AB559: Bill Text

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.

AB559, s. 16 Section 16. 16.11 (2) (d) of the statutes is renumbered 16.11 (2) (f) and amended to read:

AB559,7,7 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.

AB559, s. 17 Section 17. 16.11 (2) (d) of the statutes is created to read:

AB559,7,11 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.

AB559, s. 18 Section 18. 16.11 (2) (e) of the statutes is repealed and recreated to read:

AB559,7,16 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.

AB559, s. 19 Section 19. 16.11 (2) (f) of the statutes is renumbered 16.11 (2) (h) and amended to read:

AB559,7,24 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.

AB559, s. 20 Section 20. 16.11 (2) (g) of the statutes is renumbered 16.11 (2) (j) and amended to read:

AB559,8,13 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.

AB559, s. 21 Section 21. 16.11 (2) (g) of the statutes is created to read:

AB559,8,16 16.11 (2) (g) "Disposal plan" means the plan adopted by the commission for the disposal of waste within the region.

AB559, s. 22 Section 22. 16.11 (2) (h) of the statutes is renumbered 16.11 (2) (k) and amended to read:

AB559,8,20 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.

AB559, s. 23 Section 23. 16.11 (2) (i) of the statutes is renumbered 16.11 (2) (m) and amended to read:

AB559,9,6 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.

AB559, s. 24 Section 24. 16.11 (2) (i) of the statutes is created to read:

AB559,9,13 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.

AB559, s. 25 Section 25. 16.11 (2) (j) of the statutes is repealed.

AB559, s. 26 Section 26. 16.11 (2) (k) of the statutes is renumbered 16.11 (2) (o) and amended to read:

AB559,9,24 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.

AB559, s. 27 Section 27. 16.11 (2) (L) of the statutes is renumbered 16.11 (2) (p) and amended to read:

AB559,10,10 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.

AB559, s. 28 Section 28. 16.11 (2) (L) of the statutes is created to read:

AB559,10,15 16.11 (2) (L) "Long-term care" means those activities taken by a host state after a compact facility is permanently closed to ensure the protection of air, land and water resources and the health and safety of all people who may be affected by the facility.

AB559, s. 29 Section 29. 16.11 (2) (m) of the statutes is renumbered 16.11 (2) (q).

AB559, s. 30 Section 30. 16.11 (2) (n) of the statutes is repealed and recreated to read:

AB559,10,19 16.11 (2) (n) "Operates", "operational" or "operating" means that the compact facility with respect to which any of those terms is used accepts waste for disposal.

AB559, s. 31 Section 31. 16.11 (2) (o) of the statutes is renumbered 16.11 (2) (r).

AB559, s. 32 Section 32. 16.11 (2) (p) of the statutes is renumbered 16.11 (2) (s).

AB559, s. 33 Section 33. 16.11 (2) (q) of the statutes is renumbered 16.11 (2) (t) and amended to read:

AB559,10,25 16.11 (2) (t) "Storage" means the temporary holding of waste for treatment or disposal.

AB559, s. 34 Section 34. 16.11 (2) (r) of the statutes is renumbered 16.11 (2) (u).

AB559, s. 35 Section 35. 16.11 (2) (s) of the statutes is renumbered 16.11 (2) (v) and amended to read:

AB559,11,6 16.11 (2) (v) "Waste management", "manage waste", "management of waste", "management" or "managed" means the storage, transportation, treatment or disposal of waste.

AB559, s. 36 Section 36. 16.11 (3) (b) to (d) of the statutes are amended to read:

AB559,11,12 16.11 (3) (b) Each commission member is entitled to one vote. No Except as otherwise specifically provided in this compact, an action of the commission is binding unless if a majority of the total membership cast their cast its vote in the affirmative. A party state may direct its member or alternate member of the commission how to vote or not to vote on matters before the commission.

AB559,11,20 (c) The commission shall elect annually from among its members a chairperson. The commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact, including procedures for the use of binding arbitration under sub. (6) (o) and procedures which substantially conform with the provisions of the federal administrative procedure act "The Federal Administrative Procedure Act", 5 USC 500 to 559, in regard to notice, conduct and recording of meetings; access by the public to records; provision of information to the public; conduct of adjudicatory hearings; and issuance of decisions.

AB559,11,22 (d) The commission shall meet at least once annually and shall also meet upon the call of the chairperson or a any other commission member.

AB559, s. 37 Section 37. 16.11 (3) (g) of the statutes is amended to read:

AB559,12,7 16.11 (3) (g) The office of the commission shall be in a party state. The commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions. The staff shall have the responsibilities and authority delegated to it by the commission in its bylaws. The staff shall serve at the commission's pleasure with the exception that staff hired as the result of securing federal funds shall be hired and governed under applicable federal statutes and regulations. In selecting any staff, the commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the commission.

AB559, s. 38 Section 38. 16.11 (3) (h) (intro.) of the statutes is amended to read:

AB559,12,9 16.11 (3) (h) (intro.) The commission may do any or all of the following: