I

105TH CONGRESS

1ST SESSION H. R. 629

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

Waste Disposal Compact.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. BARTON of Texas (for himself, Mr. HALL of Texas, Mr. BALDACCI, Mr.

SANDERS, Mr. ALLEN, Mr. ARCHER, Mr. BENTSEN, Mr. COMBEST, Mr.

DELAY, Mr. EDWARDS, Ms. GRANGER, Mr. GREEN, Ms. JACKSON-LEE

of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. SAM JOHNSON

of Texas, Mr. SESSIONS, Mr. SMITH of Texas, Mr. STENHOLM, Mr.

THORNBERRY, Mr. TURNER, Mr. NORWOOD, and Mr. BURR of North

Carolina) introduced the following bill; which was referred to the Committee on Commerce

A BILL

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Texas Low-Level Ra5 dioactive Waste Disposal Compact Consent Act’’.
2

•HR 629 IH

1 SEC. 2. CONGRESSIONAL FINDING.

2 The Congress finds that the compact set forth in sec3 tion 5 is in furtherance of the Low-Level Radioactive

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

5 SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

6 The consent of the Congress to the compact set forth

7 in 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 The Congress may alter, amend, or repeal this Act

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

19 the expiration of the 10-year period following the date of

20 the enactment of this Act, and at such intervals thereafter

21 as may be provided in such compact.

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

23 COMPACT.

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

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

26 the consent of the Congress is given to the States of
3

•HR 629 IH

1 Texas, Maine, and Vermont to enter into the Texas Low2 Level Radioactive Waste Disposal Compact. Such compact

3 is substantially as follows:

4 ‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

5 COMPACT

6 ‘‘ARTICLE I. POLICY AND PURPOSE

7 ‘‘SEC. 1.01. The party states recognize a responsibil8 ity for each state to seek to manage low-level radioactive

9 waste generated within its boundaries, pursuant to the

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

11 the Low-Level Radioactive Waste Policy Amendments Act

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

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

14 authorized and encouraged states to enter into compacts

15 for the efficient management and disposal of low-level ra16 dioactive waste. It is the policy of the party states to co17 operate in the protection of the health, safety, and welfare

18 of their citizens and the environment and to provide for

19 and encourage the economical management and disposal

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

21 compact to provide the framework for such a cooperative

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

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

24 the number of facilities needed to effectively, efficiently,

25 and economically manage low-level radioactive waste and

26 to encourage the reduction of the generation thereof; and
4

•HR 629 IH

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

2 party states; all in accordance with the terms of this com3 pact.

4 ‘‘ARTICLE II. DEFINITIONS

5 ‘‘SEC. 2.01. As used in this compact, unless the con6 text clearly indicates otherwise, the following definitions

7 apply:

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

9 Waste Policy Act, as amended by the Low-Level Ra10 dioactive Waste Policy Amendments Act of 1985 (42

11 U.S.C. 2021b–2021j).

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

13 Radioactive Waste Disposal Compact Commission

14 established in Article III of this compact.

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

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

17 provided by the host state for the purpose of man18 agement or disposal of low-level radioactive waste for

19 which the party states are responsible.

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

21 of low-level radioactive waste pursuant to require22 ments established by the United States Nuclear Reg23 ulatory Commission and the United States Environ24 mental Protection Agency under applicable laws, or

25 by the host state.
5

•HR 629 IH

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
6

•HR 629 IH

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.
7

•HR 629 IH

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.
8

•HR 629 IH

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.
9

•HR 629 IH

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
10

•HR 629 IH

1 from the non-host party states do not exceed 20 per2 cent of the volume projected by the commission

3 under this paragraph.

4 ‘‘SEC. 3.05. The commission may:

5 ‘‘(1) Employ staff necessary to carry out its du6 ties and functions. The commission is authorized to

7 use to the extent practicable the services of existing

8 employees of the party states. Compensation shall be

9 as determined by the commission.

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

11 materials, or services, conditional or otherwise, from

12 the federal or state government. The nature, amount

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

14 other resources accepted pursuant to this paragraph

15 and the identity of the donor or grantor shall be de16 tailed in the annual report of the commission.

