II

103D CONGRESS

2D SESSION S. 2222

To grant the consent of Congress to the Texas Low-Level Radioactive Waste

Disposal Compact.

IN THE SENATE OF THE UNITED STATES

JUNE 21 (legislative day, JUNE 7), 1994

Mr. MITCHELL (for himself, Mr. COHEN, Mr. LEAHY, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To grant the consent of Congress to the Texas Low-Level

Radioactive Waste Disposal Compact.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Texas Low-Level Ra5 dioactive Waste Disposal Compact Consent Act’’.

6 SEC. 2. CONGRESSIONAL FINDING.

7 Congress finds that the compact set forth in section

8 5 is in furtherance of the Low-Level Radioactive Waste

9 Policy Act (42 U.S.C. 2021b et seq.).
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1 SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

2 The consent of Congress to the compact set forth in

3 section 5—

4 (1) shall become effective on the date of the en5 actment of this Act;

6 (2) is granted subject to the provisions of the

7 Low-Level Radioactive Waste Policy Act (42 U.S.C.

8 2021b et seq.); and

9 (3) is granted only for so long as the regional

10 commission established in the compact complies with

11 all of the provisions of such Act.

12 SEC. 4. CONGRESSIONAL REVIEW.

13 Congress may alter, amend, or repeal this Act with

14 respect to the compact set forth in section 5 after the expi15 ration of the 10-year period following the date of enact16 ment of this Act, and at such intervals thereafter as may

17 be provided in such compact.

18 SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.

19 (a) CONSENT OF CONGRESS.—In accordance with

20 section 4(a)(2) of the Low-Level Radioactive Waste Policy

21 Act (42 U.S.C. 2021d(a)(2)), the consent of Congress is

22 given to the States of Texas, Maine, and Vermont to enter

23 into such compact.

24 (b) TEXT OF COMPACT.—Such compact reads sub25 stantially as follows:
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1 ‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

2 COMPACT

3 ‘‘ARTICLE I. POLICY AND PURPOSE

4 ‘‘SEC. 1.01. The party states recognize a responsibil5 ity for each state to seek to manage low-level radioactive

6 waste generated within its boundaries, pursuant to the

7 Low-Level Radioactive Waste Policy Act, as amended by

8 the Low-Level Radioactive Waste Policy Amendments Act

9 of 1985 (42 U.S.C. 2021b–2021j). They also recognize

10 that the United States Congress, by enacting the Act, has

11 authorized and encouraged states to enter into compacts

12 for the efficient management and disposal of low-level ra13 dioactive waste. It is the policy of the party states to co14 operate in the protection of the health, safety, and welfare

15 of their citizens and the environment and to provide for

16 and encourage the economical management and disposal

17 of low-level radioactive waste. It is the purpose of this

18 compact to provide the framework for such a cooperative

19 effort; to promote the health, safety, and welfare of the

20 citizens and the environment of the party states; to limit

21 the number of facilities needed to effectively, efficiently,

22 and economically manage low-level radioactive waste and

23 to encourage the reduction of the generation thereof; and

24 to distribute the costs, benefits, and obligations among the

25 party states; all in accordance with the terms of this com26 pact.
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1 ‘‘ARTICLE II. DEFINITIONS

2 ‘‘SEC. 2.01. As used in this compact, unless the con3 text clearly indicates otherwise, the following definitions

4 apply:

5 ‘‘(1) ‘Act’ means the Low-Level Radioactive

6 Waste Policy Act, as amended by the Low-Level Ra7 dioactive Waste Policy Amendments Act of 1985 (42

8 U.S.C. 2021b–2021j).

9 ‘‘(2) ‘Commission’ means the Texas Low-Level

10 Radioactive Waste Disposal Compact Commission

11 established in Article III of this compact.

12 ‘‘(3) ‘Compact facility’ or ‘facility’ means any

13 site, location, structure, or property located in and

14 provided by the host state for the purpose of man15 agement or disposal of low-level radioactive waste for

16 which the party states are responsible.

17 ‘‘(4) ‘Disposal’ means the permanent isolation

18 of low-level radioactive waste pursuant to require19 ments established by the United States Nuclear Reg20 ulatory Commission and the United States Environ21 mental Protection Agency under applicable laws, or

22 by the host state.

