152.210 Southern Interstate Nuclear Compact -- Kentucky as party -- Substance. - Kentucky Statutes

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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 cooperative
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 specific 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 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 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 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.
(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 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 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.
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 populations 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 inhabitants 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 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 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 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) 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 of 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 variations 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 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 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 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. 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 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
the 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. 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 the 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 any 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 withdraw 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 governors 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 effect 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. History: Created 1960 Ky. Acts ch. 113, sec. 2. 152.210 Southern States Energy Compact (NOT YET EFFECTIVE; SEE NOTE FOLLOWING TEXT). The Southern States Energy 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 and conservation of energy and employment of energy-related facilities, materials, and products, within the context of
a responsible regard for the environment, 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 energy resources and facilities
require 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 cooperative 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 States Energy Board" (hereinafter called the board). The board shall be
composed of three (3) members from each party state, one (1) of whom shall be appointed
or designated in each state to represent the governor, the state senate, and the state house
of representatives, respectively. Each member shall be 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. Members from the Commonwealth of Kentucky
shall be appointed pursuant to KRS 152.212. 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 provision therefor. The federal government may be
represented without vote if provision is made by federal law for such representation.
(b) Each party state shall be entitled to one vote on the board, to be determined by majority vote of each member or member's representative from the party state present and
voting on any question. No action of the board shall be binding unless taken at a meeting
at which a majority of all party states are represented 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 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.
(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 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 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.
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 populations 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 inhabitants 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 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) 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 qualified public accountant and
the report of the audit shall be included in and become part of the annual report of the
board.
(e) 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 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) Ascertain and analyze on a continuing basis the position of the south with respect to energy and energy-related industries, and environmental concerns.
(b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and
healthy environment.
(c) Collect, correlate and disseminate information relating to civilian uses of energy, and energy-related materials and products.
(d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of:
(1) Energy, environment, and application of energy, environmental, and related concerns to 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 energy, and energy-related
materials, products, installations, or wastes.
(e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or
general welfare.
(f) Undertake such nonregulatory functions with respect to 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 energy and environmental 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 variations 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 United States Department of Energy or any agency 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 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 control of energy and environmental
incidents in the area comprising the party states, to coordinate the nuclear, environmental
and other energy-related 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 energy and environmental incidents. The
board may formulate and, in accordance with need from time to time, revise a regional
plan or regional plans for coping with energy and environmental 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. 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 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 the 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. 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 United States Department of Energy, 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 the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina,
Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the
United States Virgin Islands shall be eligible to become party to this compact.
(b) As to any 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 withdraw 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 governors 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 effect 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. History: Amended 1982 Ky. Acts ch. 76, sec. 2 -- Created 1960 Ky. Acts ch. 113, sec. 2. NOTE: This version of KRS 152.210 "shall become effective at such time as all party states to the Southern Interstate Nuclear Compact approve changes in the compact
which are substantially the same as those of this Act, and the Congress of the United
States consents to the compact, substantially as amended in this Act." 1982 Ky. Acts,
ch. 76, sec. 4.