Bill Text: NY S09120 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to adopting the Appalachian states radioactive waste compact; assures interstate cooperation for the proper management and disposal of low-level radioactive wastes to reduce the volume of low-level radioactive waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-29 - REFERRED TO ENVIRONMENTAL CONSERVATION [S09120 Detail]
Download: New_York-2023-S09120-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9120 IN SENATE April 29, 2024 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to adopting the Appalachian states radioactive waste compact The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 21 of the environmental conservation law is amended 2 by adding a new title 2 to read as follows: 3 TITLE 2 4 APPALACHIAN STATES RADIOACTIVE WASTE COMPACT 5 Section 21-0201. Appalachian states radioactive waste compact. 6 § 21-0201. Appalachian states radioactive waste compact. 1. The appa- 7 lachian states radioactive waste compact is hereby entered into and 8 enacted into law with all jurisdictions legally joining therein, in the 9 form substantially as follows: 10 Article 1 11 Definitions 12 As used in this compact, unless the context clearly indicated other- 13 wise: 14 (a) "Broker" means any intermediate person who handles, treats, proc- 15 esses, stores, packages, ships or otherwise has responsibility for or 16 possesses low-level waste obtained from a generator. 17 (b) "Carrier" means a person who transports low-level waste to a 18 regional facility. 19 (c) "Commission" means the Appalachian States Low-Level Radioactive 20 Waste Commission. 21 (d) "Disposal" means the isolation of low-level waste from the 22 biosphere. 23 (e) "Facility" means any real or personal property within the region, 24 and improvements thereof or thereon, and any and all plant structures, 25 machinery and equipment acquired, constructed, operated or maintained 26 for the management or disposal of low-level waste. 27 (f) "Generate" means to produce low-level waste requiring disposal. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13933-02-4S. 9120 2 1 (g) "Generator" means a person whose activity results in the 2 production of low-level waste requiring disposal. 3 (h) "Hazardous Life" means the time required for radioactive materials 4 to decay to safe levels, as defined by the time period for the concen- 5 tration of radioactive materials within a given container or package to 6 decay to maximum permissible concentrations as defined by Federal law or 7 by standards to be set by a host state, whichever is more restrictive. 8 (i) "Host state" means Pennsylvania or other party state so designated 9 by the Commission in accordance with Article 3 of this compact. 10 (j) "Institutional control period" means the time of the continued 11 observation, monitoring and care of the regional facility following 12 transfer of control from the operator to the custodial agency. 13 (k) "Low-level waste" means radioactive waste that: 14 (1) is neither high-level waste or transuranic waste, nor spent nucle- 15 ar fuel, nor by-product material as defined in Section 1 1(e)(2) of the 16 Atomic Energy Act of 1954 as amended; and 17 (2) is classified by the Federal Government as low-level waste, 18 consistent with existing law; but does not include waste generated as a 19 result of atomic energy defense activities of the Federal Government, as 20 defined in Public Law 96-573, or Federal research and development activ- 21 ities. 22 (l) "Management" means the reduction, collection, consolidation, stor- 23 age, packaging or treatment of low-level waste. 24 (m) "Operator" means a person who operates a regional facility. 25 (n) "Party state" means any state that has become a party in accord- 26 ance with Article 5 of this compact. 27 (o) "Person" means an individual, corporation, partnership or other 28 legal entity, whether public or private. 29 (p) "Region" means the combined geographical area within the bounda- 30 ries of the party states. 31 (q) "Regional facility" means a facility within any party state which 32 has been approved by the commission for the disposal of low-level waste. 33 (r) "Shallow land burial" means the disposal of low-level radioactive 34 waste directly in subsurface trenches without additional confinement in 35 engineered structures or by proper packaging in containers as determined 36 by the law of the host state. 37 (s) "Transuranic waste" means low-level waste containing radionuclides 38 with an atomic number greater than 92 which are excluded from shallow- 39 land burial by the Federal Government. 