AB559: Bill Text

LRB-4217/3

RCT:kmg:mkd

1995 - 1996 LEGISLATURE

1995 Assembly BILL 559

September 12, 1995 - Introduced by Representatives Duff and Bock, cosponsored by Senators Cowles, Burke and Farrow, by request of Governor Tommy G. Thompson. Referred to Committee on Environment and Utilities.

AB559,2,8 An Act to repeal 16.11 (2) (c), 16.11 (2) (j), 16.11 (3) (h) 1. and 2., 16.11 (3) (i) 1., 16.11 (3) (i) 3., 16.11 (3) (m), 16.11 (3) (n) 2., 16.11 (4) (b), 16.11 (6) (e), 16.11 (6) (h), 16.11 (6) (m), 16.11 (8) (a) and 16.11 (8) (c); to renumber 16.11 (2) (b), 16.11 (2) (m), 16.11 (2) (o), 16.11 (2) (p), 16.11 (2) (r), 16.11 (3) (h) 3., 16.11 (3) (h) 5., 16.11 (3) (i) 2., 16.11 (3) (i) 5., 16.11 (8) (d) and 16.11 (9) (d); to renumber and amend 16.11 (1) (a) 7., 16.11 (2) (d), 16.11 (2) (f), 16.11 (2) (g), 16.11 (2) (h), 16.11 (2) (i), 16.11 (2) (k), 16.11 (2) (L), 16.11 (2) (q), 16.11 (2) (s), 16.11 (3) (h) 4., 16.11 (3) (i) 4., 16.11 (3) (n) 1., 16.11 (4) (c), 16.11 (4) (d), 16.11 (4) (e), 16.11 (6) (d), 16.11 (6) (f), 16.11 (6) (i), 16.11 (6) (j), 16.11 (6) (k), 16.11 (8) (b), 16.11 (8) (e), 16.11 (8) (f) and 16.11 (9) (c); to amend 14.81 (2) (b), 14.81 (2) (c) 1., 14.81 (3) (intro.), 14.81 (3) (a), 16.11 (1) (a) (intro.), 16.11 (1) (a) 2., 16.11 (1) (a) 4., 16.11 (1) (a) 5., 16.11 (1) (a) 6., 16.11 (2) (a), 16.11 (3) (b) to (d), 16.11 (3) (g), 16.11 (3) (h) (intro.), 16.11 (3) (i) (intro.), 16.11 (3) (j) (intro.), 16.11 (3) (k), 16.11 (4) (intro.) and (a), 16.11 (5) (b), 16.11 (6) (title) and (a) to (c), 16.11 (7) (a) 3., 16.11 (7) (a) 6., 16.11 (7) (a) 7., 16.11 (7) (b) and (c), 16.11 (8) (title), 16.11 (8) (g), 16.11 (8) (h), 16.11 (9) (title), 16.11 (10), 16.115 (2), 16.12 (2), 16.13 and 144.463 (1); to repeal and recreate 16.11 (2) (e), 16.11 (2) (n), 16.11 (3) (h) 6., 16.11 (3) (j) 1. and 2., 16.11 (3) (o), 16.11 (5) (c), 16.11 (6) (g), 16.11 (6) (L), 16.11 (7) (a) 9., 16.11 (8) (i) and 16.11 (9) (b); and to create 16.11 (1) (a) 7. and 8., 16.11 (2) (b), 16.11 (2) (d), 16.11 (2) (g), 16.11 (2) (i), 16.11 (2) (L), 16.11 (3) (h) 4., 16.11 (3) (h) 5., 16.11 (3) (h) 7., 16.11 (3) (i) 4., 16.11 (3) (i) 5. to 10., 16.11 (3) (j) 3., 16.11 (3) (n), 16.11 (3) (p) to (r), 16.11 (4) (b) 6., 16.11 (5) (f) and (g), 16.11 (6) (d), 16.11 (6) (f), 16.11 (6) (i), 16.11 (6) (n) to (t), 16.11 (7) (d) to (h), 16.11 (8) (e), 16.11 (8) (f), 16.11 (8) (j), 16.11 (9) (c) and 16.11 (9) (f) of the statutes; relating to: the midwest interstate low-level radioactive waste compact.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes in the midwest interstate low-level radioactive waste compact (compact). The compact provides for the establishment and operation of facilities for the disposal of low-level radioactive waste generated within the states that are parties to the compact. The decision-making body for the compact is the midwest interstate low-level radioactive waste commission (commission). Under federal law, a state must provide for the disposal of low-level radioactive waste generated within the state, either by itself or as part of an interstate body.

