§ 23-12.5-1 Compact enacted. – The New England compact on radiological health protection, hereinafter called"the compact", is hereby enacted into law and entered into with all otherjurisdictions legally joining the compact, in the form substantially as follows:
NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTHPROTECTION
ARTICLE I. PURPOSES.
The purposes of this compact are to:
(1) Promote the radiological health protection of the publicand individuals within the party states.
(2) Provide mutual aid and assistance in radiological healthmatters including, but not limited to, radiation incidents.
(3) Encourage and facilitate the efficient use of personneland equipment by furthering the orderly acquisition and sharing of resourcesuseful for programs of radiation protection.
ARTICLE II. ENACTMENT.
This compact shall become effective when enacted into law byany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter it shall become effective withrespect to any other aforementioned state upon its enacting this compact intolaw. Any state not mentioned in this article which is contiguous to any partystate may become a party to this compact by enacting the same.
ARTICLE III. DUTIES OF STATES.
(a) It shall be the duty of each party state to formulate andput into effect an intrastate radiation incident plan which is compatible withthe interstate radiation incident plan formulated pursuant to this compact.
(b) Whenever the compact administrator of a party staterequests aid from the compact administrator of any other party state pursuantto this compact, it shall be the duty of the requested state to render allpossible aid to the requesting state which is consonant with the maintenance ofprotection of its own people. The compact administrator of a party state maydelegate any or all of his or her authority to request aid or respond torequests for aid pursuant to this compact to one or more subordinates, in orderthat requests for aid and responses thereto shall not be impeded by reason ofthe absence or unavailability of the compact administrator. Any compactadministrator making such a delegation shall inform all the other compactadministrators thereof, and also shall inform them of the identity of thesubordinate or subordinates to whom the delegation has been made.
(c) Each party state shall maintain adequate radiationprotection personnel and equipment to meet normal demands for radiationprotection within its borders.
ARTICLE IV. LIABILITY.
(a) Whenever the officers or employees of any party state arerendering outside aid pursuant to the request of another party state under thiscompact, the officers or employees of such state shall, under the direction ofthe authorities of the state to which they are rendering aid, have the samepowers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.
(b) No party state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on their part while so engaged, or on account of the maintenance oruse of any equipment or supplies in connection therewith.
(c) All liability that may arise either under the laws of therequesting state or under the laws of the aiding state or under the laws of athird state, on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(d) Any party state rendering outside aid to cope with aradiation incident shall be reimbursed by the party state receiving such aidfor any loss or damage to, or expense incurred in the operation of anyequipment answering a request for aid, and for the cost of all materials,transportation and maintenance of officers, employees and equipment incurred inconnection with such request: provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from loaning such equipment or from donating such services to thereceiving party state without charge or cost.
(e) Each party state shall provide for the payment ofcompensation and death benefits to injured officers and employees and therepresentatives of deceased officers and employees in case officers oremployees sustain injuries or are killed while rendering outside aid pursuantto this compact, in the same manner and on the same terms as if the injury ordeath were sustained within the state for or in which the officer or employeewas regularly employed.
ARTICLE V. FACILITIES, EQUIPMENT AND PERSONNEL.
(a) Whenever a department, agency or officer of a party stateresponsible for and having control of facilities or equipment designed for oruseful in radiation control, radiation research, or any other phase of aradiological health program or programs determines that such a facility or itemof equipment is not being used to its full capacity by such party state, orthat temporarily it is not needed for current use by such state, a department,agency or officer may, upon request of an appropriate department, agency orofficer of another party state, make such facility or item of equipmentavailable for use by such requesting department, agency or officer. Unlessotherwise required by law, the availability and use resulting therefrom may bewith or without charge, at the discretion of the lending department, agency orofficer. Any personal property made available pursuant to this paragraph may beremoved to the requesting state, but no such property shall be made available,except for a specified period and pursuant to written agreement. Except whennecessary to meet an emergency, no supplies or materials intended to beconsumed prior to return shall be made available pursuant to this paragraph.
(b) In recognition of the mutual benefits, in addition tothose resulting from article IV, accruing to the party states from theexistence and flexible use of professional or technical personnel havingspecial skills or training related to radiation protection, such personnel maybe made available to a party state by appropriate departments, agencies andofficers of other party states: provided that the borrower reimburses suchparty state regularly employing the personnel in question for any cost ofmaking such personnel available, including a prorated share of the salary orother compensation of the personnel involved.
(c) Nothing in this article shall be construed to limit or tomodify in any way the provisions of article IV of this compact.
ARTICLE VI. COMPACT ADMINISTRATORS.
Each party state shall have a compact administrator who shallbe the head of the state agency having principal responsibility for radiationprotection, and who:
(1) Shall coordinate activities pursuant to this compact inand on behalf of his or her state.
