In the Senate of the United States,
April 1, 1998.
Resolved, That the bill from the House of Representa-
tives (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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Texas Low-Level Radio-
active Waste Disposal Compact Consent Act’’.
SEC. 2. CONGRESSIONAL FINDING.
Congress finds that the compact set forth in section 6
is in furtherance of the Low-Level Radioactive Waste Policy
Act (42 U.S.C. 2021b et seq.).
SEC. 3. CONDITIONS ON CONSENT TO COMPACT.
(a) IN GENERAL.—The consent of Congress to the com-
pact set forth in section 6—
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(1) shall become effective on the date of enact-
ment of this Act;
(2) is granted subject to the Low-Level Radio-
active Waste Policy Act (42 U.S.C. 2021b et seq.);
and
(3) is granted on the conditions that—
(A) the Commission (as defined in the com-
pact) comply with all of the provisions of that
Act; and
(B) no low-level radioactive waste be
brought into Texas for disposal at a compact fa-
cility from any State other than the State of
Maine or Vermont.
(b) CONSENT TO SUIT.—By proceeding to implement
the compact after the date of enactment of this Act, the
party states and Commission shall be considered to have
consented to suit in a civil action under subsection (d).
(c) CONTINUING EFFECTIVENESS OF CONDITION.—If
the consent of Congress is declared to be of no further effect
in a civil action under subsection (d), the condition stated
in subsection (a)(3)(B) shall continue to apply to any sub-
sequent operation of the compact facility.
(d) ENFORCEMENT.—
(1) BY THE ATTORNEY GENERAL.—If the Attor-
ney General obtains evidence that a condition stated
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in subsection (a)(3) has not been complied with at
any time, the Attorney General shall bring a civil ac-
tion in United States district court for a judgment
against the party states (as defined in the compact)
and Commission—
(A) declaring that the consent of Congress to
the compact is of no further effect by reason of
the failure to meet the condition;
(B) enjoining any further failure of compli-
ance; and
(C) in any second or subsequent civil action
under this subsection in which the court finds
that a second or subsequent failure to comply
with the condition stated in subsection (a)(3)(B)
has occurred, ordering that the compact facility
be closed.
(2) BY A MEMBER OF THE COMMUNITY IN WHICH
A
COMPACT
FACILITY
IS
LOCATED.—If any person
that resides or has a principal place of business in the
community in which a compact facility is located ob-
tains evidence that the condition stated in subsection
(a)(3)(B) has not been complied with at any time, the
person may bring a civil action in United States dis-
trict court for a judgment against the party states
and Commission—
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(A) declaring that the consent of Congress to
the compact is of no further effect by reason of
the failure to meet the condition;
(B) enjoining any further failure of compli-
ance; and
(C) in any second or subsequent civil action
under this subsection in which the court finds
that a second or subsequent failure to comply
with the condition stated in subsection (a)(3)(B)
has occurred, ordering that the compact facility
be closed.
SEC. 4. CONGRESSIONAL REVIEW.
Congress may alter, amend, or repeal this Act with
respect to the compact set forth in section 6 after the expira-
tion of the 10-year period following the date of enactment
of this Act, and at such intervals thereafter as may be pro-
vided in the compact.
SEC. 5. ADDITIONAL CONDITION ON CONSENT TO COM-
PACT.
(a) IN GENERAL.—The consent of Congress to the com-
pact set forth in section 6 is granted on the condition that
the compact not be implemented (including execution by
any party state (as defined in the compact) of any right,
responsibility, or obligation of the party state under Article
IV of the compact) in any way that discriminates against
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any community (through disparate treatment or disparate
impact) by reason of the composition of the community in
terms of race, color, national origin, or income level.
(b) CONSENT TO SUIT.—By proceeding to implement
the compact after the date of enactment of this Act, the
party states and Commission shall be considered to have
consented to suit in a civil action under subsection (d).
(c) CONTINUING EFFECTIVENESS OF CONDITION.—If
the consent of Congress is declared to be of no further effect
in a civil action under subsection (d), the condition stated
in subsection (a) shall continue to apply to any subsequent
operation of the compact facility.
