2.2-5600 - Form of compact. - Virginia Statutes

§ 2.2-5600. Form of compact.

The General Assembly hereby enacts, and the Commonwealth of Virginia herebyenters into, the Southern States Energy Compact with any and all stateslegally joining therein according to its terms, in the form substantially asfollows:

Article I. Policy and Purpose.

The party states recognize that the proper employment and conservation ofenergy and employment of energy-related facilities, materials, and products,within the context of a responsible regard for the environment can assistsubstantially in the industrialization of the South and the development of abalanced economy for the region. They also recognize that optimum benefitfrom the acquisition of energy resources and facilities require systematicencouragement, guidance, and assistance from the party states on acooperative basis. It is the policy of the party states to undertake suchcooperation on a continuing basis; it is the purpose of this compact toprovide the instruments and framework for such a cooperative effort toimprove the economy of the South and contribute to the individual andcommunity well-being of the region's people.

Article II. The Board.

A. There is created an agency of the party states to be known as the"Southern States Energy Board" (hereinafter called the Board). The Boardshall be composed of three members from each party state, one of whom shallbe appointed or designated in each state to represent the Governor, the StateSenate and the State House of Representatives, respectively. Each membershall be designated or appointed in accordance with the law of the statewhich he represents and serving and subject to removal in accordance withsuch law. Any member of the Board may provide for the discharge of his dutiesand the performance of his functions thereon (either for the duration of hismembership or for any lesser period of time) by a deputy or assistant, if thelaws of his state make specific provisions therefor. The federal governmentmay be represented without vote if provision is made by federal law for suchrepresentation.

B. Each party state shall be entitled to one vote on the Board, to bedetermined by majority vote of each member or member's representative fromthe party state present and voting on any question. No action of the Boardshall be binding unless taken at a meeting at which a majority of all partystates are represented and unless a majority of the total number of votes onthe 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, avice-chairman, and a treasurer. The Board shall appoint an Executive Directorwho 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 mayrequire.

E. The Executive Director, with the approval of the Board, shall appoint andremove or discharge such personnel as may be necessary for the performance ofthe Board's functions irrespective of the civil service, personnel or othermerit system laws of any of the party states.

F. The Board may establish and maintain, independently or in conjunction withany one or more of the party states, a suitable retirement system for itsfull-time employees. Employees of the Board shall be eligible for socialsecurity coverage in respect of old age and survivors insurance provided thatthe Board takes such steps as may be necessary pursuant to federal law toparticipate in such program of insurance as a governmental agency or unit.The Board may establish and maintain or participate in such additionalprograms of employee benefits as may be appropriate.

G. The Board may borrow, accept, or contract for the services of personnelfrom any state or the United States or any subdivision or agency thereof,from any interstate agency, or from any institution, person, firm orcorporation.

H. The Board may accept for any of its purposes and functions under thiscompact any and all donations, and grants of money, equipment, supplies,materials, and services (conditional or otherwise) from any state or theUnited States or any subdivision or agency thereof, or interstate agency, orfrom any institution, person, firm, or corporation, and may receive, utilizeand dispose of the same.

I. The Board may establish and maintain such facilities as may be necessaryfor the transacting of its business. The Board may acquire, hold, and conveyreal and personal property and any interest therein.

J. The Board shall adopt bylaws, rules, and regulations for the conduct ofits business, and shall have the power to amend and rescind these bylaws,rules, and regulations. The Board shall publish its bylaws, rules andregulations in convenient form and shall file a copy thereof, and shall alsofile a copy of any amendment thereto, with the appropriate agency or officerin each of the party states.

K. The Board annually shall make to the governor of each party state, areport covering the activities of the Board for the preceding year, andembodying such recommendations as may have been adopted by the Board, whichreport shall be transmitted to the legislature of said state. The Board mayissue such additional reports as it may deem desirable.

Article III. Finances.

A. The Board shall submit to the executive head or designated officer orofficers of each party state a budget of its estimated expenditures for suchperiod as may be required by the laws of that jurisdiction for presentationto the legislature thereof.

B. Each of the Board's budgets of estimated expenditures shall containspecific recommendations of the amount or amounts to be appropriated by eachof the party states. One-half of the total amount of each budget of estimatedexpenditures shall be apportioned among the party states in equal shares; onequarter of each such budget shall be apportioned among the party states inaccordance with the ratio of their populations to the total population of theentire group of party states based on the last decennial federal census; andone quarter of each such budget shall be apportioned among the party stateson the basis of the relative average per capita income of the inhabitants ineach of the party states based on the latest computations published by thefederal census-taking agency. Subject to appropriation by their respectivelegislatures, the Board shall be provided with such funds by each of theparty states as are necessary to provide the means of establishing andmaintaining facilities, a staff of personnel, and such activities as may benecessary to fulfill the powers and duties imposed upon and entrusted to theBoard.

C. The Board may meet any of its obligations in whole or in part with fundsavailable to it under Article II (h) of this compact, provided that the Boardtakes specific action setting aside such funds prior to the incurring of anyobligation to be met in whole or in part in this manner. Except where theBoard makes use of funds available to it under Article II H, the Board shallnot incur any obligation prior to the allotment of funds by the partyjurisdictions 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 andaccounting procedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Board shall be audited yearly by aqualified public accountant and the report of the audit shall be included inand become part of the annual report of the Board.

E. The accounts of the Board shall be open at any reasonable time forinspection.

Article IV. Advisory Committees.

The Board may establish such advisory and technical committees as it may deemnecessary, membership on which to include but not be limited to privatecitizens, expert and lay personnel, representatives of industry, labor,commerce, agriculture, civic associations, medicine, education, voluntaryhealth agencies, and officials of local, state and federal government, andmay cooperate with and use the services of any such committees and theorganizations which they represent in furthering any of its activities underthis compact.

