In the Senate of the United States,

April 1, 1998.

Resolved, That the bill from the House of Representatives (H.R. 629) entitled ‘‘An Act to grant the consent of the

Congress to the Texas Low-Level Radioactive Waste Disposal

Compact.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Texas Low-Level Radio3 active Waste Disposal Compact Consent Act’’.

4 SEC. 2. CONGRESSIONAL FINDING.

5 Congress finds that the compact set forth in section 6

6 is in furtherance of the Low-Level Radioactive Waste Policy

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

8 SEC. 3. CONDITIONS ON CONSENT TO COMPACT.

9 (a) IN GENERAL.—The consent of Congress to the com10 pact set forth in section 6—
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1 (1) shall become effective on the date of enact2 ment of this Act;

3 (2) is granted subject to the Low-Level Radio4 active Waste Policy Act (42 U.S.C. 2021b et seq.);

5 and

6 (3) is granted on the conditions that—

7 (A) the Commission (as defined in the com8 pact) comply with all of the provisions of that

9 Act; and

10 (B) no low-level radioactive waste be

11 brought into Texas for disposal at a compact fa12 cility from any State other than the State of

13 Maine or Vermont.

14 (b) CONSENT TO SUIT.—By proceeding to implement

15 the compact after the date of enactment of this Act, the

16 party states and Commission shall be considered to have

17 consented to suit in a civil action under subsection (d).

18 (c) CONTINUING EFFECTIVENESS OF CONDITION.—If

19 the consent of Congress is declared to be of no further effect

20 in a civil action under subsection (d), the condition stated

21 in subsection (a)(3)(B) shall continue to apply to any sub22 sequent operation of the compact facility.

23 (d) ENFORCEMENT.—

24 (1) BY THE ATTORNEY GENERAL.—If the Attor25 ney General obtains evidence that a condition stated
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1 in subsection (a)(3) has not been complied with at

2 any time, the Attorney General shall bring a civil ac3 tion in United States district court for a judgment

4 against the party states (as defined in the compact)

5 and Commission—

6 (A) declaring that the consent of Congress to

7 the compact is of no further effect by reason of

8 the failure to meet the condition;

9 (B) enjoining any further failure of compli10 ance; and

11 (C) in any second or subsequent civil action

12 under this subsection in which the court finds

13 that a second or subsequent failure to comply

14 with the condition stated in subsection (a)(3)(B)

15 has occurred, ordering that the compact facility

16 be closed.

17 (2) BY A MEMBER OF THE COMMUNITY IN WHICH

18 A COMPACT FACILITY IS LOCATED.—If any person

19 that resides or has a principal place of business in the

20 community in which a compact facility is located ob21 tains evidence that the condition stated in subsection

22 (a)(3)(B) has not been complied with at any time, the

23 person may bring a civil action in United States dis24 trict court for a judgment against the party states

25 and Commission—
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1 (A) declaring that the consent of Congress to

2 the compact is of no further effect by reason of

3 the failure to meet the condition;

4 (B) enjoining any further failure of compli5 ance; and

6 (C) in any second or subsequent civil action

7 under this subsection in which the court finds

8 that a second or subsequent failure to comply

9 with the condition stated in subsection (a)(3)(B)

10 has occurred, ordering that the compact facility

11 be closed.

12 SEC. 4. CONGRESSIONAL REVIEW.

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

14 respect to the compact set forth in section 6 after the expira15 tion of the 10-year period following the date of enactment

16 of this Act, and at such intervals thereafter as may be pro17 vided in the compact.

18 SEC. 5. ADDITIONAL CONDITION ON CONSENT TO COM19 PACT.

20 (a) IN GENERAL.—The consent of Congress to the com21 pact set forth in section 6 is granted on the condition that

22 the compact not be implemented (including execution by

23 any party state (as defined in the compact) of any right,

24 responsibility, or obligation of the party state under Article

25 IV of the compact) in any way that discriminates against
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1 any community (through disparate treatment or disparate

2 impact) by reason of the composition of the community in

3 terms of race, color, national origin, or income level.

4 (b) CONSENT TO SUIT.—By proceeding to implement

5 the compact after the date of enactment of this Act, the

6 party states and Commission shall be considered to have

7 consented to suit in a civil action under subsection (d).