(2) Serving jointly with the compact administrators of theother party states, shall develop and keep current an interstate radiationincident plan; consider such other matters as may be appropriate in connectionwith programs of cooperation in the field of radiation protection and alliedareas of common interest; and formulate procedures for claims and reimbursementunder the provisions of article IV.
ARTICLE VII. OTHER RESPONSIBILITIES AND ACTIVITIES.
Nothing in this compact shall be construed to:
(1) Authorize or permit any party state to curtail ordiminish its radiation protection program, equipment, services or facilities.
(2) Limit or restrict the powers of any state ratifying thesame to provide for the radiological health protection of the public andindividuals, or to prohibit the enactment or enforcement of state laws, rulesor regulations intended to provide for such radiological health protection.
(3) Affect any existing or future cooperative relationship orarrangement between federal, state or local governments and a party state orstates.
ARTICLE VIII. WITHDRAWAL.
Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until oneyear after the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states. No withdrawal shallaffect any liability already incurred by or chargeable to a party state priorto the time of such withdrawal.
ARTICLE IX. CONSTRUCTION AND SEVERABILITY.
It is the legislative intent that the provisions of thiscompact be reasonably and liberally construed. The provisions of this compactshall be severable and if any phrase, clause, sentence, or provision of thiscompact is declared to be unconstitutional or the applicability thereof, to anystate, agency, person or circumstances is held invalid, the constitutionalityof the remainder of this compact and the applicability thereof, to any otherstate, agency, person or circumstance shall not be affected thereby.
§ 23-12.5-1 Compact enacted. – The New England compact on radiological health protection, hereinafter called"the compact", is hereby enacted into law and entered into with all otherjurisdictions legally joining the compact, in the form substantially as follows:
NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTHPROTECTION
ARTICLE I. PURPOSES.
The purposes of this compact are to:
(1) Promote the radiological health protection of the publicand individuals within the party states.
(2) Provide mutual aid and assistance in radiological healthmatters including, but not limited to, radiation incidents.
(3) Encourage and facilitate the efficient use of personneland equipment by furthering the orderly acquisition and sharing of resourcesuseful for programs of radiation protection.
ARTICLE II. ENACTMENT.
This compact shall become effective when enacted into law byany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter it shall become effective withrespect to any other aforementioned state upon its enacting this compact intolaw. Any state not mentioned in this article which is contiguous to any partystate may become a party to this compact by enacting the same.
ARTICLE III. DUTIES OF STATES.
(a) It shall be the duty of each party state to formulate andput into effect an intrastate radiation incident plan which is compatible withthe interstate radiation incident plan formulated pursuant to this compact.
(b) Whenever the compact administrator of a party staterequests aid from the compact administrator of any other party state pursuantto this compact, it shall be the duty of the requested state to render allpossible aid to the requesting state which is consonant with the maintenance ofprotection of its own people. The compact administrator of a party state maydelegate any or all of his or her authority to request aid or respond torequests for aid pursuant to this compact to one or more subordinates, in orderthat requests for aid and responses thereto shall not be impeded by reason ofthe absence or unavailability of the compact administrator. Any compactadministrator making such a delegation shall inform all the other compactadministrators thereof, and also shall inform them of the identity of thesubordinate or subordinates to whom the delegation has been made.
(c) Each party state shall maintain adequate radiationprotection personnel and equipment to meet normal demands for radiationprotection within its borders.
ARTICLE IV. LIABILITY.
(a) Whenever the officers or employees of any party state arerendering outside aid pursuant to the request of another party state under thiscompact, the officers or employees of such state shall, under the direction ofthe authorities of the state to which they are rendering aid, have the samepowers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.
(b) No party state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on their part while so engaged, or on account of the maintenance oruse of any equipment or supplies in connection therewith.
(c) All liability that may arise either under the laws of therequesting state or under the laws of the aiding state or under the laws of athird state, on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(d) Any party state rendering outside aid to cope with aradiation incident shall be reimbursed by the party state receiving such aidfor any loss or damage to, or expense incurred in the operation of anyequipment answering a request for aid, and for the cost of all materials,transportation and maintenance of officers, employees and equipment incurred inconnection with such request: provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from loaning such equipment or from donating such services to thereceiving party state without charge or cost.
(e) Each party state shall provide for the payment ofcompensation and death benefits to injured officers and employees and therepresentatives of deceased officers and employees in case officers oremployees sustain injuries or are killed while rendering outside aid pursuantto this compact, in the same manner and on the same terms as if the injury ordeath were sustained within the state for or in which the officer or employeewas regularly employed.
ARTICLE V. FACILITIES, EQUIPMENT AND PERSONNEL.
