CHAPTER 761. SOUTHERN STATES ENERGY COMPACT
GOVERNMENT CODE
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 761. SOUTHERN STATES ENERGY COMPACT
Sec. 761.001. ENACTMENT; TERMS OF COMPACT. The Southern States
Energy Compact is enacted and entered into as follows:
SOUTHERN STATES ENERGY COMPACT
ARTICLE I--POLICY AND PURPOSE
The party states recognize that the proper employment and
conservation of energy, and employment of energy-related
facilities, materials, and products, within the context of a
responsible regard for the environment, can assist substantially
in the industrialization of the South and the development of a
balanced economy for the region. They also recognize that optimum
benefit from an acquisition of energy resources and facilities
require systematic encouragement, guidance, and assistance from
the party states on a cooperative basis. It is the policy of the
party states to undertake such cooperation on a continuing basis;
it is the purpose of this compact to provide the instruments and
the framework for such a cooperative effort to improve the
economy of the South and contribute to the individual and
community well-being of the people of this region.
ARTICLE II--THE BOARD
(a) There is hereby created an agency of the party states to be
known as the "Southern States Energy Board" (hereinafter referred
to as the Board). The Board shall be composed of three members
from each party state, one of whom shall be appointed or
designated to represent the Governor and one to represent each
house of the state legislature. Each member shall be designated
or appointed in accordance with the law of the state which he
represents and serving and subject to removal in accordance with
such law. Any member of the Board may provide for the discharge
of his duties and the performance of his functions thereon
(either for the duration of his membership or for any less period
of time) by a deputy or assistant, if the laws of his state make
specific provision therefor. The Federal Government may be
represented on the Board without vote, if provision is made by
Federal law for such representation.
(b) Each party state shall be entitled to one vote on the Board,
to be determined by majority vote of each member or member's
representative from the party state present and voting on any
question. No action of the Board shall be binding unless taken at
a meeting at which a majority of all members representing the
party states are present and unless a majority of the total
number of votes by states are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its members, a
chairman, a vice-chairman, and a treasurer. The Board shall
appoint an Executive Director who shall serve at its pleasure and
who shall also act as secretary, and who, together with the
treasurer, shall be bonded in such amounts as the Board may
require.
(e) The Executive Director, with the approval of the Board,
shall appoint and remove or discharge such personnel as may be
necessary for the performance of the Board's functions
irrespective of the civil service, personnel, or other merit
system laws of any of the party states.
(f) The Board may establish and maintain, independently or in
conjunction with any one or more of the party states, a suitable
retirement system for its full-time employees. Employees of the
Board shall be eligible for social security coverage in respect
of old age and survivors insurance provided that the Board takes
such steps as may be necessary pursuant to Federal law to
participate in such program of insurance as a governmental agency
or unit. The Board may establish and maintain or participate in
such additional programs of employee benefits as may be
appropriate.
(g) The Board may borrow, accept, or contract for the services
of personnel from any state or the United States or any
subdivision or agency thereof, from any interstate agency, or
from any institution, person, firm, or corporation.
(h) The Board may accept for any of its purposes and functions
under this compact any and all donations and grants of money,
equipment, supplies, materials, and services (conditional or
otherwise) from any state or the United States or any subdivision
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 may establish and maintain such facilities as may
be necessary for the transacting of its business. The Board may
acquire, hold, and convey real and personal property and any
interest therein.
(j) The Board shall adopt bylaws, rules, and regulations in
convenient form 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 annually shall make to the Governor of each party
state a report covering the activities of the Board for the
preceding year, and embodying such recommendations as may have
been adopted by the Board, which report shall be transmitted to
the legislature of said State. The Board may issue such
additional reports as it may deem desirable.
ARTICLE III--FINANCES
(a) The Board shall submit to the executive head or designated
officer or officers of each state a budget of its estimated
expenditures for such period as may be required by the laws of
that jurisdiction for presentation to the legislature thereof.
