State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19-9 > 23-19-9-8

SECTION 23-19.9-8

   § 23-19.9-8  Conditions of membership.– (a) The states initially eligible to become parties to this compact shallinclude Rhode Island. Initial eligibility shall expire December 31, 1986.

   (b) Each state eligible to become a party state to thiscompact shall be a party state upon enactment of this compact into law by thatstate, and upon payment of the fees required by § 23-19.9-10. An eligiblestate may become a party to this compact by an executive order issued by thegovernor of the state and upon payment of the fees required by §23-19.9-10. However, any state which becomes a party state by executive ordershall cease to be a party state upon the final adjournment of the next generalor regular session of its legislature, unless this compact has by then beenenacted as a statute by that state.

   (c) This compact shall become effective in a party state whenit has been enacted by that state and consent has been given to this compact bythe Congress.

   (d) The first two (2) states to become party states to thiscompact shall immediately appoint Commission members who shall constitute theRhode Island – Massachusetts Interstate Low-Level Radioactive WasteCommission in accordance with § 23-19.9-5. These party states shall causelegislation to be introduced in the Congress whereby the consent of theCongress to this compact will be granted, and shall do those things necessaryto organize the Commission and implement the provisions of this compact.

   (e) Any state not expressly declared eligible to become aparty state to this compact in subsection (a) of this section may petition theCommission to be declared eligible. The Commission may by rule establishconditions that it deems necessary and appropriate to be met by a staterequesting eligibility as a party state to this compact pursuant to theprovisions of this section and shall conduct an adjudicatory proceeding on theapplication. Upon satisfying the conditions established by the Commission andupon the affirmative vote of a two-thirds ( 2/3) majority of the eligible votesof Commission members and the affirmative vote of the members representing thehost states in which any affected regional facility is located, the petitioningstate shall become eligible to become a party state to this compact and maybecome a party state in the same manner as those states declared eligible insubsection (a) of this section.

   (f) No state holding membership in any other regional compactfor the management of low-level waste may become a party state to this compact.

   (g) Any party state which fails to comply with the provisionsof this compact or to fulfill its obligations may, upon the vote of atwo-thirds ( 2/3) majority of the eligible votes of Commission members, in anadjudicatory proceeding, have fines imposed, have its access conditioned, itsprivileges suspended or its status as a party state to this compact revoked.Any revocation of a party state's status shall take effect one year from thedate on which the state receives written notice from the Commission of thataction. The rights of access to regional facilities enjoyed by generators inthe affected party state shall cease upon the effective date of the revocation.No legal obligations of that party state, arising prior to the revocation,shall cease until they have been fulfilled. As soon as practicable after aCommission action suspending or revoking party state status, the Commissionshall provide written notice of the action and a copy of the resolution to thegovernor and the presiding officer of each house of the legislature of eachparty state, and the Congress.

   (h) Any party state may withdraw from this compact byrepealing its authorizing legislation, and the rights of access to regionalfacilities enjoyed by generators in that party state shall thereby terminate.However, no withdrawal shall take effect until five (5) years after thegovernor of the withdrawing state has given notice, in writing, of thatwithdrawal to the Commission and to the governor of each party state. Nowithdrawal shall affect any liability already incurred by, or chargeable to, aparty state prior to that time.

   (1) Upon receipt of the notification, the Commission shall,as soon as practicable, provide copies to the governor and the presidingofficer of each house of the legislature of each party state, and to theCongress.

   (2) A regional facility located in a withdrawing state shallremain available to the region for five (5) years after the date the Commissionreceives written notification of the state's intent to withdraw, or until theprescheduled date of closure, whichever occurs first.

   (i) This compact may be terminated only by the affirmativecompact in each party state. The Congress may by law withdraw its consent everyfive (5) years after the compact takes effect.

   (1) The consent given to this compact by the Congress shallextend to any future admittance of new party states under subsection (b) ofthis Article.

