Title 12, Chapter 10, Section 1
( 12-10-1)
The Southern States Energy Compact is enacted into law and entered
into by the State of Georgia with any and all states legally joining
therein in accordance with its terms. The compact is substantially
as follows: "Article I. Policy and Purpose. The party states recognize that the proper employment and
conservation of energy and employment of energy-related facilities,
materials, and products, within the context of a responsible regard
for the environment, 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 energy resources and facilities require
systematic encouragements, 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 States Energy Board' (hereinafter called the
Board). The Board shall be composed of three representatives from
each party state, one of whom shall be appointed or designated in
each state to represent the Governor, the State Senate, and the
State House of Representatives, respectively. Each representative
shall be 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 provision therefor. The federal government may be
represented without vote if provision is made by federal law for
such representation. (b) Each party state shall be entitled to one vote on the Board, to
be determined by majority vote of each representative or
representative's representative from the party state present and
voting on any question. No action of the Board shall be binding
unless taken at a meeting at which a majority of all party states
are represented 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
retirement system for its fulltime 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 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. (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 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 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. 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 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) 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 qualified public accountant
and the report of the audit shall be included in and become part of
the annual report of the Board. (e) The accounts of the Board shall be open at any reasonable time
for inspection. Article IV. Advisory Committees. The Board may establish such advisory and technical committees 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, 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) Ascertain and analyze on a continuing basis the position of the
South with respect to energy, energy-related industries, and
environmental concerns. (b) Encourage the development, conservation, and responsible use of
energy and energy-related facilities, installations, and products as
part of a balanced economy and healthy environment. (c) Collect, correlate, and disseminate information relating to
civilian uses of energy and energy-related materials and products. (d) Conduct, or cooperate in conducting, programs of training for
state and local personnel engaged in any aspect of (1) Energy, environment, and applications of energy,
environmental, and related concerns to 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 energy and energy-related materials, products,
installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and
conducting, demonstrations of energy product, material, or equipment
use and disposal and of proper techniques or processes for the
application of energy resources to the civilian economy or general
welfare. (f) Undertake such nonregulatory functions with respect to 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 energy and environmental fields. (h) Recommend such changes in, or amendments or additions to the
laws, codes, rules, regulations, administrative procedures and
practices 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 recommendation 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. (i) Prepare, publish and distribute, (with or without charge) such
reports, bulletins, newsletters or other material as it deems
appropriate. (j) Cooperate with the United States Department of Energy 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. (l) Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the prevention and
control of energy and environmental incidents in the area comprising
the party states, to coordinate the nuclear, environmental, and
other energy-related 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 energy and environmental incidents. The
Board may formulate and, in accordance with need from time to time,
revise a regional plan or regional plans for coping with energy and
environmental 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 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 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 supplementary 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 United States Department of Energy, 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
authority or to own or operate any nuclear reactor for the
generation of electric energy; nor shall the Board own or operate
any facility or installation 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,
Missouri, North Carolina, Oklahoma, South Carolina, Tennessee,
Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and
the United States Virgin Islands 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
effective 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,
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 hereto shall be
liberally construed to effectuate the purposes thereof." |