(d) ENFORCEMENT.—
(1) BY THE ATTORNEY GENERAL.—If the Attor-
ney General obtains evidence that the condition stated
in subsection (a) has not been complied with at any
time, the Attorney General shall bring a civil action
in United States district court for a judgment against
the party states (as defined in the compact) and Com-
mission—
(A) declaring that the consent of Congress to
the compact is of no further effect by reason of
the failure to meet the condition; and
(B) enjoining any further failure of compli-
ance.
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(2) BY A MEMBER OF AN AFFECTED COMMU-
NITY.—If person that resides or has a principal place
of business a community that is adversely affected by
a failure to comply with the condition stated in sub-
section (a) obtains evidence of the failure of compli-
ance, the person may bring a civil action in United
States district court for a judgment against the party
states and Commission—
(A) declaring that the consent of Congress to
the compact is of no further effect by reason of
the failure to meet the condition; and
(B) enjoining any further failure of compli-
ance.
SEC. 6. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
(a) CONSENT OF CONGRESS.—In accordance with sec-
tion 4(a)(2) of the Low-Level Radioactive Waste Policy Act
(42 U.S.C. 2021d(a)(2)), the consent of Congress is given
to the States of Texas, Maine, and Vermont to enter into
the compact set forth in subsection (b).
(b) TEXT OF COMPACT.—The compact reads substan-
tially as follows:
‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
COMPACT
‘‘ARTICLE I. POLICY AND PURPOSE
‘‘SEC. 1.01. The party states recognize a responsibility
for each state to seek to manage low-level radioactive waste
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generated within its boundaries, pursuant to the Low-Level
Radioactive Waste Policy Act, as amended by the Low-Level
Radioactive Waste Policy Amendments Act of 1985 (42
U.S.C. 2021b–2021j). They also recognize that the United
States Congress, by enacting the Act, has authorized and
encouraged states to enter into compacts for the efficient
management and disposal of low-level radioactive waste. It
is the policy of the party states to cooperate in the protec-
tion of the health, safety, and welfare of their citizens and
the environment and to provide for and encourage the eco-
nomical management and disposal of low-level radioactive
waste. It is the purpose of this compact to provide the
framework for such a cooperative effort; to promote the
health, safety, and welfare of the citizens and the environ-
ment of the party states; to limit the number of facilities
needed to effectively, efficiently, and economically manage
low-level radioactive waste and to encourage the reduction
of the generation thereof; and to distribute the costs, benefits,
and obligations among the party states; all in accordance
with the terms of this compact.
‘‘ARTICLE II. DEFINITIONS
‘‘SEC. 2.01. As used in this compact, unless the context
clearly indicates otherwise, the following definitions apply:
‘‘(1) ‘Act’ means the Low-Level Radioactive
Waste Policy Act, as amended by the Low-Level Ra-
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dioactive Waste Policy Amendments Act of 1985 (42
U.S.C. 2021b–2021j).
‘‘(2) ‘Commission’ means the Texas Low-Level
Radioactive Waste Disposal Compact Commission es-
tablished in Article III of this compact.
‘‘(3) ‘Compact facility’ or ‘facility’ means any
site, location, structure, or property located in and
provided by the host state for the purpose of manage-
ment or disposal of low-level radioactive waste for
which the party states are responsible.
‘‘(4) ‘Disposal’ means the permanent isolation of
low-level radioactive waste pursuant to requirements
established by the United States Nuclear Regulatory
Commission and the United States Environmental
Protection Agency under applicable laws, or by the
host state.
‘‘(5) ‘Generate,’ when used in relation to low-
level radioactive waste, means to produce low-level ra-
dioactive waste.
‘‘(6) ‘Generator’ means a person who produces or
processes low-level radioactive waste in the course of
its activities, excluding persons who arrange for the
collection, transportation, management, treatment,
storage, or disposal of waste generated outside the
party states, unless approved by the commission.
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compact. Texas, Maine, and Vermont are initial
party states under this compact.
‘‘(14) ‘Person’ means an individual, corporation,
partnership or other legal entity, whether public or
private.
‘‘(15) ‘Transporter’ means a person who trans-
ports low-level radioactive waste.
