§ 23-12.5-1. Compact enacted.
The New England compact on radiological health protection, hereinafter called "the
compact�, is hereby enacted into law and entered into with all other jurisdictions
legally joining the compact, in the form substantially as follows:
NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION
ARTICLE I. PURPOSES.
The purposes of this compact are to:
(1) Promote the radiological health protection of the public and individuals within the
party states.
(2) Provide mutual aid and assistance in radiological health matters including, but not
limited to, radiation incidents.
(3) Encourage and facilitate the efficient use of personnel and equipment by furthering
the orderly acquisition and sharing of resources useful for programs of radiation
protection.
ARTICLE II. ENACTMENT.
This compact shall become effective when enacted into law by any two (2) or more of
the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.
Thereafter it shall become effective with respect to any other aforementioned state
upon its enacting this compact into law. Any state not mentioned in this article which
is contiguous to any party state may become a party to this compact by enacting the
same.
ARTICLE III. DUTIES OF STATES.
(a) It shall be the duty of each party state to formulate and put into effect an intrastate
radiation incident plan which is compatible with the interstate radiation incident
plan formulated pursuant to this compact.
(b) Whenever the compact administrator of a party state requests aid from the compact
administrator of any other party state pursuant to this compact, 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. The compact administrator
of a party state may delegate any or all of his or her authority to request aid or
respond to requests for aid pursuant to this compact to one or more subordinates,
in order that requests for aid and responses thereto shall not be impeded by reason
of the absence or unavailability of the compact administrator. Any compact administrator
making such a delegation shall inform all the other compact administrators thereof,
and also shall inform them of the identity of the subordinate or subordinates to whom
the delegation has been made.
(c) Each party state shall maintain adequate radiation protection personnel and equipment
to meet normal demands for radiation protection within its borders.
ARTICLE IV. LIABILITY.
(a) 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.
(b) 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.
(c) 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.
(d) Any party state rendering outside aid to cope with a radiation incident 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 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.
(e) 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 are killed 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 for or in which the officer
or employee was regularly employed.
ARTICLE V. FACILITIES, EQUIPMENT AND PERSONNEL.
(a) Whenever a department, agency or officer of a party state responsible for and having
control of facilities or equipment designed for or useful in radiation control, radiation
research, or any other phase of a radiological health program or programs determines
that such a facility or item of equipment is not being used to its full capacity by
such party state, or that temporarily it is not needed for current use by such state,
a department, agency or officer may, upon request of an appropriate department, agency
or officer of another party state, make such facility or item of equipment available
for use by such requesting department, agency or officer. Unless otherwise required
by law, the availability and use resulting therefrom may be with or without charge,
at the discretion of the lending department, agency or officer. Any personal property
made available pursuant to this paragraph may be removed to the requesting state,
but no such property shall be made available, except for a specified period and pursuant
to written agreement. Except when necessary to meet an emergency, no supplies or materials
intended to be consumed prior to return shall be made available pursuant to this paragraph.
(b) In recognition of the mutual benefits, in addition to those resulting from article
IV, accruing to the party states from the existence and flexible use of professional
or technical personnel having special skills or training related to radiation protection,
such personnel may be made available to a party state by appropriate departments,
agencies and officers of other party states: provided that the borrower reimburses
such party state regularly employing the personnel in question for any cost of making
such personnel available, including a prorated share of the salary or other compensation
of the personnel involved.
(c) Nothing in this article shall be construed to limit or to modify in any way the provisions
of article IV of this compact.
ARTICLE VI. COMPACT ADMINISTRATORS.
Each party state shall have a compact administrator who shall be the head of the state
agency having principal responsibility for radiation protection, and who:
(1) Shall coordinate activities pursuant to this compact in and on behalf of his or her
state.
(2) Serving jointly with the compact administrators of the other party states, shall develop
and keep current an interstate radiation incident plan; consider such other matters
as may be appropriate in connection with programs of cooperation in the field of radiation
protection and allied areas of common interest; and formulate procedures for claims
and reimbursement under the provisions of article IV.
ARTICLE VII. OTHER RESPONSIBILITIES AND ACTIVITIES.
Nothing in this compact shall be construed to:
(1) Authorize or permit any party state to curtail or diminish its radiation protection
program, equipment, services or facilities.
(2) Limit or restrict the powers of any state ratifying the same to provide for the radiological
health protection of the public and individuals, or to prohibit the enactment or enforcement
of state laws, rules or regulations intended to provide for such radiological health
protection.
(3) Affect any existing or future cooperative relationship or arrangement between federal,
state or local governments and a party state or states.
ARTICLE VIII. WITHDRAWAL.
Any party state may withdraw from this compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until one year 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.
ARTICLE IX. CONSTRUCTION AND SEVERABILITY.
It is the legislative intent that the provisions of this compact be reasonably and
liberally construed. The provisions of this compact shall be severable and if any
phrase, clause, sentence, or provision of this compact is declared to be unconstitutional
or the applicability thereof, to any state, agency, person or circumstances is held
invalid, the constitutionality of the remainder of this compact and the applicability
thereof, to any other state, agency, person or circumstance shall not be affected
thereby.