   (2) The withdrawal of a party state from this compact undersubsection (h) or the revocation of party state status under subsection (g) ofthis Article shall not affect the applicability of the compact to the remainingparty states.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19-9 > 23-19-9-8

SECTION 23-19.9-8

   § 23-19.9-8  Conditions of membership.– (a) The states initially eligible to become parties to this compact shallinclude Rhode Island. Initial eligibility shall expire December 31, 1986.

   (b) Each state eligible to become a party state to thiscompact shall be a party state upon enactment of this compact into law by thatstate, and upon payment of the fees required by § 23-19.9-10. An eligiblestate may become a party to this compact by an executive order issued by thegovernor of the state and upon payment of the fees required by §23-19.9-10. However, any state which becomes a party state by executive ordershall cease to be a party state upon the final adjournment of the next generalor regular session of its legislature, unless this compact has by then beenenacted as a statute by that state.

   (c) This compact shall become effective in a party state whenit has been enacted by that state and consent has been given to this compact bythe Congress.

   (d) The first two (2) states to become party states to thiscompact shall immediately appoint Commission members who shall constitute theRhode Island – Massachusetts Interstate Low-Level Radioactive WasteCommission in accordance with § 23-19.9-5. These party states shall causelegislation to be introduced in the Congress whereby the consent of theCongress to this compact will be granted, and shall do those things necessaryto organize the Commission and implement the provisions of this compact.

   (e) Any state not expressly declared eligible to become aparty state to this compact in subsection (a) of this section may petition theCommission to be declared eligible. The Commission may by rule establishconditions that it deems necessary and appropriate to be met by a staterequesting eligibility as a party state to this compact pursuant to theprovisions of this section and shall conduct an adjudicatory proceeding on theapplication. Upon satisfying the conditions established by the Commission andupon the affirmative vote of a two-thirds ( 2/3) majority of the eligible votesof Commission members and the affirmative vote of the members representing thehost states in which any affected regional facility is located, the petitioningstate shall become eligible to become a party state to this compact and maybecome a party state in the same manner as those states declared eligible insubsection (a) of this section.

   (f) No state holding membership in any other regional compactfor the management of low-level waste may become a party state to this compact.

   (g) Any party state which fails to comply with the provisionsof this compact or to fulfill its obligations may, upon the vote of atwo-thirds ( 2/3) majority of the eligible votes of Commission members, in anadjudicatory proceeding, have fines imposed, have its access conditioned, itsprivileges suspended or its status as a party state to this compact revoked.Any revocation of a party state's status shall take effect one year from thedate on which the state receives written notice from the Commission of thataction. The rights of access to regional facilities enjoyed by generators inthe affected party state shall cease upon the effective date of the revocation.No legal obligations of that party state, arising prior to the revocation,shall cease until they have been fulfilled. As soon as practicable after aCommission action suspending or revoking party state status, the Commissionshall provide written notice of the action and a copy of the resolution to thegovernor and the presiding officer of each house of the legislature of eachparty state, and the Congress.

   (h) Any party state may withdraw from this compact byrepealing its authorizing legislation, and the rights of access to regionalfacilities enjoyed by generators in that party state shall thereby terminate.However, no withdrawal shall take effect until five (5) years after thegovernor of the withdrawing state has given notice, in writing, of thatwithdrawal to the Commission and to the governor of each party state. Nowithdrawal shall affect any liability already incurred by, or chargeable to, aparty state prior to that time.

   (1) Upon receipt of the notification, the Commission shall,as soon as practicable, provide copies to the governor and the presidingofficer of each house of the legislature of each party state, and to theCongress.

   (2) A regional facility located in a withdrawing state shallremain available to the region for five (5) years after the date the Commissionreceives written notification of the state's intent to withdraw, or until theprescheduled date of closure, whichever occurs first.

   (i) This compact may be terminated only by the affirmativecompact in each party state. The Congress may by law withdraw its consent everyfive (5) years after the compact takes effect.

   (1) The consent given to this compact by the Congress shallextend to any future admittance of new party states under subsection (b) ofthis Article.