Under current law, unless a state volunteers to host a disposal facility, the commission designates a host state. Designation as a host state is for 20 years or the life of the disposal facility, whichever is longer. Once a disposal facility is operating (currently, none has begun to operate), designation of the next host state will happen 5 years before that facility closes. The new host state is then responsible for the timely development and operation of a disposal facility.

Under this bill, a host state must accept waste for 20 years or the life of the disposal facility, as established by the commission, whichever is shorter. Designation of the next host state takes place before the disposal facility in the preceding host state begins to operate. The next host state must meet deadlines for siting and licensing of a disposal facility and for the facility to begin operating. If the next host state fails to meet these deadlines, low-level radioactive waste generated in that state may not be disposed of at the regional disposal facility. Under the bill, once a party state has hosted a disposal facility, it may not again be required to host a facility until all of the other party states have hosted a facility.

Under current law, any party state may withdraw from the compact, but the withdrawal does not take effect until 5 years from when the state gives notice of intent to withdraw, except that a state that has been designated a host state has 90 days from the designation during which it may withdraw without waiting 5 years.

Under this bill, a state may withdraw from the compact only if it has taken its turn at hosting a disposal facility or has been relieved of the obligation to host a facility after the commission determines that there is no suitable site in the state. In addition, the withdrawing state must pay to the commission an amount that the commission determines is necessary to ensure that the then current host state does not incur a financial loss.

The bill requires the commission to establish a remedial action fund to pay the costs incurred by a party state because of an event that results from the development, operation, closing or long-term care of a compact facility that threatens human health, safety or welfare or the environment. The bill also requires each host state of a disposal facility to establish a long-term care fund to pay for monitoring, security, maintenance and repair of the facility after it has closed.

The current compact authorizes a host state to establish a fee system for any compact facility located within the state to cover costs including the planning, siting, licensure, operation, closure and extended care of the facility. The compact requires a host state to levy surcharges on users of the facility to cover the annual budget of the commission.

This bill requires a host state to establish a system of fees to be collected from the users of a regional disposal facility located within the state. The fee system must provide the host state with revenue to pay costs associated with the facility including operation, closing, long-term care, local impact assistance and local financial incentives. The commission must approve the fee system. The fee system is also used to collect the surcharge that provides funding for the commission, including funds to pay a state designated to host a disposal facility for costs incurred in developing the facility and moneys for the remedial action fund. Under this bill, when no compact facility is operating, the commission may impose fees on generators of low-level radioactive waste within party states for the commission's operating costs.

This bill includes provisions to limit the liability of host states and other party states and provides for indemnification by waste generators for most liability and other costs that might be imposed on the states.

Under current law, a party state that fails to comply with the terms of the compact may have its privileges suspended or its membership in the compact revoked. This bill also authorizes the commission to impose financial penalties on a state that fails to comply.

Among other changes concerning the operation of the commission, this bill provides a state hosting an operating compact facility with a veto over certain decisions such as the decision to revoke the membership of the state designated to host the next compact facility.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB559, s. 1 Section 1. 14.81 (2) (b) of the statutes is amended to read:

AB559,4,3 14.81 (2) (b) Request the commission to conduct a public hearing on the draft management disposal plan under s. 16.11 (4) (e) (d).

AB559, s. 2 Section 2. 14.81 (2) (c) 1. of the statutes is amended to read:

AB559,4,6 14.81 (2) (c) 1. The commission proposes to designate this state as a host state for a facility, as defined under in s. 16.11 (2) (f) (h).

AB559, s. 3 Section 3. 14.81 (3) (intro.) of the statutes is amended to read:

AB559,4,10 14.81 (3) (intro.) In negotiating and developing the bylaws, management disposal plan and other appropriate documents as a member of the commission, the commission member representing this state shall:

AB559, s. 4 Section 4. 14.81 (3) (a) of the statutes is amended to read:

AB559,4,14 14.81 (3) (a) Promote this state's interest in including insurance requirements and an extended care and long-term liability fund as a part of the management disposal plan or other appropriate documents.

