Nevada § 459.001 - Enactment; text

§ 459.001. Enactment; text

The Western Interstate Nuclear Compact, denominated in NRS 459.001 to 459.005 , inclusive, as the “compact,” is hereby enacted into law and entered into with all

jurisdictions legally joining therein, in the form substantially as follows: 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 the member represents and serving and

subject to removal in accordance with such law. Any member of the Board may provide for the discharge of the member’s duties and the

performance of the member’s functions thereon (either for the duration of his or her

membership or for any lesser period of time) by a deputy or assistant, if the laws

of the member’s 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 chair, a vice chair,

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) 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 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, by-products, 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,

by-products, 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 of 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, by-products, 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 therein,

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 request: 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-- (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.