Calendar No. 556

103D CONGRESS

2D SESSION S. 2222

A BILL

To grant the consent of Congress to the Texas

Low-Level Radioactive Waste Disposal Compact.

AUGUST 11, 1994

Reported without amendment
II

Calendar No. 556

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

AUGUST 11, 1994

Reported by Mr. BIDEN, without amendment

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’’.
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1 SEC. 2. CONGRESSIONAL FINDING.

2 Congress finds that the compact set forth in section

3 5 is in furtherance of the Low-Level Radioactive Waste

4 Policy Act (42 U.S.C. 2021b et seq.).

5 SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

6 The consent of Congress to the compact set forth in

7 section 5—

8 (1) shall become effective on the date of the en9 actment of this Act;

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

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

12 2021b et seq.); and

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

14 commission established in the compact complies with

15 all of the provisions of such Act.

16 SEC. 4. CONGRESSIONAL REVIEW.

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

18 respect to the compact set forth in section 5 after the expi19 ration of the 10-year period following the date of enact20 ment of this Act, and at such intervals thereafter as may

21 be provided in such compact.

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

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

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

25 Act (42 U.S.C. 2021d(a)(2)), the consent of Congress is
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1 given to the States of Texas, Maine, and Vermont to enter

2 into such compact.

3 (b) TEXT OF COMPACT.—Such compact reads sub4 stantially as follows:

5 ‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

6 COMPACT

7 ‘‘ARTICLE I. POLICY AND PURPOSE

8 ‘‘SEC. 1.01. The party states recognize a responsibil9 ity for each state to seek to manage low-level radioactive

10 waste generated within its boundaries, pursuant to the

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

12 the Low-Level Radioactive Waste Policy Amendments Act

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

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

15 authorized and encouraged states to enter into compacts

16 for the efficient management and disposal of low-level ra17 dioactive waste. It is the policy of the party states to co18 operate in the protection of the health, safety, and welfare

19 of their citizens and the environment and to provide for

20 and encourage the economical management and disposal

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

22 compact to provide the framework for such a cooperative

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

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

25 the number of facilities needed to effectively, efficiently,

26 and economically manage low-level radioactive waste and
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1 to encourage the reduction of the generation thereof; and

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

3 party states; all in accordance with the terms of this com4 pact.

5 ‘‘ARTICLE II. DEFINITIONS

6 ‘‘SEC. 2.01. As used in this compact, unless the con7 text clearly indicates otherwise, the following definitions

8 apply:

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

10 Waste Policy Act, as amended by the Low-Level Ra11 dioactive Waste Policy Amendments Act of 1985 (42

12 U.S.C. 2021b–2021j).

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

14 Radioactive Waste Disposal Compact Commission

15 established in Article III of this compact.

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

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

18 provided by the host state for the purpose of man19 agement or disposal of low-level radioactive waste for

20 which the party states are responsible.

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

22 of low-level radioactive waste pursuant to require23 ments established by the United States Nuclear Reg24 ulatory Commission and the United States Environ25 mental Protection Agency under applicable laws, or

26 by the host state.
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1 ‘‘(5) ‘Generate,’ when used in relation to low2 level radioactive waste, means to produce low-level

3 radioactive waste.

4 ‘‘(6) ‘Generator’ means a person who produces

5 or processes low-level radioactive waste in the course

6 of its activities, excluding persons who arrange for

7 the collection, transportation, management, treat8 ment, storage, or disposal of waste generated outside

9 the party states, unless approved by the commission.

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

11 state in which a disposal facility is located or is

12 being developed.

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

14 a compact facility is located or is being developed.

15 The State of Texas is the host state under this com16 pact.

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

18 period of time following closure of the facility and

19 transfer of the facility license from the operator to

20 the custodial agency in compliance with the appro21 priate regulations for long-term observation and

22 maintenance.

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

24 same meaning as that term is defined in Section

25 2(9) of the Act (42 U.S.C. 2021b(9)), or in the host
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1 state statute so long as the waste is not incompatible

2 with management and disposal at the compact facil3 ity.

4 ‘‘(11) ‘Management’ means collection, consoli5 dation, storage, packaging, or treatment.

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

7 a disposal facility.

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

9 become a party in accordance with Article VII of

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

11 party states under this compact.

12 ‘‘(14) ‘Person’ means an individual, corpora13 tion, partnership or other legal entity, whether pub14 lic or private.

