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 -------------------------------------------------------------------