Page:United States Statutes at Large Volume 112 Part 2.djvu/660

 112 STAT. 1544 PUBLIC LAW 105-236—SEPT. 20, 1998 license from the operator to the custodial agency in compliance with the appropriate regulations for long-term observation and maintenance. "(10) 'Low-level radioactive waste' has the same meaning as that term is defined in Section 2(9) of the Act (42 U.S.C. 2021b(9)), or in the host state statute so long as the waste is not incompatible with management and disposal at the compact facility. "(11) 'Management' means collection, consolidation, storage, packaging, or treatment. "(12) 'Operator' means a person who operates a disposal facility. "(13) 'Party state' mesuis any state that has become a party in accordance with Article VII of this compact. Texas, Maine, and Vermont are initial party states under this compact. "(14) 'Person' means an individual, corporation, partnership or other legal entity, whether public or private. "(15) Transporter' means a person who transports lowlevel radioactive waste. Establishment. Records. Records. "ARTICLE III. THE COMMISSION "SEC. 3.01. There is hereby established the Texas Low-Level Radioactive Waste Disposal Compact Commission. The commission shall consist of one voting member from each party state except that the host state shall be entitled to six voting members. Commission members shall be appointed by the party state governors, as provided by the laws of each party state. Each party state may provide alternates for each appomted member. "SEC. 3.02. A quorum of the commission consists of a majority of the members. Except as otherwise provided in this compact, an official act of the commission must receive the affirmative vote of a majority of its members. "SEC. 3.03. The commission is a legal entity separate and distinct from the party states and has governmental immunity to the same extent as an entity created under the authority of Article XVI, Section 59, of the Texas Constitution. Members of the commission shall not be personally Uable for actions taken in their officieQ capacity. The Uabilities of the commission shall not be deemed liabilities of the party states. "SEC. 3.04. The commission shall: "(1) Compensate its members according to the host state's law. "(2) Conduct its business, hold meetings, and maintain public records pursuant to laws of the host state, except that notice of public meetings shall be given in the non-host party states in accordance with their respective statutes. "(3) Be located in the capital city of the host state. "(4) Meet at least once a year and upon the call of the chair, or any member. The governor of the host state shall • appoint a chair and vice-chair. "(5) Keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the commission. "(6) Approve a budget each year and establish a fiscal year that conforms to the fiscal year of the host state.

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