Calendar No. 197

105TH CONGRESS

1ST SESSION H. R. 629

AN ACT

To grant the consent of the Congress to the Texas

Low-Level Radioactive Waste Disposal Compact.

OCTOBER 8, 1997

Received; read twice and placed on the calendar
II

Calendar No. 197

105TH CONGRESS

1ST SESSION H. R. 629

IN THE SENATE OF THE UNITED STATES

OCTOBER 8, 1997

Received; read twice and placed on the calendar

AN ACT

To grant the consent of the Congress to the Texas LowLevel 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Texas Low-Level Ra3 dioactive Waste Disposal Compact Consent Act’’.

4 SEC. 2. CONGRESSIONAL FINDING.

5 The Congress finds that the compact set forth in sec6 tion 5 is in furtherance of the Low-Level Radioactive

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

8 SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

9 The consent of the Congress to the compact set forth

10 in section 5—

11 (1) shall become effective on the date of the en12 actment of this Act;

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

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

15 2021b et seq.);

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

17 commission established in the compact complies with

18 all of the provisions of such Act; and

19 (4) is granted only for so long as no low-level

20 radioactive waste is brought into Texas from any

21 State other than Maine or Vermont.

22 SEC. 4. CONGRESSIONAL REVIEW.

23 The Congress may alter, amend, or repeal this Act

24 with respect to the compact set forth in section 5 after

25 the expiration of the 10-year period following the date of
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1 the enactment of this Act, and at such intervals thereafter

2 as may be provided in such compact.

3 SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

4 COMPACT.

5 In accordance with section 4(a)(2) of the Low-Level

6 Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),

7 the consent of the Congress is given to the States of

8 Texas, Maine, and Vermont to enter into the Texas Low9 Level Radioactive Waste Disposal Compact. Such compact

10 is substantially as follows:

11 ‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

12 COMPACT

13 ‘‘ARTICLE I. POLICY AND PURPOSE

14 ‘‘SEC. 1.01. The party states recognize a responsibil15 ity for each state to seek to manage low-level radioactive

16 waste generated within its boundaries, pursuant to the

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

18 the Low-Level Radioactive Waste Policy Amendments Act

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

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

21 authorized and encouraged states to enter into compacts

22 for the efficient management and disposal of low-level ra23 dioactive waste. It is the policy of the party states to co24 operate in the protection of the health, safety, and welfare

25 of their citizens and the environment and to provide for

26 and encourage the economical management and disposal
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1 of low-level radioactive waste. It is the purpose of this

2 compact to provide the framework for such a cooperative

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

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

5 the number of facilities needed to effectively, efficiently,

6 and economically manage low-level radioactive waste and

7 to encourage the reduction of the generation thereof; and

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

9 party states; all in accordance with the terms of this com10 pact.

11 ‘‘ARTICLE II. DEFINITIONS

12 ‘‘SEC. 2.01. As used in this compact, unless the con13 text clearly indicates otherwise, the following definitions

14 apply:

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

16 Waste Policy Act, as amended by the Low-Level Ra17 dioactive Waste Policy Amendments Act of 1985 (42

18 U.S.C. 2021b–2021j).

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

20 Radioactive Waste Disposal Compact Commission

21 established in Article III of this compact.

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

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

24 provided by the host state for the purpose of man25 agement or disposal of low-level radioactive waste for

26 which the party states are responsible.
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1 ‘‘(4) ‘Disposal’ means the permanent isolation

2 of low-level radioactive waste pursuant to require3 ments established by the United States Nuclear Reg4 ulatory Commission and the United States Environ5 mental Protection Agency under applicable laws, or

6 by the host state.

7 ‘‘(5) ‘Generate,’ when used in relation to low8 level radioactive waste, means to produce low-level

9 radioactive waste.

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

11 or processes low-level radioactive waste in the course

12 of its activities, excluding persons who arrange for

13 the collection, transportation, management, treat14 ment, storage, or disposal of waste generated outside

15 the party states, unless approved by the commission.

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

17 state in which a disposal facility is located or is

18 being developed.

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

20 a compact facility is located or is being developed.

21 The State of Texas is the host state under this com22 pact.

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

24 period of time following closure of the facility and

25 transfer of the facility license from the operator to
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1 the custodial agency in compliance with the appro2 priate regulations for long-term observation and

3 maintenance.