8 (c) CONTINUING EFFECTIVENESS OF CONDITION.—If

9 the consent of Congress is declared to be of no further effect

10 in a civil action under subsection (d), the condition stated

11 in subsection (a) shall continue to apply to any subsequent

12 operation of the compact facility.

13 (d) ENFORCEMENT.—

14 (1) BY THE ATTORNEY GENERAL.—If the Attor15 ney General obtains evidence that the condition stated

16 in subsection (a) has not been complied with at any

17 time, the Attorney General shall bring a civil action

18 in United States district court for a judgment against

19 the party states (as defined in the compact) and Com20 mission—

21 (A) declaring that the consent of Congress to

22 the compact is of no further effect by reason of

23 the failure to meet the condition; and

24 (B) enjoining any further failure of compli25 ance.
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1 (2) BY A MEMBER OF AN AFFECTED COMMU2 NITY.—If person that resides or has a principal place

3 of business a community that is adversely affected by

4 a failure to comply with the condition stated in sub5 section (a) obtains evidence of the failure of compli6 ance, the person may bring a civil action in United

7 States district court for a judgment against the party

8 states and Commission—

9 (A) declaring that the consent of Congress to

10 the compact is of no further effect by reason of

11 the failure to meet the condition; and

12 (B) enjoining any further failure of compli13 ance.

14 SEC. 6. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.

15 (a) CONSENT OF CONGRESS.—In accordance with sec16 tion 4(a)(2) of the Low-Level Radioactive Waste Policy Act

17 (42 U.S.C. 2021d(a)(2)), the consent of Congress is given

18 to the States of Texas, Maine, and Vermont to enter into

19 the compact set forth in subsection (b).

20 (b) TEXT OF COMPACT.—The compact reads substan21 tially as follows:

22 ‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

23 COMPACT

24 ‘‘ARTICLE I. POLICY AND PURPOSE

25 ‘‘SEC. 1.01. The party states recognize a responsibility

26 for each state to seek to manage low-level radioactive waste
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1 generated within its boundaries, pursuant to the Low-Level

2 Radioactive Waste Policy Act, as amended by the Low-Level

3 Radioactive Waste Policy Amendments Act of 1985 (42

4 U.S.C. 2021b–2021j). They also recognize that the United

5 States Congress, by enacting the Act, has authorized and

6 encouraged states to enter into compacts for the efficient

7 management and disposal of low-level radioactive waste. It

8 is the policy of the party states to cooperate in the protec9 tion of the health, safety, and welfare of their citizens and

10 the environment and to provide for and encourage the eco11 nomical management and disposal of low-level radioactive

12 waste. It is the purpose of this compact to provide the

13 framework for such a cooperative effort; to promote the

14 health, safety, and welfare of the citizens and the environ15 ment of the party states; to limit the number of facilities

16 needed to effectively, efficiently, and economically manage

17 low-level radioactive waste and to encourage the reduction

18 of the generation thereof; and to distribute the costs, benefits,

19 and obligations among the party states; all in accordance

20 with the terms of this compact.

21 ‘‘ARTICLE II. DEFINITIONS

22 ‘‘SEC. 2.01. As used in this compact, unless the context

23 clearly indicates otherwise, the following definitions apply:

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

25 Waste Policy Act, as amended by the Low-Level Ra-
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1 dioactive Waste Policy Amendments Act of 1985 (42

2 U.S.C. 2021b–2021j).

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

4 Radioactive Waste Disposal Compact Commission es5 tablished in Article III of this compact.

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

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

8 provided by the host state for the purpose of manage9 ment or disposal of low-level radioactive waste for

10 which the party states are responsible.

11 ‘‘(4) ‘Disposal’ means the permanent isolation of

12 low-level radioactive waste pursuant to requirements

13 established by the United States Nuclear Regulatory

14 Commission and the United States Environmental

15 Protection Agency under applicable laws, or by the

16 host state.

17 ‘‘(5) ‘Generate,’ when used in relation to low18 level radioactive waste, means to produce low-level ra19 dioactive waste.

