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Title
10
:
Conservation and Development
Chapter
162
:
TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
§
7069. Texas Low-Level Radioactive Waste Disposal Compact
The general
assembly ratifies the Texas low-level radioactive waste disposal compact to
provide access to facilities in the state of Texas for the permanent disposal
of all low-level radioactive waste. The text is as follows:
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. Secs. 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.
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. Secs.
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. Sec. 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.
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 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 the Administrative Procedure and Texas Register Act (Article 6252-13a,
Vernon's Texas Civil Statutes).
(5) Sue and be
sued and, when authorized by a majority vote of the members, seek to intervene
in administrative or judicial proceedings related to this compact.
(6) Enter into
an agreement with any person, state, regional body, or group of states for the
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.
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 the 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 equalling 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.
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.
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 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.
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 the Administrative Procedure and Texas Register Act (Article
6252-13a, Vernon's Texas Civil Statutes), 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.
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. Sec.
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. Sec. 2011 et seq.); or
(2) an agreement
state under Section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C.
Sec. 2021).
Sec. 8.07.
Nothing in this compact confers any new authority on the states or commission
to do any of the 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, byproduct, or special
nuclear material.
(3) Inspect the
activities of licensees of the agreement states or of the United States Nuclear
Regulatory Commission. (Added 1993, No. 137 (Adj. Sess.), § 2.)
