                                 CODE OF VIRGINIA

FORM OF COMPACT (§ 2.2-5600)

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby
enters into, the Southern States Energy Compact with any and all states legally
joining therein according to its terms, in the form 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
the acquisition of energy resources and facilities require 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&#8217;s
people.
		Article II. The Board.

A. There is created an agency of the party states to be known as the
&#8220;Southern States Energy Board&#8221; (hereinafter called the Board). The
Board shall be composed of three members 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 member
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 provisions 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 member or member&#8217;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&#8217;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
full-time 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 of its 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&#8217;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, 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, installation, 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 application 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 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 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 any 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 or 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.

HISTORY: 1962, c. 364, § 2-306; 1966, c. 677, § 2.1-336; 1979, c. 295; 2001,
c. 844.