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

5 same meaning as that term is defined in Section

6 2(9) of the Act (42 U.S.C. 2021b(9)), or in the host

7 state statute so long as the waste is not incompatible

8 with management and disposal at the compact facil9 ity.

10 ‘‘(11) ‘Management’ means collection, consoli11 dation, storage, packaging, or treatment.

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

13 a disposal facility.

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

15 become a party in accordance with Article VII of

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

17 party states under this compact.

18 ‘‘(14) ‘Person’ means an individual, corpora19 tion, partnership or other legal entity, whether pub20 lic or private.

21 ‘‘(15) ‘Transporter’ means a person who trans22 ports low-level radioactive waste.

23 ‘‘ARTICLE III. THE COMMISSION

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

25 Low-Level Radioactive Waste Disposal Compact Commis26 sion. The commission shall consist of one voting member
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1 from each party state except that the host state shall be

2 entitled to six voting members. Commission members shall

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

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

5 alternates for each appointed member.

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

7 a majority of the members. Except as otherwise provided

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

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

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

11 and distinct from the party states and has governmental

12 immunity to the same extent as an entity created under

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

14 Constitution. Members of the commission shall not be per15 sonally liable for actions taken in their official capacity.

16 The liabilities of the commission shall not be deemed li17 abilities of the party states.

18 ‘‘SEC. 3.04. The commission shall:

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

20 host state’s law.

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

22 maintain public records pursuant to laws of the host

23 state, except that notice of public meetings shall be

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

25 their respective statutes.
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1 ‘‘(3) Be located in the capital city of the host

2 state.

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

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

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

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

7 and disbursements. An annual audit of the books of

8 the commission shall be conducted by an independ9 ent certified public accountant, and the audit report

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

11 commission.

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

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

14 host state.

15 ‘‘(7) Prepare, adopt, and implement contin16 gency plans for the disposal and management of low17 level radioactive waste in the event that the compact

18 facility should be closed. Any plan which requires

19 the host state to store or otherwise manage the low20 level radioactive waste from all the party states must

21 be approved by at least four host state members of

22 the commission. The commission, in a contingency

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

24 state to store low-level radioactive waste generated

25 outside of the state.
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1 ‘‘(8) Submit communications to the governors

2 and to the presiding officers of the legislatures of

3 the party states regarding the activities of the com4 mission, including an annual report to be submitted

5 on or before January 31 of each year.

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

7 states, and to the public, information concerning

8 low-level radioactive waste management needs, tech9 nologies, and problems.

10 ‘‘(10) Keep a current inventory of all genera11 tors within the party states, based upon information

12 provided by the party states.

13 ‘‘(11) By no later than 180 days after all mem14 bers of the commission are appointed under Section

15 3.01 of this article, establish by rule the total vol16 ume of low-level radioactive waste that the host state

17 will dispose of in the compact facility in the years

18 1995–2045, including decommissioning waste. The

19 shipments of low-level radioactive waste from all

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

21 the volume estimated to be disposed of by the host

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

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

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

25 feet a year. The commission shall coordinate the vol-
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1 umes, timing, and frequency of shipments from gen2 erators in the non-host party states in order to as3 sure that over the life of this agreement shipments

4 from the non-host party states do not exceed 20 per5 cent of the volume projected by the commission

6 under this paragraph.

7 ‘‘SEC. 3.05. The commission may:

8 ‘‘(1) Employ staff necessary to carry out its du9 ties and functions. The commission is authorized to

10 use to the extent practicable the services of existing

11 employees of the party states. Compensation shall be

12 as determined by the commission.

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

14 materials, or services, conditional or otherwise, from

15 the federal or state government. The nature, amount

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

17 other resources accepted pursuant to this paragraph

18 and the identity of the donor or grantor shall be de19 tailed in the annual report of the commission.

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

21 and authority, subject to projected resources. No

22 contract made by the commission shall bind a party

23 state.

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

25 rules necessary to carry out the terms of this com-
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1 pact. Any rules promulgated by the commission shall

2 be adopted in accordance with the Administrative

3 Procedure and Texas Register Act (Article 6252–

4 13a, Vernon’s Texas Civil Statutes).

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

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

7 administrative or judicial proceedings related to this

8 compact.

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

10 state, regional body, or group of states for the im11 portation of low-level radioactive waste into the com12 pact for management or disposal, provided that the

13 agreement receives a majority vote of the commis14 sion. The commission may adopt such conditions

15 and restrictions in the agreement as it deems advis16 able.