‘‘ARTICLE III. THE COMMISSION
‘‘SEC. 3.01. There is hereby established the Texas Low-
Level Radioactive Waste Disposal Compact Commission.
The commission shall consist of one voting member from
each party state except that the host state shall be entitled
to six voting members. Commission members shall be ap-
pointed by the party state governors, as provided by the
laws of each party state. Each party state may provide al-
ternates for each appointed member.
‘‘SEC. 3.02. A quorum of the commission consists of
a majority of the members. Except as otherwise provided
in this compact, an official act of the commission must re-
ceive the affirmative vote of a majority of its members.
‘‘SEC. 3.03. The commission is a legal entity separate
and distinct from the party states and has governmental
immunity to the same extent as an entity created under
the authority of Article XVI, Section 59, of the Texas Con-
stitution. Members of the commission shall not be personally
liable for actions taken in their official capacity. The liabil-
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ities of the commission shall not be deemed liabilities of the
party states.
‘‘SEC. 3.04. The commission shall:
‘‘(1) Compensate its members according to the
host state’s law.
‘‘(2) Conduct its business, hold meetings, and
maintain public records pursuant to laws of the host
state, except that notice of public meetings shall be
given in the non-host party states in accordance with
their respective statutes.
‘‘(3) Be located in the capital city of the host
state.
‘‘(4) Meet at least once a year and upon the call
of the chair, or any member. The governor of the host
state shall appoint a chair and vice-chair.
‘‘(5) Keep an accurate account of all receipts
and disbursements. An annual audit of the books of
the commission shall be conducted by an independent
certified public accountant, and the audit report shall
be made a part of the annual report of the commis-
sion.
‘‘(6) Approve a budget each year and establish a
fiscal year that conforms to the fiscal year of the host
state.
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‘‘(7) Prepare, adopt, and implement contingency
plans for the disposal and management of low-level
radioactive waste in the event that the compact facil-
ity should be closed. Any plan which requires the host
state to store or otherwise manage the low-level radio-
active waste from all the party states must be ap-
proved by at least four host state members of the com-
mission. The commission, in a contingency plan or
otherwise, may not require a non-host party state to
store low-level radioactive waste generated outside of
the state.
‘‘(8) Submit communications to the governors
and to the presiding officers of the legislatures of the
party states regarding the activities of the commis-
sion, including an annual report to be submitted on
or before January 31 of each year.
‘‘(9) Assemble and make available to the party
states, and to the public, information concerning low-
level radioactive waste management needs, tech-
nologies, and problems.
‘‘(10) Keep a current inventory of all generators
within the party states, based upon information pro-
vided by the party states.
‘‘(11) By no later than 180 days after all mem-
bers of the commission are appointed under Section
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3.01 of this article, establish by rule the total volume
of low-level radioactive waste that the host state will
dispose of in the compact facility in the years 1995–
2045, including decommissioning waste. The ship-
ments of low-level radioactive waste from all non-host
party states shall not exceed 20 percent of the volume
estimated to be disposed of by the host state during
the 50-year period. When averaged over such 50-year
period, the total of all shipments from non-host party
states shall not exceed 20,000 cubic feet a year. The
commission shall coordinate the volumes, timing, and
frequency of shipments from generators in the non-
host party states in order to assure that over the life
of this agreement shipments from the non-host party
states do not exceed 20 percent of the volume projected
by the commission under this paragraph.
‘‘SEC. 3.05. The commission may:
‘‘(1) Employ staff necessary to carry out its du-
ties and functions. The commission is authorized to
use to the extent practicable the services of existing
employees of the party states. Compensation shall be
as determined by the commission.
‘‘(2) Accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from
the federal or state government. The nature, amount
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and condition, if any, of any donation, grant or other
resources accepted pursuant to this paragraph and
the identity of the donor or grantor shall be detailed
in the annual report of the commission.
‘‘(3) Enter into contracts to carry out its duties
and authority, subject to projected resources. No con-
tract made by the commission shall bind a party
state.
