§ 15-10-401 - Enactment of compact into law.
               	 		
15-10-401.    Enactment of compact into law.
    The  Southern States Energy Compact is hereby enacted into law and entered  into by this State with any and all states legally joining therein in  accordance with its terms, in the form substantially as follows:
  
SOUTHERN STATES ENERGY COMPACT
ARTICLE I  Policy and Purpose
The  party states recognize that the proper employment and conservation of  energy and employment of energy-related facilities materials, and  products within the context of a responsible regard for the environment  can assist substantially in the industrialization of the South and the  development of a balanced economy for the region. They also recognize  that optimum benefit from and acquisition of energy resources and  facilities requires systematic encouragement, guidance, and assistance  from the party states on a cooperative basis. It is the policy of the  party states to undertake such cooperation on a continuing basis; it is  the purpose of this compact to provide the instruments and framework for  such a cooperative effort to improve the economy of the South and  contribute to the individual and community well-being of the region's  people.
ARTICLE II  The Board
(a)  There  is hereby created an agency of the party states to be known as the  "Southern States Energy Board," hereinafter called the Board. The Board  shall be composed of three (3) members from each party state, one (1) of  whom shall be appointed or designated in each state to represent the  Governor, the State Senate, and the State House of Representatives,  respectively. Each member shall be designated or appointed in accordance  with the law of the state which he represents and serving and subject  to removal in accordance with such law. Any member of the Board may  provide for the discharge of his duties and the performance of his  functions thereon (either for the duration of his membership or for any  lesser period of time) by a deputy or assistant, if the laws of this  state make specific provision therefor. The federal government may be  represented without vote if provision is made by federal law for such  representation.
(b)  Each party state  shall be entitled to one (1) vote on the Board, to be determined by  majority vote of each member or member's representative from the party  state present and voting on any question. No action of the Board shall  be binding unless taken at a meeting at which a majority of all party  states are represented and unless a majority of the total number of  votes 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, a vice  chairman, and a treasurer. The Board shall appoint an Executive Director  who shall serve at its pleasure and who shall also act as Secretary,  and who, together with the Treasurer, shall be bonded in such amounts as  the Board may require.
(e)  The  Executive Director, with the approval of the Board, shall appoint and  remove or discharge such personnel as may be necessary for the  performance of the Board's functions irrespective 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 one (1) or more of the party states, a suitable retirement system  for its full-time employees. Employees of the Board shall be eligible  for social security coverage in respect of old age and survivors  insurance provided that the Board takes such steps as may be necessary  pursuant to federal law to participate in such program of insurance as a  governmental agency or unit. The Board may establish and maintain or  participate in such additional program of employee benefits as may be  appropriate.
(g)  The Board may  borrow, accept, or contract for the services of personnel from any state  or the United States or any subdivision or agency thereof, from any  interstate agency, or from any institution, person, firm or corporation.
(h)  The  Board may accept for any of its purposes and functions under this  compact any and all donations, and grants of money, equipment, supplies,  materials, and services (conditional or otherwise) from any state or  the United States or any subdivision or agency thereof, or interstate  agency, or from any institution, person, firm, or corporation, and may  receive, utilize and dispose of the same.
(i)  The  Board may establish and maintain such facilities as may be necessary  for the transacting of its business. The Board may acquire, hold, and  convey real and personal property and 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 Board shall 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 in each of the party states.
(k)  The  Board annually shall make to the governor of each party state, a report  covering the activities of the Board for the preceding year, and  embodying such Recommendations as may have 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.
ARTICLE III  Finances
(a)  The  Board shall submit to the executive head or designated officer or  officers of each party state a budget of its estimated expenditures for  such period as may be required by the laws of that jurisdiction for  presentation to the legislature thereof.