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

18 and authority, subject to projected resources. No

19 contract made by the commission shall bind a party

20 state.

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

22 rules necessary to carry out the terms of this com23 pact. Any rules promulgated by the commission shall

24 be adopted in accordance with the Administrative
11

•HR 629 IH

1 Procedure and Texas Register Act (Article 6252–

2 13a, Vernon’s Texas Civil Statutes).

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

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

5 administrative or judicial proceedings related to this

6 compact.

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

8 state, regional body, or group of states for the im9 portation of low-level radioactive waste into the com10 pact for management or disposal, provided that the

11 agreement receives a majority vote of the commis12 sion. The commission may adopt such conditions

13 and restrictions in the agreement as it deems advis14 able.

15 ‘‘(7) Upon petition, allow an individual genera16 tor, a group of generators, or the host state of the

17 compact, to export low-level waste to a low-level ra18 dioactive waste disposal facility located outside the

19 party states. The commission may approve the peti20 tion only by a majority vote of its members. The

21 permission to export low-level radioactive waste shall

22 be effective for that period of time and for the speci23 fied amount of low-level radioactive waste, and sub24 ject to any other term or condition, as is determined

25 by the commission.
12

•HR 629 IH

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

2 party states of material, which otherwise meets the

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

4 purpose of the exportation is to manage or process

5 the material for recycling or waste reduction and re6 turn it to the party states for disposal in the com7 pact facility.

8 ‘‘SEC. 3.06. Jurisdiction and venue of any action con9 testing any action of the commission shall be in the United

10 States District Court in the district where the commission

11 maintains its office.

12 ‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND

13 OBLIGATIONS OF PARTY STATES

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

15 full administrative control over the development, manage16 ment and operation of a facility for the disposal of low17 level radioactive waste generated within the party states.

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

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

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

21 waste, including such waste resulting from decommission22 ing of any nuclear electric generation facilities located in

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

24 Section 3.04(11) of Article III.

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

26 within the party states shall be disposed of only at the
13

•HR 629 IH

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

2 Article III.

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

4 be members of another low-level radioactive waste compact

5 entered into pursuant to the Act.

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

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

8 manner and operated and maintained through the

9 institutional control period.

10 ‘‘(2) Ensure, consistent with any applicable fed11 eral and host state laws, the protection and preser12 vation of the environment and the public health and

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

14 regulation, operation, closure, decommissioning, and

15 long-term care of the disposal facilities within the

16 host state.

17 ‘‘(3) Close the facility when reasonably nec18 essary to protect the public health and safety of its

19 citizens or to protect its natural resources from

20 harm. However, the host state shall notify the com21 mission of the closure within three days of its action

22 and shall, within 30 working days of its action, pro23 vide a written explanation to the commission of the

24 closure, and implement any adopted contingency

25 plan.
14

•HR 629 IH

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

2 the facility of low-level radioactive waste generated

3 in the party states based on disposal fee criteria set

4 out in Sections 402.272 and 402.273, Texas Health

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

6 the disposal of low-level radioactive waste that was

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

8 party states. Fees shall also be sufficient to reason9 ably support the activities of the Commission.

10 ‘‘(5) Submit an annual report to the commis11 sion on the status of the facility, including projec12 tions of the facility’s anticipated future capacity, and

13 on the related funds.

14 ‘‘(6) Notify the Commission immediately upon

15 the occurrence of any event which could cause a pos16 sible temporary or permanent closure of the facility

17 and identify all reasonable options for the disposal

18 of low-level radioactive waste at alternate compact

19 facilities or, by arrangement and Commission vote,

20 at noncompact facilities.

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

22 any legal action involving the facility.

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

24 federal and host state law, the means and routes of
15

•HR 629 IH

1 transportation of low-level radioactive waste in the

2 host state.

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

4 ‘‘(1) Develop and enforce procedures requiring

5 low-level radioactive waste shipments originating

6 within its borders and destined for the facility to

7 conform to packaging, processing, and waste from

8 specifications of the host state.

9 ‘‘(2) Maintain a registry of all generators with10 in the state that may have low-level radioactive

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

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

13 waste and the class of low-level radioactive waste

14 generated by each generator.

