AB559, s. 46 19Section 46. 16.11 (3) (h) 7. of the statutes is created to read:
AB559,13,2420 16.11 (3) (h) 7. Authorize a host state to permanently close a compact facility
21located within its borders earlier than otherwise would be required by sub. (6) (i).
22Such a closing requires the affirmative vote of a majority of the commission,
23including the affirmative vote of the member from the state in which the affected
24compact facility is located.
AB559, s. 47 25Section 47. 16.11 (3) (i) (intro.) of the statutes is amended to read:
AB559,14,1
116.11 (3) (i) (intro.) The commission shall do all of the following:
AB559, s. 48 2Section 48. 16.11 (3) (i) 1. of the statutes is repealed.
AB559, s. 49 3Section 49. 16.11 (3) (i) 2. of the statutes is renumbered 16.11 (3) (i) 1.
AB559, s. 50 4Section 50. 16.11 (3) (i) 3. of the statutes is repealed.
AB559, s. 51 5Section 51. 16.11 (3) (i) 4. of the statutes is renumbered 16.11 (3) (i) 2. and
6amended to read:
AB559,14,107 16.11 (3) (i) 2. Adopt and amend, by a two-thirds vote of the membership, in
8accordance with the procedures and criteria developed pursuant to sub. (4), a
9regional management disposal plan which designates host states for the
10establishment of needed regional compact facilities.
AB559, s. 52 11Section 52. 16.11 (3) (i) 4. of the statutes is created to read:
AB559,14,1812 16.11 (3) (i) 4. Establish and implement a procedure for determining the
13capacity of a compact facility. The capacity of a compact facility shall be established
14as soon as reasonably practical after the host state of the facility is designated and
15shall not be changed thereafter without the consent of the host state. The capacity
16of a compact facility shall be based on the projected volume or radioactive
17characteristics, or both, of the waste to be disposed of at the facility during the period
18set forth in sub. (6) (i).
AB559, s. 53 19Section 53. 16.11 (3) (i) 5. of the statutes is renumbered 16.11 (3) (i) 3.
AB559, s. 54 20Section 54. 16.11 (3) (i) 5. to 10. of the statutes are created to read:
AB559,14,2321 16.11 (3) (i) 5. Provide a host state with funds necessary to pay reasonable
22development expenses incurred by the host state after it is designated to host a
23compact facility.
AB559,14,2524 6. Establish and implement procedures for making payments from the
25remedial action fund provided for in par. (p).
AB559,15,3
17. Establish and implement procedures to investigate any complaint jointed in
2by 2 or more party states regarding another party state's performance of its
3obligations under this compact.
AB559,15,64 8. Adopt policies promoting source reduction and the environmentally sound
5treatment of waste in order to minimize the amount of waste to be disposed of at
6compact facilities.
AB559,15,107 9. Establish and implement procedures for obtaining information from
8generators regarding the volume and characteristics of waste projected to be
9disposed of at compact facilities and regarding generator activities with respect to
10source reduction, recycling and treatment of waste.
AB559,15,1211 10. Prepare annual reports regarding the volume and characteristics of waste
12projected to be disposed of at compact facilities.
AB559, s. 55 13Section 55. 16.11 (3) (j) (intro.) of the statutes is amended to read:
AB559,15,1514 16.11 (3) (j) (intro.) Funding of the budget of for the commission shall be
15provided as follows:
AB559, s. 56 16Section 56. 16.11 (3) (j) 1. and 2. of the statutes are repealed and recreated to
17read:
AB559,15,2518 16.11 (3) (j) 1. When no compact facility is operating, the commission may
19assess fees to be collected from generators of waste in the region. The fees shall be
20reasonable and equitable. The commission shall establish and implement
21procedures for assessing and collecting the fees. The procedures may allow the
22assessing of fees against less than all generators of waste in the region; provided that
23if fees are assessed against less than all generators of waste in the region, generators
24paying the fees shall be reimbursed the amount of the fees, with reasonable interest,
25out of the revenues of operating compact facilities.