17 ‘‘(7) Upon petition, allow an individual genera18 tor, a group of generators, or the host state of the

19 compact, to export low-level waste to a low-level ra20 dioactive waste disposal facility located outside the

21 party states. The commission may approve the peti22 tion only by a majority vote of its members. The

23 permission to export low-level radioactive waste shall

24 be effective for that period of time and for the speci25 fied amount of low-level radioactive waste, and sub-
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1 ject to any other term or condition, as is determined

2 by the commission.

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

4 party states of material, which otherwise meets the

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

6 purpose of the exportation is to manage or process

7 the material for recycling or waste reduction and re8 turn it to the party states for disposal in the com9 pact facility.

10 ‘‘SEC. 3.06. Jurisdiction and venue of any action con11 testing any action of the commission shall be in the United

12 States District Court in the district where the commission

13 maintains its office.

14 ‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND

15 OBLIGATIONS OF PARTY STATES

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

17 full administrative control over the development, manage18 ment and operation of a facility for the disposal of low19 level radioactive waste generated within the party states.

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

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

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

23 waste, including such waste resulting from decommission24 ing of any nuclear electric generation facilities located in

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

26 Section 3.04(11) of Article III.
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1 ‘‘SEC. 4.02. Low-level radioactive waste generated

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

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

4 Article III.

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

6 be members of another low-level radioactive waste compact

7 entered into pursuant to the Act.

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

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

10 manner and operated and maintained through the

11 institutional control period.

12 ‘‘(2) Ensure, consistent with any applicable fed13 eral and host state laws, the protection and preser14 vation of the environment and the public health and

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

16 regulation, operation, closure, decommissioning, and

17 long-term care of the disposal facilities within the

18 host state.

19 ‘‘(3) Close the facility when reasonably nec20 essary to protect the public health and safety of its

21 citizens or to protect its natural resources from

22 harm. However, the host state shall notify the com23 mission of the closure within three days of its action

24 and shall, within 30 working days of its action, pro25 vide a written explanation to the commission of the
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1 closure, and implement any adopted contingency

2 plan.

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

4 the facility of low-level radioactive waste generated

5 in the party states based on disposal fee criteria set

6 out in Sections 402.272 and 402.273, Texas Health

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

8 the disposal of low-level radioactive waste that was

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

10 party states. Fees shall also be sufficient to reason11 ably support the activities of the Commission.

12 ‘‘(5) Submit an annual report to the commis13 sion on the status of the facility, including projec14 tions of the facility’s anticipated future capacity, and

15 on the related funds.

16 ‘‘(6) Notify the Commission immediately upon

17 the occurrence of any event which could cause a pos18 sible temporary or permanent closure of the facility

19 and identify all reasonable options for the disposal

20 of low-level radioactive waste at alternate compact

21 facilities or, by arrangement and Commission vote,

22 at noncompact facilities.

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

24 any legal action involving the facility.
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1 ‘‘(8) Identify and regulate, in accordance with

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

3 transportation of low-level radioactive waste in the

4 host state.

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

6 ‘‘(1) Develop and enforce procedures requiring

7 low-level radioactive waste shipments originating

8 within its borders and destined for the facility to

9 conform to packaging, processing, and waste from

10 specifications of the host state.

11 ‘‘(2) Maintain a registry of all generators with12 in the state that may have low-level radioactive

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

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

15 waste and the class of low-level radioactive waste

16 generated by each generator.

17 ‘‘(3) Develop and enforce procedures requiring

18 generators within its borders to minimize the volume

19 of low-level radioactive waste requiring disposal.

20 Nothing in this compact shall prohibit the storage,

21 treatment, or management of waste by a generator.

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

23 information necessary for the implementation of the

24 commission’s responsibilities, including taking those

25 actions necessary to obtain this data or information.
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1 ‘‘(5) Pay for community assistance projects des2 ignated by the host county in an amount for each

3 non-host party state equal to 10 percent of the pay4 ment provided for in Article V for each such state.

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

6 the host county on the first day of the month follow7 ing ratification of this compact agreement by Con8 gress and one-half of the payment shall be due and

9 payable on the first day of the month following the

10 approval of a facility operating license by the host

11 state’s regulatory body.