20 ‘‘(6) ‘Generator’ means a person who produces or

21 processes low-level radioactive waste in the course of

22 its activities, excluding persons who arrange for the

23 collection, transportation, management, treatment,

24 storage, or disposal of waste generated outside the

25 party states, unless approved by the commission.
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1 ‘‘(7) ‘Host county’ means a county in the host

2 state in which a disposal facility is located or is being

3 developed.

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

5 a compact facility is located or is being developed.

6 The State of Texas is the host state under this com7 pact.

8 ‘‘(9) ‘Institutional control period’ means that pe9 riod of time following closure of the facility and

10 transfer of the facility license from the operator to the

11 custodial agency in compliance with the appropriate

12 regulations for long-term observation and mainte13 nance.

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

15 meaning as that term is defined in Section 2(9) of the

16 Act (42 U.S.C. 2021b(9)), or in the host state statute

17 so long as the waste is not incompatible with manage18 ment and disposal at the compact facility.

19 ‘‘(11) ‘Management’ means collection, consolida20 tion, storage, packaging, or treatment.

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

22 disposal facility.

23 ‘‘(13) ‘Party state’ means any state that has be24 come a party in accordance with Article VII of this
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1 compact. Texas, Maine, and Vermont are initial

2 party states under this compact.

3 ‘‘(14) ‘Person’ means an individual, corporation,

4 partnership or other legal entity, whether public or

5 private.

6 ‘‘(15) ‘Transporter’ means a person who trans7 ports low-level radioactive waste.

8 ‘‘ARTICLE III. THE COMMISSION

9 ‘‘SEC. 3.01. There is hereby established the Texas Low10 Level Radioactive Waste Disposal Compact Commission.

11 The commission shall consist of one voting member from

12 each party state except that the host state shall be entitled

13 to six voting members. Commission members shall be ap14 pointed by the party state governors, as provided by the

15 laws of each party state. Each party state may provide al16 ternates for each appointed member.

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

18 a majority of the members. Except as otherwise provided

19 in this compact, an official act of the commission must re20 ceive the affirmative vote of a majority of its members.

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

22 and distinct from the party states and has governmental

23 immunity to the same extent as an entity created under

24 the authority of Article XVI, Section 59, of the Texas Con25 stitution. Members of the commission shall not be personally

26 liable for actions taken in their official capacity. The liabil-
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1 ities of the commission shall not be deemed liabilities of the

2 party states.

3 ‘‘SEC. 3.04. The commission shall:

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

5 host state’s law.

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

7 maintain public records pursuant to laws of the host

8 state, except that notice of public meetings shall be

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

10 their respective statutes.

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

12 state.

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

14 of the chair, or any member. The governor of the host

15 state shall appoint a chair and vice-chair.

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

17 and disbursements. An annual audit of the books of

18 the commission shall be conducted by an independent

19 certified public accountant, and the audit report shall

20 be made a part of the annual report of the commis21 sion.

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

23 fiscal year that conforms to the fiscal year of the host

24 state.
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1 ‘‘(7) Prepare, adopt, and implement contingency

2 plans for the disposal and management of low-level

3 radioactive waste in the event that the compact facil4 ity should be closed. Any plan which requires the host

5 state to store or otherwise manage the low-level radio6 active waste from all the party states must be ap7 proved by at least four host state members of the com8 mission. The commission, in a contingency plan or

9 otherwise, may not require a non-host party state to

10 store low-level radioactive waste generated outside of

11 the state.

12 ‘‘(8) Submit communications to the governors

13 and to the presiding officers of the legislatures of the

14 party states regarding the activities of the commis15 sion, including an annual report to be submitted on

16 or before January 31 of each year.

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

18 states, and to the public, information concerning low19 level radioactive waste management needs, tech20 nologies, and problems.

21 ‘‘(10) Keep a current inventory of all generators

22 within the party states, based upon information pro23 vided by the party states.

24 ‘‘(11) By no later than 180 days after all mem25 bers of the commission are appointed under Section
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1 3.01 of this article, establish by rule the total volume

2 of low-level radioactive waste that the host state will

3 dispose of in the compact facility in the years 1995–

4 2045, including decommissioning waste. The ship5 ments of low-level radioactive waste from all non-host

6 party states shall not exceed 20 percent of the volume

7 estimated to be disposed of by the host state during

8 the 50-year period. When averaged over such 50-year

9 period, the total of all shipments from non-host party

10 states shall not exceed 20,000 cubic feet a year. The

11 commission shall coordinate the volumes, timing, and

12 frequency of shipments from generators in the non13 host party states in order to assure that over the life

14 of this agreement shipments from the non-host party

15 states do not exceed 20 percent of the volume projected

16 by the commission under this paragraph.

