{"data":{"id":"us-ky/krs-152.210","jurisdiction":"us-ky","citation":"KRS 152.210","heading":"Southern Interstate Nuclear Compact -- Kentucky as party -- Substance.","body":"The Southern Interstate Nuclear Compact is enacted into law and entered into by the\nCommonwealth of Kentucky as a party, and is of full force and effect between the\nCommonwealth and any other states joining therein in accordance with the terms of the\ncompact. The compact is substantially as follows:\nARTICLE I. POLICY AND PURPOSE\nThe party states recognize that the proper employment of nuclear energy, facilities,\nmaterials, and products can assist substantially in the industrialization of the south and\nthe development of a balanced economy for the region. They also recognize that optimum\nbenefit from the acquisition of nuclear resources and facilities requires systematic\nencouragement, guidance, and assistance from the party states on a cooperative basis. It is\nthe policy of the party states to undertake such cooperation on a continuing basis; it is the\npurpose of this compact to provide the instruments and framework for such a c ooperative\neffort to improve the economy of the south and contribute to the individual and\ncommunity well being of the region's people.\nARTICLE II. THE BOARD\n(a) There is hereby created an agency of the party states to be known as the\n\"Southern Interstate  Nuclear Board\" (hereinafter called the board). The board shall be\ncomposed of one member from each party state designated or appointed in accordance\nwith the law of the state which he represents and serving and subject to removal in\naccordance with such law. Any member of the board may provide for the discharge of his\nduties and the performance of his functions thereon (either for the duration of his\nmembership or for any lesser period of time) by a deputy or assistant, if the laws of his\nstate make specif ic provision therefor. The federal government may be represented\nwithout vote if provision is made by federal law for such representation.\n(b) The board members of the party states shall each be entitled to one vote on the\nboard. No action of the board sh all be binding unless taken at a meeting at which a\nmajority of all members representing the party states are present and unless a majority of\nthe total number of votes on the board are cast in favor thereof.\n(c) The board shall have a seal.\n(d) The board shall elect annually, from among its members, a chairman, a vice\nchairman, and a treasurer. The board shall appoint an executive director who shall serve\nat its pleasure and who shall also act as secretary, and who, together with the treasurer,\nshall be bonded in such amounts as the board may require.\n(e) The executive director, with the approval of the board, shall appoint and\nremove or discharge such personnel as may be necessary for the performance of the\nboard's functions irrespective of the civil service, personnel or other merit system laws of\nany of the party states.\n(f) The board may establish and maintain, independently or in conjunction with\nany one or more of the party states, a suitable retirement system for its full -time\nemployees. Employees of the board shall be eligible for social security coverage in\nrespect of ol d age and survivors insurance provided that the board takes such steps as\nmay be necessary pursuant to federal law to participate in such program of insurance as a\ngovernmental agency or unit. The board may establish and maintain or participate in such\nadditional programs of employee benefits as may be appropriate.\n(g) The board may borrow, accept, or contract for the services of personnel from\nany state or the United States or any subdivision or agency thereof, from any interstate\nagency, or from any institution, person, firm or corporation.\n(h) The board may accept for any of its purposes and functions under this\ncompact any and all donations, and grants of money, equipment, supplies, materials, and\nservices (conditional or otherwise) from any state or t he United States or any subdivision\nor agency thereof, or interstate agency, or from any institution, person, firm or\ncorporation, and may receive, utilize and dispose of the same.\n(i) The board may establish and maintain such facilities as may be necessa ry for\nthe transacting of its business. The board may acquire, hold, and convey real and personal\nproperty and any interest therein.\n(j) The board shall adopt bylaws, rules, and regulations for the conduct of its\nbusiness, and shall have the power to amen d and rescind these bylaws, rules and\nregulations. The board shall publish its bylaws, rules and regulations in convenient form\nand shall file a copy thereof, and shall also file a copy of any amendment thereto, with\nthe appropriate agency or officer in each of the party states.\n(k) The board annually shall make to the governor and legislature of each party\nstate, a report covering the activities of the board for the preceding year, and embodying\nsuch recommendations as may have been adopted by the board. The board may issue\nsuch additional reports as it may deem desirable.\nARTICLE III. FINANCES\n(a) The board shall submit to the executive head or designated officer or officers\nof each party state a budget of its estimated expenditures for such period as ma y be\nrequired by the laws of that jurisdiction for presentation to the legislature thereof.