15 ‘‘(15) ‘Transporter’ means a person who trans16 ports low-level radioactive waste.

17 ‘‘ARTICLE III. THE COMMISSION

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

19 Low-Level Radioactive Waste Disposal Compact Commis20 sion. The commission shall consist of one voting member

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

22 entitled to six voting members. Commission members shall

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

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

25 alternates for each appointed member.
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1 ‘‘SEC. 3.02. A quorum of the commission consists of

2 a majority of the members. Except as otherwise provided

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

4 receive the affirmative vote of a majority of its members.

5 ‘‘SEC. 3.03. The commission is a legal entity separate

6 and distinct from the party states and has governmental

7 immunity to the same extent as an entity created under

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

9 Constitution. Members of the commission shall not be per10 sonally liable for actions taken in their official capacity.

11 The liabilities of the commission shall not be deemed li12 abilities of the party states.

13 ‘‘SEC. 3.04. The commission shall:

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

15 host state’s law.

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

17 maintain public records pursuant to laws of the host

18 state, except that notice of public meetings shall be

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

20 their respective statutes.

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

22 state.

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

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

25 the host state shall appoint a chair and vice-chair.
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1 ‘‘(5) Keep an accurate account of all receipts

2 and disbursements. An annual audit of the books of

3 the commission shall be conducted by an independ4 ent certified public accountant, and the audit report

5 shall be made a part of the annual report of the

6 commission.

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

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

9 host state.

10 ‘‘(7) Prepare, adopt, and implement contin11 gency plans for the disposal and management of low12 level radioactive waste in the event that the compact

13 facility should be closed. Any plan which requires

14 the host state to store or otherwise manage the low15 level radioactive waste from all the party states must

16 be approved by at least four host state members of

17 the commission. The commission, in a contingency

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

19 state to store low-level radioactive waste generated

20 outside of the state.

21 ‘‘(8) Submit communications to the governors

22 and to the presiding officers of the legislatures of

23 the party states regarding the activities of the com24 mission, including an annual report to be submitted

25 on or before January 31 of each year.
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1 ‘‘(9) Assemble and make available to the party

2 states, and to the public, information concerning

3 low-level radioactive waste management needs, tech4 nologies, and problems.

5 ‘‘(10) Keep a current inventory of all genera6 tors within the party states, based upon information

7 provided by the party states.

8 ‘‘(11) By no later than 180 days after all mem9 bers of the commission are appointed under Section

10 3.01 of this article, establish by rule the total vol11 ume of low-level radioactive waste that the host state

12 will dispose of in the compact facility in the years

13 1995–2045, including decommissioning waste. The

14 shipments of low-level radioactive waste from all

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

16 the volume estimated to be disposed of by the host

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

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

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

20 feet a year. The commission shall coordinate the vol21 umes, timing, and frequency of shipments from gen22 erators in the non-host party states in order to as23 sure that over the life of this agreement shipments

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

2 under this paragraph.

3 ‘‘SEC. 3.05. The commission may:

4 ‘‘(1) Employ staff necessary to carry out its du5 ties and functions. The commission is authorized to

6 use to the extent practicable the services of existing

7 employees of the party states. Compensation shall be

8 as determined by the commission.

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

10 materials, or services, conditional or otherwise, from

11 the federal or state government. The nature, amount

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

13 other resources accepted pursuant to this paragraph

14 and the identity of the donor or grantor shall be de15 tailed in the annual report of the commission.

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

17 and authority, subject to projected resources. No

18 contract made by the commission shall bind a party

19 state.

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

21 rules necessary to carry out the terms of this com22 pact. Any rules promulgated by the commission shall

23 be adopted in accordance with the Administrative

24 Procedure and Texas Register Act (Article 6252–

25 13a, Vernon’s Texas Civil Statutes).
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1 ‘‘(5) Sue and be sued and, when authorized by

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

3 administrative or judicial proceedings related to this

4 compact.

5 ‘‘(6) Enter into an agreement with any person,

6 state, regional body, or group of states for the im7 portation of low-level radioactive waste into the com8 pact for management or disposal, provided that the

9 agreement receives a majority vote of the commis10 sion. The commission may adopt such conditions

11 and restrictions in the agreement as it deems advis12 able.

