§ 104D-1. Compact entered into; form of compact.
Chapter104D.
Southern States EnergyCompact.
§ 104D‑1. Compactentered into; form of compact.
The Southern States EnergyCompact is hereby enacted into law and entered into with all otherjurisdictions legally joining therein in the form substantially as follows:
SOUTHERN STATES ENERGY COMPACT
Article I. Policy and Purpose. The party states recognizethat the proper employment and conservation of energy and employment of energy‑relatedfacilities, materials, and products, within the context of a responsible regardfor the environment, can assist substantially in the industrialization of theSouth and the development of a balanced economy for the region. They alsorecognize that optimum benefit from and acquisition of energy resources andfacilities require systematic encouragement, guidance, and assistance from theparty states on a cooperative basis. It is the policy of the party states toundertake such cooperation on a continuing basis; it is the purpose of thiscompact to provide the instruments and framework for such a cooperative effortto improve the economy of the South and contribute to the individual andcommunity well‑being of the region's people.
Article II. The Board. (a) There is hereby created an agencyof the party states to be known as the "Southern States Energy Board"(hereinafter called the Board). The Board shall be composed of three membersfrom each party state, one of whom shall be appointed or designated in eachstate to represent the Governor, the State Senate and the State House ofRepresentatives, respectively. Each member shall be designated or appointed inaccordance with the law of the state which he represents and shall serve and besubject to removal in accordance with such law. Any member of the Board mayprovide for the discharge of his duties and the performance of his functionsthereon, either for the duration of his membership or for any lesser period oftime, by a deputy or assistant, if the laws of his state make specificprovision therefor. The federal government may be represented without vote ifprovision is made by federal law for such representation.
(b) Each party stateshall be entitled to one vote on the Board, to be determined by majority voteof each member or member's representative from the party state present andvoting on any question. No action of the Board shall be binding unless taken ata meeting at which a majority of all party states are represented and unless amajority of the total number of votes on the Board are cast in favor thereof.
(c) The Board shallhave a seal.
(d) The Board shallelect annually, from among its members, a chairman, a vice‑chairman, anda treasurer. The Board shall appoint an Executive Director who shall serve atits pleasure and who shall also act as secretary, and who, together with thetreasurer, shall be bonded in such amounts as the Board may require.
(e) The ExecutiveDirector, with the approval of the Board, shall appoint and remove or dischargesuch personnel as may be necessary for the performance of the Board's functionsirrespective of the civil service, personnel or other merit system laws of anyof the party states.
(f) The Board mayestablish and maintain, independently or in conjunction with any one or more ofthe party states, a suitable retirement system for its full‑timeemployees. Employees of the Board shall be eligible for social securitycoverage in respect of old age and survivors insurance provided that the Boardtakes such steps as may be necessary pursuant to federal law to participate insuch program of insurance as a governmental agency or unit. The Board mayestablish and maintain or participate in such additional programs of employeebenefits as may be appropriate.
(g) The Board mayborrow, accept or contract for the services of personnel from any state or theUnited States or any subdivision or agency thereof, from any interstate agency,or from any institution, person, firm or corporation.
(h) The Board mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials, and services(conditional or otherwise) from any state or the United States or anysubdivision or agency thereof, or interstate agency, or from any institution,person, firm or corporation, and may receive, utilize, and dispose of the same.
(i) The Board mayestablish and maintain such facilities as may be necessary for the transactionof its business. The Board may acquire, hold, and convey real and personalproperty and any interest therein.
(j) The Board shalladopt bylaws, rules and regulations for the conduct of its business, and shallhave the power to amend and rescind these bylaws, rules, and regulations. TheBoard shall publish its bylaws, rules, and regulations in convenient form andshall file a copy thereof, and shall also file a copy of any amendment thereto,with the appropriate agency or officer in each of the party states.
(k) The Board annuallyshall make to the Governor of each party state, a report covering theactivities of the Board for the preceding year, and embodying suchrecommendations as may have been adopted by the Board, which report shall betransmitted to the legislature of said state. The Board may issue suchadditional reports as it may deem desirable.
Article III. Finances. (a) The Board shall submit to theexecutive head or designated officer or officers of each party state a budgetof its estimated expenditures for such period as may be required by the laws ofthat jurisdiction for presentation to the legislature thereof.
