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                            CHAPTER 428-H.F.No. 2207 
                  An act relating to the environment; adopting changes 
                  to the Midwest Interstate Compact on Low-Level 
                  Radioactive Waste; making conforming changes; amending 
                  Minnesota Statutes 1994, sections 116C.831; 116C.832, 
                  subdivision 1, and by adding a subdivision; 116C.833, 
                  subdivision 2; 116C.834, subdivision 1, and by adding 
                  a subdivision; 116C.835, subdivision 6; 116C.836, 
                  subdivision 2; and 116C.842, by adding subdivisions; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 116C; repealing Minnesota Statutes 1994, 
                  sections 116C.832, subdivisions 2, 7, and 8; 116C.837; 
                  116C.839; 116C.840, subdivision 3; 116C.841; 116C.842, 
                  subdivisions 1, 2, and 3; 116C.845; 116C.846; 
                  116C.847; and 116C.848. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 116C.831, is 
        amended to read: 
           116C.831 [MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
        COMPACT.] 
           The Midwest Interstate Low-Level Radioactive Waste Compact 
        is enacted into law and entered into with all jurisdictions 
        legally joining therein in the form substantially as follows:  
                         ARTICLE I.  POLICY AND PURPOSE 
           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 (United States Code, title 42, 
        sections 2021b to 2021d 2021j), as amended through December 
        31, 1982 1985, 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 has 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.  
           a.  It is the policy of the party states to enter into a 
        regional low-level radioactive waste management disposal compact 
        for the purpose of:  
           1.  Providing the instrument and framework for a 
        cooperative effort; 
           2.  Providing sufficient facilities for the proper 
        management disposal of low-level radioactive waste generated in 
        the region; 
           3.  Protecting the health and safety of the citizens of the 
        region; 
           4.  Limiting the number of facilities required to 
        effectively and efficiently manage dispose of low-level 
        radioactive waste generated in the region; 
           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; 
           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 
           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 
           9.  Ensuring the ecological and environmentally sound, 
        economical management, and secure disposal of low-level 
        radioactive wastes.  
           b.  Implicit in the Congressional consent to this compact 
        is the expectation by the Congress and the party states that the 
        appropriate federal agencies will actively assist the Compact 
        Commission and the individual party states to this compact by:  
           1.  Expeditious enforcement of federal rules, regulations 
        and laws; 
           2.  Imposition of sanctions against those found to be in 
        violation of federal rules, regulations and laws; and 
           3.  Timely inspection of their licensees to determine their 
        compliance with these rules, regulations and laws.  
                            ARTICLE II.  DEFINITIONS 
           As used in this compact, unless the context clearly 
        requires a different construction:  
           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 including the correction of problems which are detected as a 
        result of that observation.  
           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 article VI.i. of 
        this compact, its capacity has been reached, the Commission has 
        authorized it to close pursuant to article III.h.7. of this 
        compact, the host state of such facility has withdrawn from the 
        compact or had its membership revoked, or this compact has been 
        dissolved. 
           c.  "Commission" means the Midwest Interstate Low-Level 
        Radioactive Waste Commission.  
           c.  "Decommissioning" means the measures taken at the end 
        of a facility's operating life to assure the continued 
        protection of the public from any residual radioactivity or 
        other potential hazards present at a facility.  
           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. 
           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. 
           f.  "Disposal," means the isolation of waste from the 
        biosphere in a permanent facility designed for that purpose with 
        regard to low-level radioactive waste, means the permanent 
        isolation of that waste in accordance with the requirements 
        established by the United States Nuclear Regulatory Commission 
        or the licensing agreement state.  
           e.  "Eligible state" means a state qualified to be a party 
        state to this compact as provided in article VIII.  
           g.  "Disposal plan" means the plan adopted by the 
        Commission for the disposal of waste within the region. 
           f. 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.  
           g. 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.  
           j.  "Generator" means any 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. 
           h. k.  "Host state" means any state which is designated by 
        the Commission to host a regional compact facility or has hosted 
        a compact facility. 
           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. 
           i. 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 11(e)(2) of the Atomic 
        Energy Act of 1954, (United States Code, title 42, section 2014).
           j.  "Management plan" means the plan adopted by the 
        Commission for the storage, transportation, treatment, and 
        disposal of waste within the region. and that is class A, B, or 
        C low-level radioactive waste as defined in Code of Federal 
        Regulations, title 10, section 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 United States Department of Energy; by the United States 
        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.  
           n.  "Operates," "operational," or "operating" means that 
        the compact facility with respect to which any of those terms is 
        used accepts waste for disposal. 
           k. 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 article 
        VIII.a. of this compact.  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. 
           l. 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. 
           m. q.  "Region" means the area of the party states.  
           n.  "Regional facility" means a facility which is located 
        within the region and which is established by a party state 
        pursuant to designation of that state as a host state by the 
        Commission.  
           o. r.  "Site" means the geographic location of a facility.  
           p. s.  "State" means a state of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands or any other territorial possession of the United 
        States.  
           q. t.  "Storage" means the temporary holding of waste for 
        treatment or disposal.  
           r. u.  "Treatment" means any method, technique or process, 
        including storage for radioactive decay, designed to change the 
        physical, chemical or biological characteristics or composition 
        of any waste in order to render the waste safer for transport or 
        management, amenable to recovery, convertible to another usable 
        material, or reduced in volume.  
           s. v.  "Waste management," "manage waste," "management of 
        waste," "management," or "managed" means the 
        storage, transportation, treatment, or disposal of waste.  
                          ARTICLE III.  THE COMMISSION 
           a.  There is hereby created the Midwest Interstate 
        Low-Level Radioactive Waste Commission.  The Commission consists 
        of one voting member from each party state.  The Governor of 
        each party state shall notify the Commission in writing of its 
        member and any alternates.  An alternate may act on behalf of 
        the member only in that member's absence.  The method for 
        selection and the expenses of each Commission member shall be 
        the responsibility of the member's respective state.  
           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 casts its vote in the affirmative.  
        A party state may direct its member or alternate member of the 
        Commission how to vote or not vote on matters before the 
        Commission. 
           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 article VI.o. of this compact and 
        procedures which substantially conform with the provisions 
        of the federal law on Administrative Procedure Act compiled at 
        United States Code, title 5, sections 500 to 559, as amended 
        through December 31, 1982, 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.  
           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.  
           e.  All meetings of the Commission shall be open to the 
        public with reasonable advance notice.  The Commission may, by 
        majority vote, close a meeting to the public for the purpose of 
        considering sensitive personnel or legal strategy matters.  
        However, all Commission actions and decisions shall be made in 
        open meetings and appropriately recorded.  
           f.  The Commission may establish advisory committees for 
        the purpose of advising the Commission on any matters pertaining 
        to waste management.  
           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.  
           h.  The Commission may do any or all of the following:  
           1.  Enter into an agreement with any person, state, or 
        group of states for the right to use regional facilities for 
        waste generated outside of the region and for the right to use 
        facilities outside the region for waste generated within the 
        region.  The right of any person to use a regional facility for 
        waste generated outside of the region requires an affirmative 
        vote of a majority of the Commission, including the affirmative 
        vote of the member of the host state in which any affected 
        regional facility is located.  
           2.  Approve the disposal of waste generated within the 
        region at a facility other than a regional facility.  
           3.  Appear as an intervenor or party in interest before any 
        court of law or any federal, state or local agency, board or 
        commission in any matter related to waste management.  In order 
        to represent its views, the Commission may arrange for any 
        expert testimony, reports, evidence or other participation.  
           4. 2.  Review the any emergency closure closing of 
        a regional compact facility, determine the appropriateness of 
        that closure closing, and take whatever lawful actions are 
        necessary to ensure that the interests of the region are 
        protected.  
           5. 3.  Take any action which is appropriate and necessary 
        to perform its duties and functions as provided in this compact. 
           6.  Suspend the privileges or revoke the membership of a 
        party state by a two-thirds vote of the membership in accordance 
        with article VIII.  
           4.  Approve the disposal of naturally occurring and 
        accelerator produced radioactive material at a compact 
        facility.  The Commission shall not approve the acceptance of 
        such material without first making an explicit determination of 
        the effect of the new waste stream on the compact facility's 
        maximum capacity.  Such approval requires the affirmative vote 
        of a majority of the Commission, including the affirmative vote 
        of the member from the host state of the compact facility that 
        would accept the material for disposal.  Any such host state 
        may, at any time, rescind its vote granting the approval and, 
        thereafter, additional naturally occurring and accelerator 
        produced radioactive material shall not be disposed of at a 
        compact facility unless the disposal is again approved.  All 
        provisions of this compact apply to the disposal of naturally 
        occurring and accelerator produced radioactive material that has 
        been approved for disposal at a compact waste facility pursuant 
        to article III.h.4. of this compact. 
           5.  Enter into contracts in order to perform its duties and 
        functions as provided in this compact. 
