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Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-403-texas-low-level-radioactive-waste-disposal-compact

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS

CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor shall

appoint six members to represent this state on the commission

established by Article III of the Texas Low-Level Radioactive

Waste Disposal Compact. One of the voting members of the compact

commission shall be a legal resident of the host county.

(b) The governor may provide an alternate for each commissioner

appointed under this section.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 2003, 78th Leg., ch. 1067, Sec. 21, eff.

Sept. 1, 2003.

Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. A host

state commissioner serves for a term of six years and until a

successor is appointed and qualified. A vacancy in the office of

commissioner is filled for the unexpired term by appointment of

the governor.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.003. OATH. A host state commissioner shall take the

constitutional oath of office and shall also take an oath to

faithfully perform the duties of commissioner.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.004. COMPENSATION. A host state commissioner is not

entitled to compensation for performing the duties of

commissioner but is entitled to reimbursement for actual and

necessary expenses incurred in the performance of the duties of

commissioner.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.005. POWERS AND DUTIES. The Texas Low-Level

Radioactive Waste Disposal Compact Commission and the members of

the commission have the powers and duties prescribed by the

compact. The members of the commission are responsible for

administering the provisions of the compact.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.006. TEXT OF COMPACT. The Texas Low-Level Radioactive

Waste Disposal Compact reads as follows:

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 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. Sections 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 protection of the health, safety, and welfare of

their citizens and the environment and to provide for and

encourage the economical 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 environment

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 Radioactive Waste Policy Amendments Act

of 1985 (42 U.S.C. Sections 2021b-2021j).

(2) "Commission" means the Texas Low-Level Radioactive Waste

Disposal Compact Commission established 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 management 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 radioactive 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.

(7) "Host county" means a county in the host state in which a

disposal facility is located or is being developed.

(8) "Host state" means a party state in which a compact facility

is located or is being developed. The state of Texas is the host

state under this compact.

(9) "Institutional control period" means that period of time

following closure of the facility and transfer of the facility

license from the operator to the custodial agency in compliance

with the appropriate regulations for long-term observation and

maintenance.

(10) "Low-level radioactive waste" has the same meaning as that

term is defined in Section 2(9) of the Act (42 U.S.C. Section

2021b(9)), or in the host state statute so long as the waste is

not incompatible with management and disposal at the compact

facility.

(11) "Management" means collection, consolidation, storage,

packaging, or treatment.

(12) "Operator" means a person who operates a disposal facility.

(13) "Party state" means any state that has become a party in

accordance with Article VII of this 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 transports 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 appointed by the party state

governors, as provided by the laws of each party state. Each

party state may provide alternates 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 receive 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 Constitution. Members of the commission

shall not be personally liable for actions taken in their

official capacity. The liabilities 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 nonhost 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

commission.

(6) Approve a budget each year and establish a fiscal year that

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the

disposal and management of low-level radioactive waste in the

event that the compact facility should be closed. Any plan which

requires the host state to store or otherwise manage the

low-level radioactive waste from all the party states must be

approved by at least four host state members of the commission.

The commission, in a contingency plan or otherwise, may not

require a nonhost 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 commission, 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, technologies, and problems.

(10) Keep a current inventory of all generators within the party

states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the

commission are appointed under Section 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

shipments of low-level radioactive waste from all nonhost 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 nonhost 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 nonhost party

states in order to assure that over the life of this agreement

shipments from the nonhost 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 duties 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, 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 contract 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 Chapter 2001,

Government Code.

(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 importation of low-level

radioactive waste into the compact for management or disposal,

provided that the agreement receives a majority vote of the

commission. The commission may adopt such conditions and

restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of

generators, or the host state of the compact to export low-level

radioactive waste to a low-level radioactive waste disposal

facility located outside the party states. The commission may

approve the petition only by a majority vote of its members. The

permission 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 material 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 contesting 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 radioactive

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 nonhost 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 compact facility, except

as provided in Section 3.05(7) of Article 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 institutional control period.