AB559,16,4
12. When a compact facility is operating, funding for the commission shall be
2provided through a surcharge collected by the host state as part of the fee system
3provided for in sub. (6) (j). The surcharge to be collected by the host state shall be
4determined by the commission and shall be reasonable and equitable.
AB559, s. 57 5Section 57. 16.11 (3) (j) 3. of the statutes is created to read:
AB559,16,76 16.11 (3) (j) 3. In the aggregate, the fees or surcharges, as the case may be, shall
7be no more than is necessary to:
AB559,16,88 a. Cover the annual budget of the commission.
AB559,16,109 b. Provide a host state with the funds necessary to pay reasonable development
10expenses incurred by the host state after it is designated to host a compact facility.
AB559,16,1211 c. Provide moneys for deposit in the remedial action fund established pursuant
12to par. (p).
AB559,16,1413 d. Provide moneys to be added to an inadequately funding long-term care fund
14as provided in sub. (6) (o).
AB559, s. 58 15Section 58. 16.11 (3) (k) of the statutes is amended to read:
AB559,16,2216 16.11 (3) (k) The commission shall keep accurate accounts of all receipts and
17disbursements.
Financial statements of the commission shall be prepared according
18to generally accepted accounting principles.
The commission shall contract with an
19independent certified public accountant to annually audit all receipts and
20disbursements of commission funds
its financial statements and to submit an audit
21report to the commission. The audit report shall be made a part of the annual report
22of the commission required by this subsection.
AB559, s. 59 23Section 59. 16.11 (3) (m) of the statutes is repealed.
AB559, s. 60 24Section 60. 16.11 (3) (n) of the statutes is created to read:
AB559,17,2
116.11 (3) (n) Final decisions of the commission shall be made, and shall be
2subject to judicial review, in accordance with all of the following conditions:
AB559,17,63 1. Every final decision shall be made at an open meeting of the commission.
4Before making a final decision, the commission shall provide an opportunity for
5public comment on the matter to be decided. Each final decision shall be reduced to
6writing and shall set forth the commission's reasons for making the decision.
AB559,17,87 2. Before making a final decision, the commission may conduct an adjudicatory
8hearing on the proposed decision.
AB559,17,209 3. Judicial review of a final decision shall be initiated by filing a petition in the
10U.S. district court for the district in which the person seeking the review resides or
11in which the commission's office is located not later than 60 days after issuance of the
12commission's written decision. Concurrently with filing the petition for review with
13the court, the petitioner shall serve a copy of the petition on the commission. Within
145 days after receiving a copy of the petition, the commission shall mail a copy of it
15to each party state and to all other persons who have notified the commission of their
16desire to receive copies of such petitions. Any failure of the commission to so mail
17copies of the petition does not affect the jurisdiction of the reviewing court. Except
18as otherwise provided in this subdivision, standing to obtain judicial review of final
19decisions of the commission and the form and scope of the review are subject to and
20governed by 5 USC 706.
AB559,17,2421 4. If a party state seeks judicial review of a final decision of the commission that
22does any of the following, the facts shall be subject to trial de novo by the reviewing
23court unless trial de novo of the facts is affirmatively waived in writing by the party
24state:
AB559,17,2525 a. Imposes financial penalties on a party state.
AB559,18,3
1b. Suspends the right of a party state to have waste generated within its
2borders disposed of at a compact facility or at a noncompact facility made available
3to the region by an agreement entered into by the commission under par. (h) 6.
AB559,18,44 c. Terminates the designation of a party state as a host state.
AB559,18,55 d. Revokes the membership of a party state in this compact.
AB559,18,86 e. Establishes the amounts of money that a party state that has withdrawn
7from this compact or had its membership in this compact revoked is required to pay
8under sub. (8) (e).
AB559,18,109 4m. Any trial de novo under subd. 4. of the facts shall be governed by the federal
10rules of civil procedure and the federal rules of evidence.
