host state commissioner shall take
1-40 the constitutional oath of office and shall also take an oath to
1-41 faithfully perform the duties of commissioner.
1-42 Sec. 403.004. COMPENSATION. A host state commissioner is
1-43 not entitled to compensation for performing the duties of
1-44 commissioner but is entitled to reimbursement for actual and
1-45 necessary expenses incurred in the performance of the duties of
1-46 commissioner.
1-47 Sec. 403.005. POWERS AND DUTIES. The Texas Low-Level
1-48 Radioactive Waste Disposal Compact Commission and the members of
1-49 the commission have the powers and duties prescribed by the
1-50 compact. The members of the commission are responsible for
1-51 administering the provisions of the compact.
1-52 Sec. 403.006. TEXT OF COMPACT. The Texas Low-Level
1-53 Radioactive Waste Disposal Compact reads as follows:
1-54 ARTICLE I. POLICY AND PURPOSE
1-55 Sec. 1.01. The party states recognize a responsibility for
1-56 each state to seek to manage low-level radioactive waste generated
1-57 within its boundaries, pursuant to the Low-Level Radioactive Waste
1-58 Policy Act, as amended by the Low-Level Radioactive Waste Policy
1-59 Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j). They also
1-60 recognize that the United States Congress, by enacting the Act, has
1-61 authorized and encouraged states to enter into compacts for the
1-62 efficient management and disposal of low-level radioactive waste.
1-63 It is the policy of the party states to cooperate in the protection
1-64 of the health, safety, and welfare of their citizens and the
1-65 environment and to provide for and encourage the economical
1-66 management and disposal of low-level radioactive waste. It is the
1-67 purpose of this compact to provide the framework for such a
1-68 cooperative effort; to promote the health, safety, and welfare of
2-1 the citizens and the environment of the party states; to limit the
2-2 number of facilities needed to effectively, efficiently, and
2-3 economically manage low-level radioactive waste and to encourage
2-4 the reduction of the generation thereof; and to distribute the
2-5 costs, benefits, and obligations among the party states; all in
2-6 accordance with the terms of this compact.
2-7 ARTICLE II. DEFINITIONS
2-8 Sec. 2.01. As used in this compact, unless the context
2-9 clearly indicates otherwise, the following definitions apply:
2-10 (1) "Act" means the Low-Level Radioactive Waste Policy
2-11 Act, as amended by the Low-Level Radioactive Waste Policy
2-12 Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j).
2-13 (2) "Commission" means the Texas Low-Level Radioactive
2-14 Waste Disposal Compact Commission established in Article III of
2-15 this compact.
2-16 (3) "Compact facility" or "facility" means any site,
2-17 location, structure, or property located in and provided by the
2-18 host state for the purpose of management or disposal of low-level
2-19 radioactive waste for which the party states are responsible.
2-20 (4) "Disposal" means the permanent isolation of
2-21 low-level radioactive waste pursuant to requirements established by
2-22 the United States Nuclear Regulatory Commission and the United
2-23 States Environmental Protection Agency under applicable laws, or by
2-24 the host state.
2-25 (5) "Generate," when used in relation to low-level
2-26 radioactive waste, means to produce low-level radioactive waste.
2-27 (6) "Generator" means a person who produces or
2-28 processes low-level radioactive waste in the course of its
2-29 activities, excluding persons who arrange for the collection,
2-30 transportation, management, treatment, storage, or disposal of
2-31 waste generated outside the party states, unless approved by the
2-32 commission.
2-33 (7) "Host county" means a county in the host state in
2-34 which a disposal facility is located or is being developed.
2-35 (8) "Host state" means a party state in which a
2-36 compact facility is located or is being developed. The state of
2-37 Texas is the host state under this compact.
2-38 (9) "Institutional control period" means that period
2-39 of time following closure of the facility and transfer of the
2-40 facility license from the operator to the custodial agency in
2-41 compliance with the appropriate regulations for long-term
2-42 observation and maintenance.
2-43 (10) "Low-level radioactive waste" has the same
2-44 meaning as that term is defined in Section 2(9) of the Act (42
2-45 U.S.C. Section 2021b(9)), or in the host state statute so long as
2-46 the waste is not incompatible with management and disposal at the
2-47 compact facility.
2-48 (11) "Management" means collection, consolidation,
2-49 storage, packaging, or treatment.