40 Article 2 41 The Commission 42 (A) Creation and Organization 43 (1) Creation--There is hereby created the Appalachian States Low-Level 44 Radioactive Waste Commission. The Commission is hereby created as a body 45 corporate and politic, with succession for the duration of this compact, 46 as an agency and instrumentality of the governments of the respective 47 signatory parties, but separate and distinct from the respective signa- 48 tory party states. The Commission shall have central offices located in 49 Pennsylvania. 50 (2) Commission Membership--The Commission shall consist of two voting 51 members from each party state to be appointed according to the laws of 52 each party state and two additional voting members from each host state 53 to be appointed according to the laws of each host state. Upon selection 54 of the site of the regional facility, an additional voting member shall 55 be appointed to the Commission who shall be a resident of the county or 56 municipality where the facility is to be located. The appointing author-S. 9120 3 1 ity of each party state shall notify the Commission in writing of the 2 identities of the members and of any alternates. An alternate may vote 3 and act in the member's absence. No member shall have a financial inter- 4 est in any industry which generates low-level radioactive waste, any 5 low-level radioactive waste regional facility or any related industry 6 for the duration of the member's term. No more than one-half the members 7 and alternates from any party state shall have been employed by or be 8 employed by a low-level waste generator or related industry upon 9 appointment to or during their tenure of office; provided, that no 10 member shall have been employed by or be employed by a regional facility 11 operator. No member or alternate from any party state shall accept 12 employment from any regional facility operator or brokers for at least 13 three years after leaving office. 14 (3) Compensation--Members of the Commission and alternates shall serve 15 without compensation from the Commission but may be reimbursed for 16 necessary expenses incurred in and incident to the performance of their 17 duties. 18 (4) Voting Power-Each Commission member is entitled to one vote. 19 Unless otherwise provided in this compact, affirmative votes by a major- 20 ity of a host state's members are necessary for the Commission to take 21 any action related to the regional facility and the disposal and manage- 22 ment of low-level waste within that host state. 23 (5) Organization and Procedure-- 24 (a) The Commission shall provide for its own organization and proce- 25 dures and shall adopt by-laws not inconsistent with this compact and any 26 rules and regulations necessary to implement this compact. It shall meet 27 at least once a year in the county selected to host a regional facility 28 and shall elect a chairman and vice chairman from among its members. In 29 the absence of the chairman, the vice chairman shall serve. 30 (b) All meetings of the Commission shall be open to the public with at 31 least 14 days' advance notice, except that the chairman may convene an 32 emergency meeting with less advance notice. Each municipality and county 33 selected to host a regional facility shall be specifically notified in 34 advance of all Commission meetings. All meetings of the Commission shall 35 be conducted in a manner that substantially conforms to the Administra- 36 tive Procedure Act (5 U.S.C. Ch.5, Subch.1I, and Ch.'7). The Commission 37 may, by a two-thirds vote, including approval of a majority of each host 38 state's Commission members, hold an Executive Session closed to the 39 public for the purpose of: considering or discussing legally privileged 40 or proprietary information; to consider dismissal, disciplining of or 41 hearing complaints or charges brought against an employee or other 42 public agent unless such person requests such public hearing; or to 43 consult with its attorney regarding information or strategy in 44 connection with specific litigation. The reason for the Executive 45 Session must he announced at least 14 days prior to the Executive 46 Session, except that the chairman may convene an emergency meeting with 47 less advance notice, in which case the reason for the Executive Session 48 must be announced at the open meeting immediately-subsequent to the 49 Executive Session. All action taken in violation of this open meeting 50 provision shall be null and void. 51 (c) Detailed written minutes shall be kept of all meetings of the 52 Commission. All decisions, files, records and data of the Commission, 53 except for information privileged against introduction in judicial 54 proceedings, personnel records and minutes of a properly convened Execu- 55 tive Session, shall be open to public inspection subject to a procedure 56 that substantially conforms to the Freedom of Information Act (PublicS. 