13 ‘‘(7) Upon petition, allow an individual genera14 tor, a group of generators, or the host state of the

15 compact, to export low-level waste to a low-level ra16 dioactive waste disposal facility located outside the

17 party states. The commission may approve the peti18 tion only by a majority vote of its members. The

19 permission to export low-level radioactive waste shall

20 be effective for that period of time and for the speci21 fied amount of low-level radioactive waste, and sub22 ject to any other term or condition, as is determined

23 by the commission.

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

25 party states of material, which otherwise meets the
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1 criteria of low-level radioactive waste, where the sole

2 purpose of the exportation is to manage or process

3 the material for recycling or waste reduction and re4 turn it to the party states for disposal in the com5 pact facility.

6 ‘‘SEC. 3.06. Jurisdiction and venue of any action con7 testing any action of the commission shall be in the United

8 States District Court in the district where the commission

9 maintains its office.

10 ‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND

11 OBLIGATIONS OF PARTY STATES

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

13 full administrative control over the development, manage14 ment and operation of a facility for the disposal of low15 level radioactive waste generated within the party states.

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

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

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

19 waste, including such waste resulting from decommission20 ing of any nuclear electric generation facilities located in

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

22 Section 3.04(11) of Article III.

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

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

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

26 Article III.
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1 ‘‘SEC. 4.03. The initial states of this compact cannot

2 be members of another low-level radioactive waste compact

3 entered into pursuant to the Act.

4 ‘‘SEC. 4.04. The host state shall do the following:

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

6 manner and operated and maintained through the

7 institutional control period.

8 ‘‘(2) Ensure, consistent with any applicable fed9 eral and host state laws, the protection and preser10 vation of the environment and the public health and

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

12 regulation, operation, closure, decommissioning, and

13 long-term care of the disposal facilities within the

14 host state.

15 ‘‘(3) Close the facility when reasonably nec16 essary to protect the public health and safety of its

17 citizens or to protect its natural resources from

18 harm. However, the host state shall notify the com19 mission of the closure within three days of its action

20 and shall, within 30 working days of its action, pro21 vide a written explanation to the commission of the

22 closure, and implement any adopted contingency

23 plan.

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

25 the facility of low-level radioactive waste generated
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1 in the party states based on disposal fee criteria set

2 out in Sections 402.272 and 402.273, Texas Health

3 and Safety Code. The same fees shall be charged for

4 the disposal of low-level radioactive waste that was

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

6 party states. Fees shall also be sufficient to reason7 ably support the activities of the Commission.

8 ‘‘(5) Submit an annual report to the commis9 sion on the status of the facility, including projec10 tions of the facility’s anticipated future capacity, and

11 on the related funds.

12 ‘‘(6) Notify the Commission immediately upon

13 the occurrence of any event which could cause a pos14 sible temporary or permanent closure of the facility

15 and identify all reasonable options for the disposal

16 of low-level radioactive waste at alternate compact

17 facilities or, by arrangement and Commission vote,

18 at noncompact facilities.

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

20 any legal action involving the facility.

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

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

23 transportation of low-level radioactive waste in the

24 host state.

25 ‘‘SEC. 4.05. Each party state shall do the following:
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1 ‘‘(1) Develop and enforce procedures requiring

2 low-level radioactive waste shipments originating

3 within its borders and destined for the facility to

4 conform to packaging, processing, and waste from

5 specifications of the host state.

6 ‘‘(2) Maintain a registry of all generators with7 in the state that may have low-level radioactive

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

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

10 waste and the class of low-level radioactive waste

11 generated by each generator.

12 ‘‘(3) Develop and enforce procedures requiring

13 generators within its borders to minimize the volume

14 of low-level radioactive waste requiring disposal.

15 Nothing in this compact shall prohibit the storage,

16 treatment, or management of waste by a generator.

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

18 information necessary for the implementation of the

19 commission’s responsibilities, including taking those

20 actions necessary to obtain this data or information.

21 ‘‘(5) Pay for community assistance projects des22 ignated by the host county in an amount for each

23 non-host party state equal to 10 percent of the pay24 ment provided for in Article V for each such state.

25 One-half of the payment shall be due and payable to
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1 the host county on the first day of the month follow2 ing ratification of this compact agreement by Con3 gress and one-half of the payment shall be due and

4 payable on the first day of the month following the

5 approval of a facility operating license by the host

6 state’s regulatory body.

7 ‘‘(6) Provide financial support for the commis8 sion’s activities prior to the date of facility operation

9 and subsequent to the date of congressional ratifica10 tion of this compact under Section 7.07 of Article

11 VII. Each party state will be responsible for annual

12 payments equalling its pro-rata share of the commis13 sion’s expenses, incurred for administrative, legal,

14 and other purposes of the commission.