23 ‘‘(5) ‘Generate,’ when used in relation to low24 level radioactive waste, means to produce low-level

25 radioactive waste.
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1 ‘‘(6) ‘Generator’ means a person who produces

2 or processes low-level radioactive waste in the course

3 of its activities, excluding persons who arrange for

4 the collection, transportation, management, treat5 ment, storage, or disposal of waste generated outside

6 the party states, unless approved by the commission.

7 ‘‘(7) ‘Host county’ means a county in the host

8 state in which a disposal facility is located or is

9 being developed.

10 ‘‘(8) ‘Host state’ means a party state in which

11 a compact facility is located or is being developed.

12 The State of Texas is the host state under this com13 pact.

14 ‘‘(9) ‘Institutional control period’ means that

15 period of time following closure of the facility and

16 transfer of the facility license from the operator to

17 the custodial agency in compliance with the appro18 priate regulations for long-term observation and

19 maintenance.

20 ‘‘(10) ‘Low-level radioactive waste’ has the

21 same meaning as that term is defined in Section

22 2(9) of the Act (42 U.S.C. 2021b(9)), or in the host

23 state statute so long as the waste is not incompatible

24 with management and disposal at the compact facil25 ity.
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1 ‘‘(11) ‘Management’ means collection, consoli2 dation, storage, packaging, or treatment.

3 ‘‘(12) ‘Operator’ means a person who operates

4 a disposal facility.

5 ‘‘(13) ‘Party state’ means any state that has

6 become a party in accordance with Article VII of

7 this compact. Texas, Maine, and Vermont are initial

8 party states under this compact.

9 ‘‘(14) ‘Person’ means an individual, corpora10 tion, partnership or other legal entity, whether pub11 lic or private.

12 ‘‘(15) ‘Transporter’ means a person who trans13 ports low-level radioactive waste.

14 ‘‘ARTICLE III. THE COMMISSION

15 ‘‘SEC. 3.01. There is hereby established the Texas

16 Low-Level Radioactive Waste Disposal Compact Commis17 sion. The commission shall consist of one voting member

18 from each party state except that the host state shall be

19 entitled to six voting members. Commission members shall

20 be appointed by the party state governors, as provided by

21 the laws of each party state. Each party state may provide

22 alternates for each appointed member.

23 ‘‘SEC. 3.02. A quorum of the commission consists of

24 a majority of the members. Except as otherwise provided

25 in this compact, an official act of the commission must

26 receive the affirmative vote of a majority of its members.
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1 ‘‘SEC. 3.03. The commission is a legal entity separate

2 and distinct from the party states and has governmental

3 immunity to the same extent as an entity created under

4 the authority of Article XVI, Section 59, of the Texas

5 Constitution. Members of the commission shall not be per6 sonally liable for actions taken in their official capacity.

7 The liabilities of the commission shall not be deemed li8 abilities of the party states.

9 ‘‘SEC. 3.04. The commission shall:

10 ‘‘(1) Compensate its members according to the

11 host state’s law.

12 ‘‘(2) Conduct its business, hold meetings, and

13 maintain public records pursuant to laws of the host

14 state, except that notice of public meetings shall be

15 given in the non-host party states in accordance with

16 their respective statutes.

17 ‘‘(3) Be located in the capital city of the host

18 state.

19 ‘‘(4) Meet at least once a year and upon the

20 call of the chair, or any member. The governor of

21 the host state shall appoint a chair and vice-chair.

22 ‘‘(5) Keep an accurate account of all receipts

23 and disbursements. An annual audit of the books of

24 the commission shall be conducted by an independ25 ent certified public accountant, and the audit report
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1 shall be made a part of the annual report of the

2 commission.

3 ‘‘(6) Approve a budget each year and establish

4 a fiscal year that conforms to the fiscal year of the

5 host state.

6 ‘‘(7) Prepare, adopt, and implement contin7 gency plans for the disposal and management of low8 level radioactive waste in the event that the compact

9 facility should be closed. Any plan which requires

10 the host state to store or otherwise manage the low11 level radioactive waste from all the party states must

12 be approved by at least four host state members of

13 the commission. The commission, in a contingency

14 plan or otherwise, may not require a non-host party

15 state to store low-level radioactive waste generated

16 outside of the state.