2-50 (12) "Operator" means a person who operates a disposal
2-51 facility.
2-52 (13) "Party state" means any state that has become a
2-53 party in accordance with Article VII of this compact. Texas,
2-54 Maine, and Vermont are initial party states under this compact.
2-55 (14) "Person" means an individual, corporation,
2-56 partnership, or other legal entity, whether public or private.
2-57 (15) "Transporter" means a person who transports
2-58 low-level radioactive waste.
2-59 ARTICLE III. THE COMMISSION
2-60 Sec. 3.01. There is hereby established the Texas Low-Level
2-61 Radioactive Waste Disposal Compact Commission. The commission
2-62 shall consist of one voting member from each party state except
2-63 that the host state shall be entitled to three voting members.
2-64 Commission members shall be appointed by the party state governors,
2-65 as provided by the laws of each party state. Each party state may
2-66 provide alternates for each appointed member.
2-67 Sec. 3.02. A quorum of the commission consists of a majority
2-68 of the members. Except as otherwise provided in this compact, an
2-69 official act of the commission must receive the affirmative vote of
2-70 a majority of its members.
3-1 Sec. 3.03. The commission is a legal entity separate and
3-2 distinct from the party states and has governmental immunity to the
3-3 same extent as an entity created under the authority of Article
3-4 XVI, Section 59, of the Texas Constitution. Members of the
3-5 commission shall not be personally liable for actions taken in
3-6 their official capacity. The liabilities of the commission shall
3-7 not be deemed liabilities of the party states.
3-8 Sec. 3.04. The commission shall:
3-9 (1) Compensate its members according to the host
3-10 state's law.
3-11 (2) Conduct its business, hold meetings, and maintain
3-12 public records pursuant to laws of the host state, except that
3-13 notice of public meetings shall be given in the nonhost party
3-14 states in accordance with their respective statutes.
3-15 (3) Be located in the capital city of the host state.
3-16 (4) Meet at least once a year and upon the call of the
3-17 chair, or any member. The governor of the host state shall appoint
3-18 a chair and vice-chair.
3-19 (5) Keep an accurate account of all receipts and
3-20 disbursements. An annual audit of the books of the commission
3-21 shall be conducted by an independent certified public accountant,
3-22 and the audit report shall be made a part of the annual report of
3-23 the commission.
3-24 (6) Approve a budget each year and establish a fiscal
3-25 year that conforms to the fiscal year of the host state.
3-26 (7) Prepare, adopt, and implement contingency plans
3-27 for the disposal and management of low-level radioactive waste in
3-28 the event that the compact facility should be closed. Any plan
3-29 which requires the host state to store or otherwise manage the
3-30 low-level radioactive waste from all the party states must be
3-31 approved by all three host state members of the commission. The
3-32 commission, in a contingency plan or otherwise, may not require a
3-33 nonhost party state to store low-level radioactive waste generated
3-34 outside of the state.
3-35 (8) Submit communications to the governors and to the
3-36 presiding officers of the legislatures of the party states
3-37 regarding the activities of the commission, including an annual
3-38 report to be submitted on or before January 31 of each year.
3-39 (9) Assemble and make available to the party states,
3-40 and to the public, information concerning low-level radioactive
3-41 waste management needs, technologies, and problems.
3-42 (10) Keep a current inventory of all generators within
3-43 the party states, based upon information provided by the party
3-44 states.
3-45 (11) By no later than 180 days after all members of
3-46 the commission are appointed under Section 3.01 of this article,
3-47 establish by rule the total volume of low-level radioactive waste
3-48 that the host state will dispose of in the compact facility in the
3-49 years 1995-2045, including decommissioning waste. The shipments of
3-50 low-level radioactive waste from all nonhost party states shall not
3-51 exceed 20 percent of the volume estimated to be disposed of by the
3-52 host state during the 50-year period. When averaged over such
3-53 50-year period, the total of all shipments from nonhost party
3-54 states shall not exceed 20,000 cubic feet a year. The commission
3-55 shall coordinate the volumes, timing, and frequency of shipments
3-56 from generators in the nonhost party states in order to assure that
3-57 over the life of this agreement shipments from the nonhost party
3-58 states do not exceed 20 percent of the volume projected by the
3-59 commission under this paragraph.
