H 3245 General Bill, By Sheheen and J. Smith
 A BILL TO AMEND SECTION 48-48-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE APPOINTMENT OF A LOW-LEVEL RADIOACTIVE WASTE COMPACT
 NEGOTIATING COMMITTEE AND THE PROHIBITION AGAINST LOW-LEVEL RADIOACTIVE WASTE
 GENERATED WITHIN THE STATE OF NORTH CAROLINA BEING DISPOSED OF AT A FACILITY
 LOCATED IN THIS STATE, SO AS TO DELETE THE COMMITTEE, TO FURTHER PROVIDE FOR
 THE DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO CUSTODY AND
 MAINTENANCE OF THE BARNWELL FACILITY AFTER CLOSURE, AND TO PROVIDE THAT NO
 LOW-LEVEL RADIOACTIVE WASTE GENERATED OUTSIDE THE STATE OF SOUTH CAROLINA MAY
 BE DISPOSED OF AT A FACILITY LOCATED IN THIS STATE.

   01/06/99  House  Prefiled
   01/06/99  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/12/99  House  Introduced and read first time HJ-90
   01/12/99  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-90

TO AMEND SECTION 48-48-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A LOW-LEVEL RADIOACTIVE WASTE COMPACT NEGOTIATING COMMITTEE AND THE PROHIBITION AGAINST LOW-LEVEL RADIOACTIVE WASTE GENERATED WITHIN THE STATE OF NORTH CAROLINA BEING DISPOSED OF AT A FACILITY LOCATED IN THIS STATE, SO AS TO DELETE THE COMMITTEE, TO FURTHER PROVIDE FOR THE DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO CUSTODY AND MAINTENANCE OF THE BARNWELL FACILITY AFTER CLOSURE, AND TO PROVIDE THAT NO LOW-LEVEL RADIOACTIVE WASTE GENERATED OUTSIDE THE STATE OF SOUTH CAROLINA MAY BE DISPOSED OF AT A FACILITY LOCATED IN THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 48-48-80 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"Section 48-48-80. (A) The Governor shall appoint a Low-Level Radioactive Waste Compact Negotiating Committee. The committee shall be composed of seven members appointed by the Governor, three who shall be from the State at large, two who shall be members of the South Carolina Senate recommended by the President Pro Tempore of the Senate, and two who shall be members of the South Carolina House of Representatives recommended by the Speaker. The committee shall negotiate with representatives of other states to establish a new low-level radioactive waste management compact, subject to the following requirements:

(1) the committee shall only negotiate with states that have demonstrated a commitment to the compacting process and that have made substantial progress in implementing that process and who have passed an act authorizing representatives to enter compact negotiations;

(2) the State, as the initial host state, must have ultimate authority over access to the Barnwell facility and the terms and conditions for such access;

(3) the Compact Commission, subject to approval by the South Carolina representatives on the commission, must have authority to negotiate contracts with other states and with individual generators directly; and

(4) the compact must provide for an appropriate host fee to be paid to Barnwell County.

(5) the compact must be ratified by a joint resolution of the General Assembly.

(B)(A) In accordance with Section 13-7-30, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following final closure and license transfer cancellation from the facility operator. The department is responsible for continued site monitoring.

(C)(B) Nothing in this section must be construed to alter or diminish the existing statutory authority of the department to regulate activities involving radioactive materials and radioactive wastes.

(D)(C) No low-level radioactive waste generated within outside the State of North South Carolina may be disposed of at a facility located in this State."

SECTION 2. This act takes effect upon approval by the Governor.