17 ‘‘(8) Submit communications to the governors

18 and to the presiding officers of the legislatures of

19 the party states regarding the activities of the com20 mission, including an annual report to be submitted

21 on or before January 31 of each year.

22 ‘‘(9) Assemble and make available to the party

23 states, and to the public, information concerning

24 low-level radioactive waste management needs, tech25 nologies, and problems.
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1 ‘‘(10) Keep a current inventory of all genera2 tors within the party states, based upon information

3 provided by the party states.

4 ‘‘(11) By no later than 180 days after all mem5 bers of the commission are appointed under Section

6 3.01 of this article, establish by rule the total vol7 ume of low-level radioactive waste that the host state

8 will dispose of in the compact facility in the years

9 1995–2045, including decommissioning waste. The

10 shipments of low-level radioactive waste from all

11 non-host party states shall not exceed 20 percent of

12 the volume estimated to be disposed of by the host

13 state during the 50-year period. When averaged over

14 such 50-year period, the total of all shipments from

15 non-host party states shall not exceed 20,000 cubic

16 feet a year. The commission shall coordinate the vol17 umes, timing, and frequency of shipments from gen18 erators in the non-host party states in order to as19 sure that over the life of this agreement shipments

20 from the non-host party states do not exceed 20 per21 cent of the volume projected by the commission

22 under this paragraph.

23 ‘‘SEC. 3.05. The commission may:

24 ‘‘(1) Employ staff necessary to carry out its du25 ties and functions. The commission is authorized to
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1 use to the extent practicable the services of existing

2 employees of the party states. Compensation shall be

3 as determined by the commission.

4 ‘‘(2) Accept any grants, equipment, supplies,

5 materials, or services, conditional or otherwise, from

6 the federal or state government. The nature, amount

7 and condition, if any, of any donation, grant or

8 other resources accepted pursuant to this paragraph

9 and the identity of the donor or grantor shall be de10 tailed in the annual report of the commission.

11 ‘‘(3) Enter into contracts to carry out its duties

12 and authority, subject to projected resources. No

13 contract made by the commission shall bind a party

14 state.

15 ‘‘(4) Adopt, by a majority vote, bylaws and

16 rules necessary to carry out the terms of this com17 pact. Any rules promulgated by the commission shall

18 be adopted in accordance with the Administrative

19 Procedure and Texas Register Act (Article 6252–

20 13a, Vernon’s Texas Civil Statutes).

21 ‘‘(5) Sue and be sued and, when authorized by

22 a majority vote of the members, seek to intervene in

23 administrative or judicial proceedings related to this

24 compact.
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1 ‘‘(6) Enter into an agreement with any person,

2 state, regional body, or group of states for the im3 portation of low-level radioactive waste into the com4 pact for management or disposal, provided that the

5 agreement receives a majority vote of the commis6 sion. The commission may adopt such conditions

7 and restrictions in the agreement as it deems advis8 able.

9 ‘‘(7) Upon petition, allow an individual genera10 tor, a group of generators, or the host state of the

11 compact, to export low-level waste to a low-level ra12 dioactive waste disposal facility located outside the

13 party states. The commission may approve the peti14 tion only by a majority vote of its members. The

15 permission to export low-level radioactive waste shall

16 be effective for that period of time and for the speci17 fied amount of low-level radioactive waste, and sub18 ject to any other term or condition, as is determined

19 by the commission.

20 ‘‘(8) Monitor the exportation outside of the

21 party states of material, which otherwise meets the

22 criteria of low-level radioactive waste, where the sole

23 purpose of the exportation is to manage or process

24 the material for recycling or waste reduction and re-
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1 turn it to the party states for disposal in the com2 pact facility.

3 ‘‘SEC. 3.06. Jurisdiction and venue of any action con4 testing any action of the commission shall be in the United

5 States District Court in the district where the commission

6 maintains its office.

