AB559, s. 101
17Section
101. 16.11 (8) (e) of the statutes is created to read:
AB559,42,1918
16.11
(8) (e) A party state that withdraws from this compact or has its
19membership in the compact revoked before it has fully discharged its obligations
20under sub. (6) forthwith shall repay to the commission the portion of the funds
21provided to that state by the commission for the development, construction,
22operation, closing or long-term care of a compact facility that the commission
23determines is fair and equitable, taking into consideration the period of time the
24compact facility located in that host state was in operation and the amount of waste
25disposed of at the facility. If at any time after a compact facility begins operating a
1party state withdraws from the compact or has its membership revoked, the
2withdrawing or revoked party state shall be obligated forthwith to pay to the
3commission the amount the commission determines would have been paid under the
4fee system established by the host state of the facility to dispose of at the facility the
5estimated volume of waste generated in the withdrawing or revoked party state that
6would have been disposed of at the facility from the time of withdrawal or revocation
7until the time the facility is closed. Any funds so paid to the commission shall be
8distributed by the commission to the persons who would have been entitled to receive
9the funds had they originally been paid to dispose of waste at the facility. Any person
10receiving such funds from the commission shall apply the funds to the purposes to
11which they would have been applied had they originally been paid to dispose of waste
12at the compact facility. In addition, a withdrawing or revoked party state forthwith
13shall pay to the commission an amount the commission determines to be necessary
14to cover all other costs and damages incurred by the commission and the remaining
15party states as a result of the withdrawal or revocation. This paragraph shall be
16construed and applied so as to eliminate any decrease in revenue resulting from
17withdrawal of a party state or revocation of a party state's membership, to eliminate
18financial harm to the remaining party states and to create an incentive for party
19states to continue as members of the compact and to fulfill their obligations.
AB559, s. 102
20Section
102. 16.11 (8) (f) of the statutes is renumbered 16.11 (8) (d) and
21amended to read:
AB559,43,1822
16.11
(8) (d) Any party state
which
that fails to comply with the terms of this
23compact or fails to fulfill its obligations may have
its privileges reasonable financial
24penalties imposed against it, the right to have waste generated within its borders
25disposed of at compact facilities, or any noncompact facility made available to the
1region by any agreement entered into by the commission pursuant to sub. (3) (h) 6., 2suspended or its membership in the compact revoked by
the commission in
3accordance with sub. (3) (h) 6 a two-thirds vote of the commission, provided that the
4membership of the party state designated to host the next compact facility shall not
5be revoked unless the member from the host state of any then-operating compact
6facility votes in the affirmative. Revocation takes effect
one year from on the date
7the affected party state receives written notice from the commission of its action 8specified in the resolution revoking the party state's membership. All legal rights
9of the
affected revoked party state established under this compact
, including, but not
10limited to, the right to have waste generated within its borders disposed of at
11compact facilities, cease upon the effective date of revocation but any legal
12obligations of that party state
arising prior to revocation under this compact,
13including, but not limited to, those set forth in par. (e), continue until they are
14fulfilled. The chairperson of the commission shall transmit written notice of a
15revocation of a party state's membership in the compact
, suspension of a party state's
16waste disposal rights or imposition of financial penalties immediately following the
17vote of the commission to the governor of the affected party state,
all other the 18governors of
all the
other party states and the congress of the United States.
AB559, s. 103
19Section
103. 16.11 (8) (f) of the statutes is created to read:
AB559,43,2520
16.11
(8) (f) Any party state whose right to have waste generated within its
21borders disposed of at compact facilities is suspended by the commission shall pay
22to the host state of the compact facility to which access has been suspended the
23amount that the commission determines is reasonably necessary to ensure that the
24host state, or any political subdivision thereof, does not incur financial loss as a result
25of the suspension of access.
