{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-1051","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-1051","heading":"Text of compact","body":"The Southern States Energy Compact is hereby entered into by\n\nthis state with any and all other states legally joining therein in\n\naccordance with its terms, in the form substantially as follows:\n\nARTICLE I. POLICY AND PURPOSE\n\nThe party states recognize that the proper employment and\n\nconservation of energy and employment of energy-related facilities,\n\nmaterials, and products, within the context of a responsible regard\n\nfor the environment, can assist substantially in the\n\nindustrialization of the South and the development of a balanced\n\neconomy for the region. They also recognize that optimum benefit\n\nfrom and acquisition of energy resources and facilities require\n\nsystematic encouragement, guidance, and assistance from the party\n\nstates on a cooperative basis. It is the policy of the party states\n\nto undertake such cooperation on a continuing basis; it is the\n\npurpose of this Compact to provide the instruments and framework for\n\nsuch a cooperative effort to improve the economy of the South and\n\ncontribute to the individual and community well-being of the\n\nregion's people.\n\nARTICLE II. THE BOARD\n\n(a) There is hereby created an agency of the party states to be\n\nknown as the \"Southern States Energy Board\", hereinafter called the\n\nBoard. The Board shall be composed of three (3) members from each\n\nparty state, one of whom shall be appointed or designated in each\n\nstate to represent the Governor, the State Senate and the State\n\nHouse of Representatives, respectively. Each member shall be\n\ndesignated or appointed in accordance with the law of the state\n\nwhich he represents and serving and subject to removal in accordance\n\nwith such law. Any member of the Board may provide for the\n\ndischarge of his duties and the performance of his functions\n\nthereon, either for the duration of his membership or for any lesser\n\nperiod of time, by a deputy or assistant, if the laws of his state\n\nmake specific provision therefor. The federal government may be\n\nrepresented without vote if provision is made by federal law for\n\nsuch representation.\n\n(b) Each party state shall each be entitled to one vote on the\n\nBoard to be determined by majority vote of each member or member's\n\nrepresentative from the party state present and voting on any\n\nquestion. No action of the Board shall be binding unless taken at a\n\nmeeting at which a majority of all party states are represented and\n\nunless a majority of the total number of votes on the Board are cast\n\nin favor thereof.\n\n(c) The Board shall have a seal.\n\n(d) The Board shall elect annually, from among its members, a\n\nchairman, a vice-chairman, and a treasurer. The Board shall appoint\n\nan Executive Director who shall serve at its pleasure and who shall\n\nalso act as Secretary, and who, together with the treasurer, shall\n\nbe bonded in such amounts as the Board may require.\n\n(e) The Executive Director, with the approval of the Board,\n\nshall appoint and remove or discharge such personnel as may be\n\nnecessary for the performance of the Board's functions irrespective\n\nof the civil service, personnel or other merit system laws of any of\n\nthe party states.\n\n(f) The Board may establish and maintain, independently or in\n\nconjunction with any one or more of the party states, a suitable\n\nretirement system for its full-time employees. Employees of the\n\nBoard shall be eligible for social security coverage in respect of\n\nold age and survivors insurance provided that the Board takes such\n\nsteps as may be necessary pursuant to federal law to participate in\n\nsuch program of insurance as a governmental agency or unit. The\n\nBoard may establish and maintain or participate in such additional\n\nprograms of employee benefits as may be appropriate.\n\nerage in respect of\n\nold age and survivors insurance provided that the Board takes such\n\nsteps as may be necessary pursuant to federal law to participate in\n\nsuch program of insurance as a governmental agency or unit. The\n\nBoard may establish and maintain or participate in such additional\n\nprograms of employee benefits as may be appropriate.\n\n(g) The Board may borrow, accept, or contract for the services\n\nof personnel from any state or the United States or any subdivision\n\nor agency thereof, from any interstate agency, or from any\n\ninstitution, person, firm or corporation.\n\n(h) The Board may accept for any of its purposes and functions\n\nunder this Compact any and all donations, and grants of money,\n\nequipment, supplies, materials, and services, conditional or\n\notherwise, from any state or the United States or any subdivision or\n\nagency thereof, or interstate agency, or from any institution,\n\nperson, firm or corporation, and may receive, utilize and dispose of\n\nthe same.