           6.  When approved by the Commission, with the member from 
        each host state in which an affected compact facility is 
        operating or being developed or constructed voting in the 
        affirmative, enter into agreements to do any of the following:  
           a.  Import for disposal within the region, waste generated 
        outside the region. 
           b.  Export for disposal outside the region, waste generated 
        inside the region. 
           c.  Dispose of waste generated within the region at a 
        facility within the region that is not a compact facility. 
           7.  Authorize a host state to permanently close a compact 
        facility located within its borders earlier than otherwise would 
        be required by article VI.i. of this compact.  Such a closing 
        requires the affirmative vote of a majority of the Commission, 
        including the affirmative vote of the member from the state in 
        which the affected compact facility is located. 
           i.  The Commission shall do all of the following:  
           1.  Receive and act on the petition of a nonparty state to 
        become an eligible state.  
           2.  Submit an annual report to, and otherwise communicate 
        with, the governors and the appropriate officers of the 
        legislative bodies of the party states regarding the activities 
        of the Commission.  
           3.  Hear, negotiate, and, as necessary, resolve by final 
        decision disputes which may arise between the party states 
        regarding this compact.  
           4. 2.  Adopt and amend, by a two-thirds vote of the 
        membership, in accordance with the procedures and criteria 
        developed pursuant to article IV of this compact, a 
        regional management disposal plan which designates host states 
        for the establishment of needed regional compact facilities.  
           5. 3.  Adopt an annual budget.  
           4.  Establish and implement a procedure for determining the 
        capacity of a compact facility.  The capacity of a compact 
        facility shall be established as soon as reasonably practical 
        after the host state of the facility is designated and shall not 
        be changed thereafter without the consent of the host state.  
        The capacity of a compact facility shall be based on the 
        projected volume, radioactive characteristics, or both, of the 
        waste to be disposed of at the facility during the period set 
        forth in article VI.i. of this compact. 
           5.  Provide a host state with funds necessary to pay 
        reasonable development expenses incurred by the host state after 
        it is designated to host a compact facility. 
           6.  Establish and implement procedures for making payments 
        from the remedial action fund provided for in article III.p. of 
        this compact. 
           7.  Establish and implement procedures to investigate any 
        complaint joined in by two or more party states regarding 
        another party state's performance of its obligations under this 
        compact. 
           8.  Adopt policies promoting source reduction and the 
        environmentally sound treatment of waste in order to minimize 
        the amount of waste to be disposed of at compact facilities. 
           9.  Establish and implement procedures for obtaining 
        information from generators regarding the volume and 
        characteristics of waste projected to be disposed of at compact 
        facilities and regarding generator activities with respect to 
        source reduction, recycling, and treatment of waste. 
           10.  Prepare annual reports regarding the volume and 
        characteristics of waste projected to be disposed of at compact 
        facilities. 
           j.  Funding of the budget of for the Commission shall be 
        provided as follows:  
           1.  Each state, upon becoming a party state, shall pay 
        $50,000 or $1,000 per cubic meter of waste shipped from that 
        state in 1980, whichever is lower, to the Commission which shall 
        be used for the administrative costs of the Commission; 
           2.  Each state hosting a regional facility shall levy 
        surcharges on all users of the regional facility based upon its 
        portion of the total volume and characteristics of wastes 
        managed at that facility.  The surcharges collected at all 
        regional facilities shall:  When no compact facility is 
        operating, the Commission may assess fees to be collected from 
        generators of waste in the region.  The fees shall be reasonable 
        and equitable.  The Commission shall establish and implement 
        procedures for assessing and collecting the fees.  The 
        procedures may allow the assessing of fees against less than all 
        generators of waste in the region; provided that if fees are 
        assessed against less than all generators of waste in the 
        region, generators paying the fees shall be reimbursed the 
        amount of the fees, with reasonable interest, out of the 
        revenues of operating compact facilities. 
           2.  When a compact facility is operating, funding for the 
        Commission shall be provided through a surcharge collected by 
        the host state as part of the fee system provided for in article 
        VI.j.  The surcharge to be collected by the host state shall be 
        determined by the Commission and shall be reasonable and 
        equitable. 
           3.  In the aggregate, the fees or surcharges, as the case 
        may be, shall be no more than is necessary to:  
           a.  Be sufficient to Cover the annual budget of the 
        Commission; 
           b.  Represent the financial commitments of all party states 
        to the Commission; and 
           c.  Be paid to the Commission, provided, however, that each 
        host state collecting surcharges may retain a portion of the 
        collection sufficient to cover its administrative costs of 
        collection, and that the remainder be sufficient only to cover 
        the approved annual budget of the Commission. Provide a host 
        state with the funds necessary to pay reasonable development 
        expenses incurred by the host state after it is designated to 
        host a compact facility; 
           c.  Provide money for deposit in the remedial action fund 
        established pursuant to article III.p. of this compact; and 
           d.  Provide money to be added to an inadequately funded 
        long-term care fund as provided in article VI.o. of this compact.
           k.  The Commission shall keep accurate accounts of all 
        receipts and disbursements Financial statements of the 
        Commission shall be prepared according to generally accepted 
        accounting principles.  The Commission shall contract with an 
        independent certified public accountant to annually audit all 
        receipts and disbursements of Commission funds, its financial 
        statements and to submit an audit report to the Commission.  The 
        audit report shall be made a part of the annual report of the 
        Commission required by article III of this article compact.  
           1.  The Commission may accept for any of its purposes and 
        functions and may utilize and dispose of any donations, grants 
        of money, equipment, supplies, materials and services from any 
        state or the United States (or any subdivision or agency 
        thereof), or interstate agency, or from any institution, person, 
        firm or corporation.  The nature, amount, and condition, if any, 
        attendant upon any donation or grant accepted or received by the 
        Commission together with the identity of the donor, grantor or 
        lender, shall be detailed in the annual report of the Commission.
           m.  The Commission is not liable for any costs associated 
        with any of the following:  
           1.  The licensing and construction of any facility, 
           2.  The operation of any facility, 
           3.  The stabilization and closure of any facility, 
           4.  The care of any facility, 
           5.  The extended institutional control, aftercare of any 
        facility, or 
           6.  The transportation of waste to any facility.  
           n. 1.  The Commission is a legal entity separate and 
        distinct from the party states and is liable for its actions as 
        a separate and distinct legal entity.  Liabilities of the 
        Commission are not liabilities of the party states.  Members of 
        the Commission and its employees are not personally liable for 
        actions taken by them in their official capacity.  
           2.  Except as provided under sections m. and n.1. of this 
        article, nothing in this compact alters liability for any act, 
        omission, course of conduct or liability resulting from any 
        causal or other relationships.  
           o.  Any person aggrieved by a final decision of the 
        Commission may obtain judicial review of such decision in any 
        court of competent jurisdiction by filing in such court a 
        petition for review within 60 days after the Commission's final 
        decision.  The Commission is not liable or otherwise responsible 
        for any costs, expenses, or liabilities resulting from the 
        development, construction, operation, regulation, closing, or 
        long-term care of any compact facility or any noncompact 
        facility made available to the region by any contract or 
        agreement entered into by the Commission under article III.h.6. 
        of this compact.  Nothing in article III.m. of this compact 
        relieves the Commission of its allegations under article III of 
        this compact or under contracts to which it is a party.  Any 
        liabilities of the Commission are not liabilities of the party 
        states. 
           n.  Final decisions of the Commission shall be made, and 
        shall be subject to judicial review, in accordance with all of 
        the following conditions: 
           1.  Every final decision shall be made at an open meeting 
        of the Commission.  Before making a final decision, the 
        Commission shall provide an opportunity for public comment on 
        the matter to be decided.  Each final decision shall be reduced 
        to writing and shall set forth the Commission's reasons for 
        making the decision. 
           2.  Before making a final decision, the Commission may 
        conduct an adjudicatory hearing on the proposed decision. 
           3.  Judicial review of a final decision shall be initiated 
        by filing a petition in the United States district court for the 
        district in which the person seeking the review resides or in 
        which the Commission's office is located not later than 60 days 
        after issuance of the Commission's written decision.  
        Concurrently with filing the petition for review with the court, 
        the petitioner shall serve a copy of the petition on the 
        Commission.  Within five days after receiving a copy of the 
        petition, the Commission shall mail a copy of it to each party 
        state and to all other persons who have notified the Commission 
        of their desire to receive copies of such petitions.  Any 
        failure of the Commission to so mail copies of the petition does 
        not affect the jurisdiction of the reviewing court.  Except as 
        otherwise provided in article III.n.3. of this compact, standing 
        to obtain judicial review of final decisions of the Commission 
        and the form and scope of the review are subject to and governed 
        by United States Code, title 5, section 706. 