7 ‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND

8 OBLIGATIONS OF PARTY STATES

9 ‘‘SEC. 4.01. The host state shall develop and have

10 full administrative control over the development, manage11 ment and operation of a facility for the disposal of low12 level radioactive waste generated within the party states.

13 The host state shall be entitled to unlimited use of the

14 facility over its operating life. Use of the facility by the

15 non-host party states for disposal of low-level radioactive

16 waste, including such waste resulting from decommission17 ing of any nuclear electric generation facilities located in

18 the party states, is limited to the volume requirements of

19 Section 3.04(11) of Article III.

20 ‘‘SEC. 4.02. Low-level radioactive waste generated

21 within the party states shall be disposed of only at the

22 compact facility, except as provided in Section 3.05(7) of

23 Article III.

24 ‘‘SEC. 4.03. The initial states of this compact cannot

25 be members of another low-level radioactive waste compact

26 entered into pursuant to the Act.
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1 ‘‘SEC. 4.04. The host state shall do the following:

2 ‘‘(1) Cause a facility to be developed in a timely

3 manner and operated and maintained through the

4 institutional control period.

5 ‘‘(2) Ensure, consistent with any applicable fed6 eral and host state laws, the protection and preser7 vation of the environment and the public health and

8 safety in the siting, design, development, licensing,

9 regulation, operation, closure, decommissioning, and

10 long-term care of the disposal facilities within the

11 host state.

12 ‘‘(3) Close the facility when reasonably nec13 essary to protect the public health and safety of its

14 citizens or to protect its natural resources from

15 harm. However, the host state shall notify the com16 mission of the closure within three days of its action

17 and shall, within 30 working days of its action, pro18 vide a written explanation to the commission of the

19 closure, and implement any adopted contingency

20 plan.

21 ‘‘(4) Establish reasonable fees for disposal at

22 the facility of low-level radioactive waste generated

23 in the party states based on disposal fee criteria set

24 out in Sections 402.272 and 402.273, Texas Health

25 and Safety Code. The same fees shall be charged for
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1 the disposal of low-level radioactive waste that was

2 generated in the host state and in the non-host

3 party states. Fees shall also be sufficient to reason4 ably support the activities of the Commission.

5 ‘‘(5) Submit an annual report to the commis6 sion on the status of the facility, including projec7 tions of the facility’s anticipated future capacity, and

8 on the related funds.

9 ‘‘(6) Notify the Commission immediately upon

10 the occurrence of any event which could cause a pos11 sible temporary or permanent closure of the facility

12 and identify all reasonable options for the disposal

13 of low-level radioactive waste at alternate compact

14 facilities or, by arrangement and Commission vote,

15 at noncompact facilities.

16 ‘‘(7) Promptly notify the other party states of

17 any legal action involving the facility.

18 ‘‘(8) Identify and regulate, in accordance with

19 federal and host state law, the means and routes of

20 transportation of low-level radioactive waste in the

21 host state.

22 ‘‘SEC. 4.05. Each party state shall do the following:

23 ‘‘(1) Develop and enforce procedures requiring

24 low-level radioactive waste shipments originating

25 within its borders and destined for the facility to
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1 conform to packaging, processing, and waste from

2 specifications of the host state.

3 ‘‘(2) Maintain a registry of all generators with4 in the state that may have low-level radioactive

5 waste to be disposed of at a facility, including, but

6 not limited to, the amount of low-level radioactive

7 waste and the class of low-level radioactive waste

8 generated by each generator.

9 ‘‘(3) Develop and enforce procedures requiring

10 generators within its borders to minimize the volume

11 of low-level radioactive waste requiring disposal.

12 Nothing in this compact shall prohibit the storage,

13 treatment, or management of waste by a generator.

14 ‘‘(4) Provide the commission with any data and

15 information necessary for the implementation of the

16 commission’s responsibilities, including taking those

17 actions necessary to obtain this data or information.

18 ‘‘(5) Pay for community assistance projects des19 ignated by the host county in an amount for each

20 non-host party state equal to 10 percent of the pay21 ment provided for in Article V for each such state.

22 One-half of the payment shall be due and payable to

23 the host county on the first day of the month follow24 ing ratification of this compact agreement by Con25 gress and one-half of the payment shall be due and
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1 payable on the first day of the month following the

2 approval of a facility operating license by the host

3 state’s regulatory body.