17 ‘‘SEC. 3.05. The commission may:

18 ‘‘(1) Employ staff necessary to carry out its du19 ties and functions. The commission is authorized to

20 use to the extent practicable the services of existing

21 employees of the party states. Compensation shall be

22 as determined by the commission.

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

24 materials, or services, conditional or otherwise, from

25 the federal or state government. The nature, amount
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1 and condition, if any, of any donation, grant or other

2 resources accepted pursuant to this paragraph and

3 the identity of the donor or grantor shall be detailed

4 in the annual report of the commission.

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

6 and authority, subject to projected resources. No con7 tract made by the commission shall bind a party

8 state.

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

10 necessary to carry out the terms of this compact. Any

11 rules promulgated by the commission shall be adopted

12 in accordance with the Administrative Procedure and

13 Texas Register Act (Article 6252–13a, Vernon’s Texas

14 Civil Statutes).

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

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

17 administrative or judicial proceedings related to this

18 compact.

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

20 state, regional body, or group of states for the impor21 tation of low-level radioactive waste into the compact

22 for management or disposal, provided that the agree23 ment receives a majority vote of the commission. The

24 commission may adopt such conditions and restric25 tions in the agreement as it deems advisable.
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1 ‘‘(7) Upon petition, allow an individual genera2 tor, a group of generators, or the host state of the

3 compact, to export low-level waste to a low-level ra4 dioactive waste disposal facility located outside the

5 party states. The commission may approve the peti6 tion only by a majority vote of its members. The per7 mission to export low-level radioactive waste shall be

8 effective for that period of time and for the specified

9 amount of low-level radioactive waste, and subject to

10 any other term or condition, as is determined by the

11 commission.

12 ‘‘(8) Monitor the exportation outside of the party

13 states of material, which otherwise meets the criteria

14 of low-level radioactive waste, where the sole purpose

15 of the exportation is to manage or process the mate16 rial for recycling or waste reduction and return it to

17 the party states for disposal in the compact facility.

18 ‘‘SEC. 3.06. Jurisdiction and venue of any action con19 testing any action of the commission shall be in the United

20 States District Court in the district where the commission

21 maintains its office.

22 ‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND

23 OBLIGATIONS OF PARTY STATES

24 ‘‘SEC. 4.01. The host state shall develop and have full

25 administrative control over the development, management

26 and operation of a facility for the disposal of low-level ra-
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1 dioactive waste generated within the party states. The host

2 state shall be entitled to unlimited use of the facility over

3 its operating life. Use of the facility by the non-host party

4 states for disposal of low-level radioactive waste, including

5 such waste resulting from decommissioning of any nuclear

6 electric generation facilities located in the party states, is

7 limited to the volume requirements of Section 3.04(11) of

8 Article III.

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

10 within the party states shall be disposed of only at the com11 pact facility, except as provided in Section 3.05(7) of Arti12 cle III.

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

14 be members of another low-level radioactive waste compact

15 entered into pursuant to the Act.

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

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

18 manner and operated and maintained through the in19 stitutional control period.

20 ‘‘(2) Ensure, consistent with any applicable fed21 eral and host state laws, the protection and preserva22 tion of the environment and the public health and

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

24 regulation, operation, closure, decommissioning, and
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1 long-term care of the disposal facilities within the

2 host state.

3 ‘‘(3) Close the facility when reasonably necessary

4 to protect the public health and safety of its citizens

5 or to protect its natural resources from harm. How6 ever, the host state shall notify the commission of the

7 closure within three days of its action and shall,

8 within 30 working days of its action, provide a writ9 ten explanation to the commission of the closure, and

10 implement any adopted contingency plan.