3-60 Sec. 3.05. The commission may:
3-61 (1) Employ staff necessary to carry out its duties and
3-62 functions. The commission is authorized to use to the extent
3-63 practicable the services of existing employees of the party states.
3-64 Compensation shall be as determined by the commission.
3-65 (2) Accept any grants, equipment, supplies, materials,
3-66 or services, conditional or otherwise, from the federal or state
3-67 government. The nature, amount, and condition, if any, of any
3-68 donation, grant, or other resources accepted pursuant to this
3-69 paragraph and the identity of the donor or grantor shall be
3-70 detailed in the annual report of the commission.
4-1 (3) Enter into contracts to carry out its duties and
4-2 authority, subject to projected resources. No contract made by the
4-3 commission shall bind a party state.
4-4 (4) Adopt, by a majority vote, bylaws and rules
4-5 necessary to carry out the terms of this compact. Any rules
4-6 promulgated by the commission shall be adopted in accordance with
4-7 the Administrative Procedure and Texas Register Act (Article
4-8 6252-13a, Vernon's Texas Civil Statutes).
4-9 (5) Sue and be sued and, when authorized by a majority
4-10 vote of the members, seek to intervene in administrative or
4-11 judicial proceedings related to this compact.
4-12 (6) Enter into an agreement with any person, state,
4-13 regional body, or group of states for the importation of low-level
4-14 radioactive waste into the compact for management or disposal,
4-15 provided that the agreement receives a majority vote of the
4-16 commission. The commission may adopt such conditions and
4-17 restrictions in the agreement as it deems advisable.
4-18 (7) Upon petition, allow an individual generator, a
4-19 group of generators, or the host state of the compact to export
4-20 low-level radioactive waste to a low-level radioactive waste
4-21 disposal facility located outside the party states. The commission
4-22 may approve the petition only by a majority vote of its members.
4-23 The permission to export low-level radioactive waste shall be
4-24 effective for that period of time and for the specified amount of
4-25 low-level radioactive waste, and subject to any other term or
4-26 condition, as is determined by the commission.
4-27 (8) Monitor the exportation outside of the party
4-28 states of material, which otherwise meets the criteria of low-level
4-29 radioactive waste, where the sole purpose of the exportation is to
4-30 manage or process the material for recycling or waste reduction and
4-31 return it to the party states for disposal in the compact facility.
4-32 Sec. 3.06. Jurisdiction and venue of any action contesting
4-33 any action of the commission shall be in the United States District
4-34 Court in the district where the commission maintains its office.
4-35 Article IV. Rights, Responsibilities, and Obligations
4-36 of Party States
4-37 Sec. 4.01. The host state shall develop and have full
4-38 administrative control over the development, management, and
4-39 operation of a facility for the disposal of low-level radioactive
4-40 waste generated within the party states. The host state shall be
4-41 entitled to unlimited use of the facility over its operating life.
4-42 Use of the facility by the nonhost party states for disposal of
4-43 low-level radioactive waste, including such waste resulting from
4-44 decommissioning of any nuclear electric generation facilities
4-45 located in the party states, is limited to the volume requirements
4-46 of Section 3.04(11) of Article III.
4-47 Sec. 4.02. Low-level radioactive waste generated within the
4-48 party states shall be disposed of only at the compact facility,
4-49 except as provided in Section 3.05(7) of Article III.
4-50 Sec. 4.03. The party states of this compact cannot be
4-51 members of another low-level radioactive waste compact entered into
4-52 pursuant to the Act.
4-53 Sec. 4.04. The host state shall do the following:
4-54 (1) Cause a facility to be developed in a timely
4-55 manner and operated and maintained through the institutional
4-56 control period.
4-57 (2) Ensure, consistent with any applicable federal and
4-58 host state laws, the protection and preservation of the environment
4-59 and the public health and safety in the siting, design,
4-60 development, licensing, regulation, operation, closure,
4-61 decommissioning, and long-term care of the disposal facilities
4-62 within the host state.
4-63 (3) Close the facility when reasonably necessary to
4-64 protect the public health and safety of its citizens or to protect
4-65 its natural resources from harm. However, the host state shall
4-66 notify the commission of the closure within three days of its
4-67 action and shall, within 30 working days of its action, provide a
4-68 written explanation to the commission of the closure, and implement
4-69 any adopted contingency plan.