9120 4 1 Law 89-554, 5 U.S.C. § 552) and applicable Pennsylvania law and may be 2 copied upon request and payment of fees which shall be no higher than 3 necessary to recover copying costs. 4 (d) The Commission shall select an appropriate staff, including an 5 Executive Director, to carry out the duties and functions assigned by 6 the Commission. Notwithstanding any other provision of law, the Commis- 7 sion may hire and/or retain its own legal counsel. 8 (e) Any person aggrieved by a final decision of the Commission which 9 adversely affects the legal rights, duties or privileges of such person 10 may petition a court of competent jurisdiction, within 60 days after the 11 Commission's final decision, to obtain judicial review of said final 12 decisions. 13 (f) Liabilities of the Commission shall not be deemed liabilities of 14 the party states. Members of the Commission shall not be personally 15 liable for actions taken in their official capacity. 16 B. Powers and Duties 17 The Commission: 18 (a) Shall conduct research and establish regulations to promote a 19 reasonable reduction of volume and curie content of low-level wastes 20 generated in the region. The regulations shall be reviewed and, if 21 necessary, revised by the Commission at least annually. 22 (b) Shall ensure, to the extent authorized by Federal law, that low- 23 level wastes are safely disposed of within the region except that the 24 Commission shall have no power or authority to license, regulate or 25 otherwise develop a regional facility, such powers and authority being 26 reserved for the host state(s) as permitted under the law. 27 (c) Shall designate as "host states" any party state which generates 28 25 percent or more of Pennsylvania's volume or total curie content of 29 low-level waste generated based on a comparison of averages over three 30 successive years, as determined by the Commission. This determination 31 shall be based on volume or total curie content, whichever is greater. 32 (d) Shall ensure, to the extent authorized by Federal law, that low- 33 level waste packages brought into the regional facility for disposal 34 conform to applicable state and Federal regulations. Low-level waste 35 brokers or generators who violate these regulations will be subject to a 36 fine or other penalty imposed by the Commission, including restricted 37 access to a regional facility. The Commission may impose such fines 38 and/or penalties in addition to any other penalty levied by the party 39 states pursuant to Article 4(D). 40 (e) Shall establish such advisory committees as it deems necessary for 41 the purpose of advising the Commission on matters pertaining to the 42 management and disposal of low-level waste. 43 (f) May contract to accomplish its duties and effectuate its powers 44 subject to projected available resources. No contract made by the 45 Commission shall bind a party state. 46 (g) Shall prepare contingency plans for management and disposal of 47 low-level waste in the event any regional facility should be closed or 48 otherwise unavailable. 49 (h) Shall examine all records of operators of regional facilities 50 pertaining to operating costs, profits or the assessment or collection 51 of any charge, fee or surcharge and may make recommendations to the host 52 state(s) which shall review the recommendations in accordance with its 53 (their) own sovereign laws. 54 (i) Shall have the power to sue and be sued subject to Article 55 2(A)(5)(e) and may seek to intervene in any administrative or judicial 56 proceeding.S. 9120 5 1 (j) Shall assemble and make available, to the party states and to the 2 public, information concerning low-level waste management and disposal 3 needs, technologies and problems. 4 (k) Shall keep current and annual inventories of all generators by 5 name and quantity of low-level waste generated within the region, based 6 upon information provided by the party states. Inventory information 7 shall include both volume in cubic feet and total curie content of the 8 low-level waste and all available information on chemical composition 9 and toxicity of such wastes. 10 (l) Shall keep an inventory of all regional facilities and specialized 11 facilities, including, but not necessarily restricted to, information on 12 their size, capacity and location, as well as specific wastes capable of 13 being managed, and the projected useful life of each regional facility. 14 (m) Shall make and publish an annual report to the governors of the 15 signatory party states and to the public detailing its programs, oper- 16 ations and finances, including copies of the annual budget and the inde- 17 pendent audit required by this compact. 