(2) Ensure, consistent with any applicable federal and host

state laws, the protection and preservation of the environment

and the public health and safety in the siting, design,

development, licensing, regulation, operation, closure,

decommissioning, and 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. However, 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 written

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 generated in

the host state and in the nonhost party states. Fees shall also

be sufficient to reasonably support 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 that could cause a possible temporary or permanent closure

of the facility and identify all reasonable options for the

disposal of low-level radioactive waste at alternate compact

facilities 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 conform to packaging, processing,

and waste form specifications 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 the

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 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 designated by the host

county in an amount for each nonhost party state equal to 10

percent of the payment 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 following ratification

of this compact agreement by congress 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 commission's activities

prior to the date of facility operation and subsequent to the

date of congressional ratification of this compact under Section

7.07 of Article VII. Each party state will be responsible for

annual payments equaling its pro-rata share of the commission's

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 arbitrator. 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

arbitrators shall be binding on the party states. Arbitration

proceedings shall be conducted in accordance with the provisions

of 9 U.S.C. Sections 1 through 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 commission 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

(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. Payments

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 nonhost 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 nonhost party state shall pay to the host state an

additional $12.5 million.

Sec. 5.02. As an alternative, the host state and the nonhost

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 development, operation, and

post-closure monitoring of the 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 schedule 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 radioactive waste

generated within the party states unless the disposal is at the

compact facility, except as otherwise provided 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 generator, nor its disposal

pursuant to 10 C.F.R. Section 20.302.

Sec. 6.03. Violations of this article may result in prohibiting

the violator from disposing of low-level radioactive waste in the

compact facility, or in the imposition of penalty surcharges on

shipments to the facility, as determined 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 made eligible for

party status by a majority vote of the commission and

ratification by the legislature of the host state, subject to

fulfillment of the rights of the initial nonhost party states

under Section 3.04(11) of Article III and Section 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 conditions for the entry of any state,

other than the states named in this section, as a member of this

compact; provided, however, 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 enactment 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 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 nonhost party states,

shall have the right to modify the composition 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 compact, the

withdrawal shall not become effective until five years after

enactment of the repealing legislation and the nonhost party

states may continue to use the facility during that time. The

financial obligation of the nonhost party states under Article V

shall cease immediately upon enactment 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

nonhost party state payment under Sections 4.05(5) and (6), of

Article IV or Article V, the nonhost party states are relieved of

any obligations to make the contributions. This section sets out

the exclusive remedies for the nonhost party states if the host

state withdraws 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 enactment of this compact, but

this withdrawal shall not become effective until two years after

the effective date of the repealing 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 payments 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 compact revoked by a

seven-eighths vote of the commission following 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 Chapter 2001,

Government Code, except that a party state may appeal the

commission's revocation decision to the United States District

Court in accordance 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.

Written notice of revocation shall be transmitted immediately

following the vote of the commission, by the chair, to the

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 Vermont 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 approval of the

governor, shall have the right and authority, without the consent

of the nonhost party states, to modify the provisions contained

in Section 3.04(11) of Article III to comply with Section

402.219(c)(1), Texas Health and Safety Code, as long as the

modification does not impair the rights of the initial nonhost

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 nonhost party state shall be liable for any harm or

damage from the siting, operation, maintenance, or long-term care

relating to the compact facility. Except as otherwise expressly

provided in this compact, 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 entering into this compact and securing the

ratification by congress of its terms, no party state acquires a

potential liability under Section 5(d)(2)(C) of the Act (42

U.S.C. Section 2021e(d)(2)(C)) that did not exist prior to

entering into this compact.

Sec. 8.04. If a party state withdraws from the compact pursuant

to Section 7.03 of Article VII or has its membership 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 affected state under Section

8.03 of this article.

Sec. 8.05. The provisions of this compact shall be severable and

if any phrase, clause, sentence, or provision of this compact is

declared by a court of competent jurisdiction 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 constitution 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 otherwise

impairs the jurisdiction, authority, or discretion of either of

the following:

(1) the United States Nuclear Regulatory Commission pursuant to

the Atomic Energy Act of 1954, as amended (42 U.S.C. Section 2011

et seq.); or

(2) an agreement state under Section 274 of the Atomic Energy

Act of 1954, as amended (42 U.S.C. Section 2021).