4 ‘‘(6) Provide financial support for the commis5 sion’s activities prior to the date of facility operation

6 and subsequent to the date of congressional ratifica7 tion of this compact under Section 7.07 of Article

8 VII. Each party state will be responsible for annual

9 payments equalling its pro-rata share of the commis10 sion’s expenses, incurred for administrative, legal,

11 and other purposes of the commission.

12 ‘‘(7) If agreed by all parties to a dispute, sub13 mit the dispute to arbitration or other alternate dis14 pute resolution process. If arbitration is agreed

15 upon, the governor of each party state shall appoint

16 an arbitrator. If the number of party states is an

17 even number, the arbitrators so chosen shall appoint

18 an additional arbitrator. The determination of a ma19 jority of the arbitrators shall be binding on the party

20 states. Arbitration proceedings shall be conducted in

21 accordance with the provisions of 9 U.S.C. Sections

22 1 to 16. If all parties to a dispute do not agree to

23 arbitration or alternate dispute resolution process,

24 the United States District Court in the district

25 where the commission maintains its office shall have
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1 original jurisdiction over any action between or

2 among parties to this compact.

3 ‘‘(8) Provide on a regular basis to the commis4 sion and host state—

5 ‘‘(A) an accounting of waste shipped and

6 proposed to be shipped to the compact facility,

7 by volume and curies;

8 ‘‘(B) proposed transportation methods and

9 routes; and

10 ‘‘(C) proposed shipment schedules.

11 ‘‘(9) Seek to join in any legal action by or

12 against the host state to prevent nonparty states or

13 generators from disposing of low-level radioactive

14 waste at the facility.

15 ‘‘SEC. 4.06. Each party state shall act in good faith

16 and may rely on the good faith performance of the other

17 party states regarding requirements of this compact.

18 ‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS

19 ‘‘SEC. 5.01. Each party state, except the host state,

20 shall contribute a total of $25 million to the host state.

21 Payments shall be deposited in the host state treasury to

22 the credit of the low-level waste fund in the following man23 ner except as otherwise provided. Not later than the 60th

24 day after the date of congressional ratification of this com25 pact, each non-host party state shall pay to the host state

26 $12.5 million. Not later than the 60th day after the date
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1 of the opening of the compact facility, each non-host party

2 state shall pay to the host state an additional $12.5 mil3 lion.

4 ‘‘SEC. 5.02. As an alternative, the host state and the

5 non-host states may provide for payments in the same

6 total amount as stated above to be made to meet the prin7 cipal and interest expense associated with the bond indebt8 edness or other form of indebtedness issued by the appro9 priate agency of the host state for purposes associated

10 with the development, operation, and post-closure monitor11 ing of the compact facility. In the event the member states

12 proceed in this manner, the payment schedule shall be de13 termined in accordance with the schedule of debt repay14 ment. This schedule shall replace the payment schedule

15 described in Section 5.01 of this article.

16 ‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES

17 ‘‘SEC. 6.01. No person shall dispose of low-level ra18 dioactive waste generated within the party states unless

19 the disposal is at the compact facility, except as otherwise

20 provided in Section 3.05(7) of Article III.

21 ‘‘SEC. 6.02. No person shall manage or dispose of any

22 low-level radioactive waste within the party states unless

23 the low-level radioactive waste was generated within the

24 party states, except as provided in Section 3.05(6) of Arti25 cle III. Nothing herein shall be construed to prohibit the

26 storage or management of low-level radioactive waste by
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1 a generator, nor its disposal pursuant to 10 C.F.R. Part

2 20.302.

3 ‘‘SEC. 6.03. Violations of this article may result in

4 prohibiting the violator from disposing of low-level radio5 active waste in the compact facility, or in the imposition

6 of penalty surcharges on shipments to the facility, as de7 termined by the commission.

