19-11-201 - Text of compact.
19-11-201. Text of compact.
The Western Interstate Nuclear Compact is hereby enacted into law in the state of Utahand entered into with all other states legally joining therein, in the form substantially as follows:
The party states recognize that the proper employment of scientific and technologicaldiscoveries and advances in nuclear and related fields and direct and collateral application andadaptation of processes and techniques developed in connection therewith, properly correlatedwith the other resources of the region, can assist substantially in the industrial progress of theWest and the further development of the economy of the region. They also recognize thatoptimum benefit from nuclear and related scientific or technological resources, facilities andskills requires systematic encouragement, guidance, assistance, and promotion from the partystates on a co-operative basis. It is the policy of the party states to undertake such co-operationon a continuing basis. It is the purpose of this compact to provide the instruments andframework for such a co-operative effort in nuclear and related fields, to enhance the economy ofthe West and contribute to the individual and community well-being and the region's people.
(a) There is hereby created an agency of the party states to be known as the WesternInterstate Nuclear Board. The board shall be composed of one member from each party statedesignated or appointed in accordance with the law of the state which the member represents andserving and subject to removal in accordance with such law. Any member of the board mayprovide for the discharge of the member's duties and the performance of the member's functionsthereon (either for the duration of the member's membership or for any lesser period of time) by adeputy or assistant, if the laws of the member's state make specific provisions therefor. Thefederal government may be represented without vote if provision is made by federal law for suchrepresentation.
(b) The board members of the party states shall each be entitled to one vote on the board. No action of the board shall be binding unless taken at a meeting at which a majority of allmembers representing the party states are present and unless a majority of the total number ofvotes on the board are cast in favor thereof.
(c) The board shall have a seal.
(d) The board shall elect annually, from among its members, a chairman, avice-chairman, and treasurer. The board shall appoint and fix the compensation of an executivedirector who shall serve at its pleasure and who shall also act as secretary, and who, together withthe treasurer, and such other personnel as the board may direct, shall be bonded in such amountsas the board may require.
(e) The executive director, with the approval of the board, shall appoint and remove ordischarge such personnel as may be necessary for the performance of the board's functionsirrespective 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 oneor more of the party states, or its institutions or subdivisions, a suitable retirement system for itsfull-time employees. Employees of the board shall be eligible for social security coverage inrespect of old age and survivors insurance provided that the board takes such steps as may benecessary pursuant to federal law to participate in such program of insurance as a governmentalagency or unit. The board may establish and maintain or participate in such additional programsof employee benefits as may be appropriate.
(g) The board may borrow, accept, or contract for the services of personnel from anystate or the United States or any subdivision or agency thereof, from any interstate agency, orfrom any institution, person, firm or corporation.
(h) The board may accept for any of its purposes and functions under this compact anyand all donations, and grants of money, equipment, supplies, materials and services (conditionalor otherwise) from any state or the United States or any subdivision or agency thereof, orinterstate agency, or from any institution, person, firm, or corporation, and may receive, utilize,and dispose of the same. The nature, amount and conditions, if any, attendant upon any donationor grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) ofthis Article, together with the identity of the donor, grantor or lender, shall be detailed in theannual report of the board.
(i) The board may establish and maintain such facilities as may be necessary for thetransacting of its business. The board may acquire, hold, and convey real and personal propertyand any interest therein.
(j) The board shall adopt bylaws, rules, and regulations for the conduct of its business,and shall have the power to amend and rescind these bylaws, rules, and regulations. The boardshall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof,and shall also file a copy of any amendment thereto, with the appropriate agency or officer ineach of the party states.
(k) The board annually shall make to the governor of each party state, a report coveringthe activities of the board for the preceding year, and embodying such recommendations as mayhave 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.
(a) The board shall submit to the governor or designated officer or officers of each partystate a budget of its estimated expenditures for such period as may be required by the laws of thatjurisdiction for presentation to the legislature thereof.
(b) Each of the board's budgets of estimated expenditures shall contain specificrecommendations of the amount or amounts to be appropriated by each of the party states. Eachof the board's requests for appropriations pursuant to a budget of estimated expenditures shall beapportioned equally among the party states. Subject to appropriation by their respectivelegislatures, the board shall be provided with such funds by each of the party states as arenecessary to provide the means of establishing and maintaining facilities, a staff of personnel,and such activities as may be necessary to fulfill the powers and duties imposed upon andentrusted to the board.
(c) The board may meet any of its obligations in whole or in part with funds available toit under Article II(h) of this compact, provided that the board takes specific action setting asidesuch 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) hereof, the boardshall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate tomeet the same.
(d) Any expenses and any other costs for each member of the board in attending boardmeetings shall be met by the board.
(e) The board shall keep accurate accounts of all receipts and disbursements. Thereceipts 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 theboard shall be audited yearly by a certified or licensed public accountant and the report of theaudit shall be included in and become a part of the annual report of the board.