Sec. 8.07. Nothing in this compact confers any new authority on

the states or commission to do any of the following:

(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 Department 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 Regulatory Commission.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-403-texas-low-level-radioactive-waste-disposal-compact

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS

CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor shall

appoint six members to represent this state on the commission

established by Article III of the Texas Low-Level Radioactive

Waste Disposal Compact. One of the voting members of the compact

commission shall be a legal resident of the host county.

(b) The governor may provide an alternate for each commissioner

appointed under this section.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 2003, 78th Leg., ch. 1067, Sec. 21, eff.

Sept. 1, 2003.

Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. A host

state commissioner serves for a term of six years and until a

successor is appointed and qualified. A vacancy in the office of

commissioner is filled for the unexpired term by appointment of

the governor.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.003. OATH. A host state commissioner shall take the

constitutional oath of office and shall also take an oath to

faithfully perform the duties of commissioner.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.004. COMPENSATION. A host state commissioner is not

entitled to compensation for performing the duties of

commissioner but is entitled to reimbursement for actual and

necessary expenses incurred in the performance of the duties of

commissioner.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.005. POWERS AND DUTIES. The Texas Low-Level

Radioactive Waste Disposal Compact Commission and the members of

the commission have the powers and duties prescribed by the

compact. The members of the commission are responsible for

administering the provisions of the compact.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.006. TEXT OF COMPACT. The Texas Low-Level Radioactive

Waste Disposal Compact reads as follows:

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 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. Sections 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 protection of the health, safety, and welfare of

their citizens and the environment and to provide for and

encourage the economical 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 environment

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 Radioactive Waste Policy Amendments Act

of 1985 (42 U.S.C. Sections 2021b-2021j).

(2) "Commission" means the Texas Low-Level Radioactive Waste

Disposal Compact Commission established 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 management 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 radioactive 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.

(7) "Host county" means a county in the host state in which a

disposal facility is located or is being developed.

(8) "Host state" means a party state in which a compact facility

is located or is being developed. The state of Texas is the host

state under this compact.

(9) "Institutional control period" means that period of time

following closure of the facility and transfer of the facility

license from the operator to the custodial agency in compliance

with the appropriate regulations for long-term observation and

maintenance.

(10) "Low-level radioactive waste" has the same meaning as that

term is defined in Section 2(9) of the Act (42 U.S.C. Section

2021b(9)), or in the host state statute so long as the waste is

not incompatible with management and disposal at the compact

facility.

(11) "Management" means collection, consolidation, storage,

packaging, or treatment.

(12) "Operator" means a person who operates a disposal facility.

(13) "Party state" means any state that has become a party in

accordance with Article VII of this 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 transports 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 appointed by the party state

governors, as provided by the laws of each party state. Each

party state may provide alternates 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 receive 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 Constitution. Members of the commission

shall not be personally liable for actions taken in their

official capacity. The liabilities 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 nonhost 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

commission.

(6) Approve a budget each year and establish a fiscal year that

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the

disposal and management of low-level radioactive waste in the

event that the compact facility should be closed. Any plan which

requires the host state to store or otherwise manage the

low-level radioactive waste from all the party states must be

approved by at least four host state members of the commission.

The commission, in a contingency plan or otherwise, may not

require a nonhost 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 commission, 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, technologies, and problems.

(10) Keep a current inventory of all generators within the party

states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the

commission are appointed under Section 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

shipments of low-level radioactive waste from all nonhost 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 nonhost 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 nonhost party

states in order to assure that over the life of this agreement

shipments from the nonhost 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 duties 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, 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 contract 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 Chapter 2001,

Government Code.

(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 importation of low-level

radioactive waste into the compact for management or disposal,

provided that the agreement receives a majority vote of the

commission. The commission may adopt such conditions and

restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of

generators, or the host state of the compact to export low-level

radioactive waste to a low-level radioactive waste disposal

facility located outside the party states. The commission may

approve the petition only by a majority vote of its members. The

permission 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 material 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 contesting 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 radioactive

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 nonhost 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 compact facility, except

as provided in Section 3.05(7) of Article 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 institutional control period.