(b)  Each  of the Board's budgets of estimated expenditures shall contain specific  recommendations of the amount or amounts to be appropriated by each of  the party states. One-half (1/2) of the total amount of each budget of  estimated expenditures shall be apportioned among the party states in  equal shares; one-quarter (1/4) of each such budget shall be apportioned  among the party states in accordance with the ratio of their  populations to the total population of the entire group of party states  based on the last decennial federal census; and one-quarter (1/4) of  each budget shall be apportioned among the party states on the basis of  the relative average per capita income of the inhabitants in each of the  party states based on the latest computations published by the federal  census-taking agency. Subject to appropriation by their respective  legislatures, the Board shall be provided with such funds by each of the  party states as are necessary 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 and  entrusted to the Board.
(c)  The  Board may meet any of its obligations in whole or in part with funds  available to it under Article II(h) of this compact, provided that the  Board takes specific action setting aside such funds prior to the  incurring of any obligations 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 Board shall not incur any obligations prior to  the allotment of funds by the party jurisdictions adequate to meet the  same.
(d)  The Board shall keep  accurate accounts of all receipts and disbursements. The receipts 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 the Board shall be audited yearly by a  qualified public accountant and the report of the audit shall be  included in and become part of the annual report of the Board.
(e)  The accounts of the Board shall be open at any reasonable time for inspection.
ARTICLE IV  Advisory Committees
The  Board may establish such advisory and technical committees as it may  deem necessary, membership on which to include but not be limited to  private citizens, expert and lay personnel, representatives of industry,  labor, commerce, agriculture, civil associations, medicine, education,  voluntary health agencies, and officials of local, state and federal  government, and may cooperate with and use the services of any such  committees and the organizations which they represent in furthering any  of its activities under this compact. It is not the intent of this Act  to withdraw or affect Arkansas' continued membership, participation, and  support of the Southern Interstate Nuclear Compact until at least nine  (9) of the party states to the Southern Interstate Nuclear Compact  approve substantially the same changes in the Compact as are provided in  this Act, and the Congress of the United States consents to the Compact  substantially as amended by this Act.
ARTICLE V  Powers
The Board shall have power to:
      (a)  Ascertain  and analyze on a continuing basis the position of the South with  respect to energy, energy-related industries, and environmental  concerns.
      (b)  Encourage the  development, conservation, and responsible use of energy and  energy-related facilities, installations, and products as part of a  balanced economy and healthy environment.
      (c)  Collect, correlate, and disseminate information relating to civilian uses of energy and energy-related materials and products.
      (d)  Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of:
            (1)  energy,  environment and applications of energy, environmental, and related  concerns to industry, medicine, or education or the promotion or  regulation thereof;
            (2)  the  formulation or administration of measures designed to promote safety in  any matter related to the development, use or disposal of energy and  energy-related materials, products, installations, or wastes.
      (e)  Organize  and conduct, or assist and cooperate in organizing and conducting,  demonstrations of energy product, material, or equipment use and  disposal and of proper techniques or processes for the application of  energy resources to the civilian economy or general welfare.
      (f)  Undertake  such nonregulatory functions with respect to sources of radiation as  may promote the economic development and general welfare of the region.
      (g)  Study  industrial, health, safety, and other standards, laws, codes, rules,  regulations, and administrative practices in or related to energy and  environmental fields.
      (h)  Recommend  such changes in, or amendments or additions to, the laws, codes, rules,  regulations, and administrative procedures and practices or ordinances  of the party states in any of the fields of its interest and competence  as in its judgment may be appropriate. Any such recommendation shall be  made through the appropriate state agency with due consideration of the  desirability of uniformity but shall also give appropriate weight to any  special circumstances which may justify variations to meet local  conditions.
      (i)  Prepare, publish  and distribute, (with or without charge) such reports, bulletins,  newsletters or other material as it deems appropriate.
      (j)  Cooperate  with the United States Department of Energy or any agency successor  thereto, any other officer or agency of the United States, and any other  governmental unit or agency or officer thereof, and with any private  persons or agencies in any of the fields of its interests.
      (k)  Act  as licensee of the United States Government or any party state with  respect to the conduct of any research activity requiring such license  and operate such research facility or undertake any program pursuant  thereto.