12 ‘‘(6) Provide financial support for the commis13 sion’s activities prior to the date of facility operation

14 and subsequent to the date of congressional ratifica15 tion of this compact under Section 7.07 of Article

16 VII. Each party state will be responsible for annual

17 payments equalling its pro-rata share of the commis18 sion’s expenses, incurred for administrative, legal,

19 and other purposes of the commission.

20 ‘‘(7) If agreed by all parties to a dispute, sub21 mit the dispute to arbitration or other alternate dis22 pute resolution process. If arbitration is agreed

23 upon, the governor of each party state shall appoint

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

25 even number, the arbitrators so chosen shall appoint
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1 an additional arbitrator. The determination of a ma2 jority of the arbitrators shall be binding on the party

3 states. Arbitration proceedings shall be conducted in

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

5 1 to 16. If all parties to a dispute do not agree to

6 arbitration or alternate dispute resolution process,

7 the United States District Court in the district

8 where the commission maintains its office shall have

9 original jurisdiction over any action between or

10 among parties to this compact.

11 ‘‘(8) Provide on a regular basis to the commis12 sion and host state—

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

14 proposed to be shipped to the compact facility,

15 by volume and curies;

16 ‘‘(B) proposed transportation methods and

17 routes; and

18 ‘‘(C) proposed shipment schedules.

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

20 against the host state to prevent nonparty states or

21 generators from disposing of low-level radioactive

22 waste at the facility.

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

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

25 party states regarding requirements of this compact.
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1 ‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS

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

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

4 Payments shall be deposited in the host state treasury to

5 the credit of the low-level waste fund in the following man6 ner except as otherwise provided. Not later than the 60th

7 day after the date of congressional ratification of this com8 pact, each non-host party state shall pay to the host state

9 $12.5 million. Not later than the 60th day after the date

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

11 state shall pay to the host state an additional $12.5 mil12 lion.

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

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

15 total amount as stated above to be made to meet the prin16 cipal and interest expense associated with the bond indebt17 edness or other form of indebtedness issued by the appro18 priate agency of the host state for purposes associated

19 with the development, operation, and post-closure monitor20 ing of the compact facility. In the event the member states

21 proceed in this manner, the payment schedule shall be de22 termined in accordance with the schedule of debt repay23 ment. This schedule shall replace the payment schedule

24 described in Section 5.01 of this article.
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1 ‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES

2 ‘‘SEC. 6.01. No person shall dispose of low-level ra3 dioactive waste generated within the party states unless

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

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

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

7 low-level radioactive waste within the party states unless

8 the low-level radioactive waste was generated within the

9 party states, except as provided in Section 3.05(6) of Arti10 cle III. Nothing herein shall be construed to prohibit the

11 storage or management of low-level radioactive waste by

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

13 20.302.

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

15 prohibiting the violator from disposing of low-level radio16 active waste in the compact facility, or in the imposition

17 of penalty surcharges on shipments to the facility, as de18 termined by the commission.

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

20 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION

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

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

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

24 commission and ratification by the legislature of the host

25 state, subject to fulfillment of the rights of the initial non26 host party states under Section 3.04(11) of Article III and
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1 Section 4.01 of Article IV, and upon compliance with

2 those terms and conditions for eligibility that the host

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

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

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

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

7 except for those pertaining to the composition of the com8 mission and those pertaining to Section 7.09 of this arti9 cle, may not be changed except upon ratification by the

10 legislatures of the party states.

11 ‘‘SEC. 7.02. Upon compliance with the other provi12 sions of this compact, a state made eligible under Section

13 7.01 of this article may become a party state by legislative

14 enactment of this compact or by executive order of the

15 governor of the state adopting this compact. A state be16 coming a party state by executive order shall cease to be

17 a party state upon adjournment of the first general session

18 of its legislature convened after the executive order is is19 sued, unless before the adjournment, the legislature enacts

20 this compact.

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

22 compact by repealing enactment of this compact subject

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

24 an additional state or additional states to join the com25 pact, the host state’s legislature, without the consent of
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1 the non-host party states, shall have the right to modify

2 the composition of the commission so that the host state

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

4 however, that any modification maintains the right of each

5 initial party state to retain one voting member on the com6 mission.

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

8 compact, the withdrawal shall not become effective until

9 five years after enactment of the repealing legislation and

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

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

12 party states under Article V shall cease immediately upon

13 enactment of the repealing legislation. If the host state

14 withdraws from the compact or abandons plans to operate

15 a facility prior to the date of any non-host party state pay16 ment under Sections 4.05(5) and (6) of Article IV or Arti17 cle V, the non-host party states are relieved of any obliga18 tions to make the contributions. This section sets out the

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

20 state withdraws from the compact or is unable to develop

21 and operate a compact facility.