AB559,18,1311 5. Preliminary, procedural or intermediate actions by the commission that
12precede a final decision are subject to review only in conjunction with review of the
13final decision.
AB559,18,1514 6. Except as provided in subd. 5., actions of the commission that are not final
15decisions are not subject to judicial review.
AB559, s. 61 16Section 61. 16.11 (3) (n) 1. of the statutes is renumbered 16.11 (3) (m) and
17amended to read:
AB559,19,318 16.11 (3) (m) The commission is a legal entity separate and distinct from the
19party states and is liable for its actions as a separate and distinct legal entity.
20Liabilities of the commission are not liabilities of the party states
. Members of the
21commission and its employes are not personally liable for actions taken by them in
22their official capacity. The commission is not liable or otherwise responsible for any
23costs, expenses or liabilities resulting from the development, construction,
24operation, regulation, closing or long-term care of any compact facility or any
25noncompact facility made available to the region by any contract or agreement

1entered into by the commission under par. (h) 6. Nothing in this paragraph relieves
2the commission of its obligations under this subsection or under contracts to which
3it is a party. Any liabilities of the commission are not liabilities of the party states.
AB559, s. 62 4Section 62. 16.11 (3) (n) 2. of the statutes is repealed.
AB559, s. 63 5Section 63. 16.11 (3) (o) of the statutes is repealed and recreated to read:
AB559,19,96 16.11 (3) (o) Unless approved by a majority of the commission, with the member
7from each host state in which an affected compact facility is operating or is being
8developed or constructed voting in the affirmative, no person shall do any of the
9following:
AB559,19,1110 1. Import waste generated outside the region for management within the
11region.
AB559,19,1212 2. Export waste generated within the region for disposal outside the region.
AB559,19,1313 3. Manage waste generated outside the region at a facility within the region.
AB559,19,1514 4. Dispose of waste generated within the region at a facility within the region
15that is not a compact facility.
AB559, s. 64 16Section 64. 16.11 (3) (p) to (r) of the statutes are created to read:
AB559,20,717 16.11 (3) (p) The commission shall establish a remedial action fund to pay the
18costs of reasonable remedial actions taken by a party state if an event results from
19the development, construction, operation, closing or long-term care of a compact
20facility that poses a threat to human health, safety or welfare or to the environment.
21The amount of the remedial action fund shall be adequate to pay the costs of all
22reasonably foreseeable remedial actions. A party state shall notify the commission
23as soon as reasonably practical after the occurrence of any event that may require
24the party state to take a remedial action. The failure of a party state to so notify the
25commission does not limit the rights of the party state under this paragraph. If the

1moneys in the remedial action fund are inadequate to pay the costs of reasonable
2remedial actions, the amount of the deficiency is a liability with respect to which
3generators shall provide indemnification under sub. (7) (g). Generators who provide
4the required indemnification have the rights of contribution provided in sub. (7) (g).
5This paragraph applies to any remedial action taken by a party state regardless of
6whether the party state takes the remedial action on its own initiative or because it
7is required to do so by a court or regulatory agency of competent jurisdiction.
AB559,20,138 (q) If the commission makes payment from the remedial action fund provided
9for in par. (p), the commission is entitled to obtain reimbursement under applicable
10rules of law from any person who is responsible for the event giving rise to the
11remedial action. Such reimbursement may be obtained from a party state only if the
12event giving rise to the remedial action resulted from the activities of that party state
13as a generator of waste.
AB559,20,1814 (r) If this compact is dissolved, all moneys held by the commission shall be used
15first to pay for any ongoing or reasonably anticipated remedial actions. Any
16remaining moneys shall be distributed in a fair and equitable manner to those party
17states that have operating or closed compact facilities within their borders and shall
18be added to the long-term care funds maintained by those party states.
AB559, s. 65 19Section 65. 16.11 (4) (intro.) and (a) of the statutes are amended to read:
AB559,20,2420 16.11 (4) (title) Article IV - Regional Management Disposal Plan. (intro.)