      (l)  Ascertain from time  to time such methods, practices, circumstances, and conditions as may  bring about the prevention and control of energy and environmental  incidents in the area comprising the party states, to coordinate the  nuclear, environmental, and other energy-related incident prevention and  control plans and the work relating thereto of the appropriate agencies  of the party states, and to facilitate the rendering of aid by the  party states to each other in coping with energy and environmental  incidents. The Board may formulate and, in accordance with need from  time to time, revise a regional plan or regional plans for coping with  energy and environmental incidents within the territory of the party  states as a whole or within any subregion or subregions of the  geographic area covered by this compact.
ARTICLE VI  Supplementary Agreements
(a)  To  the extent that the Board has not undertaken an activity or project  which would be within its power under the provisions of Article V of  this compact, any two (2) or more of the party states (acting by their  duly constituted administrative officials) may enter into supplementary  agreements for the undertaking and continuance of such an activity or  project. Any such agreement shall specify its purpose or purposes; its  duration and the procedure for termination thereof or withdrawal  therefrom; the method of financing and allocating the costs of the  activity or project; and such other matters as may be necessary or  appropriate. No such supplementary agreement entered into pursuant to  this article shall become effective prior to its submission to and  approval by the Board. The Board shall give such approval unless it  finds that the supplementary agreement or the activity or project  contemplated thereby is inconsistent with the provisions of this compact  or a program or activity conducted by or participated in by the Board.
(b)  Unless  all of the party states participate in a supplementary agreement, any  cost or costs thereof shall be borne separately by the states party  thereto. However, the Board may administer or otherwise assist in the  operation of any supplementary agreement.
(c)  No  party to a supplementary agreement entered into pursuant to this  article shall be relieved thereby of any obligation or duty assumed by  said party state under or pursuant to this compact, except that timely  and proper performance of such obligation or duty by means of the  supplementary agreement may be offered as performance pursuant to the  compact.
ARTICLE VII  Other Laws and Relationships
Nothing in this compact shall be construed to:
      (a)  Permit  or require any person or other entity to avoid or refuse compliance  with any law, rules, regulation, order or ordinance of a party state or  subdivision thereof now or hereafter made, enacted or in force.
      (b)  Limit,  diminish, or otherwise impair jurisdiction exercised by the Atomic  Energy Commission, the United States Department of Energy, any agency  successor thereto, or any other federal department, agency or officer  pursuant to and in conformity with any valid and operative act of  Congress.
      (c)  Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.
      (d)  Permit  or authorize the Board to exercise any regulatory authority or to own  or operate any nuclear reactor for the generation of electric energy;  nor shall the Board own or operate any facility or installation for  industrial or commercial purposes.
ARTICLE VIII  Eligible Parties, Entry into Force and Withdrawal
(a)  Any  or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia,  Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina,  Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the  Commonwealth of Puerto Rico, and the United States Virgin Islands shall  be eligible to become party to this compact.
(b)  As  to any eligible party state, this compact shall become effective when  its legislature shall have enacted the same into law; provided that it  shall not become initially effective until enacted into law by seven (7)  states.
(c)  Any party state may  withdraw from this compact by enacting a statute repealing the same, but  no such withdrawal shall become effective until the governor of the  withdrawing state shall have sent formal notice in writing to the  governor of each other party state informing said governors of the  action of the legislature in repealing the compact and declaring an  intention to withdraw.
ARTICLE IX  Severability and Construction
The  provisions of this compact and of any supplementary agreement entered  into hereunder shall be severable and if any phrase, clause, sentence or  provision of this compact or such supplementary agreement is declared  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 circumstance is held invalid, the validity of the remainder of  this compact or such supplementary agreement and the applicability  thereof to any government, agency, person or circumstance shall not be  affected thereby. If this compact or any supplementary agreement entered  into hereunder shall be held contrary to the constitution of any state  participating therein, the compact or such supplementary agreement shall  remain in full force and effect as to the remaining states and in full  force and effect as to the state affected as to all severable matters.  The provisions of this compact and of any supplementary agreement  entered into pursuant hereto shall be liberally construed to effectuate  the purposes thereof.