AB559, s. 104
1Section
104. 16.11 (8) (g) of the statutes is amended to read:
AB559,44,162
16.11
(8) (g) This compact becomes effective
July 1, 1983, or at any date
3subsequent to July 1, 1983, upon enactment by at least 3 eligible states
. However,
4sub. (9) (b) shall not take effect until the congress has by law consented to this
5compact. The congress shall have an opportunity to withdraw such consent every 5
6years. Failure of the congress to affirmatively withdraw its consent has the effect
7of renewing consent for an additional 5-year period and consent to this compact by
8the congress. The consent given to this compact by the congress shall extend to any
9future admittance of new party states
under pars. (b) and (c) and to the power of the
10region to ban commission to regulate the shipment
and disposal of waste
from the
11region and disposal of naturally occurring and accelerator-produced radioactive
12material pursuant to
sub. 3 this compact. Amendments to this compact are effective
13when enacted by all party states and, if necessary, consented to by the congress. To
14the extent required by section (4) (d) of "the low-level radioactive waste policy
15amendments act of 1985", every 5 years after this compact has taken effect, the
16congress by law may withdraw its consent.
AB559, s. 105
17Section
105. 16.11 (8) (h) of the statutes is amended to read:
AB559,44,2118
16.11
(8) (h) The withdrawal of a party state from this compact
under par. (e),
19the suspension of waste disposal rights, the termination of a party state's designation
20as a host state or the revocation of a state's membership in this compact
under par.
21(f) does not affect the applicability of this compact to the remaining party states.
AB559, s. 106
22Section
106. 16.11 (8) (i) of the statutes is repealed and recreated to read:
AB559,44,2423
16.11
(8) (i) This compact may be dissolved and the obligations arising under
24this compact may be terminated only as follows:
AB559,45,2
11. Through unanimous agreement of all party states expressed in duly enacted
2legislation.
AB559,45,53
2. Through withdrawal of consent to this compact by the congress under article
41, section 10, of the U.S. constitution, in which case dissolution shall take place 120
5days after the effective date of the withdrawal of consent.
AB559, s. 107
6Section
107. 16.11 (8) (j) of the statutes is created to read:
AB559,45,137
16.11
(8) (j) Unless explicitly abrogated by the state legislation dissolving this
8compact, or if dissolution results from withdrawal of congressional consent, the
9limitations on the investment and use of long-term care funds in sub. (6) (o) and (q)
104., the contractual obligations in sub. (5) (f), the indemnification obligations and
11contributions rights in subs. (6) (o), (s) and (t) and (7) (g) and the operation rights and
12indemnification and hold-harmless obligations in sub. (6) (q) shall remain in force
13notwithstanding dissolution of this compact.
AB559, s. 108
14Section
108. 16.11 (9) (title) of the statutes is amended to read:
AB559,45,1515
16.11
(9) (title)
Article IX - Penalties
and Enforcement.
AB559, s. 109
16Section
109. 16.11 (9) (b) of the statutes is repealed and recreated to read:
AB559,45,1917
16.11
(9) (b) The parties to this compact intend that the courts of the United
18States shall specifically enforce the obligations, including the obligations of party
19states and revoked or withdrawn party states, established by this compact.
AB559, s. 110
20Section
110. 16.11 (9) (c) of the statutes is renumbered 16.11 (9) (d) and
21amended to read:
AB559,46,322
16.11
(9) (d) Each party state acknowledges that the
receipt by transport into 23a host state of waste packaged or transported in violation of applicable laws, rules
24and regulations may result in the imposition of sanctions by the host state which may
25include
reasonable financial penalties assessed against any generator, transporter
1or collector responsible for the violation or may include suspension or revocation of
2the violator's right of access to the facility in the host state
by any generator,
3transporter or collector responsible for the violation.
AB559, s. 111
4Section
111. 16.11 (9) (c) of the statutes is created to read:
AB559,46,75
16.11
(9) (c) The commission or an affected party state or both may obtain
6injunctive relief or recover damages or both to prevent or remedy violations of this
7compact.
AB559, s. 112
8Section
112. 16.11 (9) (d) of the statutes is renumbered 16.11 (9) (e).
