AB559, s. 31 20Section 31. 16.11 (2) (o) of the statutes is renumbered 16.11 (2) (r).
AB559, s. 32 21Section 32. 16.11 (2) (p) of the statutes is renumbered 16.11 (2) (s).
AB559, s. 33 22Section 33. 16.11 (2) (q) of the statutes is renumbered 16.11 (2) (t) and
23amended to read:
AB559,10,2524 16.11 (2) (t) "Storage" means the temporary holding of waste for treatment or
25disposal
.
AB559, s. 34
1Section 34. 16.11 (2) (r) of the statutes is renumbered 16.11 (2) (u).
AB559, s. 35 2Section 35. 16.11 (2) (s) of the statutes is renumbered 16.11 (2) (v) and
3amended to read:
AB559,11,64 16.11 (2) (v) "Waste management", "manage waste", "management of waste",
5"management" or "managed"
means the storage, transportation, treatment or
6disposal of waste.
AB559, s. 36 7Section 36. 16.11 (3) (b) to (d) of the statutes are amended to read:
AB559,11,128 16.11 (3) (b) Each commission member is entitled to one vote. No Except as
9otherwise specifically provided in this compact, an
action of the commission is
10binding unless if a majority of the total membership cast their cast its vote in the
11affirmative. A party state may direct its member or alternate member of the
12commission how to vote or not to vote on matters before the commission.
AB559,11,2013 (c) The commission shall elect annually from among its members a
14chairperson. The commission shall adopt and publish, in convenient form, bylaws
15and policies which are not inconsistent with this compact, including procedures for
16the use of binding arbitration under sub. (6) (o) and procedures
which substantially
17conform with the provisions of the federal administrative procedure act "The Federal
18Administrative Procedure Act"
, 5 USC 500 to 559, in regard to notice, conduct and
19recording of meetings; access by the public to records; provision of information to the
20public; conduct of adjudicatory hearings; and issuance of decisions.
AB559,11,2221 (d) The commission shall meet at least once annually and shall also meet upon
22the call of the chairperson or a any other commission member.
AB559, s. 37 23Section 37. 16.11 (3) (g) of the statutes is amended to read:
AB559,12,724 16.11 (3) (g) The office of the commission shall be in a party state. The
25commission may appoint or contract for and compensate such limited staff necessary

1to carry out its duties and functions. The staff shall have the responsibilities and
2authority delegated to it by the commission in its bylaws.
The staff shall serve at the
3commission's pleasure with the exception that staff hired as the result of securing
4federal funds shall be hired and governed under applicable federal statutes and
5regulations. In selecting any staff, the commission shall assure that the staff has
6adequate experience and formal training to carry out the functions assigned to it by
7the commission.
AB559, s. 38 8Section 38. 16.11 (3) (h) (intro.) of the statutes is amended to read:
AB559,12,99 16.11 (3) (h) (intro.) The commission may do any or all of the following:
AB559, s. 39 10Section 39. 16.11 (3) (h) 1. and 2. of the statutes are repealed.
AB559, s. 40 11Section 40. 16.11 (3) (h) 3. of the statutes is renumbered 16.11 (3) (h) 1.
AB559, s. 41 12Section 41. 16.11 (3) (h) 4. of the statutes is renumbered 16.11 (3) (h) 2. and
13amended to read:
AB559,12,1614 16.11 (3) (h) 2. Review the any emergency closure closing of a regional compact
15facility, determine the appropriateness of that closure closing and take whatever
16lawful actions are necessary to ensure that the interests of the region are protected.
AB559, s. 42 17Section 42. 16.11 (3) (h) 4. of the statutes is created to read:
AB559,13,518 16.11 (3) (h) 4. Approve the disposal of naturally occurring and accelerator
19produced radioactive material at a compact facility. The commission shall not
20approve the acceptance of such material without first making an explicit
21determination of the effect of the new waste stream on the compact facility's
22maximum capacity. Such approval requires the affirmative vote of a majority of the
23commission, including the affirmative vote of the member from the host state of the
24compact facility that would accept the material for disposal. Any such host state may,
25at any time, rescind its vote granting the approval and, thereafter, additional

1naturally occurring and accelerator produced radioactive material shall not be
2disposed of at a compact facility unless the disposal is again approved. All provisions
3of this compact apply to the disposal of naturally occurring and accelerator produced
4radioactive material that has been approved for disposal at a compact waste facility
5pursuant to this subdivision.
AB559, s. 43 6Section 43. 16.11 (3) (h) 5. of the statutes is renumbered 16.11 (3) (h) 3.
AB559, s. 44 7Section 44. 16.11 (3) (h) 5. of the statutes is created to read:
AB559,13,98 16.11 (3) (h) 5. Enter into contracts in order to perform its duties and functions
9as provided in this compact.
AB559, s. 45 10Section 45. 16.11 (3) (h) 6. of the statutes is repealed and recreated to read:
AB559,13,1411 16.11 (3) (h) 6. When approved by the commission, with the member from each
12host state in which an affected compact facility is operating or being developed or
13constructed voting in the affirmative, enter into agreements to do any of the
14following:
AB559,13,1515 a. Import, for disposal within the region, waste generated outside the region.
AB559,13,1616 b. Export, for disposal outside the region, waste generated inside the region.
AB559,13,1817 c. Dispose of waste generated within the region at a facility within the region
18that is not a compact facility.
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.
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