\n(b) Each of the board's budgets of estimated expenditures shall contain specific\nrecommendations of the amount or amounts to be appropriated by each of the party\nstates. One -half of the total amount of each budget of estimated expenditures shall be\napportioned among the party states in equal shares; one -quarter of each such budget shall\nbe apportioned among the party states in accordance with the ratio of their popu lations to\nthe total population of the entire group of party states based on the last decennial federal\ncensus; and one-quarter of each such budget shall be apportioned among the party states\non the basis of the relative average per capita income of the in habitants in each of the\nparty states based on the latest computations published by the federal census -taking\nagency. Subject to appropriation by their respective legislatures, the board shall be\nprovided with such funds by each of the party states as are necessary to provide the\nmeans of establishing and maintaining facilities, a staff of personnel, and such activities\nas may be necessary to fulfill the powers and duties imposed upon and entrusted to the\nboard.\n(c) The board may meet any of its obligation s in whole or in part with funds\navailable to it under Article II(h) of this compact, provided that the board takes specific\naction setting aside such funds prior to the incurring of any obligation to be met in whole\nor in part in this manner. Except where the board makes use of funds available to it under\nArticle II(h) hereof, the board shall not incur any obligation prior to the allotment of\nfunds by the party jurisdictions adequate to meet the same.\n(d) Any expenses and any other costs for each member o f the board in attending\nboard meetings shall be met by the board.\n(e) The board shall keep accurate accounts of all receipts and disbursements. The\nreceipts and disbursements of the board shall be subject to the audit and accounting\nprocedures establishe d under its bylaws. However, all receipts and disbursements of\nfunds handled by the board shall be audited yearly by a qualified public accountant and\nthe report of the audit shall be included in and become part of the annual report of the\nboard.\n(f) The accounts of the board shall be open at any reasonable time for inspection.\nARTICLE IV. ADVISORY COMMITTEES\nThe board may establish such advisory and technical committees as it may deem\nnecessary, membership on which to include but not to be limited to pri vate citizens,\nexpert and lay personnel, representatives of industry, labor, commerce, agriculture, civic\nassociations, medicine, education, voluntary health agencies, and officials of local, state\nand federal government, and may cooperate with and use the  services of any such\ncommittees and the organizations which they represent in furthering any of its activities\nunder this compact.\nARTICLE V. POWERS\nThe board shall have power to:\n(a) Ascertain and analyze on a continuing basis the position of the south  with\nrespect to nuclear and related industries.\n(b) Encourage the development and use of nuclear energy facilities, installations,\nand products as part of a balanced economy.\n(c) Collect, correlate and disseminate information relating to civilian uses o f\nnuclear energy, materials and products.\n(d) Conduct, or cooperate in conducting, programs of training for state and local\npersonnel engaged in any aspects of:\n(1) Nuclear industry, medicine, or education or the promotion or regulation thereof.\n(2) The formulation or administration of measures designed to promote safety in any\nmatter related to the development, use or disposal of nuclear energy, materials, products,\ninstallations, or wastes.\n(e) Organize and conduct, or assist and cooperate in organizing  and conducting,\ndemonstrations of nuclear product, material, or equipment use and disposal and of proper\ntechniques or processes for the application of nuclear resources to the civilian economy\nor general welfare.\n(f) Undertake such nonregulatory functions with respect to nonnuclear sources of\nradiation as may promote the economic development and general welfare of the region.\n(g) Study industrial, health, safety, and other standards, laws, codes, rules,\nregulations, and administrative practices in or related to nuclear fields.\n(h) Recommend such changes in, or amendments or additions to the laws, codes,\nrules, regulations, administrative procedures and practices or ordinances of the party\nstates in any of the fields of its interest and competence as in its judgment may be\nappropriate. Any such recommendation shall be made through the appropriate state\nagency with due consideration of the desirability of uniformity but shall also give\nappropriate weight to any special circumstances which may justify varia tions to meet\nlocal conditions.\n(i) Prepare, publish and distribute, (with or without charge) such reports,\nbulletins, newsletters or other material as it deems appropriate.\n(j) Cooperate with the Atomic Energy Commission or any agency successor\nthereto, any other officer or agency of the U nited States, and any other governmental unit\nor agency or officer thereof, and with any private persons or agencies in any of the fields\nof its interests.\n(k) Act as licensee of the United States government or any party state with\nrespect to the conduct of any research activity requiring such license and operate such\nresearch facility or undertake any program pursuant thereto.