SECTIONS 67400-67401 - California Statutes

GOVERNMENT CODE

SECTION 67400-67401

67400. The Legislature of California hereby ratifies and approves
the "Western Interstate Nuclear Compact" as set forth below.

67401. The provisions of this interstate compact are as follows:

WESTERN INTERSTATE NUCLEAR COMPACT
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), the board shall not incur any
obligation prior to the allotment of funds by the party jurisdictions
which are adequate to meet any such obligation.
(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,
byproducts, 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, byproducts,
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
nonnuclear 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 subcontractor 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 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 have the following
effect:
(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.