18 (n) Notwithstanding any other provision of this compact to the contra- 19 ry, may, with the unanimous approval of the Commission members of the 20 host state(s), enter into temporary agreements with non-party states or 21 other regional boards for the emergency disposal of low-level waste at 22 the regional facility, if so authorized by law(s) of the host state(s), 23 or other disposal facilities located in states that are not parties to 24 this agreement. 25 (o) Shall promulgate regulations, pursuant to host state law, to 26 specifically govern and define exactly what would constitute an emergen- 27 cy situation and exactly what restrictions and limitations would be 28 placed on temporary agreements. 29 (p) Shall not accept any donations, grants, equipment, supplies, mate- 30 rials or services, conditional or otherwise, from any source, except 31 from any Federal agency and from party states which are certified as 32 being legal and proper under the laws of the donating party state. 33 (C) Budget and Operation 34 (1) Fiscal Year - The Commission shall establish a fiscal year which 35 conforms to the fiscal year of the Commonwealth of Pennsylvania. 36 (2) Current Expense Budget - Upon legislative enactment of this 37 compact by two party states and each year until the regional facility 38 becomes available, the Commission shall adopt a current expense budget 39 for its fiscal year. The budget shall include the Commission's estimated 40 expenses for administration. Such expenses shall be allocated to the 41 party states according to the following formula: 42 Each designated initial host state will be allocated costs equal to 43 twice the costs of the other party states, but such costs will not 44 exceed $200,000. 45 Each remaining party state will be allocated a cost of one half the 46 cost of the initial host state, but such costs will not exceed $100,000. 47 The party states will include the amounts allocated above in their 48 respective budgets, subject to such review and approval as may be 49 required by their respective budgetary processes. Such amounts shall be 50 due and payable to the Commission in quarterly installments during the 51 fiscal year. 52 (3) Annual Budget Request - For continued funding of its activities 53 the Commission shall submit an annual budget request to each party state 54 for funding, based upon the percentage of the region's waste generated 55 in each state in the region, as reported in the latest available annual 56 inventory required under Article 2(B)(k). The percentage of waste shallS. 9120 6 1 be based on volume of waste or total curie content as determined by the 2 Commission. 3 (4) Annual Report to Include Budget - The Commission shall prepare and 4 include in the annual report a budget showing anticipated receipts and 5 disbursements for the ensuing year. 6 (5) Annual Independent Audit-- 7 (a) As soon as practicable after the closing of the fiscal year, an 8 audit shall be made of the financial accounts of the Commission. The 9 audit shall be made by qualified certified public accountants selected 10 by the Commission, who have no personal direct or indirect interest in 11 the financial affairs of the Commission or any of its officers or 12 employees. The report of audit shall be prepared in accordance with 13 accepted accounting practices and shall be filed with the chairman and 14 such other officers as the Commission shall direct. Copies of the report 15 shall be distributed to each Commission member and shall be made avail- 16 able for public distribution. 17 (b) Each signatory party, by its duly authorized officers, shall be 18 entitled to examine and audit at any time all of the books, documents, 19 records, files and accounts and all other papers, things or property of 20 the Commission. The representatives of the signatory parties shall have 21 access to all books, documents, records, accounts, reports, files and 22 all other papers, things or property belonging to or in use by the 23 Commission and necessary to facilitate the audit; and they shall be 24 afforded full facilities for verifying transactions with the balances or 25 securities held by depositaries, fiscal agents and custodians. 26 Article 3 27 Rights, Responsibilities and Obligations of Party States 28 (A) Regional Facilities 29 There shall be regional facilities sufficient to dispose of the low- 30 level waste generated within the region. Each regional facility shall be 31 capable of disposing of such low-level waste but in the form(s) required 32 by regulations or license conditions. Specialized facilities for partic- 33 ular types of low-level waste management, reduction or treatment may not 34 be developed in any party state unless they are in accordance with the 35 laws and regulations of such state and applicable Federal laws and regu- 36 lations. 