§ 13-29-1-8 — Eligible parties, withdrawal, revocation, suspension of access, entry into force, and termination

ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL,
REVOCATION, SUSPENSION OF ACCESS,
ENTRY INTO FORCE, AND TERMINATION
a. Any state may petition the Commission to be eligible for
membership in the compact. The Commission may establish
appropriate eligibility requirements. These requirements may include,
but are not limited to, an eligibility fee or designation as a host state. A
petitioning state becomes eligible for membership in the compact upon
the approval of the Commission, including the affirmative vote of the
member from each host state in which a compact facility is operating
or being developed or constructed. Any state becoming eligible upon
the approval of the Commission becomes a member of the compact
when the state enacts this compact into law and pays the eligibility fee
established by the commission.
b. The Commission is formed upon the appointment of Commission
members and the tender of the membership fee payable to the
Commission by three party states. The Governor of the first state to
enact this compact shall convene the initial meeting of the
Commission. The Commission shall cause legislation to be introduced
in the Congress which grants the consent of the Congress to this
compact, and shall take action necessary to organize the Commission
and implement the provision of this compact.
c. A party state that has fully discharged its obligations under
Article VI(i) of this compact or has been relieved under Article VI(e)
of this compact of its responsibilities to serve as a host state may
withdraw from this compact by repealing the authorizing legislation
and by receiving the unanimous consent of the Commission.
Withdrawal takes effect on the date specified in the Commission
resolution consenting to withdrawal. All legal rights of the withdrawn
state established under this compact, including, but not limited to, the
right to have waste generated within its borders disposed of at compact
facilities, cease upon the effective date of withdrawal, but any legal
obligations of that party state under this compact, including, but not
limited to, those set forth in Article VIII(e) of this compact continue
until they are fulfilled.
d. Any party state that fails to comply with the terms of this compact
or fails to fulfill its obligations may have reasonable financial penalties
imposed against it, the right to have waste generated within its borders
disposed of at compact facilities, or any noncompact facility made
available to the region by any agreement entered into by the
Commission pursuant to Article III(h)(6) of this compact suspended,
or its membership in the compact revoked by a two-thirds vote of the
Commission, provided that the membership of the party state
designated to host the next compact facility shall not be revoked unless
the member from the host state of any then operating compact facility
votes in the affirmative. Revocation takes effect on the date specified
in the resolution revoking the party state's membership. All legal rights
of the revoked party state established under this compact, including,
but not limited to, the right to have waste generated within its borders
disposed of at compact facilities, cease upon the effective date of
revocation, but any legal obligations of that party state under this
compact, including, but not limited to, those set forth in Article VIII(e)
of this compact, continue until they are fulfilled. The chairperson of the
Commission shall transmit written notice of a revocation of a party
state's membership in the compact, suspension of a party state's waste
disposal rights, or imposition of financial penalties immediately
following the vote of the Commission to the governor of the affected
party state, governors of all the other party states, and the Congress of
the United States.
e. A party state that withdraws from this compact or has its
membership in the compact revoked before it has fully discharged its
obligations under Article VI of this compact forthwith shall repay to the
Commission the portion of the funds provided to that state by the
Commission for the development, construction, operation, closing, or
long-term care of a compact facility that the Commission determines
is fair and equitable, taking into consideration the period of time the
compact facility located in that host state was in operation and the
amount of waste disposed of at the facility. If at any time after a
compact facility begins operating, a party state withdraws from the
compact or has its membership revoked, the withdrawing or revoked
party state shall be obligated forthwith to pay to the Commission the
amount the Commission determines would have been paid under the
fee system established by the host state of the facility to dispose of at
the facility the estimated volume of waste generated in the withdrawing
or revoked party state that would have been disposed of at the facility
from the time of withdrawal or revocation until the time the facility is
closed. Any funds so paid to the Commission shall be distributed by the
Commission to the persons who would have been entitled to receive the
funds had they originally been paid to dispose of waste at the facility.
Any person receiving such funds from the Commission shall apply the
funds to the purposes to which they would have been applied had they
originally been paid to dispose of waste at the compact facility. In
addition, a withdrawing or revoked party state forthwith shall pay to the
Commission an amount the Commission determines to be necessary to
cover all other costs and damages incurred by the Commission and the
remaining party states as a result of the withdrawal or revocation. The
intention of Article VIII(e) of this compact is to eliminate any decrease
in revenue resulting from withdrawal of a party state or revocation of
a party state's membership, to eliminate financial harm to the remaining
party states, and to create an incentive for party states to continue as
members of the compact and to fulfill their obligations. Article VIII(e)
of this compact shall be construed and applied so as to effectuate this
intention.
f. Any party state whose right to have waste generated within its
borders disposed of at compact facilities is suspended by the
Commission shall pay to the host state of the compact facility to which
access has been suspended the amount the Commission determines is
reasonably necessary to ensure that the host state, or any political
subdivision thereof, does not incur financial loss as a result of the
suspension of access.
g. This compact becomes effective upon enactment by at least three
eligible states and consent to this compact by the Congress. The
consent given to this compact by the Congress shall extend to any
future admittance of new party states and to the power of the
commission to regulate the shipment and disposal of waste and
disposal of naturally occurring and accelerator-produced radioactive
material pursuant to this compact. Amendments to this compact are
effective when enacted by all party states and, if necessary, consented
to by the Congress. To the extent required by Section (4)(D) of the
Low-Level Radioactive Waste Policy Amendments Act of 1985, every
five years after this compact has taken effect, the Congress by law may
withdraw its consent.
h. The withdrawal of a party state from this compact, the suspension
of waste disposal rights, the termination of a party state's designation
as a host state, or the revocation of a state's membership in this
compact does not affect the applicability of this compact to the
remaining party states.
i. This compact may be dissolved and the obligations arising under
this compact may be terminated only as follows:
1. Through unanimous agreement of all party states expressed in
duly enacted legislation; or
2. Through withdrawal of consent to this compact by the Congress
under Article I, Section 10 of the United States Constitution, in
which case dissolution shall take place one hundred twenty days
after the effective date of the withdrawal of consent.
Unless explicitly abrogated by the state legislation dissolving this
compact, or if dissolution results from withdrawal of congressional
consent, the limitations on the investment and use of long-term care
funds in Articles VI(o) and VI(q)(4) of this compact, the contractual
obligations in Article V(f) of this compact, the indemnification
obligations and contribution rights in Articles VI(o), VI(s), and VII(g)
of this compact, and the operation rights and indemnification and hold
harmless obligations in Article VI(q) of this compact shall remain in
force notwithstanding dissolution of this compact.
[Pre-1996 Recodification Citation: 13-5-9-8.]

Legislative History

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.9.