4-70 (4) Establish reasonable fees for disposal at the
5-1 facility of low-level radioactive waste generated in the party
5-2 states based on disposal fee criteria set out in Sections 402.272
5-3 and 402.273, Texas Health and Safety Code. The same fees shall be
5-4 charged for the disposal of low-level radioactive waste that was
5-5 generated in the host state and in the nonhost party states. Fees
5-6 shall also be sufficient to reasonably support the activities of
5-7 the commission.
5-8 (5) Submit an annual report to the commission on the
5-9 status of the facility, including projections of the facility's
5-10 anticipated future capacity, and on the related funds.
5-11 (6) Notify the commission immediately upon the
5-12 occurrence of any event that could cause a possible temporary or
5-13 permanent closure of the facility and identify all reasonable
5-14 options for the disposal of low-level radioactive waste at
5-15 alternate compact facilities or, by arrangement and commission
5-16 vote, at noncompact facilities.
5-17 (7) Promptly notify the other party states of any
5-18 legal action involving the facility.
5-19 (8) Identify and regulate, in accordance with federal
5-20 and host state law, the means and routes of transportation of
5-21 low-level radioactive waste in the host state.
5-22 Sec. 4.05. Each party state shall do the following:
5-23 (1) Develop and enforce procedures requiring low-level
5-24 radioactive waste shipments originating within its borders and
5-25 destined for the facility to conform to packaging, processing, and
5-26 waste form specifications of the host state.
5-27 (2) Maintain a registry of all generators within the
5-28 state that may have low-level radioactive waste to be disposed of
5-29 at the facility, including but not limited to the amount of
5-30 low-level radioactive waste and the class of low-level radioactive
5-31 waste generated by each generator.
5-32 (3) Develop and enforce procedures requiring
5-33 generators within its borders to minimize the volume of low-level
5-34 radioactive waste requiring disposal. Nothing in this compact
5-35 shall prohibit the storage, treatment, or management of waste by a
5-36 generator.
5-37 (4) Provide the commission with any data and
5-38 information necessary for the implementation of the commission's
5-39 responsibilities, including taking those actions necessary to
5-40 obtain this data or information.
5-41 (5) Pay for community assistance projects designated
5-42 by the host county in an amount for each nonhost party state equal
5-43 to 10 percent of the payment provided for in Article V for each
5-44 such state. One-half of the payment shall be due and payable to
5-45 the host county on the first day of the month following
5-46 ratification of this compact agreement by congress and one-half of
5-47 the payment shall be due and payable on the first day of the month
5-48 following the approval of a facility operating license by the host
5-49 state's regulatory body.
5-50 (6) Provide financial support for the commission's
5-51 activities prior to the date of facility operation and subsequent
5-52 to the date of congressional ratification of this compact under
5-53 Section 7.07 of Article VII. Each party state will be responsible
5-54 for annual payments equaling one-third of the commission's
5-55 expenses, incurred for administrative, legal, and other purposes of
5-56 the commission.
5-57 (7) If agreed by all parties to a dispute, submit the
5-58 dispute to arbitration or other alternate dispute resolution
5-59 process. If arbitration is agreed upon, the governor of each party
5-60 state shall appoint an arbitrator. If the number of party states
5-61 is an even number, the arbitrators so chosen shall appoint an
5-62 additional arbitrator. The determination of a majority of the
5-63 arbitrators shall be binding on the party states. Arbitration
5-64 proceedings shall be conducted in accordance with the provisions of
5-65 9 U.S.C. Sections 1 through 16. If all parties to a dispute do not
5-66 agree to arbitration or alternate dispute resolution process, the
5-67 United States District Court in the district where the commission
5-68 maintains its office shall have original jurisdiction over any
5-69 action between or among parties to this compact.
5-70 (8) Provide on a regular basis to the commission and
6-1 host state:
6-2 (A) an accounting of waste shipped and proposed
6-3 to be shipped to the compact facility, by volume and curies;
6-4 (B) proposed transportation methods and routes;
6-5 and
6-6 (C) proposed shipment schedules.
6-7 (9) Seek to join in any legal action by or against the
6-8 host state to prevent nonparty states or generators from disposing
6-9 of low-level radioactive waste at the facility.
6-10 Sec. 4.06. Each party state shall act in good faith and may
6-11 rely on the good faith performance of the other party states
6-12 regarding requirements of this compact.