(2) Ensure, consistent with any applicable federal and host

state laws, the protection and preservation of the environment

and the public health and safety in the siting, design,

development, licensing, regulation, operation, closure,

decommissioning, and 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. However, 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 written

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 generated in

the host state and in the nonhost party states. Fees shall also

be sufficient to reasonably support 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 that could cause a possible temporary or permanent closure

of the facility and identify all reasonable options for the

disposal of low-level radioactive waste at alternate compact

facilities 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 conform to packaging, processing,

and waste form specifications 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 the

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 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 designated by the host

county in an amount for each nonhost party state equal to 10

percent of the payment 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 following ratification

of this compact agreement by congress 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 commission's activities

prior to the date of facility operation and subsequent to the

date of congressional ratification of this compact under Section

7.07 of Article VII. Each party state will be responsible for

annual payments equaling its pro-rata share of the commission's

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 arbitrator. 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

arbitrators shall be binding on the party states. Arbitration

proceedings shall be conducted in accordance with the provisions

of 9 U.S.C. Sections 1 through 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 commission 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

(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. Payments

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 nonhost 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 nonhost party state shall pay to the host state an

additional $12.5 million.

Sec. 5.02. As an alternative, the host state and the nonhost

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 development, operation, and

post-closure monitoring of the 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 schedule 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 radioactive waste

generated within the party states unless the disposal is at the

compact facility, except as otherwise provided 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 generator, nor its disposal

pursuant to 10 C.F.R. Section 20.302.

Sec. 6.03. Violations of this article may result in prohibiting

the violator from disposing of low-level radioactive waste in the

compact facility, or in the imposition of penalty surcharges on

shipments to the facility, as determined 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 made eligible for

party status by a majority vote of the commission and

ratification by the legislature of the host state, subject to

fulfillment of the rights of the initial nonhost party states

under Section 3.04(11) of Article III and Section 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 conditions for the entry of any state,

other than the states named in this section, as a member of this

compact; provided, however, 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 enactment 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 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 nonhost party states,

shall have the right to modify the composition 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 compact, the

withdrawal shall not become effective until five years after

enactment of the repealing legislation and the nonhost party

states may continue to use the facility during that time. The

financial obligation of the nonhost party states under Article V

shall cease immediately upon enactment 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

nonhost party state payment under Sections 4.05(5) and (6), of

Article IV or Article V, the nonhost party states are relieved of

any obligations to make the contributions. This section sets out

the exclusive remedies for the nonhost party states if the host

state withdraws 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 enactment of this compact, but

this withdrawal shall not become effective until two years after

the effective date of the repealing 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 payments 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 compact revoked by a

seven-eighths vote of the commission following 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 Chapter 2001,

Government Code, except that a party state may appeal the

commission's revocation decision to the United States District

Court in accordance 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.

Written notice of revocation shall be transmitted immediately

following the vote of the commission, by the chair, to the

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 Vermont 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 approval of the

governor, shall have the right and authority, without the consent

of the nonhost party states, to modify the provisions contained

in Section 3.04(11) of Article III to comply with Section

402.219(c)(1), Texas Health and Safety Code, as long as the

modification does not impair the rights of the initial nonhost

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 nonhost party state shall be liable for any harm or

damage from the siting, operation, maintenance, or long-term care

relating to the compact facility. Except as otherwise expressly

provided in this compact, 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 entering into this compact and securing the

ratification by congress of its terms, no party state acquires a

potential liability under Section 5(d)(2)(C) of the Act (42

U.S.C. Section 2021e(d)(2)(C)) that did not exist prior to

entering into this compact.

Sec. 8.04. If a party state withdraws from the compact pursuant

to Section 7.03 of Article VII or has its membership 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 affected state under Section

8.03 of this article.

Sec. 8.05. The provisions of this compact shall be severable and

if any phrase, clause, sentence, or provision of this compact is

declared by a court of competent jurisdiction 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 constitution 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 otherwise

impairs the jurisdiction, authority, or discretion of either of

the following:

(1) the United States Nuclear Regulatory Commission pursuant to

the Atomic Energy Act of 1954, as amended (42 U.S.C. Section 2011

et seq.); or

(2) an agreement state under Section 274 of the Atomic Energy

Act of 1954, as amended (42 U.S.C. Section 2021).