           4.  If a party state seeks judicial review of a final 
        decision of the Commission that does any of the following, the 
        facts shall be subject to trial de novo by the reviewing court 
        unless trial de novo of the facts is affirmatively waived in 
        writing by the party state: 
           a.  Imposes financial penalties on a party state; 
           b.  Suspends the right of a party state to have waste 
        generated within its borders disposed of at a compact facility 
        or at a noncompact facility made available to the region by an 
        agreement entered into by the Commission under article III.h.6. 
        of this compact; 
           c.  Terminates the designation of a party state as a host 
        state; 
           d.  Revokes the membership of a party state in this 
        compact; or 
           e.  Establishes the amounts of money that a party state 
        that has withdrawn from this compact or had its membership in 
        this compact revoked is required to pay under article VIII.e. of 
        this compact. 
           Any such trial de novo of the facts shall be governed by 
        the Federal Rules of Civil Procedure and the Federal Rules of 
        Evidence. 
           5.  Preliminary, procedural, or intermediate actions by the 
        Commission that precede a final decision are subject to review 
        only in conjunction with review of the final decision. 
           6.  Except as provided in article III.n.5. of this compact, 
        actions of the Commission that are not final decisions are not 
        subject to judicial review. 
           o.  Unless approved by a majority of the Commission, with 
        the member from each host state in which an affected compact 
        facility is operating or is being developed or constructed 
        voting in the affirmative, no person shall do any of the 
        following: 
           1.  Import waste generated outside the region for 
        management within the region; 
           2.  Export waste generated within the region for disposal 
        outside the region; 
           3.  Manage waste generated outside the region at a facility 
        within the region; 
           4.  Dispose of waste generated within the region at a 
        facility within the region that is not a compact facility. 
           p.  The Commission shall establish a remedial action fund 
        to pay the costs of reasonable remedial actions taken by a party 
        state if an event results from the development, construction, 
        operation, closing, or long-term care of a compact facility that 
        poses a threat to human health, safety, or welfare or to the 
        environment.  The amount of the remedial action fund shall be 
        adequate to pay the costs of all reasonably foreseeable remedial 
        actions.  A party state shall notify the Commission as soon as 
        reasonably practical after the occurrence of any event that may 
        require the party state to take a remedial action.  The failure 
        of a party state to so notify the Commission does not limit the 
        rights of the party state under article III.p. of this compact. 
           If the moneys in the remedial action fund are inadequate to 
        pay the costs of reasonable remedial actions, the amount of the 
        deficiency is a liability with respect to which generators shall 
        provide indemnification under article VII.g. of this compact.  
        Generators who provide the required indemnification have the 
        rights of contribution provided in article VII.g. of this 
        compact.  Article III.p. of this compact applies to any remedial 
        action taken by a party state regardless of whether the party 
        state takes the remedial action on its own initiative or because 
        it is required to do so by a court or regulatory agency of 
        competent jurisdiction. 
           q.  If the Commission makes payment from the remedial 
        action fund provided for in article III.p. of this compact, the 
        Commission is entitled to obtain reimbursement under applicable 
        rules of law from any person who is responsible for the event 
        giving rise to the remedial action.  Such reimbursement may be 
        obtained from a party state only if the event giving rise to the 
        remedial action resulted from the activities of that party state 
        as a generator of waste. 
           r.  If this compact is dissolved, all moneys held by the 
        Commission shall be used first to pay for any ongoing or 
        reasonably anticipated remedial actions.  Any remaining moneys 
        shall be distributed in a fair and equitable manner to those 
        party states that have operating or closed compact facilities 
        within their borders and shall be added to the long-term care 
        funds maintained by those party states. 
               ARTICLE IV.  REGIONAL MANAGEMENT DISPOSAL PLAN 
           The Commission shall adopt and periodically update a 
        regional management disposal plan designed to ensure the safe 
        and efficient management disposal of waste generated within the 
        region.  In adopting a regional waste management disposal plan, 
        the Commission shall do all of the following:  
           a.  Adopt procedures for determining, consistent with 
        considerations for public health and safety, the type and number 
        of regional compact facilities which are presently necessary and 
        which are projected to be necessary to manage dispose of waste 
        generated within the region; 
           b.  Develop and consider policies promoting source 
        reduction of waste generated within the region; 
           c.  Develop and adopt procedures and criteria for 
        identifying a party state as a host state for a regional compact 
        facility.  In developing these criteria, the Commission shall 
        consider all of the following;: 
           l.  The health, safety, and welfare of the citizens of the 
        party states.; 
           2.  The existence of regional compact facilities within 
        each party state.; 
           3.  The minimization of waste transportation.; 
           4.  The volumes and types of wastes projected to be 
        generated within each party state.; 
           5.  The environmental, economic, and ecological impacts on 
        the air, land and water resources of the party states; 
           6.  The economic impacts on the party states. 
           d. c.  Conduct such hearings, and obtain such reports, 
        studies, evidence and testimony required by its approved 
        procedures prior to identifying a party state as a host state 
        for a needed regional compact facility; 
           e. d.  Prepare a draft management disposal plan and any 
        update thereof, including procedures, criteria, and host states, 
        including alternatives, which shall be made available in a 
        convenient form to the public for comment.  Upon the request of a 
        party state, the Commission shall conduct a public hearing in 
        that state prior to the adoption or update of the 
        management disposal plan.  The management disposal plan and 
        any update thereof shall include the commission's response to 
        public and party state comment.  
               ARTICLE V.  RIGHTS AND OBLIGATIONS OF PARTY STATES 
           a.  Each party state shall act in good faith in the 
        performance of acts and courses of conduct which are intended to 
        ensure the provision of facilities for regional availability and 
        usage in a manner consistent with this compact.  
           b.  Except for waste attributable to radioactive material 
        or waste imported into the region in order to render the 
        material or waste amenable to transportation, storage, disposal, 
        or recovery, or in order to convert the waste or material to 
        another usable material, or to reduce it in volume or otherwise 
        treat it, each party state has the right to have all wastes 
        generated within its borders managed disposed of at regional 
        compact facilities subject to the payment of all fees 
        established by the host state under article VI.j. of this 
        compact and to the provisions contained in article articles 
        VI.l., VI.s., VIII.d., IX.cd., and X of this compact.  All party 
        states have an equal right of access to any facility made 
        available to the region by any agreement entered into by the 
        Commission pursuant to article III.h.6. of this compact, subject 
        to the provisions of articles VI.l., VI.s., VIII.d., and X of 
        this compact.  
           c.  Party states or generators may negotiate for the right 
        of access to a facility outside the region and may export waste 
        outside the region subject to Commission approval under article 
        III.  If a party state's right to have waste generated within 
        its borders disposed of at compact facilities, or at any 
        noncompact facility made available to the region by an agreement 
        entered into by the Commission under article III.h.6. of this 
        compact, is suspended, no waste generated within its borders by 
        any person shall be disposed of at any such facility during the 
        period of the suspension.  
           d.  To the extent permitted by federal law, each party 
        state may enforce any applicable federal and state laws, 
        regulations and rules pertaining to the packaging and 
        transportation of waste generated within or passing through its 
        borders.  Nothing in this section shall be construed to require 
        a party state to enter into any agreement with the U.S. Nuclear 
        Regulatory Commission.  
           e.  Each party state shall provide to the Commission any 
        data and information the Commission requires to implement its 
        responsibilities.  Each party state shall establish the 
        capability to obtain any data and information required by the 
        Commission.  
           f.  If, notwithstanding the sovereign immunity provision in 
        article VII.f.1. of this compact and the indemnification 
        provided for in articles III.p., VI.o., and VII.g. of this 
        compact, a party state incurs a cost as a result of an 
        inadequate remedial action fund or an exhausted long-term care 
        fund, or incurs a liability as a result of an action described 
        in article VII.f.1. of this compact and not described in article 
        VII.f.2. of this compact, the cost or liability shall be the pro 
        rata obligation of each party state and each state that has 
        withdrawn from this compact or had its membership in this 
        compact revoked.  The Commission shall determine each state's 
        pro rata obligation in a fair and equitable manner based on the 
        amount of waste from each such state that has been or is 
        projected to be disposed of at the compact facility with respect 
        to which the cost or liability to be shared was incurred.  No 
        state shall be obligated to pay the pro rata obligation of any 
        other state. 
           The pro rata obligations provided for in article V.f. of 
        this compact do not result in the creation of state debt.  
        Rather, the pro rata obligations are contractual obligations 
        that shall be enforced by only the Commission or an affected 
        party state. 
           g.  If the party states make payment pursuant to article 
        V.f. of this compact, the surcharge or fee provided for in 
        article III.j. of this compact shall be used to collect the 
        funds necessary to reimburse the party states for those 
        payments.  The Commission shall determine the time period over 
        which reimbursement shall take place. 
