CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS
CHAPTER 403. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
Sec. 403.001. MEMBERS OF COMMISSION. (a) The governor shall
appoint six members to represent this state on the commission
established by Article III of the Texas Low-Level Radioactive
Waste Disposal Compact. One of the voting members of the compact
commission shall be a legal resident of the host county.
(b) The governor may provide an alternate for each commissioner
appointed under this section.
Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 2003, 78th Leg., ch. 1067, Sec. 21, eff.
Sept. 1, 2003.
Sec. 403.002. TERMS OF COMMISSION MEMBERS; VACANCY. A host
state commissioner serves for a term of six years and until a
successor is appointed and qualified. A vacancy in the office of
commissioner is filled for the unexpired term by appointment of
the governor.
Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,
1993.
Sec. 403.003. OATH. A host state commissioner shall take the
constitutional oath of office and shall also take an oath to
faithfully perform the duties of commissioner.
Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,
1993.
Sec. 403.004. COMPENSATION. A host state commissioner is not
entitled to compensation for performing the duties of
commissioner but is entitled to reimbursement for actual and
necessary expenses incurred in the performance of the duties of
commissioner.
Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,
1993.
Sec. 403.005. POWERS AND DUTIES. The Texas Low-Level
Radioactive Waste Disposal Compact Commission and the members of
the commission have the powers and duties prescribed by the
compact. The members of the commission are responsible for
administering the provisions of the compact.
Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,
1993.
Sec. 403.006. TEXT OF COMPACT. The Texas Low-Level Radioactive
Waste Disposal Compact reads as follows:
ARTICLE I. POLICY AND PURPOSE
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. Sections 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.
ARTICLE II. DEFINITIONS
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. Sections 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. Section
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.
ARTICLE III. THE COMMISSION
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 of 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 Chapter 2001,
Government Code.
(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.
ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY
STATES
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 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 equaling 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.
ARTICLE V. PARTY STATE CONTRIBUTIONS
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.
ARTICLE VI. PROHIBITED ACTS AND PENALTIES
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 any 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.
ARTICLE VII. ELIGIBILITY; ENTRY INTO EFFECT; CONGRESSIONAL
CONSENT; WITHDRAWAL; EXCLUSION
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 Chapter 2001,
Government Code, 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.
ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
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. Section 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. Section 2011
et seq.); or
(2) an agreement state under Section 274 of the Atomic Energy
Act of 1954, as amended (42 U.S.C. Section 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, by-product, or special nuclear material.
(3) Inspect the activities of licensees of the agreement states
or of the United States Nuclear Regulatory Commission.
Added by Acts 1993, 73rd Leg., ch. 460, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995.