11 ‘‘(4) Establish reasonable fees for disposal at the

12 facility of low-level radioactive waste generated in the

13 party states based on disposal fee criteria set out in

14 Sections 402.272 and 402.273, Texas Health and

15 Safety Code. The same fees shall be charged for the

16 disposal of low-level radioactive waste that was gen17 erated in the host state and in the non-host party

18 states. Fees shall also be sufficient to reasonably sup19 port the activities of the Commission.

20 ‘‘(5) Submit an annual report to the commission

21 on the status of the facility, including projections of

22 the facility’s anticipated future capacity, and on the

23 related funds.

24 ‘‘(6) Notify the Commission immediately upon

25 the occurrence of any event which could cause a pos-
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1 sible temporary or permanent closure of the facility

2 and identify all reasonable options for the disposal of

3 low-level radioactive waste at alternate compact fa4 cilities or, by arrangement and Commission vote, at

5 noncompact facilities.

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

7 any legal action involving the facility.

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

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

10 transportation of low-level radioactive waste in the

11 host state.

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

13 ‘‘(1) Develop and enforce procedures requiring

14 low-level radioactive waste shipments originating

15 within its borders and destined for the facility to con16 form to packaging, processing, and waste form speci17 fications of the host state.

18 ‘‘(2) Maintain a registry of all generators within

19 the state that may have low-level radioactive waste to

20 be disposed of at a facility, including, but not limited

21 to, the amount of low-level radioactive waste and the

22 class of low-level radioactive waste generated by each

23 generator.

24 ‘‘(3) Develop and enforce procedures requiring

25 generators within its borders to minimize the volume
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1 of low-level radioactive waste requiring disposal.

2 Nothing in this compact shall prohibit the storage,

3 treatment, or management of waste by a generator.

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

5 information necessary for the implementation of the

6 commission’s responsibilities, including taking those

7 actions necessary to obtain this data or information.

8 ‘‘(5) Pay for community assistance projects des9 ignated by the host county in an amount for each

10 non-host party state equal to 10 percent of the pay11 ment provided for in Article V for each such state.

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

13 the host county on the first day of the month follow14 ing ratification of this compact agreement by Con15 gress and one-half of the payment shall be due and

16 payable on the first day of the month following the

17 approval of a facility operating license by the host

18 state’s regulatory body.

19 ‘‘(6) Provide financial support for the commis20 sion’s activities prior to the date of facility operation

21 and subsequent to the date of congressional ratifica22 tion of this compact under Section 7.07 of Article VII.

23 Each party state will be responsible for annual pay24 ments equalling its pro-rata share of the commission’s
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1 expenses, incurred for administrative, legal, and other

2 purposes of the commission.

3 ‘‘(7) If agreed by all parties to a dispute, submit

4 the dispute to arbitration or other alternate dispute

5 resolution process. If arbitration is agreed upon, the

6 governor of each party state shall appoint an arbitra7 tor. If the number of party states is an even number,

8 the arbitrators so chosen shall appoint an additional

9 arbitrator. The determination of a majority of the ar10 bitrators shall be binding on the party states. Arbitra11 tion proceedings shall be conducted in accordance

12 with the provisions of 9 U.S.C. Sections 1 to 16. If

13 all parties to a dispute do not agree to arbitration or

14 alternate dispute resolution process, the United States

15 District Court in the district where the commission

16 maintains its office shall have original jurisdiction

17 over any action between or among parties to this

18 compact.

19 ‘‘(8) Provide on a regular basis to the commis20 sion and host state—

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

22 proposed to be shipped to the compact facility,

23 by volume and curies;

24 ‘‘(B) proposed transportation methods and

25 routes; and
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1 ‘‘(C) proposed shipment schedules.

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

3 against the host state to prevent nonparty states or

4 generators from disposing of low-level radioactive

5 waste at the facility.

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

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

8 party states regarding requirements of this compact.

9 ‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS

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

11 shall contribute a total of $25 million to the host state. Pay12 ments shall be deposited in the host state treasury to the

13 credit of the low-level waste fund in the following manner

14 except as otherwise provided. Not later than the 60th day

15 after the date of congressional ratification of this compact,

16 each non-host party state shall pay to the host state $12.5

17 million. Not later than the 60th day after the date of the

18 opening of the compact facility, each non-host party state

19 shall pay to the host state an additional $12.5 million.

