RCW 43.21F.400
Western interstate nuclear compact -- Entered
into -- Terms.The western interstate nuclear compact is hereby
enacted into law and entered into by the state of Washington as a
party, and is in full force and effect between the state and any
other states joining therein in accordance with the terms of the
compact, which compact is substantially as follows:
ARTICLE I. POLICY AND PURPOSE
The party states recognize that the proper employment of
scientific and technological discoveries and advances in nuclear
and related fields and direct and collateral application and
adaptation of processes and techniques developed in connection
therewith, properly correlated with the other resources of the
region, can assist substantially in the industrial progress of the
West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related
scientific or technological resources, facilities and skills
requires systematic encouragement, guidance, assistance, and
promotion 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 in nuclear
and related fields, to enhance the economy of the West 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 "Western Interstate Nuclear Board" (hereinafter
called the Board). The Board shall be composed of one member from
each party state 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
his state make specific provisions therefor. The federal
government may be represented without vote if provision is made by
federal law for such representation.
(b) The Board members of the party states shall each be
entitled to one vote on the Board. 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 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 and fix the compensation of an Executive Director who shall
serve at its pleasure and who shall also act as Secretary, and who,
together with the Treasurer, and such other personnel as the Board
may direct, 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, or its
institutions or subdivisions, 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. The nature, amount and conditions, if any, attendant
upon any donation or grant accepted pursuant to this paragraph or
upon any borrowing pursuant to paragraph (g) of this Article,
together with the identity of the donor, grantor or lender, shall
be detailed in the annual report of the Board.
(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 governor 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. Each of the Board's
requests for appropriations pursuant to a budget of estimated
expenditures shall be apportioned equally among the party states. 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 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) hereof, the Board
shall not incur any obligation prior to the allotment of funds by
the party jurisdictions adequate to meet the same.
(d) Any expenses and any other costs for each member of the
Board in attending Board meetings shall be met by the Board.
(e) 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 certified or
licensed public accountant and the report of the audit shall be
included in and become a part of the annual report of the Board.
(f) The accounts of the Board shall be open at any reasonable
time for inspection to persons authorized by the Board, and duly
designated representatives of governments contributing to the
Board's support.
ARTICLE IV. ADVISORY COMMITTEES
The Board may establish such advisory and technical committees
as it may deem necessary, membership on which may 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) Encourage and promote cooperation among the party states
in the development and utilization of nuclear and related
technologies and their application to industry and other fields.
(b) Ascertain and analyze on a continuing basis the position
of the West with respect to the employment in industry of nuclear
and related scientific findings and technologies.
(c) Encourage the development and use of scientific advances
and discoveries in nuclear facilities, energy, materials, products,
by-products, and all other appropriate adaptations of scientific
and technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating
to the peaceful uses of nuclear energy, materials, and products,
and other products and processes resulting from the application of
related science and technology.
(e) Encourage the development and use of nuclear energy,
facilities, installations, and products as part of a balanced
economy.
(f) Conduct, or cooperate in conducting, programs of training
for state and local personnel engaged in any aspects of:
1. Nuclear industry, medicine, or education, or the promotion
or regulation thereof.
2. Applying nuclear scientific advances or discoveries, and
any industrial commercial or other processes resulting therefrom.
3. The formulation or administration of measures designed to
promote safety in any matter related to the development, use or
disposal of nuclear energy, materials, products, by-products,
installations, or wastes, or to safety in the production, use and
disposal of any other substances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in
organizing and conducting, demonstrations or research in any of the
scientific, technological or industrial fields to which this
compact relates.
(h) Undertake such nonregulatory functions with respect to
non-nuclear sources of radiation as may promote the economic
development and general welfare of the West.
(i) Study industrial, health, safety, and other standards,
laws, codes, rules, regulations, and administrative practices in or
related to nuclear fields.
(j) Recommend such changes in, or amendments or additions to
the laws, codes, rules, regulations, administrative procedures and
practices or local laws or ordinances of the party states or their
subdivisions in nuclear and related fields, as in its judgment may
be appropriate. Any such recommendations 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.
(k) Consider and make recommendations designed to facilitate
the transportation of nuclear equipment, materials, products,
byproducts, wastes, and any other nuclear or related substances, in
such manner and under such conditions as will make their
availability or disposal practicable on an economic and efficient
basis.
(l) Consider and make recommendations with respect to the
assumption of and protection against liability actually or
potentially incurred in any phase of operations in nuclear and
related fields.
(m) Advise and consult with the federal government concerning
the common position of the party states or assist party states with
regard to individual problems where appropriate in respect to
nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the National
Aeronautics and Space Administration, the Office of Science and
Technology, or any agencies 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.
(o) Act as licensee, contractor or sub-contractor of the
United States Government or any party state with respect to the
conduct of any research activity requiring such license or contract
and operate such research facility or undertake any program
pursuant thereto, provided that this power shall be exercised only
in connection with the implementation of one or more other powers
conferred upon the Board by this compact.
