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