15 ‘‘(3) Develop and enforce procedures requiring

16 generators within its borders to minimize the volume

17 of low-level radioactive waste requiring disposal.

18 Nothing in this compact shall prohibit the storage,

19 treatment, or management of waste by a generator.

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

21 information necessary for the implementation of the

22 commission’s responsibilities, including taking those

23 actions necessary to obtain this data or information.

24 ‘‘(5) Pay for community assistance projects des25 ignated by the host county in an amount for each
16

•HR 629 IH

1 non-host party state equal to 10 percent of the pay2 ment provided for in Article V for each such state.

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

4 the host county on the first day of the month follow5 ing ratification of this compact agreement by Con6 gress and one-half of the payment shall be due and

7 payable on the first day of the month following the

8 approval of a facility operating license by the host

9 state’s regulatory body.

10 ‘‘(6) Provide financial support for the commis11 sion’s activities prior to the date of facility operation

12 and subsequent to the date of congressional ratifica13 tion of this compact under Section 7.07 of Article

14 VII. Each party state will be responsible for annual

15 payments equalling its pro-rata share of the commis16 sion’s expenses, incurred for administrative, legal,

17 and other purposes of the commission.

18 ‘‘(7) If agreed by all parties to a dispute, sub19 mit the dispute to arbitration or other alternate dis20 pute resolution process. If arbitration is agreed

21 upon, the governor of each party state shall appoint

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

23 even number, the arbitrators so chosen shall appoint

24 an additional arbitrator. The determination of a ma25 jority of the arbitrators shall be binding on the party
17

•HR 629 IH

1 states. Arbitration proceedings shall be conducted in

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

3 1 to 16. If all parties to a dispute do not agree to

4 arbitration or alternate dispute resolution process,

5 the United States District Court in the district

6 where the commission maintains its office shall have

7 original jurisdiction over any action between or

8 among parties to this compact.

9 ‘‘(8) Provide on a regular basis to the commis10 sion and host state—

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

12 proposed to be shipped to the compact facility,

13 by volume and curies;

14 ‘‘(B) proposed transportation methods and

15 routes; and

16 ‘‘(C) proposed shipment schedules.

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

18 against the host state to prevent nonparty states or

19 generators from disposing of low-level radioactive

20 waste at the facility.

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

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

23 party states regarding requirements of this compact.

24 ‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS

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

26 shall contribute a total of $25 million to the host state.
18

•HR 629 IH

1 Payments shall be deposited in the host state treasury to

2 the credit of the low-level waste fund in the following man3 ner except as otherwise provided. Not later than the 60th

4 day after the date of congressional ratification of this com5 pact, each non-host party state shall pay to the host state

6 $12.5 million. Not later than the 60th day after the date

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

8 state shall pay to the host state an additional $12.5 mil9 lion.

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

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

12 total amount as stated above to be made to meet the prin13 cipal and interest expense associated with the bond indebt14 edness or other form of indebtedness issued by the appro15 priate agency of the host state for purposes associated

16 with the development, operation, and post-closure monitor17 ing of the compact facility. In the event the member states

18 proceed in this manner, the payment schedule shall be de19 termined in accordance with the schedule of debt repay20 ment. This schedule shall replace the payment schedule

21 described in Section 5.01 of this article.

22 ‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES

23 ‘‘SEC. 6.01. No person shall dispose of low-level ra24 dioactive waste generated within the party states unless

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

26 provided in Section 3.05(7) of Article III.
19

•HR 629 IH

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

2 low-level radioactive waste within the party states unless

3 the low-level radioactive waste was generated within the

4 party states, except as provided in Section 3.05(6) of Arti5 cle III. Nothing herein shall be construed to prohibit the

6 storage or management of low-level radioactive waste by

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

8 20.302.

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

10 prohibiting the violator from disposing of low-level radio11 active waste in the compact facility, or in the imposition

12 of penalty surcharges on shipments to the facility, as de13 termined by the commission.

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

15 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION

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

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

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

19 commission and ratification by the legislature of the host

20 state, subject to fulfillment of the rights of the initial non21 host party states under Section 3.04(11) of Article III and

22 Section 4.01 of Article IV, and upon compliance with

23 those terms and conditions for eligibility that the host

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

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

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

•HR 629 IH

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

2 except for those pertaining to the composition of the com3 mission and those pertaining to Section 7.09 of this arti4 cle, may not be changed except upon ratification by the

5 legislatures of the party states.