‘‘(4) Adopt, by a majority vote, bylaws and rules
necessary to carry out the terms of this compact. Any
rules promulgated by the commission shall be adopted
in accordance with the Administrative Procedure and
Texas Register Act (Article 6252–13a, Vernon’s Texas
Civil Statutes).
‘‘(5) Sue and be sued and, when authorized by
a majority vote of the members, seek to intervene in
administrative or judicial proceedings related to this
compact.
‘‘(6) Enter into an agreement with any person,
state, regional body, or group of states for the impor-
tation of low-level radioactive waste into the compact
for management or disposal, provided that the agree-
ment receives a majority vote of the commission. The
commission may adopt such conditions and restric-
tions in the agreement as it deems advisable.
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‘‘(7) Upon petition, allow an individual genera-
tor, a group of generators, or the host state of the
compact, to export low-level waste to a low-level ra-
dioactive waste disposal facility located outside the
party states. The commission may approve the peti-
tion only by a majority vote of its members. The per-
mission to export low-level radioactive waste shall be
effective for that period of time and for the specified
amount of low-level radioactive waste, and subject to
any other term or condition, as is determined by the
commission.
‘‘(8) Monitor the exportation outside of the party
states of material, which otherwise meets the criteria
of low-level radioactive waste, where the sole purpose
of the exportation is to manage or process the mate-
rial for recycling or waste reduction and return it to
the party states for disposal in the compact facility.
‘‘SEC. 3.06. Jurisdiction and venue of any action con-
testing any action of the commission shall be in the United
States District Court in the district where the commission
maintains its office.
‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND
OBLIGATIONS OF PARTY STATES
‘‘SEC. 4.01. The host state shall develop and have full
administrative control over the development, management
and operation of a facility for the disposal of low-level ra-
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dioactive waste generated within the party states. The host
state shall be entitled to unlimited use of the facility over
its operating life. Use of the facility by the non-host party
states for disposal of low-level radioactive waste, including
such waste resulting from decommissioning of any nuclear
electric generation facilities located in the party states, is
limited to the volume requirements of Section 3.04(11) of
Article III.
‘‘SEC. 4.02. Low-level radioactive waste generated
within the party states shall be disposed of only at the com-
pact facility, except as provided in Section 3.05(7) of Arti-
cle III.
‘‘SEC. 4.03. The initial states of this compact cannot
be members of another low-level radioactive waste compact
entered into pursuant to the Act.
‘‘SEC. 4.04. The host state shall do the following:
‘‘(1) Cause a facility to be developed in a timely
manner and operated and maintained through the in-
stitutional control period.
‘‘(2) Ensure, consistent with any applicable fed-
eral and host state laws, the protection and preserva-
tion of the environment and the public health and
safety in the siting, design, development, licensing,
regulation, operation, closure, decommissioning, and
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long-term care of the disposal facilities within the
host state.
‘‘(3) Close the facility when reasonably necessary
to protect the public health and safety of its citizens
or to protect its natural resources from harm. How-
ever, the host state shall notify the commission of the
closure within three days of its action and shall,
within 30 working days of its action, provide a writ-
ten explanation to the commission of the closure, and
implement any adopted contingency plan.
‘‘(4) Establish reasonable fees for disposal at the
facility of low-level radioactive waste generated in the
party states based on disposal fee criteria set out in
Sections 402.272 and 402.273, Texas Health and
Safety Code. The same fees shall be charged for the
disposal of low-level radioactive waste that was gen-
erated in the host state and in the non-host party
states. Fees shall also be sufficient to reasonably sup-
port the activities of the Commission.
‘‘(5) Submit an annual report to the commission
on the status of the facility, including projections of
the facility’s anticipated future capacity, and on the
related funds.
‘‘(6) Notify the Commission immediately upon
the occurrence of any event which could cause a pos-
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sible temporary or permanent closure of the facility
and identify all reasonable options for the disposal of
low-level radioactive waste at alternate compact fa-
cilities or, by arrangement and Commission vote, at
noncompact facilities.
‘‘(7) Promptly notify the other party states of
any legal action involving the facility.
‘‘(8) Identify and regulate, in accordance with
federal and host state law, the means and routes of
transportation of low-level radioactive waste in the
host state.