6-13 Article V. Party State Contributions
6-14 Sec. 5.01. Each party state, except the host state, shall
6-15 contribute a total of $25 million to the host state. Payments
6-16 shall be deposited in the host state treasury to the credit of the
6-17 low-level waste fund in the following manner except as otherwise
6-18 provided. Not later than the 60th day after the date of
6-19 congressional ratification of this compact, each nonhost party
6-20 state shall pay to the host state $12.5 million. Not later than
6-21 the 60th day after the date of the opening of the compact facility,
6-22 each nonhost party state shall pay to the host state an additional
6-23 $12.5 million.
6-24 Sec. 5.02. As an alternative, the host state and the nonhost
6-25 states may provide for payments in the same total amount as stated
6-26 above to be made to meet the principal and interest expense
6-27 associated with the bond indebtedness or other form of indebtedness
6-28 issued by the appropriate agency of the host state for purposes
6-29 associated with the development, operation, and post-closure
6-30 monitoring of the compact facility. In the event the member states
6-31 proceed in this manner, the payment schedule shall be determined in
6-32 accordance with the schedule of debt repayment. This schedule
6-33 shall replace the payment schedule described in Section 5.01 of
6-34 this article.
6-35 ARTICLE VI. PROHIBITED ACTS AND PENALTIES
6-36 Sec. 6.01. No person shall dispose of low-level radioactive
6-37 waste generated within the party states unless the disposal is at
6-38 the compact facility, except as otherwise provided in Section
6-39 3.05(7) of Article III.
6-40 Sec. 6.02. No person shall manage or dispose of any
6-41 low-level radioactive waste within the party states unless the
6-42 low-level radioactive waste was generated within the party states,
6-43 except as provided in Section 3.05(6) of Article III. Nothing
6-44 herein shall be construed to prohibit the storage or management of
6-45 low-level radioactive waste by a generator, nor its disposal
6-46 pursuant to 10 C.F.R. Section 20.302.
6-47 Sec. 6.03. Violations of this article may result in
6-48 prohibiting the violator from disposing of low-level radioactive
6-49 waste in the compact facility, or in the imposition of penalty
6-50 surcharges on shipments to the facility, as determined by the
6-51 commission.
6-52 ARTICLE VII. ELIGIBILITY; ENTRY INTO EFFECT;
6-53 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION
6-54 Sec. 7.01. The states of Texas, Maine, and Vermont are party
6-55 states to this compact. Any other state may be made eligible for
6-56 party status by a majority vote of the commission and ratification
6-57 by the legislatures of all of the party states by statute, and upon
6-58 compliance with those terms and conditions for eligibility that the
6-59 host state may establish. The host state may establish all terms
6-60 and conditions for the entry of any state, other than the states
6-61 named in this section, as a member of this compact; provided,
6-62 however, the specific provisions of this compact may not be changed
6-63 except upon ratification by the legislatures of the party states.
6-64 Sec. 7.02. Upon compliance with the other provisions of this
6-65 compact, a state made eligible under Section 7.01 of this article
6-66 may become a party state by legislative enactment of this compact
6-67 or by executive order of the governor of the state adopting this
6-68 compact. A state becoming a party state by executive order shall
6-69 cease to be a party state upon adjournment of the first general
6-70 session of its legislature convened after the executive order is
7-1 issued, unless before the adjournment, the legislature enacts this
7-2 compact.
7-3 Sec. 7.03. Any party state may withdraw from this compact by
7-4 repealing enactment of this compact subject to the provisions
7-5 herein. This section sets out the exclusive remedies for the
7-6 nonhost party states if the host state withdraws from the compact
7-7 or is unable to develop and operate a compact facility.
7-8 Sec. 7.04. If the host state withdraws from the compact, the
7-9 withdrawal shall not become effective until five years after
7-10 enactment of the repealing legislation and the nonhost party states
7-11 may continue to use the facility during that time. The financial
7-12 obligation of the nonhost party states under Article V shall cease
7-13 immediately upon enactment of the repealing legislation. If the
7-14 host state withdraws from the compact or abandons plans to operate
7-15 a facility prior to the date of any nonhost party state payment
7-16 under Sections 4.05(5) and (6), of Article IV or Article V, the
7-17 nonhost party states are relieved of any obligations to make the
7-18 contributions.