\n\n(i) The Board may establish and maintain such facilities as may\n\nbe necessary for the transacting of its business. The Board may\n\nacquire, hold, and convey real and personal property and any\n\ninterest therein.\n\n(j) The Board shall adopt bylaws, rules and regulations for the\n\nconduct of its business, and shall have the power to amend and\n\nrescind these bylaws, rules, and regulations. The Board shall\n\npublish its bylaws, rules, and regulations in convenient form and\n\nshall file a copy thereof, and shall also file a copy of any\n\namendment thereto, with the appropriate agency or officer in each of\n\nthe party states.\n\n(k) The Board annually shall make, to the governor of each party\n\nstate, a report covering the activities of the Board for the\n\npreceding year, and embodying such recommendations as may have been\n\nadopted by the Board, which report shall be transmitted to the\n\nLegislature of said state. The Board may issue such additional\n\nreports as it may deem desirable.\n\nARTICLE III. FINANCES\n\n(a) The Board shall submit to the executive head or designated\n\nofficer or officers of each party state a budget of its estimated\n\nexpenditures for such period as may be required by the laws of that\n\njurisdiction for presentation to the Legislature thereof.\n\n(b) Each of the Board's budgets of estimated expenditures shall\n\ncontain specific recommendations of the amount or amounts to be\n\nappropriated by each of the party states. One-half (1/2) of the\n\ntotal amount of each budget of estimated expenditures shall be\n\napportioned among the party states in equal shares; one-quarter\n\n(1/4) of each such budget shall be apportioned among the party\n\nstates in accordance with the ratio of their populations to the\n\ntotal population of the entire group of party states based on the\n\nlast Decennial Federal Census; and one-quarter (1/4) of each such\n\nbudget shall be apportioned among the party states on the basis of\n\nthe relative average per capita income of the inhabitants in each of\n\nthe party states based on the latest computations published by the\n\nfederal census-taking agency. Subject to appropriation by their\n\nrespective Legislatures, the Board shall be provided with such funds\n\nby each of the party states as are necessary to provide the means of\n\nestablishing and maintaining facilities, a staff of personnel, and\n\nsuch activities as may be necessary to fulfill the powers and duties\n\nimposed upon and entrusted to the Board.\nappropriation by their\n\nrespective Legislatures, the Board shall be provided with such funds\n\nby each of the party states as are necessary to provide the means of\n\nestablishing and maintaining facilities, a staff of personnel, and\n\nsuch activities as may be necessary to fulfill the powers and duties\n\nimposed upon and entrusted to the Board.\n\n(c) The Board may meet any of its obligations in whole or in\n\npart with funds available to it under Article II (h) of this\n\nCompact, provided that the Board takes specific action setting aside\n\nsuch funds prior to the incurring of any obligation to be met in\n\nwhole or in part in this manner. Except where the Board makes use\n\nof funds available to it under Article II (h) hereof, the Board\n\nshall not incur any obligation prior to the allotment of funds by\n\nthe party jurisdictions adequate to meet the same.\n\n(d) The Board shall keep accurate accounts of all receipts and\n\ndisbursements. The receipts and disbursements of the Board shall be\n\nsubject to the audit and accounting procedures established under its\n\nbylaws. However, all receipts and disbursements of funds handled by\n\nthe Board shall be audited yearly by a qualified public accountant\n\nand the report of the audit shall be included in and become a part\n\nof the annual report of the Board.\n\n(e) The accounts of the Board shall be open at any reasonable\n\ntime for inspection.\n\nARTICLE IV. ADVISORY COMMITTEES\n\nThe Board may establish such advisory and technical committees\n\nas it may deem necessary, membership on which to include but not be\n\nlimited to private citizens, expert and lay personnel,\n\nrepresentatives of industry, labor, commerce, agriculture, civic\n\nassociations, medicine, education, voluntary health agencies, and\n\nofficials of local, state and federal government, and may cooperate\n\nwith and use the services of any such committees and the\n\norganizations which they represent in furthering any of its\n\nactivities under this Compact.\n\nARTICLE V. POWERS\n\nThe Board shall have power to:\n\n(a) Ascertain and analyze on a continuing basis the position of\n\nthe South with respect to energy, energy-related industries and\n\nenvironmental concerns.