(b) Each of the Board's budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. One-half of the total
amount of each budget of estimated expenditures shall be
apportioned among the party states in equal shares; one-quarter
of each such budget shall be apportioned among the party states
in accordance with the ratio of their populations to the total
population of the entire group of party states based on the last
decennial census; and one-quarter of each such budget shall be
apportioned among the party states on the basis of the relative
average per capita income of the inhabitants in each of the party
states based on the latest computations published by the Federal
census-taking agency. Subject to appropriation by their
respective legislatures, the Board shall be provided with such
funds by each of the party states as are necessary to provide the
means of establishing and maintaining facilities, a staff or
personnel, and such activities as may be necessary to fulfill the
powers and duties imposed upon and entrusted to the Board.
(c) The Board may meet any of its obligations in whole or in
part with funds available to it under Article II(h) of this
compact, provided that the Board takes specific action setting
aside such funds prior to the incurring of any obligation to be
met in whole or in part in this manner. Except where the Board
makes use of funds available to it under Article II(h), the Board
shall not incur any obligation prior to the allotment of funds by
the party jurisdictions adequate to meet the same.
(d) The Board shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Board shall
be subject to the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of
funds handled by the Board shall be audited yearly by a qualified
public accountant and the report of the audit shall be included
in and become part of the annual report of the Board.
(e) The accounts of the Board shall be open at any reasonable
time for inspection.
ARTICLE IV--ADVISORY COMMITTEES
The Board may establish such advisory and technical committees as
it may deem necessary, membership on which to 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, state, and Federal Government, and may
cooperate with and use the services of any such committees and
the organizations which they represent in furthering any of its
activities under this compact.
ARTICLE V--POWERS
The Board shall have power to:
(a) Ascertain and analyze on a continuing basis the position of
the South with respect to energy and energy-related industries
and environmental concerns.
(b) Encourage the development, conservation, and responsible use
of energy and energy-related facilities, installations, and
products as part of a balanced economy and a healthy environment.
(c) Collect, correlate, and disseminate information relating to
civilian uses of energy and energy-related materials and
products.
(d) Conduct, or cooperate in conducting, programs of training
for state and local personnel engaged in any aspect of:
(1) Energy, environment, and application of energy,
environmental, and related concerns to industry, medicine,
education, or the promotion or regulation thereof.
(2) The formulation or administration of measures designed to
promote safety in any manner related to the development, use, or
disposal of energy and energy-related materials, products,
installations, or wastes.
(e) Organize and conduct, or assist and cooperate in organizing
and conducting, demonstrations of energy product, material, or
equipment use and disposal and of proper techniques or processes
for the application of energy resources to the civilian economy
or general welfare.
(f) Undertake such non-regulatory functions with respect to
resources of radiation as may promote the economic development
and general welfare of the region.
(g) Study industrial, health, safety, and other standards, laws,
codes, rules, regulations, and administrative practices in or
related to energy and environmental fields.
(h) Recommend such changes in, or amendments or additions to the
laws, codes, rules, regulations, administrative procedures, and
practices or ordinances of the party states in any of the fields
of its interest and competence as in its judgment may be
appropriate. Any such recommendation shall be made through the
appropriate state agency with due consideration of the
desirability of uniformity but shall also give appropriate weight
to any special circumstances which may justify variations to meet
local conditions.
(i) Prepare, publish, and distribute (with or without charge)
such reports, bulletins, newsletters or other material as it
deems appropriate.
(j) Cooperate with the United States Department of Energy or any
agency successor thereto, any other officer or agency of the
United States, and any other governmental unit or agency or
officer thereof, and with any private persons or agencies in any
of the fields of its interest.
(k) Act as licensee of the United States Government or any party
state with respect to the conduct of any research activity
requiring such license and operate such research facility or
undertake any program pursuant thereto.
(l)(1) Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the prevention
and control of energy and environmental incidents in the area
comprising the party states, to coordinate the environmental and
other energy-related incident prevention and control plans and
the work relating thereto of the appropriate agencies of the
party states and to facilitate the rendering of aid by the party
states to each other in coping with energy and environmental
incidents.
(2) The Board may formulate and, in accordance with need from
time to time, revise a regional plan or regional plans for coping
with energy and environmental incidents within the territory of
the party states as a whole or within any subregion or subregions
of the geographic area covered by this compact.
