CHAPTER 761. SOUTHERN STATES ENERGY COMPACT

GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

CHAPTER 761. SOUTHERN STATES ENERGY COMPACT

Sec. 761.001. ENACTMENT; TERMS OF COMPACT. The Southern States

Energy Compact is enacted and entered into 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 an acquisition of energy resources and facilities

require 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

the framework for such a cooperative effort to improve the

economy of the South and contribute to the individual and

community well-being of the people of this region.

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 referred

to as the Board). The Board shall be composed of three members

from each party state, one of whom shall be appointed or

designated to represent the Governor and one to represent each

house of the state legislature. 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 less period

of time) by a deputy or assistant, if the laws of his state make

specific provision therefor. The Federal Government may be

represented on the Board without 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 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 members representing the

party states are present and unless a majority of the total

number of votes by states 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 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 programs 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 in

convenient form 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 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 of the total

amount of each budget of estimated expenditures shall be

apportioned among the party states in equal shares; one-quarter

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 census; and one-quarter of each such 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 or

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 obligation 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), the Board

shall not incur any obligation 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, civic

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.

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 and 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 a 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 application of energy,

environmental, and related concerns to industry, medicine,

education, or the promotion or regulation thereof.

(2) The formulation or administration of measures designed to

promote safety in any manner 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 non-regulatory functions with respect to

resources 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, 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 interest.

(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)(1) 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 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.

(2) 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 any activity

or project which would be within its power under the provisions

of Article V of this compact, any two 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 of 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, rule, 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 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, and West Virginia, any state contiguous to any

of the foregoing states, the Commonwealth of Puerto Rico, and the

Virgin Islands of the United States 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 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.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 761.002. MEMBERS OF BOARD. (a) The governor, lieutenant

governor, and speaker shall each make one appointment to the

Southern States Energy Board.

(b) The lieutenant governor shall appoint a member of the

senate.

(c) The speaker shall appoint a member of the house of

representatives.

(d) A member serves at the pleasure of the officer who appointed

the member.

(e) A member who is a member of the legislature or the head of a

state department or agency may designate a subordinate officer or

employee of the department, agency, or legislative house to serve

instead of the member as permitted by Article II(a) of the

compact and in conformity with the bylaws of the board.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 761.003. COORDINATION OF ENERGY ACTIVITIES. (a) Each

board member shall assist in the coordination of energy

activities in this state.

(b) A board member may assist in the orderly development of

energy knowledge in this state.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 761.004. MEMBERSHIP DUES. Membership dues to the board

shall be paid from appropriations made to the office of the

governor.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 761.005. BUDGETS. The board shall submit its budgets of

estimated expenditures to the governor and the Legislative Budget

Board for presentation to the legislature.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 761.007. COOPERATION WITH BOARD. The departments,

agencies, and officers of this state and its subdivisions may

cooperate with the board in any of its activities.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.