21The commission shall adopt and periodically update a regional management
22disposal plan designed to ensure the safe and efficient management disposal of waste
23generated within the region. In adopting a regional waste management disposal
24plan the commission shall do all of the following:
AB559,21,4
1(a) Adopt procedures for determining, consistent with considerations for public
2health and safety, the type and number of regional compact facilities which are
3presently necessary and which are projected to be necessary to manage dispose of
4waste generated within the region;
AB559, s. 66 5Section 66. 16.11 (4) (b) of the statutes is repealed.
AB559, s. 67 6Section 67. 16.11 (4) (b) 6. of the statutes is created to read:
AB559,21,77 16.11 (4) (b) 6. The economic impacts on the party states.
AB559, s. 68 8Section 68. 16.11 (4) (c) of the statutes is renumbered 16.11 (4) (b), and 16.11
9(4) (b) (intro.), 2., 4. and 5., as renumbered, are amended to read:
AB559,21,1210 16.11 (4) (b) (intro.) Develop and adopt procedures and criteria for identifying
11a party state as a host state for a regional compact facility. In developing these
12criteria, the commission shall consider all of the following:
AB559,21,1313 2. The existence of regional compact facilities within each party state.
AB559,21,1514 4. The volumes and types of wastes projected to be generated within each party
15state.
AB559,21,1716 5. The environmental, economic and ecological impacts on the air, land and
17water resources of the party states.
AB559, s. 69 18Section 69. 16.11 (4) (d) of the statutes is renumbered 16.11 (4) (c) and
19amended to read:
AB559,21,2220 16.11 (4) (c) Conduct such hearings and obtain such reports, studies, evidence
21and testimony required by its approved procedures prior to identifying a party state
22as a host state for a needed regional compact facility;
AB559, s. 70 23Section 70. 16.11 (4) (e) of the statutes is renumbered 16.11 (4) (d) and
24amended to read:
AB559,22,7
116.11 (4) (d) Prepare a draft management disposal plan and any update
2thereof
, including procedures, criteria and host states, including alternatives, which
3shall be made available in a convenient form to the public for comment. Upon the
4request of a party state, the commission shall conduct a public hearing in that state
5prior to the adoption or update of the management disposal plan. The management
6disposal plan and any update thereof shall include the commission's response to
7public and party state comment.
AB559, s. 71 8Section 71. 16.11 (5) (b) of the statutes is amended to read:
AB559,22,199 16.11 (5) (b) Each Except for waste attributable to radioactive material or
10waste imported into the region in order to render the material or waste amenable to
11transportation, storage, disposal or recovery, or in order to convert the waste or
12material to another usable material, or to reduce it in volume or otherwise treat it,
13each
party state has the right to have all wastes generated within its borders
14managed disposed of at regional compact facilities subject to the payment of all fees
15established by the host state under sub. (6) (j) and to
the provisions contained in sub.
16subs. (6) (L) and (s), (8) (d), (9) (c) (d) and (10). All party states have an equal right
17of access to any facility made available to the region by any agreement entered into
18by the commission pursuant to sub. (3) (h) 6., subject to the provisions of subs. (6) (L)
19and (s), (8) (d) and (10)
.
AB559, s. 72 20Section 72. 16.11 (5) (c) of the statutes is repealed and recreated to read:
AB559,22,2521 16.11 (5) (c) If a party state's right to have waste generated within its borders
22disposed of at compact facilities, or at any noncompact facility made available to the
23region by an agreement entered into by the commission under sub. (3) (h) 6., is
24suspended, no waste generated within its borders by any person shall be disposed of
25at any such facility during the period of the suspension.
