Home > 105th Congressional Bills > H.R. 629 (eh) To grant the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal Compact. ...H.R. 629 (eh) To grant the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal Compact. ...
In the Senate of the United States,
April 1, 1998.
Resolved, That the bill from the House of Representatives (H.R.
629) entitled ``An Act to grant the consent of the Congress to the
Texas Low-Level Radioactive Waste Disposal Compact.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas Low-Level Radioactive Waste
Disposal Compact Consent Act''.
SEC. 2. CONGRESSIONAL FINDING.
Congress finds that the compact set forth in section 6 is in
furtherance of the Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b et seq.).
SEC. 3. CONDITIONS ON CONSENT TO COMPACT.
(a) In General.--The consent of Congress to the compact set forth
in section 6--
(1) shall become effective on the date of enactment of this
Act;
(2) is granted subject to the Low-Level Radioactive Waste
Policy Act (42 U.S.C. 2021b et seq.); and
(3) is granted on the conditions that--
(A) the Commission (as defined in the compact)
comply with all of the provisions of that Act; and
(B) no low-level radioactive waste be brought into
Texas for disposal at a compact facility from any State
other than the State of Maine or Vermont.
(b) Consent to Suit.--By proceeding to implement the compact after
the date of enactment of this Act, the party states and Commission
shall be considered to have consented to suit in a civil action under
subsection (d).
(c) Continuing Effectiveness of Condition.--If the consent of
Congress is declared to be of no further effect in a civil action under
subsection (d), the condition stated in subsection (a)(3)(B) shall
continue to apply to any subsequent operation of the compact facility.
(d) Enforcement.--
(1) By the attorney general.--If the Attorney General
obtains evidence that a condition stated in subsection (a)(3)
has not been complied with at any time, the Attorney General
shall bring a civil action in United States district court for
a judgment against the party states (as defined in the compact)
and Commission--
(A) declaring that the consent of Congress to the
compact is of no further effect by reason of the
failure to meet the condition;
(B) enjoining any further failure of compliance;
and
(C) in any second or subsequent civil action under
this subsection in which the court finds that a second
or subsequent failure to comply with the condition
stated in subsection (a)(3)(B) has occurred, ordering
that the compact facility be closed.
(2) By a member of the community in which a compact
facility is located.--If any person that resides or has a
principal place of business in the community in which a compact
facility is located obtains evidence that the condition stated
in subsection (a)(3)(B) has not been complied with at any time,
the person may bring a civil action in United States district
court for a judgment against the party states and Commission--
(A) declaring that the consent of Congress to the
compact is of no further effect by reason of the
failure to meet the condition;
(B) enjoining any further failure of compliance;
and
(C) in any second or subsequent civil action under
this subsection in which the court finds that a second
or subsequent failure to comply with the condition
stated in subsection (a)(3)(B) has occurred, ordering
that the compact facility be closed.
SEC. 4. CONGRESSIONAL REVIEW.
Congress may alter, amend, or repeal this Act with respect to the
compact set forth in section 6 after the expiration of the 10-year
period following the date of enactment of this Act, and at such
intervals thereafter as may be provided in the compact.
SEC. 5. ADDITIONAL CONDITION ON CONSENT TO COMPACT.
(a) In General.--The consent of Congress to the compact set forth
in section 6 is granted on the condition that the compact not be
implemented (including execution by any party state (as defined in the
compact) of any right, responsibility, or obligation of the party state
under Article IV of the compact) in any way that discriminates against
any community (through disparate treatment or disparate impact) by
reason of the composition of the community in terms of race, color,
national origin, or income level.
(b) Consent to Suit.--By proceeding to implement the compact after
the date of enactment of this Act, the party states and Commission
shall be considered to have consented to suit in a civil action under
subsection (d).
(c) Continuing Effectiveness of Condition.--If the consent of
Congress is declared to be of no further effect in a civil action under
subsection (d), the condition stated in subsection (a) shall continue
to apply to any subsequent operation of the compact facility.
(d) Enforcement.--
(1) By the attorney general.--If the Attorney General
obtains evidence that the condition stated in subsection (a)
has not been complied with at any time, the Attorney General
shall bring a civil action in United States district court for
a judgment against the party states (as defined in the compact)
and Commission--
(A) declaring that the consent of Congress to the
compact is of no further effect by reason of the
failure to meet the condition; and
(B) enjoining any further failure of compliance.
(2) By a member of an affected community.--If person that
resides or has a principal place of business a community that
is adversely affected by a failure to comply with the condition
stated in subsection (a) obtains evidence of the failure of
compliance, the person may bring a civil action in United
States district court for a judgment against the party states
and Commission--
(A) declaring that the consent of Congress to the
compact is of no further effect by reason of the
failure to meet the condition; and
(B) enjoining any further failure of compliance.
SEC. 6. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
(a) Consent of Congress.--In accordance with section 4(a)(2) of the
Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the
consent of Congress is given to the States of Texas, Maine, and Vermont
to enter into the compact set forth in subsection (b).
(b) Text of Compact.--The compact reads substantially as follows:
``texas low-level radioactive waste disposal compact
``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. 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. 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.
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 non-host 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 non-host 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
non-host 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 non-host 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 non-host party states in order to assure that over the life
of this agreement shipments from the non-host party states do
not exceed 20 percent of the volume projected by the commission
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