6 ‘‘SEC. 7.02. Upon compliance with the other provi7 sions of this compact, a state made eligible under Section

8 7.01 of this article may become a party state by legislative

9 enactment of this compact or by executive order of the

10 governor of the state adopting this compact. A state be11 coming a party state by executive order shall cease to be

12 a party state upon adjournment of the first general session

13 of its legislature convened after the executive order is is14 sued, unless before the adjournment, the legislature enacts

15 this compact.

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

17 compact by repealing enactment of this compact subject

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

19 an additional state or additional states to join the com20 pact, the host state’s legislature, without the consent of

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

22 the composition of the commission so that the host state

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

24 however, that any modification maintains the right of each
21

•HR 629 IH

1 initial party state to retain one voting member on the com2 mission.

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

4 compact, the withdrawal shall not become effective until

5 five years after enactment of the repealing legislation and

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

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

8 party states under Article V shall cease immediately upon

9 enactment of the repealing legislation. If the host state

10 withdraws from the compact or abandons plans to operate

11 a facility prior to the date of any non-host party state pay12 ment under Sections 4.05(5) and (6) of Article IV or Arti13 cle V, the non-host party states are relieved of any obliga14 tions to make the contributions. This section sets out the

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

16 state withdraws from the compact or is unable to develop

17 and operate a compact facility.

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

19 may withdraw from the compact by repealing the enact20 ment of this compact, but this withdrawal shall not be21 come effective until two years after the effective date of

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

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

24 withdrawing party shall remain liable for any payments

25 under Sections 4.05(5) and (6) of Article IV that were
22

•HR 629 IH

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

2 to any refund of payments previously made.

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

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

5 obligations hereunder may have its membership in the

6 compact revoked by a seven-eighths vote of the commis7 sion following notice that a hearing will be scheduled not

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

9 other respects, revocation proceedings undertaken by the

10 commission will be subject to the Administrative Proce11 dure and Texas Register Act (Article 6252–13a, Vernon’s

12 Texas Civil Statutes), except that a party state may ap13 peal the commission’s revocation decision to the United

14 States District Court in accordance with Section 3.06 of

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

16 date such party state receives written notice from the com17 mission of a final action. Written notice of revocation shall

18 be transmitted immediately following the vote of the com19 mission, by the chair, to the governor of the affected party

20 state, all other governors of party states, and to the Unit21 ed States Congress.

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

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

24 other party state and thereafter upon the consent of the

25 United States Congress and shall remain in effect until
23

•HR 629 IH

1 otherwise provided by federal law. If Texas and either

2 Maine or Vermont ratify this compact, the compact shall

3 be in full force and effect as to Texas and the other ratify4 ing state, and this compact shall be interpreted as follows:

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

6 initial party states.

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

8 members from the other ratifying state and six from

9 Texas.

10 ‘‘(3) Each party state is responsible for its pro11 rata share of the commission’s expenses.

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

13 United States Congress and the withdrawal of the consent

14 of Congress every five years after its effective date, pursu15 ant to federal law.

16 ‘‘SEC. 7.09. The host state legislature, with the ap17 proval of the governor, shall have the right and authority,

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

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

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

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

22 the rights of the initial non-host party states.
24

•HR 629 IH

1 ‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

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

3 broadly construed to carry out the purposes of the com4 pact, but the sovereign powers of a party shall not be in5 fringed upon unnecessarily.

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

7 proceeding pending on the effective date of this compact.

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

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

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

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

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

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

14 facility. Except as otherwise expressly provided in this

15 compact, nothing in this compact shall be construed to

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

17 failure to act. Generators, transporters, owners and opera18 tors of facility shall be liable for their acts, omissions, con19 duct or relationships in accordance with applicable law.

20 By entering into this compact and securing the ratification

21 by Congress of its terms, no party state acquires a poten22 tial liability under section 5(d)(2)(C) of the Act (42 U.S.C.

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

24 into this compact.
25

•HR 629 IH

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 IH

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.’’.

Æ