‘‘SEC. 4.05. Each party state shall do the following:
‘‘(1) Develop and enforce procedures requiring
low-level radioactive waste shipments originating
within its borders and destined for the facility to con-
form to packaging, processing, and waste form speci-
fications of the host state.
‘‘(2) Maintain a registry of all generators within
the state that may have low-level radioactive waste to
be disposed of at a facility, including, but not limited
to, the amount of low-level radioactive waste and the
class of low-level radioactive waste generated by each
generator.
‘‘(3) Develop and enforce procedures requiring
generators within its borders to minimize the volume
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of low-level radioactive waste requiring disposal.
Nothing in this compact shall prohibit the storage,
treatment, or management of waste by a generator.
‘‘(4) Provide the commission with any data and
information necessary for the implementation of the
commission’s responsibilities, including taking those
actions necessary to obtain this data or information.
‘‘(5) Pay for community assistance projects des-
ignated by the host county in an amount for each
non-host party state equal to 10 percent of the pay-
ment provided for in Article V for each such state.
One-half of the payment shall be due and payable to
the host county on the first day of the month follow-
ing ratification of this compact agreement by Con-
gress and one-half of the payment shall be due and
payable on the first day of the month following the
approval of a facility operating license by the host
state’s regulatory body.
‘‘(6) Provide financial support for the commis-
sion’s activities prior to the date of facility operation
and subsequent to the date of congressional ratifica-
tion of this compact under Section 7.07 of Article VII.
Each party state will be responsible for annual pay-
ments equalling its pro-rata share of the commission’s
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expenses, incurred for administrative, legal, and other
purposes of the commission.
‘‘(7) If agreed by all parties to a dispute, submit
the dispute to arbitration or other alternate dispute
resolution process. If arbitration is agreed upon, the
governor of each party state shall appoint an arbitra-
tor. If the number of party states is an even number,
the arbitrators so chosen shall appoint an additional
arbitrator. The determination of a majority of the ar-
bitrators shall be binding on the party states. Arbitra-
tion proceedings shall be conducted in accordance
with the provisions of 9 U.S.C. Sections 1 to 16. If
all parties to a dispute do not agree to arbitration or
alternate dispute resolution process, the United States
District Court in the district where the commission
maintains its office shall have original jurisdiction
over any action between or among parties to this
compact.
‘‘(8) Provide on a regular basis to the commis-
sion and host state—
‘‘(A) an accounting of waste shipped and
proposed to be shipped to the compact facility,
by volume and curies;
‘‘(B) proposed transportation methods and
routes; and
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‘‘(C) proposed shipment schedules.
‘‘(9) Seek to join in any legal action by or
against the host state to prevent nonparty states or
generators from disposing of low-level radioactive
waste at the facility.
‘‘SEC. 4.06. Each party state shall act in good faith
and may rely on the good faith performance of the other
party states regarding requirements of this compact.
‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS
‘‘SEC. 5.01. Each party state, except the host state,
shall contribute a total of $25 million to the host state. Pay-
ments shall be deposited in the host state treasury to the
credit of the low-level waste fund in the following manner
except as otherwise provided. Not later than the 60th day
after the date of congressional ratification of this compact,
each non-host party state shall pay to the host state $12.5
million. Not later than the 60th day after the date of the
opening of the compact facility, each non-host party state
shall pay to the host state an additional $12.5 million.
‘‘SEC. 5.02. As an alternative, the host state and the
non-host states may provide for payments in the same total
amount as stated above to be made to meet the principal
and interest expense associated with the bond indebtedness
or other form of indebtedness issued by the appropriate
agency of the host state for purposes associated with the de-
velopment, operation, and post-closure monitoring of the
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compact facility. In the event the member states proceed in
this manner, the payment schedule shall be determined in
accordance with the schedule of debt repayment. This sched-
ule shall replace the payment schedule described in Section
5.01 of this article.
‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES
‘‘SEC. 6.01. No person shall dispose of low-level radio-
active waste generated within the party states unless the
disposal is at the compact facility, except as otherwise pro-
vided in Section 3.05(7) of Article III.