(p) Prepare, publish and distribute (with or without charge)
such reports, bulletins, newsletters or other materials as it deems
appropriate.
(q) Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the prevention and
control of nuclear incidents in the area comprising the party
states, to coordinate the nuclear 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 nuclear incidents.
The Board may formulate and, in accordance with need from time
to time, revise a regional plan or regional plans for coping with
nuclear 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.
Any nuclear incident plan in force pursuant to this paragraph
shall designate the official or agency in each party state covered
by the plan who shall coordinate requests for aid pursuant to
Article VI of this compact and the furnishing of aid in response
thereto.
Unless the party states concerned expressly otherwise agree,
the Board shall not administer the summoning and dispatching of
aid, but this function shall be undertaken directly by the
designated agencies and officers of the party states.
However, the plan or plans of the Board in force pursuant to
this paragraph shall provide for reports to the Board concerning
the occurrence of nuclear incidents and the requests for aid on
account thereof, together with summaries of the actual working and
effectiveness of mutual aid in particular instances.
From time to time, the Board shall analyze the information
gathered from reports of aid pursuant to Article VI and such other
instances of mutual aid as may have come to its attention, so that
experience in the rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan or
regional plans for carrying out the duties, powers, or functions
conferred upon the Board by this compact.
(s) Undertake responsibilities imposed or necessarily involved
with regional participation pursuant to such cooperative programs
of the federal government as are useful in connection with the
fields covered by this compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or local governmental
authorities therein, request aid from any other party state
pursuant to this compact in coping with a nuclear incident, it
shall be the duty of the requested state to render all possible aid
to the requesting state which is consonant with the maintenance of
protection of its own people.
(b) Whenever the officers or employees of any party state are
rendering outside aid pursuant to the request of another party
state under this compact, the officers or employees of such state
shall, under the direction of the authorities of the state to which
they are rendering aid, have the same powers, duties, rights,
privileges and immunities as comparable officers and employees of
the state to which they are rendering aid.
(c) No party state or its officers or employees rendering
outside aid pursuant to this compact shall be liable on account of
any act or omission on their part while so engaged, or on account
of the maintenance or use of any equipment or supplies in
connection therewith.
(d) All liability that may arise either under the laws of the
requesting state or under the laws of the aiding state or under the
laws of a third state on account of or in connection with a request
for aid, shall be assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant to this
compact shall be reimbursed by the party state receiving such aid
for any loss or damage to, or expense incurred in the operation of
any equipment answering a request for aid, and for the cost of all
materials, transportation, wages, salaries and maintenance of
officers, employees and equipment incurred in connection with such
requests: PROVIDED, That nothing herein contained shall prevent
any assisting party state from assuming such loss, damage, expense
or other cost or from loaning such equipment or from donating such
services to the receiving party state without charge or cost.
(f) Each party state shall provide for the payment of
compensation and death benefits to injured officers and employees
and the representatives of deceased officers and employees in case
officers or employees sustain injuries or death while rendering
outside aid pursuant to this compact, in the same manner and on the
same terms as if the injury or death were sustained within the
state by or in which the officer or employee was regularly
employed.
ARTICLE VII. 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 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 the 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 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.
(d) The provisions of this Article shall apply to
supplementary agreements and activities thereunder, but shall not
be construed to repeal or impair any authority which officers or
agencies of party states may have pursuant to other laws to
undertake cooperative arrangements or projects.
ARTICLE VIII. OTHER LAWS AND RELATIONS
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 Atomic Energy Commission, 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; nor limit, diminish, affect, or otherwise impair
jurisdiction exercised by any officer or agency of a party state,
except to the extent that the provisions of this compact may
provide therefor.
(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 own or operate any
facility, reactor, or installation for industrial or commercial
purposes.
ARTICLE IX. ELIGIBLE PARTIES,
ENTRY INTO FORCE AND WITHDRAWAL
(a) Any or all of the states of Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming 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 five states.
(c) Any party state may withdraw from this compact by enacting
a statute repealing the same, but no such withdrawal shall take
effect until two years after the Governor of the withdrawing state
has given notice in writing of the withdrawal to the Governors of
all other party states. No withdrawal shall affect any liability
already incurred by or chargeable to a party state prior to the
time of such withdrawal.
(d) Guam and American Samoa, or either of them may participate
in the compact to such extent as may be mutually agreed by the
Board and the duly constituted authorities of Guam or American
Samoa, as the case may be. However, such participation shall not
include the furnishing or receipt of mutual aid pursuant to Article
VI, unless that Article has been enacted or otherwise adopted so as
to have the full force and effect of law in the jurisdiction
affected. Neither Guam nor American Samoa shall be entitled to
voting participation on the Board, unless it has become a full
party to the compact.
ARTICLE X. 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
thereto shall be liberally construed to effectuate the purposes
thereof.[1969 c 9 § 1. Formerly RCW 43.31.400.]
NOTES:
Severability -- 1969 c 9: "If any provision of this act, or its
application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1969 c 9 § 6.]