           ARTICLE VI.  DEVELOPMENT AND, OPERATION, AND CLOSING  
                            OF COMPACT FACILITIES  
           a.  Any party state may volunteer to become a host state, 
        and the Commission may designate that state as a host state upon 
        a two-thirds vote of its members.  
           b.  If not all regional compact facilities required by the 
        regional management disposal plan are not developed pursuant to 
        section a., or upon notification that an existing regional 
        facility will be closed article VI.a. of this compact, the 
        Commission may designate a host state.  
           c.  Each party After a state is designated as a host state 
        by the Commission, it is responsible for determining possible 
        facility locations within its borders.  The selection of a 
        facility site shall not conflict with applicable federal and 
        host state laws, regulations and rules not inconsistent with 
        this compact and shall be based on factors including, but not 
        limited to, geological, environmental and economic viability of 
        possible facility locations. the timely development and 
        operation of the compact facility it is designated to host.  The 
        development and operation of the compact facility shall not 
        conflict with applicable federal and host state laws, rules, and 
        regulations, provided that the laws, rules, and regulations of a 
        host state and its political subdivisions shall not prevent, nor 
        shall they be applied so as to prevent, the host state's 
        discharge of the obligation set forth in article VI.c. of this 
        compact.  The obligation set forth in article VI.c. of this 
        compact is contingent upon the discharge by the Commission of 
        its obligation set forth in article III.i.5. of this compact. 
           d.  If a party state designated as a host state fails to 
        discharge the obligations imposed upon it by article VI.c. of 
        this compact, its host state designation may be terminated by a 
        two-thirds vote of the Commission with the member from the host 
        state of any then operating compact facility voting in the 
        affirmative.  A party state whose host state designation has 
        been terminated has failed to fulfill its obligations as a host 
        state and is subject to the provisions of article VIII.d. of 
        this compact. 
           e.  Any party state designated as a host state may request 
        the Commission to relieve that state of the responsibility to 
        serve as a host state.  Except as set forth in article VI.d. of 
        this compact, the Commission may relieve a party state of this 
        its responsibility only upon a showing by the requesting party 
        state that, based upon criteria established by the Commission 
        that are consistent with any applicable federal criteria, no 
        feasible potential regional compact facility site of the type it 
        is designated to host exists within its borders.  A party state 
        relieved of its host state responsibility shall repay to the 
        Commission any funds provided to that state by the Commission 
        for the development of a compact facility, and also shall pay to 
        the Commission the amount the Commission determines is necessary 
        to ensure that the Commission and the other party states do not 
        incur financial loss as a result of the state being relieved of 
        its host state responsibility.  Any funds so paid to the 
        Commission with respect to the financial loss of the other party 
        states shall be distributed forthwith by the Commission to the 
        party states that would otherwise incur the loss.  In addition, 
        until the state relieved of its responsibility is again 
        designated as a host state and a compact facility located in 
        that state begins operating, it shall annually pay to the 
        Commission, for deposit in the remedial action fund, an amount 
        the Commission determines is fair and equitable in light of the 
        fact the state has been relieved of the responsibility to host a 
        compact facility, but continues to enjoy the benefits of being a 
        member of this compact. 
           e.  After a state is designated a host state by the 
        Commission, it is responsible for the timely development and 
        operation of a regional facility.  
           f.  The host state shall select the technology for the 
        compact facility.  If requested by the Commission, information 
        regarding the technology selected by the host state shall be 
        submitted to the Commission for its review.  The Commission may 
        require the host state to make changes in the technology 
        selected by the host state if the Commission demonstrates that 
        the changes do not decrease the protection of air, land, and 
        water resources and the health and safety of all people who may 
        be affected by the facility.  If requested by the host state, 
        any Commission decision requiring the host state to make changes 
        in the technology shall be preceded by an adjudicatory hearing 
        in which the Commission shall have the burden of proof. 
           g.  A host state may assign to a private contractor the 
        responsibility, in whole or in part, to develop, construct, 
        operate, close, or provide long-term care for a compact 
        facility.  Assignment of such responsibility by a host state to 
        a private contractor does not relieve the host state of any 
        responsibility imposed upon it by this compact.  A host state 
        may secure indemnification from the contractor for any costs, 
        liabilities, and expenses incurred by the host state resulting 
        from the development, construction, operation, closing, or 
        long-term care of a compact facility. 
           f. h.  To the extent permitted by federal and state law, a 
        host state shall regulate and license any facility within its 
        borders and ensure the extended long-term care of that facility. 
           g.  The Commission may designate a party state as a host 
        state while a regional facility is in operation if the 
        Commission determines that an additional regional facility is or 
        may be required to meet the needs of the region.  The Commission 
        shall make this designation following the procedures established 
        under article IV.  
           h.  Designation of a host state is for a period of 20 years 
        or the life of the regional facility which is established under 
        that designation, whichever is longer.  Upon request of a host 
        state, the Commission may modify the period of its designation.  
           i.  A host state shall accept waste for disposal for a 
        period of 20 years from the date the compact facility in the 
        host state becomes operational, or until its capacity has been 
        reached, whichever occurs first.  At any time before the compact 
        facility closes, the host state and the Commission may enter 
        into an agreement to extend the period during which the host 
        state is required to accept such waste or to increase the 
        capacity of the compact facility.  Except as specifically 
        authorized by article VI.l.4. of this compact, the 20-year 
        period shall not be extended, and the capacity of the facility 
        shall not be increased, without the consent of the affected host 
        state and the Commission. 
           j.  A host state may shall establish a fee system for 
        of fees to be collected from the users of any regional compact 
        facility within its borders.  The fee system, and the costs paid 
        through the system, shall be reasonable and equitable.  This The 
        fee system shall be subject to the Commission's approval.  The 
        fee system shall provide the host state with sufficient revenue 
        to cover any pay costs associated with the compact facility, 
        including, but not limited to, the planning, siting, licensure 
        operation, decommissioning, extended care and long-term 
        liability, associated with such facilities.  This fee system may 
        also include reasonable revenue beyond the costs incurred for 
        the host state, subject to approval by the Commission.  A host 
        state shall submit an annual financial audit of the operation of 
        the regional facility to the Commission operation, closing, 
        long-term care, debt service, legal costs, local impact 
        assistance, and local financial incentives.  The fee system also 
        shall be used to collect the surcharge provided in article 
        III.j.2. of this compact.  The fee system may shall include 
        incentives for source reduction and may shall be based on the 
        hazard of the waste as well as the volume.  
           j. k.  A host state shall ensure that a regional compact 
        facility located within its borders which that is permanently 
        closed is properly decommissioned.  A host state shall also 
        provide for the care of a closed or decommissioned regional 
        facility within its borders so that the public health and safety 
        of the state and region are ensured cared for so as to ensure 
        protection of air, land, and water resources and the health and 
        safety of all people who may be affected by the facility.  
           k.  A host state intending to close a regional facility 
        located within its borders shall notify the Commission in 
        writing of its intention and the reasons.  Notification shall be 
        given to the Commission at least five years prior to the 
        intended date of closure.  
           l.  The development of subsequent compact facilities shall 
        be as follows: 
           1.  No compact facility shall begin operating until the 
        Commission designates the host state of the next compact 
        facility. 
           2.  The following actions shall be taken by the state 
        designated to host the next compact facility within the 
        specified number of years after the compact facility it is 
        intended to replace begins operation: 
           a.  Within three years, enact legislation providing for the 
        development of the next compact facility; 
           b.  Within seven years, initiate site characterization 
        investigations and tests to determine licensing suitability for 
        the next compact facility; and 
           c.  Within 11 years, submit a license application for the 
        next compact facility that the responsible licensing authority 
        deems complete. 
           If a host state fails to take any of these actions within 
        the specified time, all waste generated by any person within 
        that state shall be denied access to the then operating compact 
        facility, and to any noncompact facility made available to the 
        region by any agreement entered into by the Commission pursuant 
        to article III.h.6. of this compact, until the action is taken.  
        Denial of access may be rescinded by the Commission, with the 
        member from the host state of the then operating compact 
        facility voting in the affirmative.  A host state that fails to 
        take any of these actions within the specified time has failed 
        to fulfill its obligations as a host state and is subject to the 
        provisions of articles VI.d. and VIII.d. of this compact. 
           3.  Within 14 years after any compact facility begins 
        operating, the state designated to host the next compact 
        facility shall have obtained a license from the responsible 
        licensing authority to construct and operate the compact 
        facility the state has been designated to host.  If the license 
        is not obtained within the specified time, all waste generated 
        by any person within the state designated to host the next 
        compact facility shall be denied access to the then operating 
        compact facility, and to any noncompact facility made available 
        to the region by any agreement entered into by the Commission 
        pursuant to article III.h.6. of this compact, until the license 
        is obtained.  The state designated to host the next compact 
        facility shall have failed in its obligations as a host state 
        and shall be subject to articles VI.d. and VIII.d. of this 
        compact.  In addition, at the sole option of the host state of 
        the then operating compact facility, all waste generated by any 
        person within any party state that has not fully discharged its 
        obligations under article VI.i. of this compact, shall be denied 
        access to the then operating compact facility, and to any 
        noncompact facility made available to the region by any 
        agreement entered into by the Commission pursuant to article 
        III.h.6. of this compact, until the license is obtained.  Denial 
        of access may be rescinded by the Commission, with the member 
        from the host state of the then operating compact facility 
        voting in the affirmative. 