15 ‘‘(7) If agreed by all parties to a dispute, sub16 mit the dispute to arbitration or other alternate dis17 pute resolution process. If arbitration is agreed

18 upon, the governor of each party state shall appoint

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

20 even number, the arbitrators so chosen shall appoint

21 an additional arbitrator. The determination of a ma22 jority of the arbitrators shall be binding on the party

23 states. Arbitration proceedings shall be conducted in

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

25 1 to 16. If all parties to a dispute do not agree to
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1 arbitration or alternate dispute resolution process,

2 the United States District Court in the district

3 where the commission maintains its office shall have

4 original jurisdiction over any action between or

5 among parties to this compact.

6 ‘‘(8) Provide on a regular basis to the commis7 sion and host state—

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

9 proposed to be shipped to the compact facility,

10 by volume and curies;

11 ‘‘(B) proposed transportation methods and

12 routes; and

13 ‘‘(C) proposed shipment schedules.

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

15 against the host state to prevent nonparty states or

16 generators from disposing of low-level radioactive

17 waste at the facility.

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

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

20 party states regarding requirements of this compact.

21 ‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS

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

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

24 Payments shall be deposited in the host state treasury to

25 the credit of the low-level waste fund in the following man26 ner except as otherwise provided. Not later than the 60th
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1 day after the date of congressional ratification of this com2 pact, each non-host party state shall pay to the host state

3 $12.5 million. Not later than the 60th day after the date

4 of the opening of the compact facility, each non-host party

5 state shall pay to the host state an additional $12.5 mil6 lion.

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

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

9 total amount as stated above to be made to meet the prin10 cipal and interest expense associated with the bond indebt11 edness or other form of indebtedness issued by the appro12 priate agency of the host state for purposes associated

13 with the development, operation, and post-closure monitor14 ing of the compact facility. In the event the member states

15 proceed in this manner, the payment schedule shall be de16 termined in accordance with the schedule of debt repay17 ment. This schedule shall replace the payment schedule

18 described in Section 5.01 of this article.

19 ‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES

20 ‘‘SEC. 6.01. No person shall dispose of low-level ra21 dioactive waste generated within the party states unless

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

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

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

25 low-level radioactive waste within the party states unless

26 the low-level radioactive waste was generated within the
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1 party states, except as provided in Section 3.05(6) of Arti2 cle III. Nothing herein shall be construed to prohibit the

3 storage or management of low-level radioactive waste by

4 a generator, nor its disposal pursuant to 10 C.F.R. Part

5 20.302.

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

7 prohibiting the violator from disposing of low-level radio8 active waste in the compact facility, or in the imposition

9 of penalty surcharges on shipments to the facility, as de10 termined by the commission.

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

12 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION

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

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

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

16 commission and ratification by the legislature of the host

17 state, subject to fulfillment of the rights of the initial non18 host party states under Section 3.04(11) of Article III and

19 Section 4.01 of Article IV, and upon compliance with

20 those terms and conditions for eligibility that the host

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

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

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

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

25 except for those pertaining to the composition of the com26 mission and those pertaining to Section 7.09 of this arti-
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1 cle, may not be changed except upon ratification by the

2 legislatures of the party states.

3 ‘‘SEC. 7.02. Upon compliance with the other provi4 sions of this compact, a state made eligible under Section

5 7.01 of this article may become a party state by legislative

6 enactment of this compact or by executive order of the

7 governor of the state adopting this compact. A state be8 coming a party state by executive order shall cease to be

9 a party state upon adjournment of the first general session

10 of its legislature convened after the executive order is is11 sued, unless before the adjournment, the legislature enacts

12 this compact.

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

14 compact by repealing enactment of this compact subject

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

16 an additional state or additional states to join the com17 pact, the host state’s legislature, without the consent of

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

19 the composition of the commission so that the host state

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

21 however, that any modification maintains the right of each

22 initial party state to retain one voting member on the com23 mission.

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

25 compact, the withdrawal shall not become effective until
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1 five years after enactment of the repealing legislation and

2 the non-host party states may continue to use the facility

3 during that time. The financial obligation of the non-host

4 party states under Article V shall cease immediately upon

5 enactment of the repealing legislation. If the host state

6 withdraws from the compact or abandons plans to operate

7 a facility prior to the date of any non-host party state pay8 ment under Sections 4.05(5) and (6) of Article IV or Arti9 cle V, the non-host party states are relieved of any obliga10 tions to make the contributions. This section sets out the

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

12 state withdraws from the compact or is unable to develop

13 and operate a compact facility.