7-19 Sec. 7.05. A party state, other than the host state, may
7-20 withdraw from the compact by repealing the enactment of this
7-21 compact, but this withdrawal shall not become effective until two
7-22 years after the effective date of the repealing legislation.
7-23 During this two-year period the party state will continue to have
7-24 access to the facility. The withdrawing party shall remain liable
7-25 for any payments under Sections 4.05(5) and (6) of Article IV that
7-26 were due during the two-year period and shall not be entitled to
7-27 any refund of payments previously made.
7-28 Sec. 7.06. Any party state that substantially fails to
7-29 comply with the terms of the compact or to fulfill its obligations
7-30 hereunder may have its membership in the compact revoked by a
7-31 four-fifths vote of the commission following notice that a hearing
7-32 will be scheduled not less than six months from the date of the
7-33 notice. In all other respects, revocation proceedings undertaken
7-34 by the commission will be subject to the Administrative Procedure
7-35 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-36 Statutes), except that a party state may appeal the commission's
7-37 revocation decision to the United States District Court in
7-38 accordance with Section 3.06 of Article III. Revocation shall take
7-39 effect one year from the date such party state receives written
7-40 notice from the commission of a final action. Written notice of
7-41 revocation shall be transmitted immediately following the vote of
7-42 the commission, by the chair, to the governor of the affected party
7-43 state, all other governors of party states, and to the United
7-44 States Congress.
7-45 Sec. 7.07. This compact shall take effect following its
7-46 enactment under the laws of the host state and any other party
7-47 state and thereafter upon the consent of the United States Congress
7-48 and shall remain in effect until otherwise provided by federal law.
7-49 If Texas and either Maine or Vermont ratify this compact, the
7-50 compact shall be in full force and effect as to Texas and the other
7-51 ratifying state, and this compact shall be interpreted as follows:
7-52 (1) Texas and the other ratifying state are the
7-53 initial party states.
7-54 (2) The commission shall consist of two voting members
7-55 from the other ratifying state and three from Texas.
7-56 (3) Each party state is responsible for one-half of
7-57 the commission's expenses.
7-58 Sec. 7.08. This compact is subject to review by the United
7-59 States Congress and the withdrawal of the consent of congress every
7-60 five years after its effective date, pursuant to federal law.
7-61 ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
7-62 Sec. 8.01. The provisions of this compact shall be broadly
7-63 construed to carry out the purposes of the compact, but the
7-64 sovereign powers of a party shall not be infringed upon
7-65 unnecessarily.
7-66 Sec. 8.02. This compact does not affect any judicial
7-67 proceeding pending on the effective date of this compact.
7-68 Sec. 8.03. No party state acquires any liability, by joining
7-69 this compact, resulting from the siting, operation, maintenance,
7-70 long-term care, or any other activity relating to the compact
8-1 facility. No nonhost party state shall be liable for any harm or
8-2 damage from the siting, operation, maintenance, or long-term care
8-3 relating to the compact facility. Except as otherwise expressly
8-4 provided in this compact, nothing in this compact shall be
8-5 construed to alter the incidence of liability of any kind for any
8-6 act or failure to act. Generators, transporters, owners, and
8-7 operators of the facility shall be liable for their acts,
8-8 omissions, conduct, or relationships in accordance with applicable
8-9 law. By entering into this compact and securing the ratification
8-10 by congress of its terms, no party state acquires a potential
8-11 liability under Section 5(d)(2)(C) of the Act (42 U.S.C. Section
8-12 2021e(d)(2)(C)) that did not exist prior to entering into this
8-13 compact.
8-14 Sec. 8.04. If a party state withdraws from the compact
8-15 pursuant to Section 7.03 of Article VII or has its membership in
8-16 this compact revoked pursuant to Section 7.06 of Article VII, the
8-17 withdrawal or revocation shall not affect any liability already
8-18 incurred by or chargeable to the affected state under Section 8.03
8-19 of this article.
8-20 Sec. 8.05. The provisions of this compact shall be severable
8-21 and if any phrase, clause, sentence, or provision of this compact
8-22 is declared by a court of competent jurisdiction to be contrary to
8-23 the constitution of any participating state or of the United States
8-24 or the applicability thereof to any government, agency, person, or
8-25 circumstances is held invalid, the validity of the remainder of
8-26 this compact and the applicability thereof to any government,
8-27 agency, person, or circumstance shall not be affected thereby to
8-28 the extent the remainder can in all fairness be given effect. If
8-29 any provision of this compact shall be held contrary to the
8-30 constitution of any state participating therein, the compact shall
8-31 remain in full force and effect as to the state affected as to all
8-32 severable matters.