\n(l) Ascertain from time to time such methods, practices, circumstances, and\nconditions as may bring about the prevention and cont rol of nuclear incidents in the area\ncomprising the party states, to coordinate the nuclear incident prevention and control\nplans and the work relating thereto of the appropriate agencies of the party states and to\nfacilitate the rendering of aid by the pa rty states to each other in coping with nuclear\nincidents. The board may formulate and, in accordance with need from time to time,\nrevise a regional plan or regional plans for coping with nuclear incidents within the\nterritory of the party states as a whol e or within any subregion or subregions of the\ngeographic area covered by this compact.\nARTICLE VI. SUPPLEMENTARY AGREEMENTS\n(a) To the extent that the board has not undertaken an activity or project which\nwould be within its power under the provisions of  Article V of this compact, any two or\nmore of the party states (acting by their duly constituted administrative officials) may\nenter into supplementary agreements for the undertaking and continuance of such an\nactivity or project. Any such agreement shall  specify its purpose or purposes; its duration\nand the procedure for termination thereof or withdrawal therefrom; the method of\nfinancing and allocating the costs of the activity or project; and such other matters as may\nbe necessary or appropriate. No suc h supplementary agreement entered into pursuant to\nthis article shall become effective prior to its submission to and approval by the board.\nThe board shall give such approval unless it finds that the supplementary agreement or\nthe activity or project cont emplated thereby is inconsistent with the provisions of this\ncompact or a program or activity conducted by or participated in by the board.\n(b) Unless all of the party states participate in a supplementary agreement, any\ncost or costs thereof shall be bor ne separately by the states party thereto. However, the\nboard may administer or otherwise assist in the operation of any supplementary\nagreement.\n(c) No party to a supplementary agreement entered into pursuant to this article\nshall be relieved thereby of any obligation or duty assumed by said party state under or\npursuant to this compact, except that timely and proper performance of such obligation or\nduty by means of the supplementary agreement may be offered as performance pursuant\nto the compact.\nARTICLE VII. OTHER LAWS AND RELATIONSHIPS\nNothing in this compact shall be construed to:\n(a) Permit or require any person or other entity to avoid or refuse compliance\nwith any law, rule, regulation, order or ordinance of a party state or subdivision thereof\nnow or hereafter made, enacted or in force.\n(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic\nEnergy Commission, any agency successor thereto, or any other federal department,\nagency or officer pursuant to and in conformity with  any valid and operative Act of\nCongress.\n(c) Alter the relations between the respective internal responsibilities of the\ngovernment of a party state and its subdivisions.\n(d) Permit or authorize the board to exercise any regulatory authority or to own or\noperate any nuclear reactor for the generation of electric energy; nor shall the board own\nor operate any facility or installation for industrial or commercial purposes.\nARTICLE VIII. ELIGIBLE PARTIES,\nENTRY INTO FORCE AND WITHDRAWAL\n(a) Any or all of t he states of Alabama, Arkansas, Delaware, Florida, Georgia,\nKentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina,\nTennessee, Texas, Virginia, and West Virginia shall be eligible to become party to this\ncompact.\n(b) As to an y eligible party state, this compact shall become effective when\nadopted into law as provided by the law of the various party states; provided that it shall\nnot become initially effective until enacted into law by seven states.\n(c) Any party state may wit hdraw from this compact by enacting a statute\nrepealing the same, but no such withdrawal shall become effective until the governor of\nthe withdrawing state shall have sent formal notice in writing to the governor of each\nother party state informing said go vernors of the action of the legislature in repealing the\ncompact and declaring an intention to withdraw.\nARTICLE IX. SEVERABILITY AND CONSTRUCTION\nThe provisions of this compact and of any supplementary agreement entered into\nhereunder shall be severable  and if any phrase, clause, sentence or provision of this\ncompact or such supplementary agreement is declared to be contrary to the constitution\nof any participating state or of the United States or the applicability thereof to any\ngovernment, agency, person, or circumstance is held invalid, the validity of the remainder\nof this compact or such supplementary agreement and the applicability thereof to any\ngovernment, agency, person, or circumstance shall not be affected thereby. If this\ncompact or any supplementary agreement entered into hereunder shall be held contrary to\nthe constitution of any state participating therein, the compact or such supplementary\nagreement shall remain in full force and effect as to the remaining states and in full force\nand effec t as to the state affected as to all severable matters. The provisions of this\ncompact and of any supplementary agreement entered into pursuant hereto shall be\nliberally construed to effectuate the purposes thereof.\n","path":["KRS Chapter 152"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=2278","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:47Z","sha256":"5514635e24ba57060e2911ac3f07845d64e447b2723315fd2ce2dc08678c0f90","source_id":"us-ky","stale":false,"prev":"us-ky/krs-152.200","next":"us-ky/krs-152.212"},"notice":"GroundRules: Original legal text. Not legal advice."}