37 (B) Equal Access to Regional Facilities 38 Each party state shall have equal access as other party states to 39 regional facilities located within the region and accepting low-level 40 waste, provided, however, that the host state may close the regional 41 facility located within its borders when necessary for public health and 42 safety. However, a host state shall send notification to the Commission 43 in writing within three (3) days of its action and shall, within thirty 44 (30) working days, provide in writing the reasons for the closing. 45 (C) Initial Host State 46 Pennsylvania and party states which generated 25 percent or more of the 47 volume or curies of low-level waste generated by Pennsylvania, based on 48 a comparison of averages over the three years 1982 through 1984, are 49 designated as "initial host states" and are required to develop and host 50 low-level waste sites as regional facilities. The percentage of waste 51 from each state shall be determined by cubic foot volume or total curie 52 content, whichever is greater. 53 (D) Exemption From Being Initial Host Site 54 Party states which generated less than 25 percent of the volume or 55 curies of low-level waste generated by Pennsylvania, based on a compar- 56 ison of averages over the years 1982 through 1984, shall be exempt fromS. 9120 7 1 initial host state responsibilities. These states shall continue to be 2 exempt as long as they generate less than the 25 percent threshold over 3 successive 3-year periods. Once a state generates an average of 25 4 percent or more of the volume or curies generated by Pennsylvania over a 5 successive 3-year period, it shall be designated as a "host state" for a 6 30-year period by the Commission and shall immediately initiate develop- 7 ment, of a regional facility to be operational within five years. Such 8 host state shall be prepared to accept at its regional facility low-lev- 9 el waste at least equal to that generated in the state. With Commission 10 approval, any party state may volunteer to host a regional facility. The 11 percentage of waste from each state shall be determined by either a 12 cubic foot volume or total curie content, whichever is greater. 13 (E) Useful Life of Regional Facilities 14 Pennsylvania and other host states are obligated to develop regional 15 facilities for the duration of this compact. All regional facilities 16 shall be designed for at least a 30-year useful life. At the end of the 17 facility's life, normal closure and maintenance procedures shall be 18 initiated in accordance with the applicable requirements of the host 19 state and the Federal Government. Each host state's obligation for oper- 20 ating regional facilities shall remain as long as the state continues to 21 produce over a 3-year period 25 percent or more of the volume or curies 22 of low-level waste generated by Pennsylvania. 23 (F) Duties of Host State 24 Each host state shall: 25 (a) Cause a regional facility to be sited and developed on a timely 26 basis 27 (b) Ensure by law, consistent with applicable state and Federal law, 28 the protection and preservation of public health, safety and environ- 29 mental quality in the siting, design, development, licensure or other 30 regulation, operation, closure, decommissioning, long-term care and the 31 institutional control period of the regional facility within the state. 32 To the extent authorized by Federal law, a host state may adopt more 33 stringent laws, rules or regulations than required by Federal law. 34 (c) Ensure and maintain a manifest system which documents all waste- 35 related activities of generators, brokers, carriers and related activ- 36 ities of generators, brokers, carriers and operators, and establish the 37 chain of custody of waste from its initial generation to the end of its 38 hazardous life. Copies of all such manifests shall be submitted to the 39 Commission on a timely basis. 40 (d) Ensure that charges for disposal of low-level waste at the 41 regional facility are sufficient to fully fund the safe disposal and 42 perpetual care of the regional facility and that charges are assessed 43 without discrimination as to the party state of origin. 44 (e) Submit an annual report to the Commission on the status of the 45 regional facility which contains projections of the anticipated future 46 capacity. 47 (f) Notify the Commission immediately if any exigency arises requiring 48 the possible temporary or permanent closure of a regional facility with- 49 in the state at a time earlier than was projected in the state's most 50 recent annual report to the Commission. 51 (g) Require that the institutional control period of any disposal 52 facility be at least as long as the hazardous life, as defined in Arti- 53 cle 1(h), of the radioactive materials that are disposed at that facili- 54 ty.S. 9120 8 1 (h) Prohibit the use of any shallow land burial, as defined in Article 2 1(r), and develop alternative means for treatment, storage and disposal 3 of low-level waste. 