           4.  If, 20 years after a compact facility begins operating, 
        the next compact facility is not ready to begin operating, the 
        state designated to host the next compact facility shall have 
        failed in its obligation as a host state and shall be subject to 
        articles VI.d. and VIII.d. of this compact.  If, at the time the 
        capacity of the then operating compact facility has been 
        reached, or 20 years after the facility began operating, 
        whichever occurs first, the next compact facility is not ready 
        to begin operating, the host state of the then operating compact 
        facility, without the consent of any other party state or the 
        Commission, may continue to operate the facility until a compact 
        facility in the next host state is ready to begin operating.  
        During any such period of continued operation of a compact 
        facility, all waste generated by any person within the state 
        designated to host the next compact facility shall be denied 
        access to the then operating compact facility and to any 
        noncompact facility made available to the region by any 
        agreement entered into by the Commission pursuant to article 
        III.h.6. of this compact.  In addition, during such period, at 
        the sole option of the host state of the then operating compact 
        facility, all waste generated by any person within any party 
        state that has not fully discharged its obligations under 
        article VI.i. of this compact, shall be denied access to the 
        then operating compact facility and to any noncompact facility 
        made available to the region by any agreement entered into by 
        the Commission pursuant to article III.h.6. of this compact.  
        Denial of access may be rescinded by the Commission, with the 
        member from the host state of the then operating compact 
        facility voting in the affirmative.  The provisions of article 
        VI.l.4. of this compact, shall not apply if their application is 
        inconsistent with an agreement between the host state of the 
        then operating compact facility and the Commission as authorized 
        in article VI.i. of this compact, or inconsistent with article 
        VI.p. or q. of this compact.  
           5.  During any period that access is denied for waste 
        disposal pursuant to article VI.l.2., 3., or 4. of this compact, 
        the party state designated to host the next compact disposal 
        facility shall pay to the host state of the then operating 
        compact facility an amount the Commission determines is 
        reasonably necessary to ensure that the host state, or any 
        agency or political subdivision thereof, does not incur 
        financial loss as a result of the denial of access. 
           6.  The Commission may modify any of the requirements 
        contained in articles VI.l.2. and 3. of this compact, if it 
        finds that circumstances have changed so that the requirements 
        are unworkable or unnecessarily rigid or no longer serve to 
        ensure the timely development of a compact facility.  The 
        Commission may adopt such a finding by a two-thirds vote, with 
        the member from the host state of the then operating compact 
        facility voting in the affirmative. 
           m.  This section compact shall not prevent an emergency 
        closing of a regional compact facility by a host state to 
        protect its air, land and water resources and the health and 
        safety of its citizens all people who may be affected by the 
        facility.  However, A host state which that has an emergency 
        closing of a regional compact facility shall notify the 
        Commission in writing within three working days of its action 
        and shall, within 30 working days of its action, demonstrate 
        justification for the closing. 
           1.  If a regional facility closes before an additional or 
        new facility becomes operational, waste generated within the 
        region may be shipped temporarily to any location agreed on by 
        the Commission until a regional facility is operational.  
           m.  A party state which is designated as a host state by 
        the Commission and fails to fulfill its obligations as a host 
        state may have its privileges under the compact suspended or 
        membership in the compact revoked by the Commission.  
           n.  A party state that has fully discharged its obligations 
        under article VI.i. of this compact, shall not again be 
        designated a host state of a compact facility without its 
        consent until each party state has been designated to host a 
        compact facility and has fully discharged its obligations under 
        article VI.i. of this compact, or has been relieved under 
        article VI.e. of this compact, of its responsibility to serve as 
        a host state. 
           o.  Each host state of a compact facility shall establish a 
        long-term care fund to pay for monitoring, security, 
        maintenance, and repair of the facility after it is permanently 
        closed.  The expenses of administering the long-term care fund 
        shall be paid out of the fund.  The fee system established by 
        the host state that establishes a long-term care fund shall be 
        used to collect moneys in amounts that are adequate to pay for 
        all long-term care of the compact facility.  The moneys shall be 
        deposited into the long-term care fund.  Except where the matter 
        is resolved through arbitration, the amount to be collected 
        through the fee system for deposit into the fund shall be 
        determined through an agreement between the Commission and the 
        host state establishing the fund.  Not less than three years, 
        nor more than five years, before the compact facility it is 
        designated to host is scheduled to begin operating, the host 
        state shall propose to the Commission the amount to be collected 
        through the fee system for deposit into the fund.  If, 180 days 
        after such proposal is made to the Commission, the host state 
        and the Commission have not agreed, either the Commission or the 
        host state may require the matter to be decided through binding 
        arbitration.  The method of administration of the fund shall be 
        determined by the host state establishing the long-term care 
        fund, provided that moneys in the fund shall be used only for 
        the purposes set forth in article VI.o. of this compact, and 
        shall be invested in accordance with the standards applicable to 
        trustees under the laws of the host state establishing the 
        fund.  If, after a compact facility is closed, the Commission 
        determines the long-term care fund established with respect to 
        that facility is not adequate to pay for all long-term care for 
        that facility, the Commission shall collect and pay over to the 
        host state of the closed facility, for deposit into the 
        long-term care fund, an amount determined by the Commission to 
        be necessary to make the amount in the fund adequate to pay for 
        all long-term care of the facility.  If a long-term care fund is 
        exhausted and long-term care expenses for the facility with 
        respect to which the fund was created have been reasonably 
        incurred by the host state of the facility, those expenses are a 
        liability with respect to which generators shall provide 
        indemnification as provided in article VII.g. of this compact.  
        Generators that provide indemnification shall have contribution 
        rights as provided in article VII.g. of this compact. 
           p.  A host state that withdraws from the compact or has its 
        membership revoked shall immediately and permanently close any 
        compact facility located within its borders, except that the 
        Commission and a host state may enter into an agreement under 
        which the host state may continue to operate, as a noncompact 
        facility, a facility within its borders that, before the host 
        state withdrew or had its membership revoked, was a compact 
        facility. 
           q.  If this compact is dissolved, the host state of any 
        then operating compact facility shall immediately and 
        permanently close the facility, provided that a host state may 
        continue to operate a compact facility or resume operating a 
        previously closed compact facility, as a noncompact facility, 
        subject to all of the following requirements: 
           1.  The host state shall pay to the other party states the 
        portion of the funds provided to that state by the Commission 
        for the development, construction, operation, closing, or 
        long-term care of a compact facility that is fair and equitable, 
        taking into consideration the period of time the compact 
        facility located in that state was in operation and the amount 
        of waste disposed of at the facility, provided that a host state 
        that has fully discharged its obligations under article VI.i. of 
        this compact shall not be required to make such payment; 
           2.  The host state shall physically segregate waste 
        disposed of at the facility after this compact is dissolved from 
        waste disposed of at the facility before this compact is 
        dissolved; 
           3.  The host state shall indemnify and hold harmless the 
        other party states from all costs, liabilities, and expenses, 
        including reasonable attorneys' fees and expenses, caused by 
        operating the facility after this compact is dissolved, provided 
        that this indemnification and hold harmless obligation shall not 
        apply to costs, liabilities, and expenses resulting from the 
        activities of a host state as a generator of waste; 
           4.  Moneys in the long-term care fund established by the 
        host state that are attributable to the operation of the 
        facility before this compact is dissolved, and investment 
        earnings thereon, shall be used only to pay the cost of 
        monitoring, securing, maintaining, or repairing that portion of 
        the facility used for the disposal of waste before this compact 
        is dissolved.  Such moneys and investment earnings, and any 
        moneys added to the long-term care fund through a distribution 
        authorized by article III.r. of this compact, also may be used 
        to pay the cost of any remedial action made necessary by an 
        event resulting from the disposal of waste at the facility 
        before this compact is dissolved.  
           r.  Financial statements of a compact facility shall be 
        prepared according to generally accepted accounting principles.  
        The Commission may require the financial statements to be 
        audited on an annual basis by a firm of certified public 
        accountants selected and paid by the Commission. 
           s.  Waste may be accepted for disposal at a compact 
        facility only if the generator of the waste has signed, and 
        there is on file with the Commission, an agreement to provide 
        indemnification to a party state, or employee of that state, for 
        all of the following: 
           1.  Any cost of a remedial action described in article 
        III.p. of this compact, that, due to inadequacy of the remedial 
        action fund, is not paid as set forth in that provision; 
           2.  Any expense for long-term care described in article 
        VI.o. of this compact, that, due to exhaustion of the long-term 
        care fund, is not paid as set forth in that provision; 
           3.  Any liability for damages to persons, property, or the 
        environment incurred by a party state, or employee of that state 
        while acting within the scope of employment, resulting from the 
        development, construction, operation, regulation, closing, or 
        long-term care of a compact facility, or any noncompact facility 
        made available to the region by any agreement entered into by 
        the Commission pursuant to article III.h.6. of this compact, or 
        any other matter arising from this compact.  The agreement also 
        shall require generators to indemnify the party state or 
        employee against all reasonable attorney's fees and expenses 
        incurred in defending any action for such damages.  This 
        indemnification shall not extend to liability based on any of 
        the following: 
           a.  The activities of the party states as generators of 
        waste; 
           b.  The obligations of the party states to each other and 
        the Commission imposed by this compact or other contracts 
        related to the disposal of waste under this compact; or 
           c.  Activities of a host state or employees thereof that 
        are grossly negligent or willful and wanton. 
