18.060. Southern states energy compact.
Southern states energy compact.
18.060. The Southern States Energy Compact is enacted into law andentered into by this state as a party, and is of full force and effect betweenthe state and any other states joining therein in accordance with the terms ofthe compact, which said compact is substantially as follows:
(1) POLICY AND PURPOSE.--The party states recognize that the properemployment and conservation of energy and employment of energy-relatedfacilities, materials and products within the context of a responsible regardfor the environment, can assist substantially in the industrialization of thesouth and the development of a balanced economy for the region. They alsorecognize that optimum benefit from an acquisition of energy resources andfacilities requires systematic encouragement, guidance and assistance from theparty states on a cooperative basis. It is the policy of the party states toundertake such cooperation on a continuing basis; it is the purpose of thiscompact to provide the instruments and framework for such a cooperative effortto improve the economy of the south and contribute to the individual andcommunity well-being of the people of this region.
(2) BOARD.--
(a) There is hereby created an agency of the party states to be known asthe southern states energy board (hereinafter called the board). The boardshall be composed of three members from each party state designated orappointed in accordance with the law of the state which they represent* andserving and subject to removal in accordance with such law. Any member of theboard may provide for the discharge of his duties and the performance of hisfunctions thereon (either for the duration of his membership or for any lessperiod of time) by a deputy or assistant, if the laws of his state makespecific provision therefor. The federal government may be representedwithout vote if provision is made by federal law for such representation.
(b) Each party state shall be entitled to one vote on the board, to bedetermined by majority vote of the members from the party state present andvoting on any question. No action of the board shall be binding unless takenat a meeting at which a majority of all party states are represented andunless a majority of the total number of votes 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 executivedirector 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 theboard may require.
(e) The executive director, with approval of the board, shall appointand remove or discharge such personnel as may be necessary for the performanceof the board's functions irrespective of the civil service, personnel or othermerit system laws of any of the party states.
(f) The board may establish and maintain, independently or inconjunction with any one or more of the party states, a suitable retirementsystem for its full-time employees. Employees of the board shall be eligiblefor Social Security coverage in respect of old age and survivors' insurance,provided that the board takes such steps as may be necessary pursuant tofederal law to participate in such program of insurance as a governmentalagency or unit. The board may establish and maintain or participate in suchadditional programs of employee benefits as may be appropriate.
(g) The board may borrow, accept or contract for the services ofpersonnel from any state or the United States or any subdivision or agencythereof, from any interstate agency, or from any institution, person, firm orcorporation.
(h) The board may accept for any of its purposes and functions underthis compact any and all donations, and grants of money, equipment, supplies,materials and services (conditional or otherwise) from any state or the UnitedStates 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 benecessary for the transacting of its business. The board may acquire, holdand convey real and personal property and any interest therein.
(j) The board shall adopt by-laws, rules and regulations for the conductof its business, and shall have the power to amend and rescind these by-laws,rules and regulations. The board shall publish its by-laws, rules andregulations in convenient form and shall also file a copy of any amendmentthereto 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 areport covering the activities of the board for the preceding year, andembodying such recommendations as may have been adopted by the board, whichreport shall be transmitted to the legislature of said state. The board mayissue such additional reports as it may deem desirable.
(3) FINANCES.--
(a) The board shall submit to the executive head or designated officeror officers of each state a budget of its estimated expenditures for suchperiod as may be required by the laws of that jurisdiction for presentation tothe legislature thereof.
(b) Each of the board's budgets of estimated expenditures shall containspecific recommendations of the amount or amounts to be appropriated by eachof the party states. One-half of the total amount of each budget of estimatedexpenditures shall be apportioned among the party states in equal shares; onequarter of each such budget shall be apportioned among the party states inaccordance with the ratio of their populations to the total population of theentire group of party states based on the latest official decennial census;and one quarter of each such budget shall be apportioned among the partystates on the basis of the relative average per capita income of theinhabitants in each of the party states based on the latest computationspublished by the federal census-taking agency. Subject to appropriation bytheir respective legislatures, the board shall be provided with such funds byeach of the party states as are necessary to provide the means of establishingand maintaining facilities, a staff of personnel, and such activities as maybe necessary to fulfill the powers and duties imposed upon and entrusted tothe board.
(c) The board may meet any of its obligations in whole or in part withfunds available to it under subsection (2)(h), provided that the board takesspecific action setting aside such funds prior to the incurring of anyobligation to be met in whole or in part in this manner. Except where theboard makes use of funds available to it under subsection (2)(h), the boardshall not incur any obligation prior to the allotment of funds by the partyjurisdiction adequate to meet the same.
(d) The board shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the board shall be subjectto the audit and accounting procedures established under its by-laws.However, all receipts and disbursements of funds handled by the board shall beaudited yearly by a qualified public accountant and the report of the auditshall 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 forinspection.
(4) ADVISORY COMMITTEES.--The board may establish such advisory andtechnical committees as it may deem necessary, membership on which to includebut not to be limited to private citizens, expert and lay personnel,representatives of industry, labor, commerce, agriculture, civic associations,medicine, education, voluntary health agencies and officials of local, stateand federal government, and may cooperate with and use the services of anysuch committees and the organizations which they represent in furthering anyof its activities under this compact.
(5) POWERS.--The board shall have the power to:
(a) Ascertain and analyze on a continuing basis the position of thesouth with respect to energy, energy-related industries, and environmentalconcerns.
(b) Encourage the development, conservation and responsible use ofenergy and energy-related facilities, installations and products as part of abalanced economy and healthy environment.