(f) The accounts of the board shall be open at any reasonable time for inspection topersons authorized by the board, and duly designated representatives of governmentscontributing to the board's support.
The board may establish such advisory and technical committees as it may deemnecessary, membership on which may include but not be limited to private citizens, expert andlay personnel, representatives of industry, labor, commerce, agriculture, civic associations,medicine, education, voluntary health agencies, and officials of local, state and federalgovernment, and may co-operate with and use the services of any such committees and theorganizations which they represent in furthering any of its activities under this compact.
The board shall have power to:
(a) Encourage and promote co-operation among the party states in the development andutilization of nuclear and related technologies and their application to industry and other fields.
(b) Ascertain and analyze on a continuing basis the position of the West with respect tothe employment in industry of nuclear and related scientific findings and technologies.
(c) Encourage the development and use of scientific advances and discoveries in nuclearfacilities, energy, materials, products, by-products, and all other appropriate adaptations ofscientific and technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating to the peaceful uses ofnuclear energy, materials, and products, and other products and processes resulting from theapplication of related science and technology.
(e) Encourage the development and use of nuclear energy, facilities, installations, andproducts as part of a balanced economy.
(f) Conduct, or co-operate in conducting, programs of training for state and localpersonnel engaged in any aspects of:
1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.
2. Applying nuclear scientific advances or discoveries, and any industrial, commercial orother processes resulting therefrom.
3. The formulation or administration of measures designed to promote safety in anymatter related to the development, use or disposal of nuclear energy, materials, products,by-products, installations, or wastes, or to safety in the production, use and disposal of any othersubstances peculiarly related thereto.
(g) Organize and conduct, or assist and co-operate in organizing and conducting,demonstrations or research in any of the scientific, technological or industrial fields to which thiscompact relates.
(h) Undertake such nonregulatory functions with respect to non-nuclear sources ofradiation as may promote the economic development and general welfare of the West.
(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations,and administrative practices in or related to nuclear fields.
(j) Recommend such changes in, or amendments or additions to the laws, codes, rules,regulations, administrative procedures and practices or local laws or ordinances of the party
states or their subdivisions in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with dueconsideration of the desirability of uniformity but shall also give appropriate weight to anyspecial circumstances which may justify variations to meet local conditions.
(k) Consider and make recommendations designed to facilitate the transportation ofnuclear equipment, materials, products, by-products, wastes, and any other nuclear or relatedsubstances, in such manner and under such conditions as will make their availability or disposalpracticable on an economic and efficient basis.
(l) Consider and make recommendations with respect to the assumption of and protectionagainst liability actually or potentially incurred in any phase of operations in nuclear and relatedfields.
(m) Advise and consult with the federal government concerning the common position ofthe party states or assist party states with regard to individual problems where appropriate inrespect to nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and SpaceAdministration, the Office of Science and Technology, or any agencies successor thereto, andother officer or agency of the United States, and any other governmental unit or agency or officerthereof, and with any private persons or agencies in any of the fields of its interest.
(o) Act as licensee, contractor or subcontractor of the United States Government or anyparty state with respect to the conduct of any research activity requiring such license or contractand operate such research facility or undertake any program pursuant thereto, provided that thispower shall be exercised only in connection with the implementation of one or more otherpowers conferred upon the board by this compact.
(p) Prepare, publish and distribute (with or without charge) such reports, bulletins,newsletters or other materials as it deems appropriate.
(q) Ascertain from time to time such methods, practices, circumstances, and conditionsas may bring about the prevention and control of nuclear incidents in the area comprising theparty states, to co-ordinate the nuclear incident prevention and control plans and the workrelating thereto of the appropriate agencies of the party states and to facilitate the rendering of aidby the party states to each other in coping with nuclear incidents.
The board may formulate and, in accordance with need from time to time, revise aregional plan or regional plans for coping with nuclear incidents within the territory of the partystates as a whole or within any subregion or subregions of the geographic area covered by thiscompact.
Any nuclear incident plan in force pursuant to this paragraph shall designate the officialor agency in each party state covered by the plan who shall co-ordinate requests for aid pursuantto Article VI of this compact and the furnishing of aid in response thereto.
Unless the party states concerned expressly otherwise agree, the board shall notadminister the summoning and dispatching of aid, but this function shall be undertaken directlyby the designated agencies and officers of the party states.
However, the plan or plans of the board in force pursuant to this paragraph shall providefor reports to the board concerning the occurrence of nuclear incidents and the requests for aid onaccount thereof, together with summaries of the actual working and effectiveness of mutual aidin particular instances.
From time to time, the board shall analyze the information gathered from reports of aid
pursuant to Article VI and such other instances of mutual aid as may have come to its attention,so that experience in the rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan or regional plans for carrying outthe duties, powers, or functions conferred upon the board by this compact.
(s) Undertake responsibilities imposed or necessarily involved with regional participationpursuant to such co-operative programs of the federal government as are useful in connectionwith the fields covered by this compact.
