CHAPTER 364

An Act to provide for the entry of the Commonwealth of Virginia into
the Southern Interstate Nuclear Compact; to provide for the selection
and term of office of Virginia’s. representative on the Southern Inter-
state Nuclear Board; to limit the effect of certain agreements under

the Compact; to provide for cooperation with the Board by agencies

of this State; and to make an appropriation. § 201]
[

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:
1. § 1. The General Assembly hereby enacts, and the Commonwealth
of Virginia hereby enters into, the Southern Interstate Nuclear Compact
with any and all states legally joining therein according to its terms, in
the form substantially as follows:

SOUTHERN INTERSTATE NUCLEAR COMPACT
ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment of nuclear
energy, facilities, materials, and products can assist substantially in
the industrialization of the South and the development of a balanced
economy for the region. They also recognize that optimum benefit from
and acquisition of nuclear resources and facilities requires systematic
encouragement, guidance, and assistance 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
to improve the economy of the South 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 “Southern 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 accord-
ance 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
provision 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
an Executive Director who shall serve at its pleasure and who shall also
act as Secretary, and who, together with the Treasurer, 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, a suitable retire-
ment system for its full-time employees. Employees of the Board shall
be eligible for social security coverage in respect of old age and survivor:
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, equip-
ment, 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.

(1) 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
tite The Board may issue such additional reports as it may deem de-
sirable.

ARTICLE III. FINANCES

(a) The Board shall submit to the executive head 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 presen-
tation to the legislature thereof.

(b) Each of the Board’s budgets of estimated expenditures shall con-
tain specific recommendations of the amount or amounts to be appropri-
ated by each of the party states. One half of the total amount of each
budget of estimated expenditures shall be apportioned among the party
states in equal shares; one quarter of each such budget shall be apportioned
among the party states in accordance with the ratio of their populations
to the total population of the entire group of party states based on the
last decennial federal census; and one quarter of each such budget shall
be apportioned among the party states on the basis of the relative average
per capita income of the inhabitants in each of the party states based
on the latest computations published by the federal census-taking agency.
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 Articl
II (h) hereof, the Board shall not incur any obligation prior to th
allotment of funds by the party jurisdictions adequate to meet the same

(d) Any expenses and any other costs for each member of th
Board in attending meetings shall be met by the Board.

(e) The Board shall keep accurate accounts of all receipts and dis
bursements. The receipts and disbursements of the Board shall be subjec
to the audit and accounting procedures established under its bylaws
However, all receipts and disbursements of funds handled by the Boar«
shall be audited yearly by a qualified public accountant and the repor
of the audit shall be included in and become part of the annual report
of the Board.

(f) The accounts of the Board shall be open at any reasonable tim«
for inspection.

ARTICLE IV. ADVISORY COMMITTEES

The Board may establish such advisory and technical committee:
as it may deem necessary, membership on which to include but not be
limited to private citizens, expert and lay personnel, representatives of
industry, labor, commerce, agriculture, civic associations, medicine, edu-
cation, voluntary health agencies, and officials of local, state and federa.
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) Ascertain and analyze on a continuing basis the position of the
South with respect to nuclear and related industries.

(b) Encourage the development and use of nuclear energy, facilities,
installations, and products as part of a balanced economy.

(c) Collect, correlate, and disseminate information relating to civilian
uses of nuclear energy, materials and products.

(d) Conduct, or cooperate in conducting, programs of training for
state and local personnel engaged in any aspect of

(1) Nuclear industry, medicine, or education or the promotion
or regulation thereof.

(2) 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, installations, or
wastes.

(e) Organize and conduct, or assist and cooperate in organizing and
conducting, demonstrations of nuclear product, material, or equipment
use and disposal and of proper techniques or processes for the application
of nuclear resources to the civilian economy or general welfare.

(f) Undertake such non-regulatory functions with respect to non-
nuclear sources of radiation as may promote the economic development
and general welfare of the region.

(g) Study industrial, health, safety, and other standards, laws, codes,
rules, regulations, and administrative practices in or related to nuclear
fields.

(h) Recommend such changes in, or amendments or additions to
the laws, codes, rules, regulations, administrative procedures and prac-
tices or ordinances of the party states in any of the fields of its interest
and competence as in its judgment may be appropriate. Any such recom-
mendation shall be made through the appropriate state agency with due
-onsideration of the desirability of uniformity but shall also give appropri-
ate weight to any special circumstance which may justify variations to
meet local conditions.

(i) Prepare, publish and distribute, (with or without charge) such
reports, bulletins, newsletters or other material as it deems appropriate.

(j) Cooperate with the Atomic Energy Commission or any agency
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 interests.

(k) Act as licensee of the United States Government or any party
state with respect to the conduct of any research activity requiring such
license and operate such research facility or undertake any program
pursuant thereto.

(1) Ascertain from time to time such methods, practices, circum-
stances, 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.

ARTICLE VI. 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 its purpose or purposes; its
duration and the procedure for termination thereof or withdrawal there-
from; 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 aproval by the Board.
The Board shall give such approval unless it finds that the supplementary
agreement or the 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. However, 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 sup-
plementary agreement may be offered as performance pursuant to the
compact.

ARTICLE VII. OTHER LAWS AND RELATIONSHIPS

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.

(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 exercise any regulatory au-
thority or to own or operate any nuclear reactor for the generation of
electric energy; nor shall the Board own or operate any facility or in-
stallation for industrial or commercial purposes.

ARTICLE VIII. ELIGIBLE PARTIES, ENTRY INTO
FORCE AND WITHDRAWAL

(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida,
Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina,
Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia
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 seven
states.

(c) Any party state may withdraw from this compact by enacting
a statute repealing the same, but no such withdrawal shall become effec-
tive until the governor of the withdrawing state shall have sent formal
notice in writing to the governor of each other party state informing
said governors of the action of the legislature in repealing the compact
and declaring an intention to withdraw.

ARTICLE IX. SEVERABILITY AND CONSTRUCTION

The provisions of this compact and of any supplementary agreement
entered into hereunder shall be severable and if any phrase, clause, sen-
tence 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 re-
mainder of this compact or such supplementary agreement and the ap-
plicability 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 constitu-
tion 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 hereto shall be liberally construed to
effectuate the purposes thereof.

§ 2. The Governor shall appoint one member of the Southern Inter-
state Nuclear Board as established by Article II of the Compact, to serve
at the pleasure of the Governor for a term of four years. If such member
be the head of a department or agency of this State, he may designate a
subordinate officer or employee of his department or agency to serve in
his stead as permitted by Article II (a) of the Compact and in conformity
with any applicable by-laws of the Board.

§ 3. No supplementary agreement entered into pursuant to Article
VI of the Compact and requiring the expenditure of funds or the assump-
tion of an obligation to expend funds in addition those already appropri-
ated shall become effective as to this State unless funds therefor are or
have been appropriated therefor as provided by law.

§ 4. All departments, agencies and officers of this State and its pollit-
ical subdivision are hereby authorized to cooperate with the Southern Inter-
state Nuclear Board in the furtherance of any of its activities pursuant
to the Compact.