(c) Collect, correlate and disseminate information relating to civilianuses of energy and energy-related materials and products.
(d) Conduct, or cooperate in conducting, programs of training for stateand local personnel engaged in any aspects of
1. Energy, environment, and application of energy, environmental, andrelated concerns to industry, medicine or education or the promotion orregulation thereof.
2. The formulation or administration of measures designed to promotesafety in any matter related to the development, use or disposal of energy andenergy-related materials, products, installations or wastes.
(e) Organize and conduct, or assist and cooperate in organizing andconducting, demonstrations of energy product, material or equipment use anddisposal and of proper techniques or processes for the application of energyresources to the civilian economy or general welfare.
(f) Undertake such nonregulatory functions with respect to sources ofradiation as may promote the economic development and general welfare of theregion.
(g) Study industrial, health, safety and other standards, laws, codes,rules, regulations and administrative practices in or related to energy andenvironmental fields.
(h) Recommend such changes in, or amendments or additions to the laws,codes, rules, regulations, administrative procedures and practices orordinances of the party states in any of the fields of its interest andcompetence as in its judgment may be appropriate. Any such recommendationshall be made in the case of Florida, through the Florida nuclear commission.
(i) Prepare, publish and distribute (with or without charge), suchreports, bulletins, newsletters or other material as it deems appropriate.
(j) Cooperate with the United States Department of Energy or any agencysuccessor thereto, any other officer or agency of the United States, and anyother governmental unit or agency or officer thereof, and with any privatepersons or agencies in any of the fields of its interest.
(k) Act as licensee of the United States government or any party statewith respect to the conduct of any research activity requiring such licenseand operate such research facility or undertake any program pursuant thereto.
(l) Ascertain from time to time such methods, practices, circumstancesand conditions as may bring about the prevention and control of energy andenvironmental incidents in the area comprising the party states to coordinatethe nuclear environmental, and other energy-related incident prevention andcontrol plans and the work relating thereto of the appropriate agencies of theparty states and to facilitate the rendering of aid by the party states toeach other in coping with energy and environmental incidents. The board mayformulate and, in accordance with need from time to time, revise a regionalplan or regional plans for coping with energy and environmental incidentswithin the territory of the party states as a whole or within any subregion orsubregions of the geographic areas covered by this compact.
(6) SUPPLEMENTARY AGREEMENTS.--
(a) To the extent that the board has not undertaken an activity orproject which would be within its power under the provisions of this compact,any two or more of the party states (acting by their duly constitutedadministrative officials) may enter into supplementary agreements for theundertaking and continuance of such an activity or project. Any suchagreement shall specify its purpose or purposes, its duration and theprocedure for termination thereof or withdrawal therefrom, the method offinancing and allocating the costs of the activity or project and such othermatters as may be necessary or appropriate. No such supplementary agreemententered into pursuant to this act shall become effective prior to itssubmission to and approval by the board. The board shall give such approvalunless it finds that the supplementary agreement or activity or projectcontemplated thereby is inconsistent with the provisions of this compact or aprogram or activity conducted by or participated in by the board.
(b) Unless all of the party states participate in a supplementaryagreement, any costs thereof shall be borne separately by the states partythereto. However, the board may administer or otherwise assist in theoperation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to thisact shall be relieved thereby of any obligation or duty assumed by said partystate under or pursuant to this compact, except that timely and properperformance of such obligation or duty by means of the supplementary agreementmay be offered as performance pursuant to the compact.
(7) OTHER LAWS AND REGULATIONS.--Nothing in this compact shall beconstrued to:
(a) Permit or require any person or other entity to avoid or refusecompliance with any law, rule, regulation, order or ordinance of a party stateor subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish or otherwise impair jurisdiction exercised by theUnited States Department of Energy, any agency successor thereto, or any otherfederal department, agency or officer pursuant to and in conformity with anyvalid and operative act of Congress.
(c) Alter the relations between the respective internal responsibilitiesof the government of a party state and its subdivisions.
(d) Permit or authorize the board to exercise any regulatory authorityor to own or operate any nuclear reactor for the generation of electricenergy; nor shall the board own or operate any facility or installation forindustrial or commercial purposes.
(8) ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL.--
(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida,Georgia, Kentucky, Louisiana, Maryland, Missouri, Mississippi, North Carolina,Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, theCommonwealth of Puerto Rico, and the United States Virgin Islands shall beeligible to become party to this compact.
(b) As to any eligible party state, this compact shall become effectivewhen its legislature shall have enacted the same into law; provided that itshall not become initially effective until enacted into law by seven states.
(c) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall become effective until thegovernor of the withdrawing state shall have sent formal notice in writing tothe governor of each other party state informing said governors of the actionof the legislature in repealing the compact and declaring an intention towithdraw.
(9) SEVERABILITY AND CONSTRUCTION.--The provisions of this compact andof any supplementary agreement entered into hereunder shall be severable andif any phrase, clause, sentence or provision of this compact or suchsupplementary agreement is declared to be contrary to the constitution of anyparticipating state or of the United States or the applicability thereof toany government, agency, person or circumstance is held invalid, the validityof the remainder of this compact or such supplementary agreement and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact or any supplementary agreemententered into hereunder shall be held contrary to the constitution of any stateparticipating therein, the compact or such supplementary agreement shallremain in full force and effect as to the remaining states and in full forceand effect as to the state affected as to all severable matters. Theprovisions of this compact and of any supplementary agreement entered intopursuant hereto shall be liberally construed to effectuate the purposesthereof.
(L. 1965 p. 515 § 324.060, A.L. 1992 S.B. 563)*Words "he represents" appear in original rolls.