\n\n(b) Encourage the development, conservation and responsible use\n\nof energy and energy-related facilities, installations, and products\n\nas part of a balanced economy and healthy environment.\n\n(c) Collect, correlate, and disseminate information relating to\n\ncivilian uses of energy and energy-related materials and products.\n\n(d) Conduct, or cooperate in conducting, programs of training\n\nfor state and local personnel engaged in any aspect of:\n\n(1) Energy, environment, and application of energy,\n\nenvironmental, and related concerns to industry, medicine, or\n\neducation or the promotion or regulation thereof.\n\n(2) The formulation or administration of measures designed to\n\npromote safety in any matter related to the development, use or\n\ndisposal of energy and energy-related materials, products,\n\ninstallations, or wastes.\n\n(e) Organize and conduct, or assist and cooperate in organizing\n\nand conducting, demonstrations of energy product, material, or\n\nequipment use and disposal and of proper techniques or processes for\n\nthe application of energy resources to the civilian economy or\n\ngeneral welfare.\n\n(f) Undertake such nonregulatory functions with respect to\n\nsources of radiation as may promote the economic development and\n\ngeneral welfare of the region.\n\n(g) Study industrial, health, safety, and other standards, laws,\n\ncodes, rules, regulations, and administrative practices in or\n\nrelated to energy and environmental fields.\nion of energy resources to the civilian economy or\n\ngeneral welfare.\n\n(f) Undertake such nonregulatory functions with respect to\n\nsources of radiation as may promote the economic development and\n\ngeneral welfare of the region.\n\n(g) Study industrial, health, safety, and other standards, laws,\n\ncodes, rules, regulations, and administrative practices in or\n\nrelated to energy and environmental fields.\n\n(h) Recommend such changes in, or amendments or additions to,\n\nthe laws, codes, rules, regulations, administrative procedures and\n\npractices or ordinances of the party states in any of the fields of\n\nits interest and competence as in its judgment may be appropriate.\n\nAny such recommendation shall be made through the appropriate state\n\nagency with due consideration of the desirability of uniformity but\n\nshall also give appropriate weight to any special circumstance which\n\nmay justify variations to meet local conditions.\n\n(i) Prepare, publish and distribute, with or without charge,\n\nsuch reports, bulletins, newsletters or other material as it deems\n\nappropriate.\n\n(j) Cooperate with the United States Department of Energy or any\n\nagency successor thereto, any other officer or agency of the United\n\nStates, and any other governmental unit or agency or officer\n\nthereof, and with any private persons or agencies in any of the\n\nfields of its interests.\n\n(k) Act as licensee of the United States Government or any party\n\nstate with respect to the conduct of any research activity requiring\n\nsuch license and operate such research facility or undertake any\n\nprogram pursuant thereto.\n\n(l) Ascertain from time to time such methods, practices,\n\ncircumstances, and conditions as may bring about the prevention and\n\ncontrol of energy and environmental incidents in the area comprising\n\nthe party states, to coordinate the environmental and other energy-\n\nrelated incident prevention and control plans and the work relating\n\nthereto of the appropriate agencies of the party states and to\n\nfacilitate the rendering of aid by the party states to each other in\n\ncoping with energy and environmental incidents. The Board may\n\nformulate and, in accordance with need from time to time, revise a\n\nregional plan or regional plans for coping with energy and\n\nenvironmental incidents within the territory of the party states as\n\na whole or within any subregion or subregions of the geographic area\n\ncovered by this Compact.\n\nARTICLE VI. SUPPLEMENTARY AGREEMENTS\n\n(a) To the extent that the Board has not undertaken an activity\n\nor project which would be within its power under the provisions of\n\nArticle V of this Compact, any two or more of the party states,\n\nacting by their duly constituted administrative officials, may enter\n\ninto supplementary agreements for the undertaking and continuance of\n\nsuch an activity or project. Any such agreement shall specify its\n\npurpose or purposes; its duration and the procedure for termination\n\nthereof or withdrawal therefrom; the method of financing and\n\nallocating the costs of the activity or project; and such other\n\nmatters as may be necessary or appropriate. No such supplementary\n\nagreement entered into pursuant to this article shall become\n\neffective prior to its submission to and approval by the Board. The\n\nBoard shall give such approval unless it finds that the\n\nsupplementary agreement or the activity or project contemplated\n\nthereby is inconsistent with the provisions of this Compact or a\n\nprogram or activity conducted by or participated in by the Board.