KRS 152.210: Southern Interstate Nuclear Compact -- Kentucky as party -- Substance.

The Southern Interstate Nuclear Compact is enacted into law and entered into by the

Commonwealth of Kentucky as a party, and is of full force and effect between the

Commonwealth and any other states joining therein in accordance with the terms of the

compact. The compact is substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment of nuclear energy, facilities,

materials, and products 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 the acquisition of nuclear 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 c ooperative

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 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 specif ic provision 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 sh all 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 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 ol d 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 t he 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 necessa ry 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 amen d 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 and legislature 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. 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 ma y 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 popu lations to

the total population of the entire group of party states based on the last decennial federal

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 in habitants 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 obligation s 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 o f 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 establishe d 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.

(f) 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 to be limited to pri vate 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 nuclear and related industries.

(b) Encourage the development and use of nuclear energy facilities, installations,

and products as part of a balanced economy.

(c) Collect, correlate and disseminate information relating to civilian uses o f

nuclear energy, materials and products.

(d) 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) 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,

installations, or wastes.

(e) Organize and conduct, or assist and cooperate in organizing and conducting,

demonstrations of nuclear product, material, or equipment use and disposal and of proper

techniques or processes for the application of nuclear resources to the civilian economy

or general welfare.

(f) Undertake such nonregulatory functions with respect to nonnuclear 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 nuclear 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 varia tions 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 Atomic Energy Commission or any agency successor

thereto, any other officer or agency of the U nited 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 cont rol 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 pa rty 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 whol e 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 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 suc h 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 cont emplated 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 bor ne 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 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.

(c) Alter the relations between the 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 t he states of Alabama, Arkansas, Delaware, Florida, Georgia,

Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina,

Tennessee, Texas, Virginia, and West Virginia shall be eligible to become party to this

compact.

(b) As to an y eligible party state, this compact shall become effective when

adopted into law as provided by the law of the various party states; provided that it shall

not become initially effective until enacted into law by seven states.

(c) Any party state may wit hdraw 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 go vernors 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 effec t 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.