(b) Each of the Board'sbudgets of estimated expenditures shall contain specific recommendations of theamount or amounts to be appropriated by each of the party states. One‑halfof the total amount of each budget of estimated expenditures shall beapportioned among the party states in equal shares; one quarter of each suchbudget shall be apportioned among the party states in accordance with the ratioof their populations to the total population of the entire group of partystates based on the last decennial federal census; and one quarter of each suchbudget shall be apportioned among the party states on the basis of the relativeaverage per capita income of the inhabitants in each of the party states basedon the latest computations published by the federal census‑taking agency.Subject to appropriations by their respective legislatures, the Board shall beprovided with such funds by each of the party states as are necessary toprovide the means of establishing and maintaining facilities, a staff ofpersonnel, and such activities as may be necessary to fulfill the powers andduties imposed upon and entrusted to the Board.
(c) The Board may meetany of its obligations in whole or in part with funds available to it underArticle II(h) of this Compact, provided that the Board takes specific actionsetting aside such funds prior to the incurring of any obligation to be met inwhole or in part in this manner. Except where the Board makes use of fundsavailable to it under Article II(h) hereof, the Board shall not incur anyobligation prior to the allotment of funds by the party jurisdictions adequateto meet the same.
(d) The Board shallkeep accurate accounts of all receipts and disbursements. The receipts anddisbursements of the Board shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Board shall be audited yearly by aqualified public accountant and the report of the audit shall be included inand become a part of the annual report of the Board.
(e) The accounts of theBoard shall be open at any reasonable time for inspection.
Article IV. Advisory Committees. The Board may establish suchadvisory and technical committees as it may deem necessary, membership on whichto include but not be limited to private citizens, expert and lay personnel,representatives of industry, labor, commerce, agriculture, civic associations,medicine, education, voluntary health agencies, and officials of local, stateand federal government, and may cooperate with and use the services of any suchcommittees and the organizations which they represent in furthering any of itsactivities under this Compact.
Article V. Powers. The Board shall have the power to:
(1) Ascertain andanalyze on a continuing basis the position of the South with respect to energy,energy‑related industries, and environmental concerns.
(2) Encourage thedevelopment, conservation and responsible use of energy and energy‑relatedfacilities, installations, and products as part of a balanced economy andhealthy environment.
(3) Collect, correlate,and disseminate information relating to civilian uses of energy and energy‑relatedmaterials and products.
(4) Conduct, orcooperate in conducting, programs of training for state and local personnelengaged in any aspect of:
a. Energy, environment,and application of energy, environmental, and related concerns to industry,medicine, or education or the promotion or regulation thereof.
b. The formulation oradministration of measures designed to promote safety in any matter related tothe development, use or disposal of energy and energy‑related materials,products, installations, or wastes.
(5) Organize andconduct, or assist and cooperate in organizing and conducting, demonstrationsof energy product, material, or equipment use and disposal and of propertechniques or processes for the application of energy resources to the civilianeconomy or general welfare.
(6) Undertake suchnonregulatory functions with respect to sources of radiation as may promote theeconomic development and general welfare of the region.
(7) Study industrial,health, safety, and other standards, laws, codes, rules, regulations, andadministrative practices in or related to energy and environmental fields.
(8) Recommend suchchanges in, or amendments or additions to, the laws, codes, rules, regulations,administrative procedures and practices or ordinances of the party states inany of the fields of its interest and competence as in its judgment may beappropriate. Any such recommendation shall be made through the appropriatestate agency with due consideration of the desirability of uniformity but shallalso give appropriate weight to any special circumstances which may justifyvariations to meet local conditions.
(9) Prepare, publish anddistribute, with or without charge, such reports, bulletins, newsletters orother material as it deems appropriate.
(10) Cooperate with theUnited States Department of Energy or any agency successor thereto, any otherofficer or agency of the United States, and any other governmental unit oragency or officer thereof, and with any private persons or agencies in any ofthe fields of its interests.
(11) Act as licensee ofthe United States Government or any party state with respect to the conduct ofany research activity requiring such license and operate such research facilityor undertake any program pursuant thereto.