8-33 Sec. 8.06. Nothing in this compact diminishes or otherwise
8-34 impairs the jurisdiction, authority, or discretion of either of the
8-35 following:
8-36 (1) the United States Nuclear Regulatory Commission
8-37 pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C.
8-38 Section 2011 et seq.); or
8-39 (2) an agreement state under Section 274 of the Atomic
8-40 Energy Act of 1954, as amended (42 U.S.C. Section 2021).
8-41 Sec. 8.07. Nothing in this compact confers any new authority
8-42 on the states or commission to do any of the following:
8-43 (1) Regulate the packaging or transportation of
8-44 low-level radioactive waste in a manner inconsistent with the
8-45 regulations of the United States Nuclear Regulatory Commission or
8-46 the United States Department of Transportation.
8-47 (2) Regulate health, safety, or environmental hazards
8-48 from source, by-product, or special nuclear material.
8-49 (3) Inspect the activities of licensees of the
8-50 agreement states of the United States Nuclear Regulatory
8-51 Commission.
8-52 SECTION 2. The governor shall make the initial appointments
8-53 required by Section 403.001, Health and Safety Code, as added by
8-54 this Act, by appointing one commissioner to serve a six-year term,
8-55 one commissioner to serve a four-year term, and one commissioner to
8-56 serve a two-year term.
8-57 SECTION 3. The importance of this legislation and the
8-58 crowded condition of the calendars in both houses create an
8-59 emergency and an imperative public necessity that the
8-60 constitutional rule requiring bills to be read on three several
8-61 days in each house be suspended, and this rule is hereby suspended,
8-62 and that this Act take effect and be in force from and after its
8-63 passage, and it is so enacted.
8-64 * * * * *
8-65 Austin,
8-66 Texas
8-67 April 28, 1993
8-68 Hon. Bob Bullock
8-69 President of the Senate
8-70 Sir:
9-1 We, your Committee on Natural Resources to which was referred S.B.
9-2 No. 1206, have had the same under consideration, and I am
9-3 instructed to report it back to the Senate with the recommendation
9-4 that it do not pass, but that the Committee Substitute adopted in
9-5 lieu thereof do pass and be printed.
9-6 Sims,
9-7 Chairman
9-8 * * * * *
9-9 WITNESSES
9-10 FOR AGAINST ON
9-11 ___________________________________________________________________
9-12 Name: Lee Matthews x
9-13 Representing: Tx Low Level Radioactive Waste
9-14 City:
9-15 -------------------------------------------------------------------
9-16 Name: Susan Shimelman x
9-17 Representing: State of Connecticut
9-18 City: Hartford, Ct.
9-19 -------------------------------------------------------------------
9-20 Name: Andrew J. Pincus x
9-21 Representing: Maine Yankee
9-22 City: Washington DC
9-23 -------------------------------------------------------------------
9-24 Name: Jan S. Eastman x
9-25 Representing: State of Vermont
9-26 City: Peacham, VT
9-27 -------------------------------------------------------------------
9-28 Name: Don R. Gardner x
9-29 Representing: Tx Nuclear Responsibility
9-30 City: Austin
9-31 -------------------------------------------------------------------
9-32 Name: Billy R. Love x
9-33 Representing: Hudspeth County
9-34 City: Blanco
9-35 -------------------------------------------------------------------
9-36 Name: Stephen G. Ward x
9-37 Representing: State of Maine
9-38 City: Augusta, ME
9-39 -------------------------------------------------------------------
9-40 Name: Diane L. Conrad x
9-41 Representing: Vermont Agency of Natural Re
9-42 City: Waterburg, VT
9-43 -------------------------------------------------------------------
9-44 Name: James Scott x
9-45 Representing: Public Citizen
9-46 City: Austin
9-47 -------------------------------------------------------------------
9-48 Name: C. D. Rao x
9-49 Representing: Tx Water Commission
9-50 City: Austin
9-51 -------------------------------------------------------------------
9-52 Name: Susan S. Ferguson x
9-53 Representing: Tx Water Commission
9-54 City: GTN
9-55 -------------------------------------------------------------------