           The agreement shall provide that the indemnification 
        obligation of generators shall be joint and several, except that 
        the indemnification obligation of the party states with respect 
        to their activities as generators of waste shall not be joint 
        and several, but instead shall be prorated according to the 
        amount of waste that each state had disposed of at the compact 
        facility giving rise to the liability.  Such proration shall be 
        calculated as of the date of the event giving rise to the 
        liability.  The agreement shall be in a form approved by the 
        Commission with the member from the host state of any then 
        operating compact facility voting in the affirmative.  Among 
        generators there shall be rights of contribution based on 
        equitable principles, and generators shall have rights of 
        contribution against any other person responsible for such 
        damages under common law, statute, rule, or regulation, provided 
        that a party state that through its own activities did not 
        generate any waste disposed of at the compact facility giving 
        rise to the liability, an employee of such a party state, and 
        the Commission shall have no such contribution obligation.  The 
        Commission may waive the requirement that the party state sign 
        and file such an indemnification agreement as a condition to 
        being able to dispose of waste generated as a result of the 
        party state's activities.  Such a waiver shall not relieve a 
        party state of the indemnification obligation imposed by article 
        VII.g. of this compact. 
                    ARTICLE VII.  OTHER LAWS AND REGULATIONS 
           a.  Nothing in this compact:  
           1.  Abrogates or limits the applicability of any act of the 
        Congress or diminishes or otherwise impairs the jurisdiction of 
        any federal agency expressly conferred thereon by the Congress; 
           2.  Prevents the enforcement of any other law of a party 
        state which is not inconsistent with this compact; 
           3.  Prohibits any storage generator from storing or 
        treatment of waste by the generator treating, on its own 
        premises, waste generated by it within the region; 
           4.  Affects any administrative or judicial proceeding 
        pending on the effective date of this compact; 
           5.  Alters the relations between and the respective 
        internal responsibility of the government of a party state and 
        its subdivisions; 
           6.  Affects the generation, treatment, storage, or disposal 
        of waste generated by the atomic energy defense activities of 
        the Secretary of the U.S. Department of Energy or successor 
        agencies or federal research and development activities as 
        described in section 31 of the Atomic Energy Act of 1954 (United 
        States Code, title 42, section 2051); or 
           7.  Affects the rights and powers of any party state or its 
        political subdivisions, to the extent not inconsistent with this 
        compact, to regulate and license any facility or the 
        transportation of waste within its borders or affects the rights 
        and powers of any party state and its political subdivisions to 
        tax or impose fees on the waste managed at any facility within 
        its borders; 
           8.  Requires a party state to enter into any agreement with 
        the U.S. Nuclear Regulatory Commission; or 
           9.  Alters or limits liability of transporters of waste, 
        owners and operators of sites for their acts, omissions, conduct 
        or relationships in accordance with applicable laws Limits, 
        expands, or otherwise affects the authority of a state to 
        regulate low-level radioactive waste classified by any agency of 
        the United States government as "below regulatory concern" or 
        otherwise exempt from federal regulation.  
           b.  For purposes of this compact, all state laws or parts 
        of laws in conflict If a court of the United States finally 
        determines that a law of a party state conflicts with this 
        compact are hereby superseded, this compact shall prevail to the 
        extent of the conflict.  The Commission shall not commence an 
        action seeking such a judicial determination unless commencement 
        of the action is approved by a two-thirds vote of the membership 
        of the Commission. 
           c.  Except as authorized by this compact, no law, rule, or 
        regulation of a party state or of any of its subdivisions or 
        instrumentalities may be applied in a manner which discriminates 
        against the generators of another party state.  
           d.  Except as provided in articles III.m. and VII.f. of 
        this compact, no provision of this compact shall be construed to 
        eliminate or reduce in any way the liability or responsibility, 
        whether arising under common law, statute, rule, or regulation, 
        of any person for penalties, fines, or damages to persons, 
        property, or the environment resulting from the development, 
        construction, operation, closing, or long-term care of a compact 
        facility, or any noncompact facility made available to the 
        region by any agreement entered into by the Commission pursuant 
        to article III.h.6. of this compact, or any other matter arising 
        from this compact.  The provisions of this compact shall not 
        alter otherwise applicable laws relating to compensation of 
        employees for workplace injuries. 
           e.  Except as provided in United States Code, title 28, 
        section 1251(a), the district courts of the United States have 
        exclusive jurisdiction to decide cases arising under this 
        compact.  Article VII.e. of this compact does not apply to 
        proceedings within the jurisdiction of state or federal 
        regulatory agencies nor to judicial review of proceedings before 
        state or federal regulatory agencies.  Article VII.e. of this 
        compact shall not be construed to diminish other laws of the 
        United States conferring jurisdiction on the courts of the 
        United States. 
           f.  For the purposes of activities pursuant to this 
        compact, the sovereign immunity of party states and employees of 
        party states shall be as follows: 
           1.  A party state or employee thereof, while acting within 
        the scope of employment, shall not be subject to suit or held 
        liable for damages to persons, property, or the environment 
        resulting from the development, construction, operation, 
        regulation, closing, or long-term care of a compact facility, or 
        any noncompact facility made available to the region by any 
        agreement entered into by the Commission pursuant to article 
        III.h.6. of this compact.  This applies whether the claimed 
        liability of the party state or employee is based on common law, 
        statute, rule, or regulation. 
           2.  The sovereign immunity granted in article VII.f.1. of 
        this compact, does not apply to any of the following: 
           a.  Actions based upon the activities of the party states 
        as generators of waste.  With regard to those actions, the 
        sovereign immunity of the party states shall not be affected by 
        this compact.  
           b.  Actions based on the obligations of the party states to 
        each other and the Commission imposed by this compact, or other 
        contracts related to the disposal of waste under this compact.  
        With regard to those actions, the party states shall have no 
        sovereign immunity. 
           c.  Actions against a host state, or employee thereof, when 
        the host state or employee acted in a grossly negligent or 
        willful and wanton manner. 
           g.  If in any action described in article VII.f.1., and not 
        described in article VII.f.2. of this compact, it is determined 
        that, notwithstanding article VII.f.1. of this compact, a party 
        state, or employee of that state who acted within the scope of 
        employment, is liable for damages or has liability for other 
        matters arising under this compact as described in article 
        VI.s.3. of this compact, the generators who caused waste to be 
        placed at the compact facility with respect to which the 
        liability was incurred shall indemnify the party state or 
        employee against that liability.  Those generators also shall 
        indemnify the party state or employee against all reasonable 
        attorney's fees and expenses incurred in defending against any 
        such action.  The indemnification obligation of generators under 
        article VII.g. of this compact, shall be joint and several, 
        except that the indemnification obligation of party states with 
        respect to their activities as generators of waste shall not be 
        joint and several, but instead shall be prorated according to 
        the amount of waste each state has disposed of at the compact 
        facility giving rise to the liability.  Among generators, there 
        shall be rights of contribution based upon equitable principles, 
        and generators shall have rights of contribution against any 
        other person responsible for such damages under common law, 
        statute, rule, or regulation.  A party state that through its 
        own activities did not generate any waste disposed of at the 
        compact facility giving rise to the liability, an employee of 
        such a party state, and the Commission shall have no 
        contribution obligation under article VII.g. of this compact.  
        Article VII.g. of this compact shall not be construed as a 
        waiver of the sovereign immunity provided for in article 
        VII.f.1. of this compact. 
           h.  The sovereign immunity of a party state provided for in 
        article VII.f.1. of this compact, shall not be extended to any 
        private contractor assigned responsibilities as authorized in 
        article VI.g. of this compact.  
