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H.R. 629 (rh) To grant the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal Compact. ...


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                                                       Calendar No. 197

105th CONGRESS

  1st Session

                               H. R. 629

_______________________________________________________________________

                                 AN ACT

To grant the consent of the Congress to the Texas Low-Level Radioactive 
                        Waste Disposal Compact.

_______________________________________________________________________

                            October 8, 1997

            Received; read twice and placed on the calendar





                                                       Calendar No. 197
105th CONGRESS
  1st Session
                                H. R. 629


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 1997

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
To grant the consent of the Congress to the Texas Low-Level Radioactive 
                        Waste Disposal Compact.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Texas Low-Level Radioactive Waste 
Disposal Compact Consent Act''.

SEC. 2. CONGRESSIONAL FINDING.

    The Congress finds that the compact set forth in section 5 is in 
furtherance of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 
2021b et seq.).

SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

    The consent of the Congress to the compact set forth in section 5--
            (1) shall become effective on the date of the enactment of 
        this Act;
            (2) is granted subject to the provisions of the Low-Level 
        Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.);
            (3) is granted only for so long as the regional commission 
        established in the compact complies with all of the provisions 
        of such Act; and
            (4) is granted only for so long as no low-level radioactive 
        waste is brought into Texas from any State other than Maine or 
        Vermont.

SEC. 4. CONGRESSIONAL REVIEW.

    The Congress may alter, amend, or repeal this Act with respect to 
the compact set forth in section 5 after the expiration of the 10-year 
period following the date of the enactment of this Act, and at such 
intervals thereafter as may be provided in such compact.

SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT.

    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 the Congress 
is given to the States of Texas, Maine, and Vermont to enter into the 
Texas Low-Level Radioactive Waste Disposal Compact. Such compact is 
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 
        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 the 
        Administrative Procedure and Texas Register Act (Article 6252-
        13a, Vernon's Texas Civil Statutes).
            ``(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 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 

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