‘‘SEC. 6.02. No person shall manage or dispose of any
low-level radioactive waste within the party states unless
the low-level radioactive waste was generated within the
party states, except as provided in Section 3.05(6) of Article
III. Nothing herein shall be construed to prohibit the storage
or management of low-level radioactive waste by a genera-
tor, nor its disposal pursuant to 10 C.F.R. Part 20.302.
‘‘SEC. 6.03. Violations of this article may result in
prohibiting the violator from disposing of low-level radio-
active waste in the compact facility, or in the imposition
of penalty surcharges on shipments to the facility, as deter-
mined by the commission.
‘‘ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT;
CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION
‘‘SEC. 7.01. The states of Texas, Maine, and Vermont
are party states to this compact. Any other state may be
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made eligible for party status by a majority vote of the com-
mission and ratification by the legislature of the host state,
subject to fulfillment of the rights of the initial non-host
party states under Section 3.04(11) of Article III and Sec-
tion 4.01 of Article IV, and upon compliance with those
terms and conditions for eligibility that the host state may
establish. The host state may establish all terms and condi-
tions for the entry of any state, other than the states named
in this section, as a member of this compact; provided, how-
ever, the specific provisions of this compact, except for those
pertaining to the composition of the commission and those
pertaining to Section 7.09 of this article, may not be
changed except upon ratification by the legislatures of the
party states.
‘‘SEC. 7.02. Upon compliance with the other provisions
of this compact, a state made eligible under Section 7.01
of this article may become a party state by legislative enact-
ment of this compact or by executive order of the governor
of the state adopting this compact. A state becoming a party
state by executive order shall cease to be a party state upon
adjournment of the first general session of its legislature
convened after the executive order is issued, unless before
the adjournment, the legislature enacts this compact.
‘‘SEC. 7.03. Any party state may withdraw from this
compact by repealing enactment of this compact subject to
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the provisions herein. In the event the host state allows an
additional state or additional states to join the compact,
the host state’s legislature, without the consent of the non-
host party states, shall have the right to modify the composi-
tion of the commission so that the host state shall have a
voting majority on the commission, provided, however, that
any modification maintains the right of each initial party
state to retain one voting member on the commission.
‘‘SEC. 7.04. If the host state withdraws from the com-
pact, the withdrawal shall not become effective until five
years after enactment of the repealing legislation and the
non-host party states may continue to use the facility dur-
ing that time. The financial obligation of the non-host party
states under Article V shall cease immediately upon enact-
ment of the repealing legislation. If the host state withdraws
from the compact or abandons plans to operate a facility
prior to the date of any non-host party state payment under
Sections 4.05(5) and (6) of Article IV or Article V, the non-
host party states are relieved of any obligations to make
the contributions. This section sets out the exclusive rem-
edies for the non-host party states if the host state with-
draws from the compact or is unable to develop and operate
a compact facility.
‘‘SEC. 7.05. A party state, other than the host state,
may withdraw from the compact by repealing the enact-
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ment of this compact, but this withdrawal shall not become
effective until two years after the effective date of the repeal-
ing legislation. During this two-year period the party state
will continue to have access to the facility. The withdrawing
party shall remain liable for any payments under Sections
4.05(5) and (6) of Article IV that were due during the two-
year period, and shall not be entitled to any refund of pay-
ments previously made.
‘‘SEC. 7.06. Any party state that substantially fails
to comply with the terms of the compact or to fulfill its
obligations hereunder may have its membership in the com-
pact revoked by a seven-eighths vote of the commission fol-
lowing notice that a hearing will be scheduled not less than
six months from the date of the notice. In all other respects,
revocation proceedings undertaken by the commission will
be subject to the Administrative Procedure and Texas Reg-
ister Act (Article 6252–13a, Vernon’s Texas Civil Statutes),
except that a party state may appeal the commission’s rev-
ocation decision to the United States District Court in ac-
cordance with Section 3.06 of Article III. Revocation shall
take effect one year from the date such party state receives
written notice from the commission of a final action. Writ-
ten notice of revocation shall be transmitted immediately
following the vote of the commission, by the chair, to the
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governor of the affected party state, all other governors of
party states, and to the United States Congress.