            ARTICLE VIII.  ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
          SUSPENSION OF ACCESS, ENTRY INTO FORCE, AND TERMINATION 
           a.  Eligible parties to this compact are the states of 
        Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, 
        Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, 
        South Dakota, Virginia and Wisconsin.  Eligibility terminates on 
        July 1, 1984.  
           b.  Any state not eligible for membership in the compact 
        may petition the Commission for eligibility to be eligible for 
        membership in the compact.  The Commission may establish 
        appropriate eligibility requirements.  These requirements may 
        include, but are not limited to, an eligibility fee or 
        designation as a host state.  A petitioning state becomes 
        eligible for membership in the compact upon the approval of the 
        Commission, including the affirmative vote of all the member 
        from each host states state in which a compact facility is 
        operating or being developed or constructed.  Any state becoming 
        eligible upon the approval of the Commission becomes a member of 
        the compact in the same manner as any state eligible for 
        membership at the time this compact enters into force when the 
        state enacts this compact into law and pays the eligibility fee 
        established by the Commission.  
           c.  An eligible state becomes a party state when the state 
        enacts the compact into law and pays the membership fee required 
        in article III.j.1.  
           d. b.  The Commission is formed upon the appointment of 
        Commission members and the tender of the membership fee payable 
        to the Commission by three party states.  The Governor of the 
        first state to enact this compact shall convene the initial 
        meeting of the Commission.  The Commission shall cause 
        legislation to be introduced in the Congress which grants the 
        consent of the Congress to this compact, and shall take action 
        necessary to organize the Commission and implement the 
        provisions of this compact.  
           e.  Any c.  A party state that has fully discharged its 
        obligations under article VI.i. of this compact, or has been 
        relieved under article VI.e. of this compact, of its 
        responsibilities to serve as a host state, may withdraw from 
        this compact by repealing the authorizing legislation but no 
        withdrawal may take effect until five years after the governor 
        of the withdrawing state gives notice in writing of the 
        withdrawal to the Commission and to the governor of each party 
        state and by receiving the unanimous consent of the Commission.  
        Withdrawal does not affect any liability already incurred by or 
        chargeable to a party state prior to the time of such 
        withdrawal.  Any host state which grants a disposal permit for 
        waste generated in a withdrawing state shall void the permit 
        when the withdrawal of that state is effective. takes effect on 
        the date specified in the Commission resolution consenting to 
        withdrawal.  All legal rights of the withdrawn state established 
        under this compact, including, but not limited to, the right to 
        have waste generated within its borders disposed of at compact 
        facilities, cease upon the effective date of withdrawal, but any 
        legal obligations of that party state under this compact, 
        including, but not limited to, those set forth in article 
        VIII.e. of this compact, continue until they are fulfilled. 
           f. d.  Any party state which that fails to comply with the 
        terms of this compact or fails to fulfill its obligations may 
        have its privileges reasonable financial penalties imposed 
        against it, the right to have waste generated within its borders 
        disposed of at compact facilities, or any noncompact facility 
        made available to the region by any agreement entered into by 
        the Commission pursuant to article III.h.6. of this compact, 
        suspended, or its membership in the compact revoked by the 
        Commission in accordance with article III.h.6 a two-thirds vote 
        of the Commission, provided that the membership of the party 
        state designated to host the next compact facility shall not be 
        revoked unless the member from the host state of any then 
        operating compact facility votes in the affirmative.  Revocation 
        takes effect one year from on the date the affected party state 
        receives written notice from the Commission of its 
        action specified in the resolution revoking the party state's 
        membership.  All legal rights of the affected revoked party 
        state established under this compact, including, but not limited 
        to, the right to have waste generated within its borders 
        disposed of at compact facilities, cease upon the effective date 
        of revocation, but any legal obligations of that party 
        state arising prior to revocation under this compact, including, 
        but not limited to, those set forth in article VIII.e. of this 
        compact, continue until they are fulfilled.  The chairperson of 
        the Commission shall transmit written notice of a revocation of 
        a party state's membership in the compact, suspension of a party 
        state's waste disposal rights, or imposition of financial 
        penalties immediately following the vote of the Commission to 
        the governor of the affected party state, all other governors of 
        all the other party states, and the Congress of the United 
        States.  
           e.  A party state that withdraws from this compact or has 
        its membership in the compact revoked before it has fully 
        discharged its obligations under article VI of this compact 
        forthwith shall repay to the Commission the portion of the funds 
        provided to that state by the Commission for the development, 
        construction, operation, closing, or long-term care of a compact 
        facility that the Commission determines is fair and equitable, 
        taking into consideration the period of time the compact 
        facility located in that host state was in operation and the 
        amount of waste disposed of at the facility.  If at any time 
        after a compact facility begins operating, a party state 
        withdraws from the compact or has its membership revoked, the 
        withdrawing or revoked party state shall be obligated forthwith 
        to pay to the Commission the amount the Commission determines 
        would have been paid under the fee system established by the 
        host state of the facility to dispose of at the facility the 
        estimated volume of waste generated in the withdrawing or 
        revoked party state that would have been disposed of at the 
        facility from the time of withdrawal or revocation until the 
        time the facility is closed.  Any funds so paid to the 
        Commission shall be distributed by the Commission to the persons 
        who would have been entitled to receive the funds had they 
        originally been paid to dispose of waste at the facility.  Any 
        person receiving such funds from the Commission shall apply the 
        funds to the purposes to which they would have been applied had 
        they originally been paid to dispose of waste at the compact 
        facility.  In addition, a withdrawing or revoked party state 
        forthwith shall pay to the Commission an amount the Commission 
        determines to be necessary to cover all other costs and damages 
        incurred by the Commission and the remaining party states as a 
        result of the withdrawal or revocation.  The intention of 
        article VIII.e. of this compact is to eliminate any decrease in 
        revenue resulting from withdrawal of a party state or revocation 
        of a party state's membership, to eliminate financial harm to 
        the remaining party states, and to create an incentive for party 
        states to continue as members of the compact and to fulfill 
        their obligations.  Article VIII.e. of this compact shall be 
        construed and applied so as to effectuate this intention.  
           f.  Any party state whose right to have waste generated 
        within its borders disposed of at compact facilities is 
        suspended by the Commission shall pay to the host state of the 
        compact facility to which access has been suspended the amount 
        the Commission determines is reasonably necessary to ensure that 
        the host state, or any political subdivision thereof, does not 
        incur financial loss as a result of the suspension of access. 
           g.  This compact becomes effective July 1, 1983, or at any 
        date subsequent to July 1, 1983, upon enactment by at least 
        three eligible states and consent to this compact by the 
        Congress.  However, article IX, section (b) shall not take 
        effect until the Congress has by law consented to this compact.  
        The Congress shall have an opportunity to withdraw such consent 
        every five years.  Failure of the Congress to affirmatively 
        withdraw its consent has the effect of renewing consent for an 
        additional five-year period.  The consent given to this compact 
        by the Congress shall extend to any future admittance of new 
        party states under sections b. and c. of this article and to the 
        power of the Commission to ban regulate the shipment and 
        disposal of waste from the region and disposal of naturally 
        occurring and accelerator-produced radioactive material pursuant 
        to article III this compact.  Amendments to this compact are 
        effective when enacted by all party states and, if necessary, 
        consented to by the Congress.  To the extent required by section 
        (4)(d) of "The Low-Level Radioactive Waste Policy Amendments Act 
        of 1985," every five years after this compact has taken effect, 
        the Congress by law may withdraw its consent.  
           h.  The withdrawal of a party state from this compact under 
        section e. of this article, the suspension of waste disposal 
        rights, the termination of a party state's designation as a host 
        state, or the suspension or revocation of a state's membership 
        in this compact under section f. of this article does not affect 
        the applicability of this compact to the remaining party states. 
           i.  A state which has been designated by the Commission to 
        be a host state has 90 days from receipt by the Governor of 
        written notice of designation to withdraw from the compact 
        without any right to receive refund of any funds already paid 
        pursuant to this compact, and without any further payment. 
        Withdrawal becomes effective immediately upon notice as provided 
        in section e. of this article.  A designated host state which 
        withdraws from the compact after 90 days and prior to fulfilling 
        its obligations shall be assessed a sum the Commission 
        determines to be necessary to cover the costs borne by the 
        Commission and remaining party states as a result of that 
        withdrawal.  This compact may be dissolved and the obligations 
        arising under this compact may be terminated only as follows: 
           1.  Through unanimous agreement of all party states 
        expressed in duly enacted legislation; or 
           2.  Through withdrawal of consent to this compact by the 
        Congress under Article I, Section 10, of the United States 
        Constitution, in which case dissolution shall take place 120 
        days after the effective date of the withdrawal of consent. 
           Unless explicitly abrogated by the state legislation 
        dissolving this compact, or if dissolution results from 
        withdrawal of Congressional consent, the limitations of the 
        investment and use of long-term care funds in articles VI.o. and 
        VI.q.4. of this compact, the contractual obligations in article 
        V.f. of this compact, the indemnification obligations and 
        contribution rights in articles VI.o., VI.s., and VII.g. of this 
        compact, and the operation rights and indemnification and hold 
        harmless obligations in article VI.q. of this compact, shall 
        remain in force notwithstanding dissolution of this compact. 
                    ARTICLE IX.  PENALTIES AND ENFORCEMENT
           a.  Each party state shall prescribe and enforce penalties 
        against any person who is not an official of another state for 
        violation of any provision of this compact.  
           b.  Unless otherwise authorized by the Commission pursuant 
        to article III.h. after January 1, 1986, it is a violation of 
        this compact:  
           1.  For any person to deposit at a regional facility waste 
        not generated within the region; 
           2.  For any regional facility to accept waste not generated 
        within the region; 
           3.  For any person to export from the region waste which is 
        generated within the region; or 
           4.  For any person to dispose of waste at a facility other 
        than a regional facility.  