4 (i) Establish by law, to the extent not prohibited by Federal law, 5 requirements for financial responsibility, including, but not limited 6 to: 7 (i) Requirements for the purchase and maintenance of adequate insur- 8 ance by generators, brokers, carriers and operators of the regional 9 facility; 10 (ii) Requirements for the establishment of a long-term care fund to be 11 funded by a fee placed on generators to pay for preventative or correc- 12 tive measures of low-level waste to the regional facility; and 13 (iii) Any further financial responsibility requirements that shall be 14 submitted by generators, brokers, carriers and operators as deemed 15 necessary by the host state. 16 (G) Duties of Party State 17 Each party state: 18 (a) Shall appropriate its portion of the Commission's initial and 19 annual budget as set out in Article 2(C)(2) and (3). 20 (b) To the extent authorized by Federal law, shall develop and enforce 21 procedures requiring low-level waste shipments originating within its 22 borders and destined for a regional facility to conform to volume 23 reduction, packaging and transportation requirements and regulations as 24 well as any other requirements specified by the regional facility. Such 25 procedures shall include, but are not limited to: 26 (i) Periodic inspections of packaging and shipping practices 27 (ii) Periodic inspections of low-level waste containers while in 28 custody of carriers; and 29 (iii) Appropriate enforcement actions with respect to violations 30 (c) To the extent authorized by Federal law, shall, after receiving 31 notification from a host state or other person that a person in a party 32 state has violated volume reduction, packaging, shipping or transporta- 33 tion requirements or regulations, take appropriate action to ensure-that 34 violations do not recur. Appropriate action shall include, but is not 35 limited to, the requirement that a bond be posted by the violator to pay 36 the cost of repackaging at the regional facility and the requirement 37 that future shipments be inspected. Appropriate action may also include 38 suspension of the violator's use of the regional facility. Should such 39 suspension be imposed, the suspension shall remain in effect until such 40 time as the violator has, to the satisfaction of the party state impos- 41 ing such suspension, complied with the appropriate requirements or regu- 42 lations upon which the suspension was based and has taken appropriate 43 action to ensure that such violation or violations do not recur. 44 (d) Shall maintain a registry of all generators and quantities gener- 45 ated within the state. 46 (H) Liability 47 In the event of liability arising from the operation of any regional 48 facility and during and after closure of that facility, each party state 49 shall share in that liability in an amount equal to that state's share 50 of the region's low-level waste disposed of at the facility. If such 51 liability arises from negligence, malfeasance or neglect on the part of 52 a host state or any party state, then any other host or party state(s) 53 may make any claim allowable under law for that negligence, malfeasance 54 or neglect. If such liability arises from a particular waste shipment or 55 shipments to, or quantity of waste or condition at, the regional facili- 56 ty, then any host or party state may make any claim allowable under lawS. 9120 9 1 for such liability. The percentage of waste shall be based on volume of 2 waste or total curie content. 3 (I) Failure of Party State to Fulfill Obligations. 4 A party state which fails to fulfill its obligations, including timely 5 funding of the Commission, may have its privileges under the Compact 6 suspended or its membership in the Compact revoked by the Commission and 7 be subject to any other legal and equitable remedies available to the 8 party states. 9 Article 4 10 Prohibited Acts and Penalties 11 (A) Prohibition 12 It shall be unlawful for any person to dispose of low-level waste 13 within the region except at a regional facility unless authorized by the 14 Commission. 15 (B) Waste Disposed of Within Region. 