8 ‘‘ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT;

9 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION

10 ‘‘SEC. 7.01. The states of Texas, Maine, and Vermont

11 are party states to this compact. Any other state may be

12 made eligible for party status by a majority vote of the

13 commission and ratification by the legislature of the host

14 state, subject to fulfillment of the rights of the initial non15 host party states under Section 3.04(11) of Article III and

16 Section 4.01 of Article IV, and upon compliance with

17 those terms and conditions for eligibility that the host

18 state may establish. The host state may establish all terms

19 and conditions for the entry of any state, other than the

20 states named in this section, as a member of this compact;

21 provided, however, the specific provisions of this compact,

22 except for those pertaining to the composition of the com23 mission and those pertaining to Section 7.09 of this arti24 cle, may not be changed except upon ratification by the

25 legislatures of the party states.
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1 ‘‘SEC. 7.02. Upon compliance with the other provi2 sions of this compact, a state made eligible under Section

3 7.01 of this article may become a party state by legislative

4 enactment of this compact or by executive order of the

5 governor of the state adopting this compact. A state be6 coming a party state by executive order shall cease to be

7 a party state upon adjournment of the first general session

8 of its legislature convened after the executive order is is9 sued, unless before the adjournment, the legislature enacts

10 this compact.

11 ‘‘SEC. 7.03. Any party state may withdraw from this

12 compact by repealing enactment of this compact subject

13 to the provisions herein. In the event the host state allows

14 an additional state or additional states to join the com15 pact, the host state’s legislature, without the consent of

16 the non-host party states, shall have the right to modify

17 the composition of the commission so that the host state

18 shall have a voting majority on the commission, provided,

19 however, that any modification maintains the right of each

20 initial party state to retain one voting member on the com21 mission.

22 ‘‘SEC. 7.04. If the host state withdraws from the

23 compact, the withdrawal shall not become effective until

24 five years after enactment of the repealing legislation and

25 the non-host party states may continue to use the facility
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1 during that time. The financial obligation of the non-host

2 party states under Article V shall cease immediately upon

3 enactment of the repealing legislation. If the host state

4 withdraws from the compact or abandons plans to operate

5 a facility prior to the date of any non-host party state pay6 ment under Sections 4.05(5) and (6) of Article IV or Arti7 cle V, the non-host party states are relieved of any obliga8 tions to make the contributions. This section sets out the

9 exclusive remedies for the non-host party states if the host

10 state withdraws from the compact or is unable to develop

11 and operate a compact facility.

12 ‘‘SEC. 7.05. A party state, other than the host state,

13 may withdraw from the compact by repealing the enact14 ment of this compact, but this withdrawal shall not be15 come effective until two years after the effective date of

16 the repealing legislation. During this two-year period the

17 party state will continue to have access to the facility. The

18 withdrawing party shall remain liable for any payments

19 under Sections 4.05(5) and (6) of Article IV that were

20 due during the two-year period, and shall not be entitled

21 to any refund of payments previously made.

22 ‘‘SEC. 7.06. Any party state that substantially fails

23 to comply with the terms of the compact or to fulfill its

24 obligations hereunder may have its membership in the

25 compact revoked by a seven-eighths vote of the commis-
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1 sion following notice that a hearing will be scheduled not

2 less than six months from the date of the notice. In all

3 other respects, revocation proceedings undertaken by the

4 commission will be subject to the Administrative Proce5 dure and Texas Register Act (Article 6252–13a, Vernon’s

6 Texas Civil Statutes), except that a party state may ap7 peal the commission’s revocation decision to the United

8 States District Court in accordance with Section 3.06 of

9 Article III. Revocation shall take effect one year from the

10 date such party state receives written notice from the com11 mission of a final action. Written notice of revocation shall

12 be transmitted immediately following the vote of the com13 mission, by the chair, to the governor of the affected party

14 state, all other governors of party states, and to the Unit15 ed States Congress.

16 ‘‘SEC. 7.07. This compact shall take effect following

17 its enactment under the laws of the host state and any

18 other party state and thereafter upon the consent of the

19 United States Congress and shall remain in effect until

20 otherwise provided by federal law. If Texas and either

21 Maine or Vermont ratify this compact, the compact shall

22 be in full force and effect as to Texas and the other ratify23 ing state, and this compact shall be interpreted as follows:

24 ‘‘(1) Texas and the other ratifying state are the

25 initial party states.
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1 ‘‘(2) The commission shall consist of two voting

2 members from the other ratifying state and six from

3 Texas.

4 ‘‘(3) Each party state is responsible for its pro5 rata share of the commission’s expenses.