‘‘SEC. 7.07. This compact shall take effect following its
enactment under the laws of the host state and any other
party state and thereafter upon the consent of the United
States Congress and shall remain in effect until otherwise
provided by federal law. If Texas and either Maine or Ver-
mont ratify this compact, the compact shall be in full force
and effect as to Texas and the other ratifying state, and
this compact shall be interpreted as follows:
‘‘(1) Texas and the other ratifying state are the
initial party states.
‘‘(2) The commission shall consist of two voting
members from the other ratifying state and six from
Texas.
‘‘(3) Each party state is responsible for its pro-
rata share of the commission’s expenses.
‘‘SEC. 7.08. This compact is subject to review by the
United States Congress and the withdrawal of the consent
of Congress every five years after its effective date, pursuant
to federal law.
‘‘SEC. 7.09. The host state legislature, with the ap-
proval of the governor, shall have the right and authority,
without the consent of the non-host party states, to modify
the provisions contained in Section 3.04(11) of Article III
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to comply with Section 402.219(c)(1), Texas Health & Safe-
ty Code, as long as the modification does not impair the
rights of the initial non-host party states.
‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
‘‘SEC. 8.01. The provisions of this compact shall be
broadly construed to carry out the purposes of the compact,
but the sovereign powers of a party shall not be infringed
upon unnecessarily.
‘‘SEC. 8.02. This compact does not affect any judicial
proceeding pending on the effective date of this compact.
‘‘SEC. 8.03. No party state acquires any liability, by
joining this compact, resulting from the siting, operation,
maintenance, long-term care or any other activity relating
to the compact facility. No non-host party state shall be
liable for any harm or damage from the siting, operation,
maintenance, or long-term care relating to the compact fa-
cility. Except as otherwise expressly provided in this com-
pact, nothing in this compact shall be construed to alter
the incidence of liability of any kind for any act or failure
to act. Generators, transporters, owners and operators of the
facility shall be liable for their acts, omissions, conduct or
relationships in accordance with applicable law. By enter-
ing into this compact and securing the ratification by Con-
gress of its terms, no party state acquires a potential liabil-
ity under section 5(d)(2)(C) of the Act (42 U.S.C. Sec.
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2021e(d)(2)(C)) that did not exist prior to entering into this
compact.
‘‘SEC. 8.04. If a party state withdraws from the com-
pact pursuant to Section 7.03 of Article VII or has its mem-
bership in this compact revoked pursuant to section 7.06
of Article VII, the withdrawal or revocation shall not affect
any liability already incurred by or chargeable to the af-
fected state under Section 8.03 of this article.
‘‘SEC. 8.05. The provisions of this compact shall be sev-
erable and if any phrase, clause, sentence, or provision of
this compact is declared by a court of competent jurisdic-
tion to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to
any government, agency, person or circumstances is held
invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person,
or circumstance shall not be affected thereby to the extent
the remainder can in all fairness be given effect. If any
provision of this compact shall be held contrary to the con-
stitution of any state participating therein, the compact
shall remain in full force and effect as to the state affected
as to all severable matters.
‘‘SEC. 8.06. Nothing in this compact diminishes or oth-
erwise impairs the jurisdiction, authority, or discretion of
either of the following:
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‘‘(1) The United States Nuclear Regulatory Com-
mission pursuant to the Atomic Energy Act of 1954,
as amended (42 U.S.C. Sec. 2011 et seq.).
‘‘(2) An agreement state under section 274 of the
Atomic Energy Act of 1954, as amended (42 U.S.C.
Sec. 2021).
‘‘SEC. 8.07. Nothing in this compact confers any new
authority on the states or commission to do any of the fol-
lowing:
‘‘(1) Regulate the packaging or transportation of
low-level radioactive waste in a manner inconsistent
with the regulations of the United States Nuclear
Regulatory Commission or the United States Depart-
ment of Transportation.
‘‘(2) Regulate health, safety, or environmental
hazards from source, by-product, or special nuclear
material.
‘‘(3) Inspect the activities of licensees of the
agreement states or of the United States Nuclear Reg-
ulatory Commission.’’.
Attest:
Secretary.