Article V. Powers.

The Board shall have power to:

A. Ascertain and analyze on a continuing basis the position of the South withrespect to energy, energy-related industries and environmental concerns.

B. Encourage the development, conservation, and responsible use of energy andenergy-related facilities, installation, and products as part of a balancedeconomy and healthy environment.

C. Collect, correlate, and disseminate information relating to civilian usesof energy and energy-related materials and products.

D. Conduct, or cooperate in conducting, programs of training for state andlocal personnel engaged in any aspect of

1. Energy, environment, and application of energy, environmental, and relatedconcerns to industry, medicine, or education or the promotion or regulationthereof.

2. The formulation or administration of measures designed to promote safetyin any matter related to the development, use or disposal of energy andenergy-related materials, products, installations, or wastes.

E. Organize and conduct, or assist and cooperate in organizing andconducting, demonstrations of energy product, material, or equipment use anddisposal and of proper techniques or processes for the application of energyresources to the civilian economy or general welfare.

F. Undertake such nonregulatory functions with respect to sources ofradiation as may promote the economic development and general welfare of theregion.

G. Study industrial, health, safety, and other standards, laws, codes, rules,regulations, and administrative practices in or related to energy andenvironmental fields.

H. Recommend such changes in, or amendments or additions to the laws, codes,rules, regulations, administrative procedures and practices or ordinances ofthe party states in any of the fields of its interest and competence as inits judgment may be appropriate. Any such recommendation shall be madethrough the appropriate state agency with due consideration of thedesirability of uniformity but shall also give appropriate weight to anyspecial circumstance 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 agencysuccessor thereto, any other officer or agency of the United States, and anyother governmental unit or agency or officer thereof, and with any privatepersons or agencies in any of the fields of its interests.

K. Act as licensee of the United States government or any party state withrespect to the conduct of any research activity requiring such license andoperate such research facility or undertake any program pursuant thereto.

L. Ascertain from time to time such methods, practices, circumstances, andconditions as may bring about the prevention and control of energy andenvironmental incidents in the area comprising the party states, tocoordinate the nuclear, environmental and other energy-related incidentprevention and control plans and the work relating thereto of the appropriateagencies of the party states and to facilitate the rendering of aid by theparty 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 andenvironmental incidents within the territory of the party states as a wholeor within any subregion or subregions of the geographic area covered by thiscompact.

Article VI. Supplementary Agreements.

A. To the extent that the Board has not undertaken any activity or projectwhich would be within its power under the provisions of Article V of thiscompact, any two or more of the party states (acting by their dulyconstituted administrative officials) may enter into supplementary agreementsfor the undertaking and continuance of such an activity or project. Any suchagreement shall specify its purpose or purposes; its duration and theprocedure for termination thereof or withdrawal therefrom; the method offinancing and allocating the costs of the activity or project; and such othermatters as may be necessary or appropriate. No such supplementary agreemententered into pursuant to this article shall become effective prior to itssubmission to and approval by the Board. The Board shall give such approvalunless it finds that the supplementary agreement or the activity or projectcontemplated thereby is inconsistent with the provisions of this compact or aprogram 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 partythereto. However, the Board may administer or otherwise assist in theoperation of any supplementary agreement.

C. No party to a supplementary agreement entered into pursuant to thisarticle shall be relieved thereby of any obligation or duty assumed by saidparty state under or pursuant to this compact, except that timely and properperformance of such obligation or duty by means of the supplementaryagreement 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 compliancewith any law, rule, regulation, order or ordinance of a party state orsubdivision thereof now or hereafter made, enacted or in force.

B. Limit, diminish, or otherwise impair jurisdiction exercised by the UnitedStates Department of Energy, any agency successor thereto, or any otherfederal department, agency or officer pursuant to and in conformity with anyvalid and operative act of Congress.

C. Alter the relations between and respective internal responsibilities ofthe government of a party state and its subdivisions.

D. Permit or authorize the Board to exercise any regulatory authority or toown or operate any nuclear reactor for the generation of electric energy; norshall the Board own or operate any facility or installation for industrial orcommercial purposes.

Article VIII. Eligible Parties, Entry Into Force or Withdrawal.

A. Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia,Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina,Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, theCommonwealth of Puerto Rico, and the United States Virgin Islands shall beeligible to become party to this compact.

B. As to any eligible party state, this compact shall become effective whenits legislature shall have enacted the same into law; provided that it shallnot become initially effective until enacted into law by seven states.

C. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall become effective until thegovernor of the withdrawing state shall have sent formal notice in writing tothe governor of each other party state informing said governors of the actionof the legislature in repealing the compact and declaring an intention towithdraw.

Article IX. Severability and Construction.

The provisions of this compact and of any supplementary agreement enteredinto hereunder shall be severable and if any phrase, clause, sentence orprovision of this compact or such supplementary agreement is declared to becontrary to the constitution of any participating state or of the UnitedStates or the applicability thereof to any government, agency, person, orcircumstance is held invalid, the validity of the remainder of this compactor such supplementary agreement and the applicability thereof to anygovernment, agency, person or circumstance shall not be affected thereby. Ifthis compact or any supplementary agreement entered into hereunder shall beheld contrary to the constitution of any state participating therein, thecompact or such supplementary agreement shall remain in full force and effectas to the remaining states and in full force and effect as to the stateaffected as to all severable matters. The provisions of this compact and ofany supplementary agreement entered into pursuant hereto shall be liberallyconstrued to effectuate the purposes thereof.

(1962, c. 364, § 2-306; 1966, c. 677, § 2.1-336; 1979, c. 295; 2001, c. 844.)