ARTICLE VI--SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken any activity
or project which would be within its power under the provisions
of Article V of this compact, any two or more of the party states
(acting by their duly constituted administrative officials) may
enter into supplementary agreements for the undertaking and
continuance of such an activity or project. Any such agreement
shall specify its purpose or purposes; its duration and the
procedure for termination thereof or withdrawal therefrom; the
method of financing and allocating the costs of the activity or
project; and such other matters as may be necessary or
appropriate. No such supplementary agreement entered into
pursuant to this article shall become effective prior to its
submission to and approval by the Board. The Board shall give
such approval unless it finds that the supplementary agreement or
the activity or project contemplated thereby is inconsistent with
the provisions of this compact or a program of activity conducted
by or participated in by the Board.
(b) Unless all of the party states participate in a
supplementary agreement, any cost or costs thereof shall be borne
separately by the states party thereto. However, the Board may
administer or otherwise assist in the operation of any
supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant
to this article shall be relieved thereby of any obligation or
duty assumed by said party state under or pursuant to this
compact, except that timely and proper performance of such
obligation or duty by means of the supplementary agreement may be
offered as performance pursuant to the compact.
ARTICLE VII--OTHER LAWS AND RELATIONSHIPS
Nothing in this compact shall be construed to:
(a) Permit or require any 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 or
hereafter made, enacted, or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised
by the United States Department of Energy, any agency successor
thereto, or any other Federal department, agency, or officer
pursuant to and in conformity with any valid and operative Act of
Congress.
(c) Alter the relations between and respective internal
responsibilities of the government of a party state and its
subdivisions.
(d) Permit or authorize the Board to exercise any regulatory
authority or to own or operate any nuclear reactor for the
generation of electric energy; nor shall the Board own or operate
any facility or installation for industrial or commercial
purposes.
ARTICLE VIII--ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL
(a) Any or all of the states of Alabama, Arkansas, Delaware,
Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,
Missouri, North Carolina, Oklahoma, South Carolina, Tennessee,
Texas, Virginia, and West Virginia, any state contiguous to any
of the foregoing states, the Commonwealth of Puerto Rico, and the
Virgin Islands of the United States shall be eligible to become
party to this compact.
(b) As to any eligible party state, this compact shall become
effective when its legislature shall have enacted the same into
law; Provided, that it shall not become initially effective until
enacted into law by seven states.
(c) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall become
effective until the governor of the withdrawing state shall have
sent formal notice in writing to the governor of each other party
state informing said governors of the action of the legislature
in repealing the compact and declaring an intention to withdraw.
ARTICLE IX--SEVERABILITY AND CONSTRUCTION
The provisions of this compact and of any supplementary agreement
entered into hereunder shall be severable and if any phrase,
clause, sentence, or provision of this compact or such
supplementary agreement is declared 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 circumstance is held invalid, the validity of the remainder of
this compact or such supplementary agreement and the
applicability thereof to any government, agency, person, or
circumstance shall not be affected thereby. If this compact or
any supplementary agreement entered into hereunder shall be held
contrary to the constitution of any state participating therein,
the compact or such supplementary agreement shall remain in full
force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters. The
provisions of this compact and of any supplementary agreement
entered into pursuant hereto shall be liberally construed to
effectuate the purposes thereof.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Sec. 761.002. MEMBERS OF BOARD. (a) The governor, lieutenant
governor, and speaker shall each make one appointment to the
Southern States Energy Board.
(b) The lieutenant governor shall appoint a member of the
senate.
(c) The speaker shall appoint a member of the house of
representatives.
(d) A member serves at the pleasure of the officer who appointed
the member.
(e) A member who is a member of the legislature or the head of a
state department or agency may designate a subordinate officer or
employee of the department, agency, or legislative house to serve
instead of the member as permitted by Article II(a) of the
compact and in conformity with the bylaws of the board.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Sec. 761.003. COORDINATION OF ENERGY ACTIVITIES. (a) Each
board member shall assist in the coordination of energy
activities in this state.
(b) A board member may assist in the orderly development of
energy knowledge in this state.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Sec. 761.004. MEMBERSHIP DUES. Membership dues to the board
shall be paid from appropriations made to the office of the
governor.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Sec. 761.005. BUDGETS. The board shall submit its budgets of
estimated expenditures to the governor and the Legislative Budget
Board for presentation to the legislature.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Sec. 761.007. COOPERATION WITH BOARD. The departments,
agencies, and officers of this state and its subdivisions may
cooperate with the board in any of its activities.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.