\n\n(b) Unless all of the party states participate in a\n\nsupplementary agreement, any cost or costs thereof shall be borne\n\nseparately by the states party thereto. However, the Board may\n\nadminister or otherwise assist in the operation of any supplementary\n\nagreement.\nd\n\nthereby is inconsistent with the provisions of this Compact or a\n\nprogram or activity conducted by or participated in by the Board.\n\n(b) Unless all of the party states participate in a\n\nsupplementary agreement, any cost or costs thereof shall be borne\n\nseparately by the states party thereto. However, the Board may\n\nadminister or otherwise assist in the operation of any supplementary\n\nagreement.\n\n(c) No party to a supplementary agreement entered into pursuant\n\nto this article shall be relieved thereby of any obligation or duty\n\nassumed by said party state under or pursuant to this Compact,\n\nexcept that timely and proper performance of such obligation or duty\n\nby means of the supplementary agreement may be offered as\n\nperformance pursuant to the Compact.\n\nARTICLE VII. OTHER LAWS AND RELATIONSHIPS\n\nNothing in this Compact shall be construed to:\n\n(a) Permit or require any person or other entity to avoid or\n\nrefuse compliance with any law, rule, regulation, order or ordinance\n\nof a party state or subdivision thereof now or hereafter made,\n\nenacted or in force.\n\n(b) Limit, diminish, or otherwise impair jurisdiction exercised\n\nby the United States Department of Energy, any agency successor\n\nthereto, or any other federal department, agency or officer pursuant\n\nto and in conformity with any valid and operative act of Congress.\n\n(c) Alter the relations between the respective internal\n\nresponsibilities of the government of a party state and its\n\nsubdivisions.\n\n(d) Permit or authorize the Board to exercise any regulatory\n\nauthority or to own or operate any nuclear reactor for the\n\ngeneration of electric energy; nor shall the Board own or operate\n\nany facility or installation for industrial or commercial purposes.\n\nARTICLE VIII. ELIGIBLE PARTIES, ENTRY\n\nINTO FORCE AND WITHDRAWAL\n\n(a) Any or all of the states of Alabama, Arkansas, Delaware,\n\nFlorida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,\n\nMissouri, North Carolina, Oklahoma, South Carolina, Tennessee,\n\nTexas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and\n\nthe United States Virgin Islands shall be eligible to become party\n\nto this Compact.\n\n(b) As to any eligible party state, this Compact shall become\n\neffective when its Legislature shall have enacted the same into law;\n\nprovided that it shall not become initially effective until enacted\n\ninto law by seven states.\n\n(c) Any party state may withdraw from this Compact by enacting a\n\nstatute repealing the same, but no such withdrawal shall become\n\neffective until the Governor of the withdrawing state shall have\n\nsent formal notice in writing to the Governor of each other party\n\nstate informing said Governors of the action of the Legislature in\n\nrepealing the Compact and declaring an intention to withdraw.\n\nARTICLE IX. SEVERABILITY AND CONSTRUCTION\n\nThe provisions of this Compact and of any supplementary\n\nagreement entered into hereunder shall be severable and if any\n\nphrase, clause, sentence or provision of this Compact or such\n\nsupplementary agreement is declared to be contrary to the\n\nconstitution of any participating state or of the United States or\n\nthe applicability thereof to any government, agency, person, or\n\ncircumstance is held invalid, the validity of the remainder of this\n\nCompact or such supplementary agreement and the applicability\n\nthereof to any government, agency, person or circumstance shall not\n\nbe affected thereby. If this Compact or any supplementary agreement\n\nentered into hereunder shall be held contrary to the constitution of\n\nany state participating therein, the Compact or such supplementary\n\nagreement shall remain in full force and effect as to the remaining\n\nstates and in full force and effect as to the state affected as to\n\nall severable matters. The provisions of this Compact and of any\n\nsupplementary agreement entered into pursuant hereto shall be\n\nliberally construed to effectuate the purpose thereof.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3a7f194b3bc86a1109dfd1e379c94a6b4e44d0f25cdbcaa26101243ccf136854","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-105","next":"us-ok/okla.-stat.-tit.-74-74-1052"},"notice":"GroundRules: Original legal text. Not legal advice."}