AB559, s. 73
1Section 73. 16.11 (5) (f) and (g) of the statutes are created to read:
AB559,23,152 16.11 (5) (f) If, notwithstanding the sovereign immunity provision in sub. (7)
3(f) 1. and the indemnification provided for in subs. (3) (p), (6) (o) and (7) (g), a party
4state incurs a cost as a result of an inadequate remedial action fund or an exhausted
5long-term care fund, or incurs a liability as a result of an action described in sub. (7)
6(f) 1. and not described in sub. (7) (f) 2., the cost or liability shall be the pro rata
7obligation of each party state and each state that has withdrawn from this compact
8or had its membership in this compact revoked. The commission shall determine
9each state's pro rata obligation in a fair and equitable manner based on the amount
10of waste from each such state that has been or is projected to be disposed of at the
11compact facility with respect to which the cost or liability to be shared was incurred.
12No state shall be obligated to pay the pro rata obligation of any other state. The pro
13rata obligations provided for in this paragraph do not result in the creation of state
14debt. Rather, the pro rata obligations are contractual obligations that shall be
15enforced by only the commission or an affected party state.
AB559,23,1916 (g) If the party states make payment pursuant to par. (f), the surcharge or fee
17provided for in sub. (3) (j) shall be used to collect the funds necessary to reimburse
18the party states for those payments. The commission shall determine the time period
19over which reimbursement shall take place.
AB559, s. 74 20Section 74. 16.11 (6) (title) and (a) to (c) of the statutes are amended to read:
AB559,23,2421 16.11 (6) (title) Article VI - Development and, Operation and Closing of
22Compact Facilities. (a) Any party state may volunteer to become a host state and
23the commission may designate that state as a host state upon a two-thirds vote of
24its members
.
AB559,24,3
1(b) If not all regional compact facilities required by the regional management
2disposal plan are not developed pursuant to par. (a) or upon notification that an
3existing regional facility will be closed
, the commission may designate a host state.
AB559,24,164 (c) Each party After a state is designated as a host state by the commission, the
5state
is responsible for determining possible facility locations within its borders. The
6selection of a facility site shall not conflict with applicable federal and host state laws,
7regulations and rules not inconsistent with this compact and shall be based on
8factors including, but not limited to, geological, environmental and economic
9viability of possible facility locations
the timely development and operation of the
10compact facility it is designated to host. The development and operation of the
11compact facility shall not conflict with applicable federal and host state laws, rules
12and regulations, provided that the laws, rules and regulations of a host state and its
13political subdivisions shall not prevent, nor shall they be applied so as to prevent, the
14host state's discharge of the obligation set forth in this paragraph. The obligation set
15forth in this paragraph is contingent upon the discharge by the commission of its
16obligation set forth in sub. (3) (i) 5
.
AB559, s. 75 17Section 75. 16.11 (6) (d) of the statutes is renumbered 16.11 (6) (e) and
18amended to read:
AB559,25,1319 16.11 (6) (e) Any party state designated as a host state may request the
20commission to relieve that state of the responsibility to serve as a host state. The
21Except as set forth in par. (d), the commission may relieve a party state of this its
22responsibility only upon a showing by the requesting party state that , based upon
23criteria established by the commission that are consistent with any applicable
24federal criteria,
no feasible potential regional compact facility site of the type it is
25designated to host
exists within its borders. A party state relieved of its host state

1responsibility shall repay to the commission any funds provided to that state by the
2commission for the development of a compact facility and also shall pay to the
3commission the amount the commission determines is necessary to ensure that the
4commission and the other party states do not incur financial loss as a result of the
5state being relieved of its host state responsibility. Any funds so paid to the
6commission with respect to the financial loss of the other party states shall be
7distributed forthwith by the commission to the party states that would otherwise
8incur the loss. In addition, until the state relieved of its responsibility is again
9designated as a host state and a compact facility is located in that state begins
10operating, it shall annually pay to the commission, for deposit in the remedial action
11fund, an amount the commission determines is fair and equitable in light of the fact
12the state has been relieved of the responsibility to host a compact facility but
13continues to enjoy the benefits of being a member of this compact.
AB559, s. 76 14Section 76. 16.11 (6) (d) of the statutes is created to read:
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