6 ‘‘SEC. 7.08. This compact is subject to review by the

7 United States Congress and the withdrawal of the consent

8 of Congress every five years after its effective date, pursu9 ant to federal law.

10 ‘‘SEC. 7.09. The host state legislature, with the ap11 proval of the governor, shall have the right and authority,

12 without the consent of the non-host party states, to modify

13 the provisions contained in Section 3.04(11) of Article III

14 to comply with Section 402.219(c)(1), Texas Health &

15 Safety Code, as long as the modification does not impair

16 the rights of the initial non-host party states.

17 ‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

18 ‘‘SEC. 8.01. The provisions of this compact shall be

19 broadly construed to carry out the purposes of the com20 pact, but the sovereign powers of a party shall not be in21 fringed upon unnecessarily.

22 ‘‘SEC. 8.02. This compact does not affect any judicial

23 proceeding pending on the effective date of this compact.

24 ‘‘SEC. 8.03. No party state acquires any liability, by

25 joining this compact, resulting from the siting, operation,

26 maintenance, long-term care or any other activity relating
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1 to the compact facility. No non-host party state shall be

2 liable for any harm or damage from the siting, operation,

3 maintenance, or long-term care relating to the compact

4 facility. Except as otherwise expressly provided in this

5 compact, nothing in this compact shall be construed to

6 alter the incidence of liability of any kind for any act or

7 failure to act. Generators, transporters, owners and opera8 tors of facility shall be liable for their acts, omissions, con9 duct or relationships in accordance with applicable law.

10 By entering into this compact and securing the ratification

11 by Congress of its terms, no party state acquires a poten12 tial liability under section 5(d)(2)(C) of the Act (42 U.S.C.

13 Sec. 2021e(d)(2)(C)) that did not exist prior to entering

14 into this compact.

15 ‘‘SEC. 8.04. If a party state withdraws from the com16 pact pursuant to Section 7.03 of Article VII or has its

17 membership in this compact revoked pursuant to section

18 7.06 of Article VII, the withdrawal or revocation shall not

19 affect any liability already incurred by or chargeable to

20 the affected state under Section 8.03 of this article.

21 ‘‘SEC. 8.05. The provisions of this compact shall be

22 severable and if any phrase, clause, sentence, or provision

23 of this compact is declared by a court of competent juris24 diction to be contrary to the constitution of any participat25 ing state or of the United States or the applicability there-
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1 of to any government, agency, person or circumstances is

2 held invalid, the validity of the remainder of this compact

3 and the applicability thereof to any government, agency,

4 person, or circumstance shall not be affected thereby to

5 the extent the remainder can in all fairness be given effect.

6 If any provision of this compact shall be held contrary to

7 the constitution of any state participating therein, the

8 compact shall remain in full force and effect as to the state

9 affected as to all severable matters.

10 ‘‘SEC. 8.06. Nothing in this compact diminishes or

11 otherwise impairs the jurisdiction, authority, or discretion

12 of either of the following:

13 ‘‘(1) The United States Nuclear Regulatory

14 Commission pursuant to the Atomic Energy Act of

15 1954, as amended (42 U.S.C. Sec. 2011 et seq.).

16 ‘‘(2) An agreement state under section 274 of

17 the Atomic Energy Act of 1954, as amended (42

18 U.S.C. Sec. 2021).

19 ‘‘SEC. 8.07. Nothing in this compact confers any new

20 authority on the states or commission to do any of the

21 following:

22 ‘‘(1) Regulate the packaging or transportation

23 of low-level radioactive waste in a manner inconsist24 ent with the regulations of the United States Nu-
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•S 2222 IS

1 clear Regulatory Commission or the United States

2 Department of Transportation.

3 ‘‘(2) Regulate health, safety, or environmental

4 hazards from source, by-product, or special nuclear

5 material.

6 ‘‘(3) Inspect the activities of licensees of the

7 agreement states or of the United States Nuclear

8 Regulatory Commission.’’.

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S 2222 IS——3