Date of enactment: December 6, 1995
1995 Senate Bill 332 Date of publication*: December 20, 1995
* Section 991.11, Wisconsin Statutes 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1995 WISCONSIN ACT 115
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 14.81 (3) (f), 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
115,1 Section 1. 14.81 (2) (b) of the statutes is amended to read:
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).
115,2 Section 2. 14.81 (2) (c) 1. of the statutes is amended to read:
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).
115,3 Section 3. 14.81 (3) (intro.) of the statutes is amended to read:
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:
115,4 Section 4. 14.81 (3) (a) of the statutes is amended to read:
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.
115,4m Section 4m. 14.81 (3) (f) of the statutes is created to read:
14.81 (3) (f) Promote the right of this state under s. 16.11 (5) (b) to have all low-level radioactive wastes generated within its borders, including low-level radioactive wastes generated at the La Crosse boiling water reactor constructed under section 109 of P.L. 87-315, disposed of at compact facilities, as defined in s. 16.11 (2) (d), or any noncompact facility made available by an agreement entered into under s. 16.11 (3) (h) 6.
115,5 Section 5. 16.11 (1) (a) (intro.) of the statutes is amended to read:
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:
115,6 Section 6. 16.11 (1) (a) 2. of the statutes is amended to read:
16.11 (1) (a) 2. Providing sufficient facilities for the proper management disposal of low-level radioactive waste generated in the region;
115,7 Section 7. 16.11 (1) (a) 4. of the statutes is amended to read:
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;
115,8 Section 8. 16.11 (1) (a) 5. of the statutes is amended to read:
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;
115,9 Section 9. 16.11 (1) (a) 6. of the statutes is amended to read:
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
115,10 Section 10. 16.11 (1) (a) 7. of the statutes is renumbered 16.11 (1) (a) 9. and amended to read:
16.11 (1) (a) 9. Ensuring the ecological and environmentally sound, economical management and secure disposal of low-level radioactive wastes.
115,11 Section 11. 16.11 (1) (a) 7. and 8. of the statutes are created to read:
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;
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
115,12 Section 12. 16.11 (2) (a) of the statutes is amended to read:
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.
115,13 Section 13. 16.11 (2) (b) of the statutes is renumbered 16.11 (2) (c).
115,14 Section 14. 16.11 (2) (b) of the statutes is created to read:
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.
115,15 Section 15. 16.11 (2) (c) of the statutes is repealed.
115,16 Section 16. 16.11 (2) (d) of the statutes is renumbered 16.11 (2) (f) and amended to read:
16.11 (2) (f) "Disposal", with regard to low-level radioactive waste, means the permanent isolation of that waste from the biosphere in a permanent facility designed for that purpose in accordance with the requirements established by the U.S. nuclear regulatory commission or the licensing agreement state.
115,17 Section 17. 16.11 (2) (d) of the statutes is created to read:
16.11 (2) (d) "Compact facility" means a waste disposal facility that is located within the region and that is established by a party state pursuant to the designation of that state as a host state by the commission.
115,18 Section 18. 16.11 (2) (e) of the statutes is repealed and recreated to read:
16.11 (2) (e) "Development" includes the characterization of potential sites for a waste disposal facility, siting of such a facility, licensing of such a facility, and other actions taken by a host state prior to the commencement of construction of such a facility to fulfill its obligations as a host state.
115,19 Section 19. 16.11 (2) (f) of the statutes is renumbered 16.11 (2) (h) and amended to read:
16.11 (2) (h) "Facility" means a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is or has been used or is being developed for the treatment, storage or disposal of low-level radioactive waste, which is being developed for that purpose or upon which the construction of improvements or installation of equipment is occurring for that purpose.
115,20 Section 20. 16.11 (2) (g) of the statutes is renumbered 16.11 (2) (j) and amended to read:
16.11 (2) (j) "Generator" means a person who first produces or possesses low-level radioactive waste , including, without limitation, any person who does so in the course of or incident to manufacturing, power generation, processing, waste treatment, waste storage, medical diagnosis and treatment, research or other industrial or commercial activity and who, to the extent required by law, is licensed by the U.S. nuclear regulatory commission or a party state, to produce or possess such waste. "Generator" does not include a person who provides a service by arranging for the collection, transportation, treatment, storage or disposal of wastes generated outside the region. If the person who first produced an item or quantity of waste cannot be identified, "generator" means the person first possessing the waste who can be identified.
115,21 Section 21. 16.11 (2) (g) of the statutes is created to read:
16.11 (2) (g) "Disposal plan" means the plan adopted by the commission for the disposal of waste within the region.
115,22 Section 22. 16.11 (2) (h) of the statutes is renumbered 16.11 (2) (k) and amended to read:
16.11 (2) (k) "Host state" means any state which is designated by the commission to host a regional compact facility or has hosted a compact facility.
115,23 Section 23. 16.11 (2) (i) of the statutes is renumbered 16.11 (2) (m) and amended to read:
16.11 (2) (m) "Low-level radioactive waste" or "waste" means radioactive waste that is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material as defined in section 11e. (2) of the atomic energy act of 1954 and that is class A, B or C low-level radioactive waste as defined in 10 CFR 61.55, as that section existed on January 26, 1983. "Low-level radioactive waste" or "waste" does not include any such radioactive waste that is owned or generated by the U.S. department of energy or by the U.S. navy as a result of the decommissioning of its vessels; or as a result of any research, development, testing or production of any atomic weapon.
115,24 Section 24. 16.11 (2) (i) of the statutes is created to read:
16.11 (2) (i) "Final decision" means a final action of the commission determining the legal rights, duties or privileges of any person. "Final decision" does not include preliminary, procedural or intermediate actions by the commission, actions regulating the internal administration of the commission or actions of the commission to enter into or refrain from entering into contracts or agreements with vendors to provide goods or services to the commission.
115,25 Section 25. 16.11 (2) (j) of the statutes is repealed.
115,26 Section 26. 16.11 (2) (k) of the statutes is renumbered 16.11 (2) (o) and amended to read:
16.11 (2) (o) "Party state" means any eligible state which that enacts the this compact into law, pays any eligibility fee established by the commission, and has not withdrawn from this compact or had its membership in this compact revoked, provided that a state that has withdrawn from this compact or had its membership revoked again becomes a party state if it is readmitted to membership in this compact pursuant to sub. (8) (a). "Party state" includes any host state. "Party state" also includes any statutorily created administrative departments, agencies or instrumentalities of a party state, but does not include municipal corporations, regional or local units of government or other political subdivisions of a party state that are responsible for governmental activities on less than a statewide basis.
115,27 Section 27. 16.11 (2) (L) of the statutes is renumbered 16.11 (2) (p) and amended to read:
16.11 (2) (p) "Person" means any individual, corporation, association, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, association, business enterprise or other legal entity. "Person" also includes the United States, states, political subdivisions of states and any department, agency or instrumentality of the United States or a state.
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