(a) Whenever a department, agency or officer of a party stateresponsible for and having control of facilities or equipment designed for oruseful in radiation control, radiation research, or any other phase of aradiological health program or programs determines that such a facility or itemof equipment is not being used to its full capacity by such party state, orthat temporarily it is not needed for current use by such state, a department,agency or officer may, upon request of an appropriate department, agency orofficer of another party state, make such facility or item of equipmentavailable for use by such requesting department, agency or officer. Unlessotherwise required by law, the availability and use resulting therefrom may bewith or without charge, at the discretion of the lending department, agency orofficer. Any personal property made available pursuant to this paragraph may beremoved to the requesting state, but no such property shall be made available,except for a specified period and pursuant to written agreement. Except whennecessary to meet an emergency, no supplies or materials intended to beconsumed prior to return shall be made available pursuant to this paragraph.
(b) In recognition of the mutual benefits, in addition tothose resulting from article IV, accruing to the party states from theexistence and flexible use of professional or technical personnel havingspecial skills or training related to radiation protection, such personnel maybe made available to a party state by appropriate departments, agencies andofficers of other party states: provided that the borrower reimburses suchparty state regularly employing the personnel in question for any cost ofmaking such personnel available, including a prorated share of the salary orother compensation of the personnel involved.
(c) Nothing in this article shall be construed to limit or tomodify in any way the provisions of article IV of this compact.
ARTICLE VI. COMPACT ADMINISTRATORS.
Each party state shall have a compact administrator who shallbe the head of the state agency having principal responsibility for radiationprotection, and who:
(1) Shall coordinate activities pursuant to this compact inand on behalf of his or her state.
(2) Serving jointly with the compact administrators of theother party states, shall develop and keep current an interstate radiationincident plan; consider such other matters as may be appropriate in connectionwith programs of cooperation in the field of radiation protection and alliedareas of common interest; and formulate procedures for claims and reimbursementunder the provisions of article IV.
ARTICLE VII. OTHER RESPONSIBILITIES AND ACTIVITIES.
Nothing in this compact shall be construed to:
(1) Authorize or permit any party state to curtail ordiminish its radiation protection program, equipment, services or facilities.
(2) Limit or restrict the powers of any state ratifying thesame to provide for the radiological health protection of the public andindividuals, or to prohibit the enactment or enforcement of state laws, rulesor regulations intended to provide for such radiological health protection.
(3) Affect any existing or future cooperative relationship orarrangement between federal, state or local governments and a party state orstates.
ARTICLE VIII. WITHDRAWAL.
Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until oneyear after the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states. No withdrawal shallaffect any liability already incurred by or chargeable to a party state priorto the time of such withdrawal.
ARTICLE IX. CONSTRUCTION AND SEVERABILITY.
It is the legislative intent that the provisions of thiscompact be reasonably and liberally construed. The provisions of this compactshall be severable and if any phrase, clause, sentence, or provision of thiscompact is declared to be unconstitutional or the applicability thereof, to anystate, agency, person or circumstances is held invalid, the constitutionalityof the remainder of this compact and the applicability thereof, to any otherstate, agency, person or circumstance shall not be affected thereby.
§ 23-12.5-1 Compact enacted. – The New England compact on radiological health protection, hereinafter called"the compact", is hereby enacted into law and entered into with all otherjurisdictions legally joining the compact, in the form substantially as follows:
NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTHPROTECTION
ARTICLE I. PURPOSES.
The purposes of this compact are to:
(1) Promote the radiological health protection of the publicand individuals within the party states.
(2) Provide mutual aid and assistance in radiological healthmatters including, but not limited to, radiation incidents.
(3) Encourage and facilitate the efficient use of personneland equipment by furthering the orderly acquisition and sharing of resourcesuseful for programs of radiation protection.
ARTICLE II. ENACTMENT.
This compact shall become effective when enacted into law byany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter it shall become effective withrespect to any other aforementioned state upon its enacting this compact intolaw. Any state not mentioned in this article which is contiguous to any partystate may become a party to this compact by enacting the same.
ARTICLE III. DUTIES OF STATES.
(a) It shall be the duty of each party state to formulate andput into effect an intrastate radiation incident plan which is compatible withthe interstate radiation incident plan formulated pursuant to this compact.
(b) Whenever the compact administrator of a party staterequests aid from the compact administrator of any other party state pursuantto this compact, it shall be the duty of the requested state to render allpossible aid to the requesting state which is consonant with the maintenance ofprotection of its own people. The compact administrator of a party state maydelegate any or all of his or her authority to request aid or respond torequests for aid pursuant to this compact to one or more subordinates, in orderthat requests for aid and responses thereto shall not be impeded by reason ofthe absence or unavailability of the compact administrator. Any compactadministrator making such a delegation shall inform all the other compactadministrators thereof, and also shall inform them of the identity of thesubordinate or subordinates to whom the delegation has been made.
