§ 24-60-1401 — Compact approved and ratified

Colorado § 24-60-1401

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other 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 he represents, and serving and subject
to removal in accordance with such law. Any member of the Board may provide for
the discharge of his duties and the performance of his functions thereon, either for
the duration of his membership or for any lesser period of time, by a deputy or
assistant, if the laws of his state make specific provisions therefor. The federal
government may be represented without vote if provision is made by federal law for
such representation.

(b) The Board members of the party states shall each be entitled to one vote
on the Board. No action of the Board shall be binding unless taken at a meeting at
which a majority of all members representing the party states are present, and
unless a majority of the total number of votes on the Board are cast in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a chairman, a
vice chairman, and a treasurer. The Board shall appoint and fix the compensation of
an Executive Director who shall serve at its pleasure and who shall also act as
Secretary, and who, together with the Treasurer, and such other personnel as the
Board may direct, shall be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board, shall appoint and
remove or discharge such personnel as may be necessary for the performance of
the Board's functions, irrespective of the civil service, personnel, or other merit
system laws of any of the party states.

(f) The Board may establish and maintain, independently or in conjunction
with any one or more of the party states, or its institutions or subdivisions, a suitable
retirement system for its full-time employees. Employees of the Board shall be
eligible for social security coverage in respect of old age and survivors insurance,
provided that the Board takes such steps as may be necessary pursuant to federal
law to participate in such program of insurance as a governmental agency or unit.
The Board may establish and maintain or participate in such additional programs of
employee benefits as may be appropriate.

(g) The Board may borrow, accept, or contract for the services of personnel
from any state or the United States or any subdivision or agency thereof, from any
interstate agency, or from any institution, person, firm or corporation.

(h) The Board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any state or the United
States or any subdivision or agency thereof, or interstate agency, or from any
institution, person, firm, or corporation, and may receive, utilize, and dispose of the
same. The nature, amount and conditions, if any, attendant upon any donation or
grant accepted pursuant to this paragraph or upon any borrowing pursuant to
paragraph (g) of this Article, together with the identity of the donor, grantor or
lender, shall be detailed in the annual report of the Board.

(i) The Board may establish and maintain such facilities as may be necessary
for the transacting of its business. The Board may acquire, hold, and convey real
and personal property and any interest therein.

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

(k) The Board annually shall make to the governor of each party state, a
report covering the activities of the Board for the preceding year, and embodying
such recommendations as may have been adopted by the Board, which report shall
be transmitted to the legislature of said state. The Board may issue such additional
reports as it may deem desirable.

Article III.

Finances

(a) The Board shall submit to the governor or designated officer or officers
of each party state a budget of its estimated expenditures for such period as may
be required by the laws of that jurisdiction for presentation to the legislature
thereof.

(b) Each of the Board's budgets of estimated expenditures shall contain
specific recommendations of the amount or amounts to be appropriated by each of
the party states. Each of the Board's requests for appropriations pursuant to a
budget of estimated expenditures shall be apportioned equally among the party
states. Subject to appropriation by their respective legislatures, the Board shall be
provided with such funds by each of the party states as are necessary to provide
the means of establishing and maintaining facilities, a staff of personnel, and such
activities as may be necessary to fulfill the powers and duties imposed upon and
entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in part with funds
available to it under Article II (h) of this compact, provided that the Board takes
specific action setting aside such funds prior to the incurring of any obligation to be
met in whole or in part in this manner. Except where the Board makes use of funds
available to it under Article II (h) 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 or their subdivisions, in nuclear and related fields, as
in its judgment may be appropriate. Any such recommendations shall be made
through the appropriate state agency, with due consideration of the desirability of
uniformity, but shall also give appropriate weight to any special circumstances
which may justify variations to meet local conditions.

(k) Consider and make recommendations designed to facilitate the
transportation of nuclear equipment, materials, products, 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 requests;
provided that nothing herein contained shall prevent any assisting party state from
assuming such loss, damage, expense or other cost or from loaning such equipment
or from donating such services to the receiving party state without charge or cost.

(f) Each party state shall provide for the payment of compensation and death
benefits to injured officers and employees and the representatives of deceased
officers and employees, in case officers or employees sustain injuries or death
while rendering outside aid pursuant to this compact, in the same manner and on
the same terms as if the injury or death were sustained within the state by or in
which the officer or employee was regularly employed.

Article VII.

Supplementary Agreements

(a) To the extent that the Board has not undertaken an activity or project
which would be within its power under the provisions of Article V of this compact,
any two or more of the party states, acting by their duly constituted administrative
officials, may enter into supplementary agreements for the undertaking and
continuance of such an activity or project. Any such agreement shall specify the
purpose or purposes, its duration, 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, but
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.

Legislative History

Source: L. 68: p. 64, � 1. C.R.S. 1963: � 74-15-1.