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

21 non-host states may provide for payments in the same total

22 amount as stated above to be made to meet the principal

23 and interest expense associated with the bond indebtedness

24 or other form of indebtedness issued by the appropriate

25 agency of the host state for purposes associated with the de26 velopment, operation, and post-closure monitoring of the
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1 compact facility. In the event the member states proceed in

2 this manner, the payment schedule shall be determined in

3 accordance with the schedule of debt repayment. This sched4 ule shall replace the payment schedule described in Section

5 5.01 of this article.

6 ‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES

7 ‘‘SEC. 6.01. No person shall dispose of low-level radio8 active waste generated within the party states unless the

9 disposal is at the compact facility, except as otherwise pro10 vided in Section 3.05(7) of Article III.

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

12 low-level radioactive waste within the party states unless

13 the low-level radioactive waste was generated within the

14 party states, except as provided in Section 3.05(6) of Article

15 III. Nothing herein shall be construed to prohibit the storage

16 or management of low-level radioactive waste by a genera17 tor, nor its disposal pursuant to 10 C.F.R. Part 20.302.

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

19 prohibiting the violator from disposing of low-level radio20 active waste in the compact facility, or in the imposition

21 of penalty surcharges on shipments to the facility, as deter22 mined by the commission.

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

24 CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION

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

26 are party states to this compact. Any other state may be
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1 made eligible for party status by a majority vote of the com2 mission and ratification by the legislature of the host state,

3 subject to fulfillment of the rights of the initial non-host

4 party states under Section 3.04(11) of Article III and Sec5 tion 4.01 of Article IV, and upon compliance with those

6 terms and conditions for eligibility that the host state may

7 establish. The host state may establish all terms and condi8 tions for the entry of any state, other than the states named

9 in this section, as a member of this compact; provided, how10 ever, the specific provisions of this compact, except for those

11 pertaining to the composition of the commission and those

12 pertaining to Section 7.09 of this article, may not be

13 changed except upon ratification by the legislatures of the

14 party states.

15 ‘‘SEC. 7.02. Upon compliance with the other provisions

16 of this compact, a state made eligible under Section 7.01

17 of this article may become a party state by legislative enact18 ment of this compact or by executive order of the governor

19 of the state adopting this compact. A state becoming a party

20 state by executive order shall cease to be a party state upon

21 adjournment of the first general session of its legislature

22 convened after the executive order is issued, unless before

23 the adjournment, the legislature enacts this compact.

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

25 compact by repealing enactment of this compact subject to
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1 the provisions herein. In the event the host state allows an

2 additional state or additional states to join the compact,

3 the host state’s legislature, without the consent of the non4 host party states, shall have the right to modify the composi5 tion of the commission so that the host state shall have a

6 voting majority on the commission, provided, however, that

7 any modification maintains the right of each initial party

8 state to retain one voting member on the commission.

9 ‘‘SEC. 7.04. If the host state withdraws from the com10 pact, the withdrawal shall not become effective until five

11 years after enactment of the repealing legislation and the

12 non-host party states may continue to use the facility dur13 ing that time. The financial obligation of the non-host party

14 states under Article V shall cease immediately upon enact15 ment of the repealing legislation. If the host state withdraws

16 from the compact or abandons plans to operate a facility

17 prior to the date of any non-host party state payment under

18 Sections 4.05(5) and (6) of Article IV or Article V, the non19 host party states are relieved of any obligations to make

20 the contributions. This section sets out the exclusive rem21 edies for the non-host party states if the host state with22 draws from the compact or is unable to develop and operate

23 a compact facility.

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

25 may withdraw from the compact by repealing the enact-
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1 ment of this compact, but this withdrawal shall not become

2 effective until two years after the effective date of the repeal3 ing legislation. During this two-year period the party state

4 will continue to have access to the facility. The withdrawing

5 party shall remain liable for any payments under Sections

6 4.05(5) and (6) of Article IV that were due during the two7 year period, and shall not be entitled to any refund of pay8 ments previously made.