AB559, s. 113
9Section
113. 16.11 (9) (f) of the statutes is created to read:
AB559,46,1310
16.11
(9) (f) This compact shall not be construed to create any cause of action
11for any person other than a party state or the commission. Nothing in this paragraph
12shall limit the right of judicial review set forth in sub. (3) (n) 3. or the rights of
13contribution set forth in subs. (3) (p), (6) (o), (s) and (t) and (7) (g).
AB559, s. 114
14Section
114. 16.11 (10) of the statutes is amended to read:
AB559,47,915
16.11
(10) Article X - Severability and Construction. The provisions of this
16compact shall be severable and if any
phrase, clause, sentence or provision of this
17compact is
declared finally determined by a court of competent jurisdiction to be
18contrary to the constitution of any participating state or of the United States or the
19applicability application thereof to any
government, agency, person or circumstance
20is held invalid, the validity of the remainder of this compact
to that person or
21circumstance and the applicability
thereof of the entire compact to any
government,
22agency, other person or circumstance shall not be affected thereby. If any provision
23of this compact shall be held contrary to the constitution of any state participating
24therein, the compact shall remain in full force and effect as to the state affected as
25to all severable matters.
If any provision of this compact imposing a financial
1obligation upon a party state, or a state that has withdrawn from this compact or had
2its membership in this compact revoked, is finally determined by a court of
3competent jurisdiction to be unenforceable due to the state's constitutional
4limitations on its ability to pay the obligation, then that state shall use its best efforts
5to obtain an appropriation to pay the obligation, and, if the state is a party state, its
6right to have waste generated within its borders disposed of at compact facilities, or
7any noncompact facility made available to the region by any agreement entered into
8by the commission pursuant to sub. (3) (h) 6., shall be suspended until the
9appropriation is obtained.
AB559, s. 115
10Section
115. 16.115 (2) of the statutes is amended to read:
AB559,48,211
16.115
(2) The department shall establish by rule a schedule of annual fees to
12be paid by generators, as defined under s. 16.11 (2)
(g) (j), who use a
regional compact 13facility
operated under , as defined in s. 16.11
(2) (d), or a noncompact facility made
14available by an agreement entered into under s. 16.11 (3) (h) 6. for disposal, and,
15beginning with the operation of the facility, the department shall collect the fees. The
16fees shall be based on the volume and hazard of waste generated and shall cover the
17costs enumerated under sub. (3) which are incurred before and after the acceptance
18of waste for disposal at the facility. Any nuclear power plant operator who has paid
19a fee under sub. (1) shall receive credit on the fees required of the operator under this
20subsection at a rate determined by the department so that, over the first 5 years of
21the collection of fees under this subsection, the power plant operator receives total
22credits equal to the fees paid under sub. (1). In addition to covering the costs
23enumerated under sub. (3), the fees established under this subsection for the first 5
24years after the acceptance of waste for disposal at the facility shall be sufficient to
25repay the loan from the general fund made under s. 20.505 (1) (b), and the secretary
1shall lapse moneys from the appropriation under s. 20.505 (1) (g) to the general fund
2for that purpose over the 5-year period.
AB559, s. 116
3Section
116. 16.12 (2) of the statutes is amended to read:
AB559,48,74
16.12
(2) The sole
remedy remedies against the state, other than in its capacity
5as a generator, for a violation of any provision of the midwest interstate low-level
6radioactive waste compact under s. 16.11
is are the
remedy remedies provided in s.
716.11
(3) (h) 6 and (8) (f).
AB559, s. 117
8Section
117. 16.13 of the statutes is amended to read:
AB559,48,12
916.13 Data collection. Upon the request of the midwest interstate low-level
10radioactive waste commission member representing the state, the department may
11require a generator, as defined under s. 16.11 (2)
(g)
(j), to provide information
12necessary for the member to discharge his or her duties under s. 16.11.
AB559, s. 118
13Section
118. 144.463 (1) of the statutes is amended to read:
AB559,48,1514
144.463
(1) Definition. In this section, "low-level radioactive waste" has the
15meaning given in s. 16.11 (2)
(i) (m).