16 After establishment of the regional facility(s), it shall be unlawful 17 for any person to dispose of any low-level waste within the region 18 unless the waste was generated within the region or unless authorized to 19 do so both by the Commission and by law of the host state in which said 20 disposal takes place. For the purposes of this compact, waste generated 21 within the region excludes radioactive material shipped from outside the 22 party states to a waste management facility within the region. In deter- 23 mining whether to grant such authorization, the factors to he considered 24 by the Commission shall include, but not be limited to, the following: 25 (a) The impact on health, safety, and environmental quality of the 26 citizens of the party states; 27 (b) The impact of importing waste on the available capacity and 28 projected life of the regional facility 29 (c) The availability of a regional facility appropriate for the safe 30 disposal of the type of low-level waste involved 31 (C) Waste Generated Within Region Any and all low-level waste gener- 32 ated within the region shall be disposed of at a regional facility, 33 except for specific cases agreed upon by the Commission, with the affir- 34 mative votes by a majority of the Commission members of the host 35 state(s) affected by the decision. 36 (D) Liability. 37 Generators, brokers and carriers of wastes, and owners and operators 38 of sites shall be liable for their acts, omissions, conduct or relation- 39 ships in accordance with all laws relating thereto. The party states 40 shall impose a fine for any violation in an amount equal to the present 41 and future costs associated with correcting any harm caused by the 42 violation and shall assess punitive fines or penalties if it is deemed 43 necessary. In addition, the host state shall bar any person who 44 violates host state or Federal regulations from using the regional 45 facility until that person demonstrates to the satisfaction of the host 46 state the ability and willingness to comply with the law. 47 (E) Conflict of Interest. 48 (1) Prohibitions-- 49 No commissioner, officer, or employer shall: 50 (a) Be financially interested, either directly or indirectly, in a 51 contract, sale, purchase, lease or transfer of real or personal property 52 to which the Commission is a party. 53 (b) Solicit or accept money or any other thing of value in addition to 54 the expenses paid to him by the commission for services performed within 55 the scope of his official duties.S. 9120 10 1 (c) Offer money or anything of value for or in consideration of 2 obtaining an appointment, promotion or privilege in his employment with 3 the Commission. 4 (2) Forfeiture of Office of Employment - 5 Any officer or employee who shall willfully violate any of the 6 provisions of this section shall forfeit his office or employment. 7 (3) Agreement Void - 8 Any contract or agreement knowingly made in contravention of this 9 section is void. 10 (4) Criminal and Civil Sanctions- 11 Officers and employees of the Commission shall be subject, in addition 12 to the provisions of this section, to such criminal and civil sanctions 13 for misconduct in office as may be imposed by Federal law and the law of 14 the signatory state in which such misconduct occurs. 15 Article 5 16 Eligibility, Entry Into Effect, Congressional Consent, Withdrawal 17 (A) Eligibility 18 Only the States of Pennsylvania, West Virginia, Delaware, and Maryland 19 are eligible to become parties to this compact. 20 (B) Entry Into Effect 21 An eligible state may become a party state by legislative enactment of 22 this compact or by executive order of the governor adopting this 23 compact; provided, however, a state becoming a party state by executive 24 order shall cease to be a party state upon adjournment of the first 25 general session of its legislature convened thereafter, unless the 26 legislature shall have enacted this compact before such adjournment. 27 (C) Congressional Consent 28 This compact shall take effect when it has been enacted by the legis- 29 latures of Pennsylvania and one or more eligible states. However, Arti- 30 cle 4(B) and (C) shall not take effect until Congress has consented to 31 this compact. Every fifth year after such consent has been given, 32 Congress may withdraw consent. 33 (D) Withdrawal 34 A party state may withdraw from the compact by repealing the enactment 35 of this compact, but no such withdrawal shall become effective until two 36 years after enactment of the repealing legislation. If the withdrawing 37 state is a host state, any regional facility in that state shall remain 38 available to receive low-level waste generated within the region until 39 five years after the effective date of the withdrawal. 40 Article 6 41 Construction and Severability 42 (A) Construction 43 The provisions of this compact shall be broadly construed to- carry 44 out the purposes of the compact, but the sovereign powers of a party 45 state shall not unnecessarily be infringed. 46 (B) Severability 47 If any part or application of this compact is held invalid, the 48 remainder, or its application to other situation or persons, shall not 49 be affected. 50 § 2. This act shall take effect immediately.