Sec. 8.07. Nothing in this compact confers any new authority on

the states or commission to do any of the following:

(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 Department 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 Regulatory Commission.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-403-texas-low-level-radioactive-waste-disposal-compact

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS

CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor shall

appoint six members to represent this state on the commission

established by Article III of the Texas Low-Level Radioactive

Waste Disposal Compact. One of the voting members of the compact

commission shall be a legal resident of the host county.

(b) The governor may provide an alternate for each commissioner

appointed under this section.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 2003, 78th Leg., ch. 1067, Sec. 21, eff.

Sept. 1, 2003.

Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. A host

state commissioner serves for a term of six years and until a

successor is appointed and qualified. A vacancy in the office of

commissioner is filled for the unexpired term by appointment of

the governor.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.003. OATH. A host state commissioner shall take the

constitutional oath of office and shall also take an oath to

faithfully perform the duties of commissioner.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.004. COMPENSATION. A host state commissioner is not

entitled to compensation for performing the duties of

commissioner but is entitled to reimbursement for actual and

necessary expenses incurred in the performance of the duties of

commissioner.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.005. POWERS AND DUTIES. The Texas Low-Level

Radioactive Waste Disposal Compact Commission and the members of

the commission have the powers and duties prescribed by the

compact. The members of the commission are responsible for

administering the provisions of the compact.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993.

Sec. 403.006. TEXT OF COMPACT. The Texas Low-Level Radioactive

Waste Disposal Compact reads as follows:

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 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. Sections 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 protection of the health, safety, and welfare of

their citizens and the environment and to provide for and

encourage the economical 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 environment

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 Radioactive Waste Policy Amendments Act

of 1985 (42 U.S.C. Sections 2021b-2021j).

(2) "Commission" means the Texas Low-Level Radioactive Waste

Disposal Compact Commission established 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 management 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 radioactive 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.

(7) "Host county" means a county in the host state in which a

disposal facility is located or is being developed.

(8) "Host state" means a party state in which a compact facility

is located or is being developed. The state of Texas is the host

state under this compact.

(9) "Institutional control period" means that period of time

following closure of the facility and transfer of the facility

license from the operator to the custodial agency in compliance

with the appropriate regulations for long-term observation and

maintenance.

(10) "Low-level radioactive waste" has the same meaning as that

term is defined in Section 2(9) of the Act (42 U.S.C. Section

2021b(9)), or in the host state statute so long as the waste is

not incompatible with management and disposal at the compact

facility.

(11) "Management" means collection, consolidation, storage,

packaging, or treatment.

(12) "Operator" means a person who operates a disposal facility.

(13) "Party state" means any state that has become a party in

accordance with Article VII of this 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 transports 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 appointed by the party state

governors, as provided by the laws of each party state. Each

party state may provide alternates 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 receive 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 Constitution. Members of the commission

shall not be personally liable for actions taken in their

official capacity. The liabilities 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 nonhost 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

commission.

(6) Approve a budget each year and establish a fiscal year that

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the

disposal and management of low-level radioactive waste in the

event that the compact facility should be closed. Any plan which

requires the host state to store or otherwise manage the

low-level radioactive waste from all the party states must be

approved by at least four host state members of the commission.

The commission, in a contingency plan or otherwise, may not

require a nonhost 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 commission, 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, technologies, and problems.

(10) Keep a current inventory of all generators within the party

states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the

commission are appointed under Section 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

shipments of low-level radioactive waste from all nonhost 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 nonhost 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 nonhost party

states in order to assure that over the life of this agreement

shipments from the nonhost 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 duties 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, 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 contract 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 Chapter 2001,

Government Code.

(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 importation of low-level

radioactive waste into the compact for management or disposal,

provided that the agreement receives a majority vote of the

commission. The commission may adopt such conditions and

restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of

generators, or the host state of the compact to export low-level

radioactive waste to a low-level radioactive waste disposal

facility located outside the party states. The commission may

approve the petition only by a majority vote of its members. The

permission 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 material 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 contesting 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 radioactive

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 nonhost 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 compact facility, except

as provided in Section 3.05(7) of Article 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 institutional control period.

