Home > 105th Congressional Bills > H.R. 629 (rh) To grant the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal Compact. ...H.R. 629 (rh) To grant the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal Compact. ...
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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