           The parties to this compact intend that the courts of the 
        United States shall specifically enforce the obligations, 
        including the obligations of party states and revoked or 
        withdrawn party states, established by this compact. 
           c.  The Commission, an affected party state, or both, may 
        obtain injunctive relief, recover damages, or both, to prevent 
        or remedy violations of this compact. 
           d.  Each party state acknowledges that the receipt by 
        transport into a host state of waste packaged or transported in 
        violation of applicable laws, rules and regulations may result 
        in the imposition of sanctions by the host state which may 
        include reasonable financial penalties assessed against any 
        generator, transporter, or collector responsible for the 
        violation, or suspension or revocation of the violator's right 
        of access to the compact facility in the host state by any 
        generator, transporter, or collector responsible for the 
        violation.  
           d. e.  Each party state has the right to seek legal 
        recourse against any party state which acts in violation of this 
        compact. 
           f.  This compact shall not be construed to create any cause 
        of action for any person other than a party state or the 
        Commission.  Nothing in article IX.f. of this compact, shall 
        limit the right of judicial review set forth in article III.n.3. 
        of this compact, or the rights of contribution set forth in 
        articles III.p., VI.o., VI.s., and VII.g. of this compact. 
                   ARTICLE X.  SEVERABILITY AND CONSTRUCTION 
           The provisions of this compact shall be severable and if 
        any phrase, clause, sentence or provision of this compact is 
        declared finally determined by a court of competent jurisdiction 
        to be contrary to the Constitution of any participating state or 
        of the United States or the applicability application thereof to 
        any government, agency, person or circumstance is held invalid, 
        the validity of the remainder of this compact to that person or 
        circumstance and the applicability thereof of the entire compact 
        to any government, agency, other person or circumstance shall 
        not be affected thereby.  If any provision of this compact shall 
        be held contrary to the Constitution of any state participating 
        therein, the compact shall remain in full force and effect as to 
        the state affected as to all severable matters.  If any 
        provision of this compact imposing a financial obligation upon a 
        party state, or a state that has withdrawn from this compact or 
        had its membership in this compact revoked, is finally 
        determined by a court of competent jurisdiction to be 
        unenforceable due to the state's constitutional limitations on 
        its ability to pay the obligation, then that state shall use its 
        best efforts to obtain an appropriation to pay the obligation, 
        and, if the state is a party state, its right to have waste 
        generated within its borders disposed of at compact facilities, 
        or any noncompact facility made available to the region by any 
        agreement entered into by the Commission pursuant to article 
        III.h.6. of this compact, shall be suspended until the 
        appropriation is obtained. 
           Sec. 2.  Minnesota Statutes 1994, section 116C.832, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS DEFINED IN COMPACT.] The terms 
        defined in article II of the Midwest Interstate Low-Level 
        Radioactive Waste Compact have the meanings given them for the 
        purposes of sections 116C.833 to 116C.848 116C.849.  
           Sec. 3.  Minnesota Statutes 1994, section 116C.832, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [COMMITTEE.] "Committee" means the facility 
        siting policy development committee established under section 
        116C.842. 
           Sec. 4.  Minnesota Statutes 1994, section 116C.833, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SEMIANNUAL BIENNIAL REPORT.] In addition to 
        other duties specified in sections 116C.833 to 116C.843, the 
        commissioner shall report semiannually by January 31, 1997, and 
        biennially thereafter, to the governor and the legislature 
        concerning the activities of the Interstate Commission.  The 
        report shall include any recommendations the commissioner deems 
        necessary to assure the protection of the interest of the state 
        in the proper functioning of the compact.  The commissioner also 
        shall report to the governor and the legislature any time there 
        is a change in the status of a host state or other party states 
        in the compact. 
           Sec. 5.  Minnesota Statutes 1994, section 116C.834, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COSTS.] All costs incurred by the state to 
        carry out its responsibilities under the compact and under 
        sections 116C.833 to 116C.843 shall be paid by generators of 
        low-level radioactive waste in this state through fees assessed 
        by the pollution control agency.  The agency shall assess the 
        fees in the manner provided in section 16A.128 16A.1285.  Fees 
        may be reasonably assessed on the basis of volume or degree of 
        hazard of the waste produced by a generator.  Costs for which 
        fees may be assessed include, but are not limited to:  
           (a) the state contribution required to join the compact; 
           (b) the expenses of the Commission member and state agency 
        costs incurred to support the work of the Interstate Commission; 
        and 
           (c) regulatory costs, including but not limited to costs of 
        adopting and enforcing regulations if the state enters into a 
        limited agreement with the United States Nuclear Regulatory 
        Commission to assume state regulation of transportation and 
        packaging, or disposal, of low-level radioactive wastes; 
           (d) siting costs of a low-level radioactive waste facility 
        under section 116C.842 and sections 116C.845 to 116C.848 to the 
        extent that the costs are reasonably attributable to waste 
        generated in this state; and 
           (e) any liability the state may incur as a party state to 
        the compact.  
           Sec. 6.  Minnesota Statutes 1994, section 116C.834, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [STATE LIABILITIES.] Nothing in this section 
        shall be construed to require generators of low-level 
        radioactive waste to pay any financial obligation of the state 
        arising under article V, section f.; article VI, section e. or 
        l.5.; or article VIII, section d., e., or f. of the compact. 
           Sec. 7.  Minnesota Statutes 1994, section 116C.835, 
        subdivision 6, is amended to read: 
           Subd. 6.  [EFFECT ON STATE.] Nothing in this section shall 
        be construed to permit any action or remedy against the state 
        for violation of any provision of the compact.  The sole 
        remedy remedies for such a violation is the remedy are those 
        provided in article III, section h.6. and article VIII, section 
        f. of the compact.  
           Sec. 8.  Minnesota Statutes 1994, section 116C.836, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROCEEDINGS AGAINST PARTY STATE OR COMMISSION.] 
        The attorney general, in the name of the state, may:  
           (a) initiate a proceeding against another party state in 
        the manner as provided in article III IX, section i.3. e. of 
        the compact, and may appeal the decision decisions of the 
        Interstate Commission as provided in article III, section o. n.; 
        or 
           (b) initiate a proceeding in any court of competent 
        jurisdiction to review an action or decision of the Interstate 
        Commission, or to require the Commission to act or refrain from 
        acting under the terms of the compact in any matter affecting 
        the interest of the state.  
           Sec. 9.  Minnesota Statutes 1994, section 116C.842, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [FACILITY SITING POLICY DEVELOPMENT COMMITTEE.] 
        Following Minnesota's designation as a host state by the 
        Interstate Commission, and within 60 days after a compact 
        facility located in the host state immediately preceding 
        Minnesota begins operation, the governor shall, in consultation 
        with the commissioner, establish and appoint the membership of a 
        facility siting policy development committee.  The committee 
        shall study the issues relevant to developing a facility and 
        make recommendations concerning appropriate facility siting 
        criteria and development requirements.  The committee shall 
        number no more than 12 voting members, at least eight of whom 
        shall be individuals with expertise in a range of scientific 
        disciplines relevant to site development.  The committee shall 
        include at least one representative each from local government 
        and generators of low-level radioactive waste, and two 
        representatives from public interest groups.  In addition, the 
        environmental quality board, the Minnesota geological survey, 
        the departments of natural resources, transportation, and 
        health, and the agency shall have nonvoting membership on the 
        committee and shall provide information and technical assistance 
        to the committee as needed.  The committee shall report its 
        findings and recommendations to the governor and the legislature 
        no later than one year following the establishment of the 
        committee. 
           Sec. 10.  Minnesota Statutes 1994, section 116C.842, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [ADMINISTRATION.] The environmental quality 
        board shall provide administrative assistance to the committee. 
           Sec. 11.  Minnesota Statutes 1994, section 116C.842, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [COMPENSATION.] The citizen members of the 
        committee shall be compensated as provided in section 15.0575. 
           Sec. 12.  Minnesota Statutes 1994, section 116C.842, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [TERMINATION.] The committee is terminated upon 
        reporting its recommendations to the governor and legislature in 
        accordance with subdivision 1a. 
           Sec. 13.  [116C.849] [SITING CRITERIA.] 
           In making its facility siting policy recommendations to the 
        governor and the legislature, the committee shall consider 
        health, safety, and environmental protection above all other 
        siting criteria.  
           Sec. 14.  [REPEALER.] 
           Minnesota Statutes 1994, sections 116C.832, subdivisions 2, 
        7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841; 
        116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846; 
        116C.847; and 116C.848, are repealed. 
           Presented to the governor March 30, 1996 
           Signed by the governor April 2, 1996, 12:38 p.m.