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

15 may withdraw from the compact by repealing the enact16 ment of this compact, but this withdrawal shall not be17 come effective until two years after the effective date of

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

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

20 withdrawing party shall remain liable for any payments

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

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

23 to any refund of payments previously made.

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

25 to comply with the terms of the compact or to fulfill its
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1 obligations hereunder may have its membership in the

2 compact revoked by a seven-eighths vote of the commis3 sion following notice that a hearing will be scheduled not

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

5 other respects, revocation proceedings undertaken by the

6 commission will be subject to the Administrative Proce7 dure and Texas Register Act (Article 6252–13a, Vernon’s

8 Texas Civil Statutes), except that a party state may ap9 peal the commission’s revocation decision to the United

10 States District Court in accordance with Section 3.06 of

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

12 date such party state receives written notice from the com13 mission of a final action. Written notice of revocation shall

14 be transmitted immediately following the vote of the com15 mission, by the chair, to the governor of the affected party

16 state, all other governors of party states, and to the Unit17 ed States Congress.

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

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

20 other party state and thereafter upon the consent of the

21 United States Congress and shall remain in effect until

22 otherwise provided by federal law. If Texas and either

23 Maine or Vermont ratify this compact, the compact shall

24 be in full force and effect as to Texas and the other ratify25 ing state, and this compact shall be interpreted as follows:
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1 ‘‘(1) Texas and the other ratifying state are the

2 initial party states.

3 ‘‘(2) The commission shall consist of two voting

4 members from the other ratifying state and six from

5 Texas.

6 ‘‘(3) Each party state is responsible for its pro7 rata share of the commission’s expenses.

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

9 United States Congress and the withdrawal of the consent

10 of Congress every five years after its effective date, pursu11 ant to federal law.

12 ‘‘SEC. 7.09. The host state legislature, with the ap13 proval of the governor, shall have the right and authority,

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

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

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

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

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

19 ‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

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

21 broadly construed to carry out the purposes of the com22 pact, but the sovereign powers of a party shall not be in23 fringed upon unnecessarily.

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

25 proceeding pending on the effective date of this compact.
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1 ‘‘SEC. 8.03. No party state acquires any liability, by

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

3 maintenance, long-term care or any other activity relating

4 to the compact facility. No non-host party state shall be

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

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

7 facility. Except as otherwise expressly provided in this

8 compact, nothing in this compact shall be construed to

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

10 failure to act. Generators, transporters, owners and opera11 tors of facility shall be liable for their acts, omissions, con12 duct or relationships in accordance with applicable law.

13 By entering into this compact and securing the ratification

14 by Congress of its terms, no party state acquires a poten15 tial liability under section 5(d)(2)(C) of the Act (42 U.S.C.

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

17 into this compact.

18 ‘‘SEC. 8.04. If a party state withdraws from the com19 pact pursuant to Section 7.03 of Article VII or has its

20 membership in this compact revoked pursuant to section

21 7.06 of Article VII, the withdrawal or revocation shall not

22 affect any liability already incurred by or chargeable to

23 the affected state under Section 8.03 of this article.

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

25 severable and if any phrase, clause, sentence, or provision
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1 of this compact is declared by a court of competent juris2 diction to be contrary to the constitution of any participat3 ing state or of the United States or the applicability there4 of to any government, agency, person or circumstances is

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

6 and the applicability thereof to any government, agency,

7 person, or circumstance shall not be affected thereby to

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

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

10 the constitution of any state participating therein, the

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

12 affected as to all severable matters.

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

14 otherwise impairs the jurisdiction, authority, or discretion

15 of either of the following:

16 ‘‘(1) The United States Nuclear Regulatory

17 Commission pursuant to the Atomic Energy Act of

18 1954, as amended (42 U.S.C. Sec. 2011 et seq.).

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

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

21 U.S.C. Sec. 2021).

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

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

24 following:
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1 ‘‘(1) Regulate the packaging or transportation

2 of low-level radioactive waste in a manner inconsist3 ent with the regulations of the United States Nu4 clear Regulatory Commission or the United States

5 Department of Transportation.

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

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

8 material.

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

10 agreement states or of the United States Nuclear

11 Regulatory Commission.’’.

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