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

23 may withdraw from the compact by repealing the enact24 ment of this compact, but this withdrawal shall not be25 come effective until two years after the effective date of
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1 the repealing legislation. During this two-year period the

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

3 withdrawing party shall remain liable for any payments

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

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

6 to any refund of payments previously made.

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

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

9 obligations hereunder may have its membership in the

10 compact revoked by a seven-eighths vote of the commis11 sion following notice that a hearing will be scheduled not

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

13 other respects, revocation proceedings undertaken by the

14 commission will be subject to the Administrative Proce15 dure and Texas Register Act (Article 6252–13a, Vernon’s

16 Texas Civil Statutes), except that a party state may ap17 peal the commission’s revocation decision to the United

18 States District Court in accordance with Section 3.06 of

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

20 date such party state receives written notice from the com21 mission of a final action. Written notice of revocation shall

22 be transmitted immediately following the vote of the com23 mission, by the chair, to the governor of the affected party

24 state, all other governors of party states, and to the Unit25 ed States Congress.
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1 ‘‘SEC. 7.07. This compact shall take effect following

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

3 other party state and thereafter upon the consent of the

4 United States Congress and shall remain in effect until

5 otherwise provided by federal law. If Texas and either

6 Maine or Vermont ratify this compact, the compact shall

7 be in full force and effect as to Texas and the other ratify8 ing state, and this compact shall be interpreted as follows:

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

10 initial party states.

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

12 members from the other ratifying state and six from

13 Texas.

14 ‘‘(3) Each party state is responsible for its pro15 rata share of the commission’s expenses.

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

17 United States Congress and the withdrawal of the consent

18 of Congress every five years after its effective date, pursu19 ant to federal law.

20 ‘‘SEC. 7.09. The host state legislature, with the ap21 proval of the governor, shall have the right and authority,

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

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

24 to comply with Section 402.219(c)(1), Texas Health &
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1 Safety Code, as long as the modification does not impair

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

3 ‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

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

5 broadly construed to carry out the purposes of the com6 pact, but the sovereign powers of a party shall not be in7 fringed upon unnecessarily.

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

9 proceeding pending on the effective date of this compact.

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

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

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

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

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

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

16 facility. Except as otherwise expressly provided in this

17 compact, nothing in this compact shall be construed to

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

19 failure to act. Generators, transporters, owners and opera20 tors of facility shall be liable for their acts, omissions, con21 duct or relationships in accordance with applicable law.

22 By entering into this compact and securing the ratification

23 by Congress of its terms, no party state acquires a poten24 tial liability under section 5(d)(2)(C) of the Act (42 U.S.C.

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

26 into this compact.
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1 ‘‘SEC. 8.04. If a party state withdraws from the com2 pact pursuant to Section 7.03 of Article VII or has its

3 membership in this compact revoked pursuant to section

4 7.06 of Article VII, the withdrawal or revocation shall not

5 affect any liability already incurred by or chargeable to

6 the affected state under Section 8.03 of this article.

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

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

9 of this compact is declared by a court of competent juris10 diction to be contrary to the constitution of any participat11 ing state or of the United States or the applicability there12 of to any government, agency, person or circumstances is

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

14 and the applicability thereof to any government, agency,

15 person, or circumstance shall not be affected thereby to

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

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

18 the constitution of any state participating therein, the

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

20 affected as to all severable matters.

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

22 otherwise impairs the jurisdiction, authority, or discretion

23 of either of the following:
26

HR 629 PCS

1 ‘‘(1) The United States Nuclear Regulatory

2 Commission pursuant to the Atomic Energy Act of

3 1954, as amended (42 U.S.C. Sec. 2011 et seq.).

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

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

6 U.S.C. Sec. 2021).

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

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

9 following:

10 ‘‘(1) Regulate the packaging or transportation

11 of low-level radioactive waste in a manner inconsist12 ent with the regulations of the United States Nu13 clear Regulatory Commission or the United States

14 Department of Transportation.

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

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

17 material.

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

19 agreement states or of the United States Nuclear

20 Regulatory Commission.’’.

Passed the House of Representatives October 7,

1997.

Attest: ROBIN H. CARLE,

Clerk.