AB559, s. 5 Section 5. 16.11 (1) (a) (intro.) of the statutes is amended to read:

AB559,5,7 16.11 (1) (a) (intro.) There is created the midwest interstate low-level radioactive waste compact. The states party to this compact recognize that the congress of the United States, by enacting the low-level radioactive waste policy act "The Low-Level Radioactive Waste Policy Act", as amended by the "Low-Level Radioactive Waste Policy Amendments Act of 1985", 42 USC 2021 2021b to 2021j, has provided for and encouraged the development of low-level radioactive waste compacts as a tool for managing disposing of such waste. The party states acknowledge that the congress declared that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of certain defense activities of the federal government or federal research and development activities. The party states also recognize that the management disposal of low-level radioactive waste is handled most efficiently on a regional basis and that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage dispose of such waste be properly provided. It is the policy of the party states to enter into a regional low-level radioactive waste management disposal compact for the purpose of:

AB559, s. 6 Section 6. 16.11 (1) (a) 2. of the statutes is amended to read:

AB559,5,10 16.11 (1) (a) 2. Providing sufficient facilities for the proper management disposal of low-level radioactive waste generated in the region;

AB559, s. 7 Section 7. 16.11 (1) (a) 4. of the statutes is amended to read:

AB559,5,13 16.11 (1) (a) 4. Limiting the number of facilities required to effectively and efficiently manage dispose of low-level radioactive waste generated in the region;

AB559, s. 8 Section 8. 16.11 (1) (a) 5. of the statutes is amended to read:

AB559,5,17 16.11 (1) (a) 5. Encouraging the source reduction of the amounts of low-level radioactive waste generated in the region and the environmentally sound treatment of waste that is generated to minimize the amount of waste to be disposed of;

AB559, s. 9 Section 9. 16.11 (1) (a) 6. of the statutes is amended to read:

AB559,5,23 16.11 (1) (a) 6. Distributing Ensuring that the costs, benefits expenses, liabilities and obligations of successful low-level radioactive waste management equitably among the party states and among disposal are paid by generators and other persons who use regional compact facilities to manage dispose of their waste; and

AB559, s. 10 Section 10. 16.11 (1) (a) 7. of the statutes is renumbered 16.11 (1) (a) 9. and amended to read:

AB559,6,2 16.11 (1) (a) 9. Ensuring the ecological and environmentally sound, economical management and secure disposal of low-level radioactive wastes.

AB559, s. 11 Section 11. 16.11 (1) (a) 7. and 8. of the statutes are created to read:

AB559,6,6 16.11 (1) (a) 7. Ensuring that the obligations of low-level radioactive waste disposal that are the responsibility of the party states are shared equitably among them;

AB559,6,9 8. Ensuring that the party states that comply with the terms of this compact and fulfill their obligations under it share equitably in the benefits of the successful disposal of low-level radioactive waste; and

AB559, s. 12 Section 12. 16.11 (2) (a) of the statutes is amended to read:

AB559,6,15 16.11 (2) (a) "Care" means the continued observation of a facility after closure closing for the purposes of detecting a need for maintenance, ensuring environmental safety and determining compliance with applicable licensure and regulatory requirements and includes the correction of problems which are detected as a result of that observation.

AB559, s. 13 Section 13. 16.11 (2) (b) of the statutes is renumbered 16.11 (2) (c).

AB559, s. 14 Section 14. 16.11 (2) (b) of the statutes is created to read:

AB559,6,25 16.11 (2) (b) "Close", "closed" or "closing" means that the compact facility with respect to which any of those terms is used has ceased to accept waste for disposal. "Permanently closed" means that the compact facility with respect to which the term is used has ceased to accept waste because it has operated for 20 years or a longer period of time as authorized by sub. (6) (i), its capacity has been reached, the commission has authorized it to close pursuant to sub. (3) (h) 7., the host state of such facility has withdrawn from the compact or had its membership revoked or this compact has been dissolved.

AB559, s. 15 Section 15. 16.11 (2) (c) of the statutes is repealed.