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,
by-products, 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.]