   (2) The withdrawal of a party state from this compact undersubsection (h) or the revocation of party state status under subsection (g) ofthis Article shall not affect the applicability of the compact to the remainingparty states.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19-9 > 23-19-9-8

SECTION 23-19.9-8

   § 23-19.9-8  Conditions of membership.– (a) The states initially eligible to become parties to this compact shallinclude Rhode Island. Initial eligibility shall expire December 31, 1986.

   (b) Each state eligible to become a party state to thiscompact shall be a party state upon enactment of this compact into law by thatstate, and upon payment of the fees required by § 23-19.9-10. An eligiblestate may become a party to this compact by an executive order issued by thegovernor of the state and upon payment of the fees required by §23-19.9-10. However, any state which becomes a party state by executive ordershall cease to be a party state upon the final adjournment of the next generalor regular session of its legislature, unless this compact has by then beenenacted as a statute by that state.

   (c) This compact shall become effective in a party state whenit has been enacted by that state and consent has been given to this compact bythe Congress.

   (d) The first two (2) states to become party states to thiscompact shall immediately appoint Commission members who shall constitute theRhode Island – Massachusetts Interstate Low-Level Radioactive WasteCommission in accordance with § 23-19.9-5. These party states shall causelegislation to be introduced in the Congress whereby the consent of theCongress to this compact will be granted, and shall do those things necessaryto organize the Commission and implement the provisions of this compact.

   (e) Any state not expressly declared eligible to become aparty state to this compact in subsection (a) of this section may petition theCommission to be declared eligible. The Commission may by rule establishconditions that it deems necessary and appropriate to be met by a staterequesting eligibility as a party state to this compact pursuant to theprovisions of this section and shall conduct an adjudicatory proceeding on theapplication. Upon satisfying the conditions established by the Commission andupon the affirmative vote of a two-thirds ( 2/3) majority of the eligible votesof Commission members and the affirmative vote of the members representing thehost states in which any affected regional facility is located, the petitioningstate shall become eligible to become a party state to this compact and maybecome a party state in the same manner as those states declared eligible insubsection (a) of this section.

   (f) No state holding membership in any other regional compactfor the management of low-level waste may become a party state to this compact.

   (g) Any party state which fails to comply with the provisionsof this compact or to fulfill its obligations may, upon the vote of atwo-thirds ( 2/3) majority of the eligible votes of Commission members, in anadjudicatory proceeding, have fines imposed, have its access conditioned, itsprivileges suspended or its status as a party state to this compact revoked.Any revocation of a party state's status shall take effect one year from thedate on which the state receives written notice from the Commission of thataction. The rights of access to regional facilities enjoyed by generators inthe affected party state shall cease upon the effective date of the revocation.No legal obligations of that party state, arising prior to the revocation,shall cease until they have been fulfilled. As soon as practicable after aCommission action suspending or revoking party state status, the Commissionshall provide written notice of the action and a copy of the resolution to thegovernor and the presiding officer of each house of the legislature of eachparty state, and the Congress.

   (h) Any party state may withdraw from this compact byrepealing its authorizing legislation, and the rights of access to regionalfacilities enjoyed by generators in that party state shall thereby terminate.However, no withdrawal shall take effect until five (5) years after thegovernor of the withdrawing state has given notice, in writing, of thatwithdrawal to the Commission and to the governor of each party state. Nowithdrawal shall affect any liability already incurred by, or chargeable to, aparty state prior to that time.

   (1) Upon receipt of the notification, the Commission shall,as soon as practicable, provide copies to the governor and the presidingofficer of each house of the legislature of each party state, and to theCongress.

   (2) A regional facility located in a withdrawing state shallremain available to the region for five (5) years after the date the Commissionreceives written notification of the state's intent to withdraw, or until theprescheduled date of closure, whichever occurs first.

   (i) This compact may be terminated only by the affirmativecompact in each party state. The Congress may by law withdraw its consent everyfive (5) years after the compact takes effect.

   (1) The consent given to this compact by the Congress shallextend to any future admittance of new party states under subsection (b) ofthis Article.

   (2) The withdrawal of a party state from this compact undersubsection (h) or the revocation of party state status under subsection (g) ofthis Article shall not affect the applicability of the compact to the remainingparty states.