(c) Each party state shall maintain adequate radiationprotection personnel and equipment to meet normal demands for radiationprotection within its borders.
ARTICLE IV. LIABILITY.
(a) Whenever the officers or employees of any party state arerendering outside aid pursuant to the request of another party state under thiscompact, the officers or employees of such state shall, under the direction ofthe authorities of the state to which they are rendering aid, have the samepowers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.
(b) No party state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on their part while so engaged, or on account of the maintenance oruse of any equipment or supplies in connection therewith.
(c) All liability that may arise either under the laws of therequesting state or under the laws of the aiding state or under the laws of athird state, on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(d) Any party state rendering outside aid to cope with aradiation incident shall be reimbursed by the party state receiving such aidfor any loss or damage to, or expense incurred in the operation of anyequipment answering a request for aid, and for the cost of all materials,transportation and maintenance of officers, employees and equipment incurred inconnection with such request: provided that nothing herein contained shallprevent any assisting party state from assuming such loss, damage, expense orother cost or from loaning such equipment or from donating such services to thereceiving party state without charge or cost.
(e) Each party state shall provide for the payment ofcompensation and death benefits to injured officers and employees and therepresentatives of deceased officers and employees in case officers oremployees sustain injuries or are killed while rendering outside aid pursuantto this compact, in the same manner and on the same terms as if the injury ordeath were sustained within the state for or in which the officer or employeewas regularly employed.
ARTICLE V. FACILITIES, EQUIPMENT AND PERSONNEL.
(a) Whenever a department, agency or officer of a party stateresponsible for and having control of facilities or equipment designed for oruseful in radiation control, radiation research, or any other phase of aradiological health program or programs determines that such a facility or itemof equipment is not being used to its full capacity by such party state, orthat temporarily it is not needed for current use by such state, a department,agency or officer may, upon request of an appropriate department, agency orofficer of another party state, make such facility or item of equipmentavailable for use by such requesting department, agency or officer. Unlessotherwise required by law, the availability and use resulting therefrom may bewith or without charge, at the discretion of the lending department, agency orofficer. Any personal property made available pursuant to this paragraph may beremoved to the requesting state, but no such property shall be made available,except for a specified period and pursuant to written agreement. Except whennecessary to meet an emergency, no supplies or materials intended to beconsumed prior to return shall be made available pursuant to this paragraph.
(b) In recognition of the mutual benefits, in addition tothose resulting from article IV, accruing to the party states from theexistence and flexible use of professional or technical personnel havingspecial skills or training related to radiation protection, such personnel maybe made available to a party state by appropriate departments, agencies andofficers of other party states: provided that the borrower reimburses suchparty state regularly employing the personnel in question for any cost ofmaking such personnel available, including a prorated share of the salary orother compensation of the personnel involved.
(c) Nothing in this article shall be construed to limit or tomodify in any way the provisions of article IV of this compact.
ARTICLE VI. COMPACT ADMINISTRATORS.
Each party state shall have a compact administrator who shallbe the head of the state agency having principal responsibility for radiationprotection, and who:
(1) Shall coordinate activities pursuant to this compact inand on behalf of his or her state.
(2) Serving jointly with the compact administrators of theother party states, shall develop and keep current an interstate radiationincident plan; consider such other matters as may be appropriate in connectionwith programs of cooperation in the field of radiation protection and alliedareas of common interest; and formulate procedures for claims and reimbursementunder the provisions of article IV.
ARTICLE VII. OTHER RESPONSIBILITIES AND ACTIVITIES.
Nothing in this compact shall be construed to:
(1) Authorize or permit any party state to curtail ordiminish its radiation protection program, equipment, services or facilities.
(2) Limit or restrict the powers of any state ratifying thesame to provide for the radiological health protection of the public andindividuals, or to prohibit the enactment or enforcement of state laws, rulesor regulations intended to provide for such radiological health protection.
(3) Affect any existing or future cooperative relationship orarrangement between federal, state or local governments and a party state orstates.
ARTICLE VIII. WITHDRAWAL.
Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until oneyear after the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states. No withdrawal shallaffect any liability already incurred by or chargeable to a party state priorto the time of such withdrawal.
ARTICLE IX. CONSTRUCTION AND SEVERABILITY.
It is the legislative intent that the provisions of thiscompact be reasonably and liberally construed. The provisions of this compactshall be severable and if any phrase, clause, sentence, or provision of thiscompact is declared to be unconstitutional or the applicability thereof, to anystate, agency, person or circumstances is held invalid, the constitutionalityof the remainder of this compact and the applicability thereof, to any otherstate, agency, person or circumstance shall not be affected thereby.