(12) a. Ascertain from time to time suchmethods, practices, circumstances, and conditions as may bring about theprevention and control of energy and environmental incidents in the areacomprising the party states, to coordinate the environmental and other energy‑relatedincident prevention and control plans and the work relating thereto of theappropriate agencies of the party states and to facilitate the rendering of aidby the party states to each other in coping with energy and environmentalincidents.
b. The Board mayformulate and, in accordance with need from time to time, revise a regionalplan or regional plans for coping with energy and environmental incidentswithin the territory of the party states as a whole or within any subregion orsubregions of the geographic area covered by this Compact.
Article VI. Supplementary Agreements. (a) To the extent thatthe Board has not undertaken an activity or project which would be within itspower under the provisions of Article V of this Compact, any two or more of theparty states (acting by their duly constituted administrative officials) mayenter into supplementary agreements for the undertaking and continuance of suchan activity or project. Any such agreement shall specify its purpose orpurposes; its duration and the procedure for termination thereof or withdrawaltherefrom; the method of financing and allocating the costs of the activity orproject; and such other matters as may be necessary or appropriate. No suchsupplementary agreement entered into pursuant to this Article shall becomeeffective prior to its submission to and approval by the Board. The Board shallgive such approval unless it finds that the supplementary agreement or theactivity or project contemplated thereby is inconsistent with the provisions ofthis Compact or a program or activity conducted by or participated in by theBoard.
(b) Unless all of theparty states participate in a supplementary agreement, any cost or coststhereof shall be borne separately by the states party thereto. However, theBoard may administer or otherwise assist in the operation of any supplementaryagreement.
(c) No party to asupplementary agreement entered into pursuant to this Article shall be relievedthereby of any obligation or duty assumed by said party state under or pursuantto this Compact, except that timely and proper performance of such obligation orduty by means of the supplementary agreement may be offered as performancepursuant to the Compact.
Article VII. Other Laws and Relationships. Nothing in thisCompact shall be construed to:
(1) Permit or requireany person or other entity to avoid or refuse compliance with any law, rule,regulation, order or ordinance of a party state or subdivision thereof now orhereafter made, enacted or in force.
(2) Limit, diminish orotherwise impair jurisdiction exercised by the United States Department ofEnergy, any agency successor thereto, or any other federal department, agencyor officer pursuant to and in conformity with any valid and operative act ofCongress.
(3) Alter the relationsbetween and respective internal responsibilities of the government of a partystate and its subdivisions.
(4) Permit or authorizethe Board to exercise any regulatory authority or to own or operate any nuclearreactor for the generation of electric energy; nor shall the Board own oroperate any facility or installation for industrial or commercial purposes.
Article VIII. Eligible Parties, Entry into Force andWithdrawal. (a) Any or all of the states of Alabama, Arkansas, Delaware,Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, NorthCarolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia,the Commonwealth of Puerto Rico, and the United States Virgin Islands shall beeligible to become party to this Compact.
(b) As to any eligibleparty state, this Compact shall become effective when its legislature shallhave enacted the same into law: Provided that it shall not become initiallyeffective until enacted into law by seven states.
(c) Any party state maywithdraw from this Compact by enacting a statute repealing the same, but nosuch withdrawal shall become effective until the Governor of the withdrawingstate shall have sent formal notice in writing to the Governor of each otherparty state informing said Governors of the action of the legislature inrepealing the Compact and declaring an intention to withdraw.
ArticleIX. Severability and Construction. Theprovisions of this Compact and of any supplementary agreement entered intohereunder shall be (severable) and if any phrase, clause, sentence or provisionof this Compact or such supplementary agreement is declared to be contrary tothe constitution of any participating state or of the United States or theapplicability thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this Compact or suchsupplementary agreement and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. If this Compactor any supplementary agreement entered into hereunder shall be held contrary tothe constitution of any state participating therein, the Compact or suchsupplementary agreement shall remain in full force and effect as to theremaining states and in full force and effect as to the state affected as toall severable matters. The provisions of this Compact and of any supplementaryagreement entered into pursuant thereto shall be liberally construed toeffectuate the purposes thereof. (1965, c. 858, s. 1; 1983, c. 282, s. 1.)