(a) Whenever a party state, or any state or local governmental authorities therein, requestaid from any other party state pursuant to this compact in coping with a nuclear incident, it shallbe the duty of the requested state to render all possible aid to the requesting state which isconsonant with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party state are rendering outside aidpursuant to the request of another party state under this compact, the officers or employees ofsuch state shall, under the direction of the authorities of the state to which they are rendering aid,have the same powers, duties, rights, privileges and immunities as comparable officers andemployees of the state to which they are rendering aid.
(c) No party state or its officers or employees rendering outside aid pursuant to thiscompact shall be liable on account of any act or omission on their part while so engaged, or onaccount of the maintenance or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of the requesting state or under thelaws of the aiding state or under the laws of a third state on account of or in connection with arequest for aid, shall be assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed bythe party state receiving such aid for any loss or damage to, or expense incurred in the operationof any equipment answering a request for aid, and for the cost of all materials, transportation,wages, salaries and maintenance of officers, employees and equipment incurred in connectionwith such requests: provided that nothing herein contained shall prevent any assisting party statefrom assuming such loss, damage, expense or other cost or from loaning such equipment or fromdonating such services to the receiving party state without charge or cost.
(f) Each party state shall provide for the payment of compensation and death benefits toinjured officers and employees and the representatives of deceased officers and employees incase officers or employees sustain injuries or death while rendering outside aid pursuant to thiscompact, in the same manner and on the same terms as if the injury or death were sustainedwithin the state by or in which the officer or employee was regularly employed.
(a) To the extent that the board has not undertaken an activity or project which would bewithin its power under the provisions of Article V of this compact, any two or more of the partystates (acting by their duly constituted administrative officials) may enter into supplementaryagreements for the undertaking and continuance of such an activity or project. Any suchagreement shall specify the purpose or purposes; its duration and the procedure for terminationthereof or withdrawal therefrom; the method of financing and allocating the costs of the activityor project; and such other matters as may be necessary or appropriate.
No such supplementary agreement entered into pursuant to this article shall becomeeffective prior to its submission to and approval by the board. The board shall give such
approval unless it finds that the supplementary agreement or activity or project contemplatedthereby is inconsistent with the provisions of this compact or a program or activity conducted byor participated in by the board.
(b) Unless all of the party states participate in a supplementary agreement, any cost orcosts thereof shall be borne separately by the states party thereto. However, the board mayadminister or otherwise assist in the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to this article shall berelieved thereby of any obligation or duty assumed by said party state under or pursuant to thiscompact, except that timely and proper performance of such obligation or duty by means of thesupplementary agreement may be offered as performance pursuant to the compact.
(d) The provisions to this Article shall apply to supplementary agreements and activitiesthereunder, but shall not be construed to repeal or impair any authority which officers or agenciesof party states may have pursuant to other laws to undertake cooperative arrangements orprojects.
Nothing in this compact shall be construed to:
(a) Permit or require any person or other entity to avoid or refuse compliance with anylaw, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereaftermade, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic EnergyCommission, any agency successor thereto, or any other federal department, agency or officerpursuant to and in conformity with any valid and operative act of Congress; nor limit, diminish,affect, or otherwise impair, jurisdiction exercised by any officer or agency of a party state, exceptto the extent that the provisions of this compact may provide therefor.
(c) Alter the relations between and respective internal responsibilities of the governmentof a party state and its subdivisions.
(d) Permit or authorize the board to own or operate any facility, reactor, or installationfor industrial or commercial purposes.
(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho,Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible tobecome party to this compact.
(b) As to any eligible party state, this compact shall become effective when its legislatureshall have enacted the same into law: provided, that it shall not become initially effective untilenacted into law by five states.
(c) Any party state may withdraw from this compact by enacting a statute repealing thesame, but no such withdrawal shall take effect until two years after the governor of thewithdrawing state has given notice in writing of the withdrawal to the governors of all other partystates. No withdrawal shall affect any liability already incurred by or chargeable to a party stateprior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may participate in the compact to suchextent as may be mutually agreed by the board and the duly constituted authorities of Guam orAmerican Samoa, as the case may be. However, such participation shall not include thefurnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or
otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the board, unlessit has become a full party to the compact.
The provisions of this compact and of any supplementary agreement entered intohereunder shall be severable and if any phrase, clause, sentence or provision of this compact orsuch supplementary agreement is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability thereof to any government, agency, person, orcircumstance is held invalid, the validity of the remainder of this compact or such supplementaryagreement and the applicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact or any supplementary agreement entered into hereundershall be held contrary to the constitution of any state participating therein, the compact or suchsupplementary agreement shall remain in full force and effect as to the remaining states and infull force and effect as to the state affected as to all severable matters. The provisions of thiscompact and of any supplementary agreement entered into pursuant thereto shall be liberallyconstrued to effectuate the purposes thereof.
Renumbered and Amended by Chapter 382, 2008 General Session