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

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

11 obligations hereunder may have its membership in the com12 pact revoked by a seven-eighths vote of the commission fol13 lowing notice that a hearing will be scheduled not less than

14 six months from the date of the notice. In all other respects,

15 revocation proceedings undertaken by the commission will

16 be subject to the Administrative Procedure and Texas Reg17 ister Act (Article 6252–13a, Vernon’s Texas Civil Statutes),

18 except that a party state may appeal the commission’s rev19 ocation decision to the United States District Court in ac20 cordance with Section 3.06 of Article III. Revocation shall

21 take effect one year from the date such party state receives

22 written notice from the commission of a final action. Writ23 ten notice of revocation shall be transmitted immediately

24 following the vote of the commission, by the chair, to the
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1 governor of the affected party state, all other governors of

2 party states, and to the United States Congress.

3 ‘‘SEC. 7.07. This compact shall take effect following its

4 enactment under the laws of the host state and any other

5 party state and thereafter upon the consent of the United

6 States Congress and shall remain in effect until otherwise

7 provided by federal law. If Texas and either Maine or Ver8 mont ratify this compact, the compact shall be in full force

9 and effect as to Texas and the other ratifying state, and

10 this compact shall be interpreted as follows:

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

12 initial party states.

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

14 members from the other ratifying state and six from

15 Texas.

16 ‘‘(3) Each party state is responsible for its pro17 rata share of the commission’s expenses.

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

19 United States Congress and the withdrawal of the consent

20 of Congress every five years after its effective date, pursuant

21 to federal law.

22 ‘‘SEC. 7.09. The host state legislature, with the ap23 proval of the governor, shall have the right and authority,

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

25 the provisions contained in Section 3.04(11) of Article III
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1 to comply with Section 402.219(c)(1), Texas Health & Safe2 ty Code, as long as the modification does not impair the

3 rights of the initial non-host party states.

4 ‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

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

6 broadly construed to carry out the purposes of the compact,

7 but the sovereign powers of a party shall not be infringed

8 upon unnecessarily.

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

10 proceeding pending on the effective date of this compact.

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

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

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

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

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

16 maintenance, or long-term care relating to the compact fa17 cility. Except as otherwise expressly provided in this com18 pact, nothing in this compact shall be construed to alter

19 the incidence of liability of any kind for any act or failure

20 to act. Generators, transporters, owners and operators of the

21 facility shall be liable for their acts, omissions, conduct or

22 relationships in accordance with applicable law. By enter23 ing into this compact and securing the ratification by Con24 gress of its terms, no party state acquires a potential liabil25 ity under section 5(d)(2)(C) of the Act (42 U.S.C. Sec.
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1 2021e(d)(2)(C)) that did not exist prior to entering into this

2 compact.

3 ‘‘SEC. 8.04. If a party state withdraws from the com4 pact pursuant to Section 7.03 of Article VII or has its mem5 bership in this compact revoked pursuant to section 7.06

6 of Article VII, the withdrawal or revocation shall not affect

7 any liability already incurred by or chargeable to the af8 fected state under Section 8.03 of this article.

9 ‘‘SEC. 8.05. The provisions of this compact shall be sev10 erable and if any phrase, clause, sentence, or provision of

11 this compact is declared by a court of competent jurisdic12 tion to be contrary to the constitution of any participating

13 state or of the United States or the applicability thereof to

14 any government, agency, person or circumstances is held

15 invalid, the validity of the remainder of this compact and

16 the applicability thereof to any government, agency, person,

17 or circumstance shall not be affected thereby to the extent

18 the remainder can in all fairness be given effect. If any

19 provision of this compact shall be held contrary to the con20 stitution of any state participating therein, the compact

21 shall remain in full force and effect as to the state affected

22 as to all severable matters.

23 ‘‘SEC. 8.06. Nothing in this compact diminishes or oth24 erwise impairs the jurisdiction, authority, or discretion of

25 either of the following:
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1 ‘‘(1) The United States Nuclear Regulatory Com2 mission pursuant to the Atomic Energy Act of 1954,

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

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

5 Atomic Energy Act of 1954, as amended (42 U.S.C.

6 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 fol9 lowing:

10 ‘‘(1) Regulate the packaging or transportation of

11 low-level radioactive waste in a manner inconsistent

12 with the regulations of the United States Nuclear

13 Regulatory Commission or the United States Depart14 ment 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 Reg20 ulatory Commission.’’.

Attest:

Secretary.
105TH CONGRESS

2D SESSION H. R. 629

AMENDMENT
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