(2) Ensure, consistent with any applicable federal and host

state laws, the protection and preservation of the environment

and the public health and safety in the siting, design,

development, licensing, regulation, operation, closure,

decommissioning, and 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. However, 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 written

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 generated in

the host state and in the nonhost party states. Fees shall also

be sufficient to reasonably support 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 that could cause a possible temporary or permanent closure

of the facility and identify all reasonable options for the

disposal of low-level radioactive waste at alternate compact

facilities 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 conform to packaging, processing,

and waste form specifications 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 the

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 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 designated by the host

county in an amount for each nonhost party state equal to 10

percent of the payment 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 following ratification

of this compact agreement by congress 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 commission's activities

prior to the date of facility operation and subsequent to the

date of congressional ratification of this compact under Section

7.07 of Article VII. Each party state will be responsible for

annual payments equaling its pro-rata share of the commission's

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 arbitrator. 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

arbitrators shall be binding on the party states. Arbitration

proceedings shall be conducted in accordance with the provisions

of 9 U.S.C. Sections 1 through 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 commission 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

(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. Payments

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 nonhost 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 nonhost party state shall pay to the host state an

additional $12.5 million.

Sec. 5.02. As an alternative, the host state and the nonhost

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 development, operation, and

post-closure monitoring of the 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 schedule 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 radioactive waste

generated within the party states unless the disposal is at the

compact facility, except as otherwise provided 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 generator, nor its disposal

pursuant to 10 C.F.R. Section 20.302.

Sec. 6.03. Violations of this article may result in prohibiting

the violator from disposing of low-level radioactive waste in the

compact facility, or in the imposition of penalty surcharges on

shipments to the facility, as determined 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 made eligible for

party status by a majority vote of the commission and

ratification by the legislature of the host state, subject to

fulfillment of the rights of the initial nonhost party states

under Section 3.04(11) of Article III and Section 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 conditions for the entry of any state,

other than the states named in this section, as a member of this

compact; provided, however, 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 enactment 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 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 nonhost party states,

shall have the right to modify the composition 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 compact, the

withdrawal shall not become effective until five years after

enactment of the repealing legislation and the nonhost party

states may continue to use the facility during that time. The

financial obligation of the nonhost party states under Article V

shall cease immediately upon enactment 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

nonhost party state payment under Sections 4.05(5) and (6), of

Article IV or Article V, the nonhost party states are relieved of

any obligations to make the contributions. This section sets out

the exclusive remedies for the nonhost party states if the host

state withdraws 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 enactment of this compact, but

this withdrawal shall not become effective until two years after

the effective date of the repealing 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 payments 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 compact revoked by a

seven-eighths vote of the commission following 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 Chapter 2001,

Government Code, except that a party state may appeal the

commission's revocation decision to the United States District

Court in accordance 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.

Written notice of revocation shall be transmitted immediately

following the vote of the commission, by the chair, to the

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 Vermont 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 approval of the

governor, shall have the right and authority, without the consent

of the nonhost party states, to modify the provisions contained

in Section 3.04(11) of Article III to comply with Section

402.219(c)(1), Texas Health and Safety Code, as long as the

modification does not impair the rights of the initial nonhost

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 nonhost party state shall be liable for any harm or

damage from the siting, operation, maintenance, or long-term care

relating to the compact facility. Except as otherwise expressly

provided in this compact, 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 entering into this compact and securing the

ratification by congress of its terms, no party state acquires a

potential liability under Section 5(d)(2)(C) of the Act (42

U.S.C. Section 2021e(d)(2)(C)) that did not exist prior to

entering into this compact.

Sec. 8.04. If a party state withdraws from the compact pursuant

to Section 7.03 of Article VII or has its membership 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 affected state under Section

8.03 of this article.

Sec. 8.05. The provisions of this compact shall be severable and

if any phrase, clause, sentence, or provision of this compact is

declared by a court of competent jurisdiction 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 constitution 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 otherwise

impairs the jurisdiction, authority, or discretion of either of

the following:

(1) the United States Nuclear Regulatory Commission pursuant to

the Atomic Energy Act of 1954, as amended (42 U.S.C. Section 2011

et seq.); or

(2) an agreement state under Section 274 of the Atomic Energy

Act of 1954, as amended (42 U.S.C. Section 2021).

Sec. 8.07. Nothing in this compact confers any new authority on

the states or commission to do any of the following:

(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 Department 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 Regulatory Commission.

Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.