§ 23-19.9-8. Conditions of membership.
(a) The states initially eligible to become parties to this compact shall include Rhode
Island. Initial eligibility shall expire December 31, 1986.
(b) Each state eligible to become a party state to this compact shall be a party state
upon enactment of this compact into law by that state, and upon payment of the fees
required by § 23-19.9-10. An eligible state may become a party to this compact by an executive order issued
by the governor of the state and upon payment of the fees required by § 23-19.9-10. However, any state which becomes a party state by executive order shall cease to
be a party state upon the final adjournment of the next general or regular session
of its legislature, unless this compact has by then been enacted as a statute by that
state.
(c) This compact shall become effective in a party state when it has been enacted by that
state and consent has been given to this compact by the Congress.
(d) The first two (2) states to become party states to this compact shall immediately
appoint Commission members who shall constitute the Rhode Island — Massachusetts Interstate
Low-Level Radioactive Waste Commission in accordance with § 23-19.9-5. These party states shall cause legislation to be introduced in the Congress whereby
the consent of the Congress to this compact will be granted, and shall do those things
necessary to organize the Commission and implement the provisions of this compact.
(e) Any state not expressly declared eligible to become a party state to this compact
in subsection (a) of this section may petition the Commission to be declared eligible.
The Commission may by rule establish conditions that it deems necessary and appropriate
to be met by a state requesting eligibility as a party state to this compact pursuant
to the provisions of this section and shall conduct an adjudicatory proceeding on
the application. Upon satisfying the conditions established by the Commission and
upon the affirmative vote of a two-thirds (â…”) majority of the eligible votes of Commission
members and the affirmative vote of the members representing the host states in which
any affected regional facility is located, the petitioning state shall become eligible
to become a party state to this compact and may become a party state in the same manner
as those states declared eligible in subsection (a) of this section.
(f) No state holding membership in any other regional compact for the management of low-level
waste may become a party state to this compact.
(g) Any party state which fails to comply with the provisions of this compact or to fulfill
its obligations may, upon the vote of a two-thirds (â…”) majority of the eligible votes
of Commission members, in an adjudicatory proceeding, have fines imposed, have its
access conditioned, its privileges suspended or its status as a party state to this
compact revoked. Any revocation of a party state's status shall take effect one year
from the date on which the state receives written notice from the Commission of that
action. The rights of access to regional facilities enjoyed by generators in the affected
party state shall cease upon the effective date of the revocation. No legal obligations
of that party state, arising prior to the revocation, shall cease until they have
been fulfilled. As soon as practicable after a Commission action suspending or revoking
party state status, the Commission shall provide written notice of the action and
a copy of the resolution to the governor and the presiding officer of each house of
the legislature of each party state, and the Congress.
(h) Any party state may withdraw from this compact by repealing its authorizing legislation,
and the rights of access to regional facilities enjoyed by generators in that party
state shall thereby terminate. However, no withdrawal shall take effect until five
(5) years after the governor of the withdrawing state has given notice, in writing,
of that withdrawal to the Commission and to the governor of each party state. No withdrawal
shall affect any liability already incurred by, or chargeable to, a party state prior
to that time.
(1) Upon receipt of the notification, the Commission shall, as soon as practicable, provide
copies to the governor and the presiding officer of each house of the legislature
of each party state, and to the Congress.
(2) A regional facility located in a withdrawing state shall remain available to the region
for five (5) years after the date the Commission receives written notification of
the state's intent to withdraw, or until the prescheduled date of closure, whichever
occurs first.
(i) This compact may be terminated only by the affirmative compact in each party state.
The Congress may by law withdraw its consent every five (5) years after the compact
takes effect.
(1) The consent given to this compact by the Congress shall extend to any future admittance
of new party states under subsection (b) of this Article.
(2) The withdrawal of a party state from this compact under subsection (h) or the revocation
of party state status under subsection (g) of this Article shall not affect the applicability
of the compact to the remaining party states.