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The Senate resumed consideration of the Bill. The question being the second reading of the Bill.

Senator LEVENTIS proposed the following Amendment No. 71 (PT\1958SD.95), which was tabled:

Amend the bill, as and if amended, Part II, Section 79, page 586, by adding a new paragraph at the end of Section 48-47-30(10) of the 1976 Code, beginning on line 25, to read:

/As another condition of further operation of the Barnwell low-level radioactive disposal facility beyond December 31, 1995, for the Southeast Regional Compact, as formed by Public Law 99-240 and this title, North Carolina and the Southeast Compact members must:

(1) agree to hold harmless the State of South Carolina and to provide indemnification to the State of South Carolina for any risks or liability attributable to receipt or disposal of low-level radioactive waste at the Barnwell site after December 31, 1995;

(2) agree to provide indemnification for any costs or liability incurred by the State of South Carolina as a result of assuming title to waste disposed of in this State beginning in 1996 pursuant to 42 U.S.C., Section2021e(d)(2)(c) (Supp. III 1985);

(3) agree to any assessment of the aforementioned risks and liabilities as may be determined by a court of competent jurisdiction or an arbiter;

(4) contractually agree to subject themselves to a court of competent jurisdiction; and

(5) provide South Carolina with a credit, as defined below, for the volume of waste accepted during the period between January 1, 1996, and the time North Carolina's low-level radioactive waste disposal facility becomes operational. Once North Carolina's facility is operational, South Carolina's generators of low-level radioactive waste shall be granted a credit for waste accepted during the above-cited interim period by being allowed additional disposal capacity in the amount of waste accepted during the above-cited interim./

Amend sections, totals and title to conform.

Senator LEVENTIS moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Drummond

Ford              Giese            Glover

Lander            Leatherman       Martin

Matthews          McGill           Mescher

Moore             O'Dell           Patterson

Reese             Ryberg           Smith, J.V.

Thomas

Cork              Courtney         Leventis

Passailaigue      Peeler           Richter

Rose              Short            Smith, G.

Stilwell          Waldrep          Wilson

The amendment was laid on the table.

Senator RICHTER proposed the following Amendment No. 77 (PT\1959AC.95), which was tabled:

Amend the bill, as and if amended, Part II, Section 79, page 586, by deleting lines 39 and 40, and inserting:

/Section 48-47-175. A. There is imposed a tax of six dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State of;

(1) four hundred dollars during the period of July 1, 1995, through December 31, 1995;

(2) eight hundred dollars during the period of January 1, 1996, through December 31, 1996; and

For each subsequent year that radioactive waste originating outside of the State of South Carolina is disposed of in this State, the tax imposed on each cubic foot of low-level radioactive waste is increased by one thousand dollars each year./

Amend further, Part II, Section 79, subsection B., Page 587, by deleting /Ninety-five percent/ and inserting /Eighty-five percent/.

Amend further Part II, Section 79, subsection B., page 587, by adding after line 15:

/(F) Ten percent of the revenues collected pursuant to this section must be credited to the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund, a fund which must be established by the State Treasurer as separate and distinct from the general fund. The State Treasurer must remit funds from the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund to the Department of Health and Environmental Control which must use these funds to provide economic assistance to radioactive waste generators located in South Carolina, according to guidelines established by the Department of Health and Environmental Control./

Amend sections, totals and title to conform.

Senator RICHTER argued in favor of the adoption of the amendment.

Senator MOORE raised a Point of Order that the Senator's remarks and presentation materials were not germane to the amendment.

The PRESIDENT overruled the Point of Order.

Senator RICHTER continued arguing in favor of the adoption of the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Drummond

Ford              Giese            Land

Lander            Leatherman       Martin

Matthews          McConnell        McGill



Printed Page 2283 . . . . . Wednesday, May 3,
1995

Mescher           MoorePatterson

Rankin            Ryberg           Saleeby

Smith, J.V.       Thomas           Waldrep

Williams

Cork              Courtney         Elliott

Leventis          Peeler           Reese

Richter           Rose             Russell

Setzler           Smith, G.        Stilwell

Wilson

The amendment was laid on the table.

Senators LEVENTIS and CORK proposed the following Amendment No. 82 (DKA\3984AC.95), which was tabled:

Amend the bill, as and if amended, SECTION 79, Part II, beginning on page 586, by adding an appropriately lettered subsection to read:

/__. Notwithstanding another provision of law, no waste generated outside the Southeast Compact Region as it existed on May 1, 1995, may be disposed of at the facility identified in Section 48-47-30(10)(2) after January 1, 1996./

Reletter subsections and amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan             Drummond         Ford

Giese             Land             Lander

Martin            Matthews         McGill

Mescher           Moore            O'Dell



Printed Page 2284 . . . . . Wednesday, May 3,
1995

Patterson         RankinReese

Ryberg            Saleeby          Smith, J.V.

Thomas            Waldrep          Williams

Alexander         Cork             Courson

Courtney          Elliott          Leventis

Passailaigue      Peeler           Richter

Rose              Russell          Smith, G.

Stilwell          Wilson

The amendment was laid on the table.

Senator CORK proposed the following Amendment No. 74 (JIC\5905AC.95), which was tabled:

Amend the bill, as and if amended, Part II, SECTION 79, page 588, by inserting after the /./ on line 26 /However, effective January 1, 1996, the Barnwell facility shall accept only radioactive waste classified as Class A radioactive waste by the United States Department of Energy, and effective January 1, 1996, no Class B or Class C radioactive waste may be disposed of at the Barnwell facility./

Amend sections, totals and title to conform.

Senators CORK and LEVENTIS argued in favor of the adoption of the amendment.

Senator CORK moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan             Drummond         Giese

Land              Lander           Leatherman

Martin            Matthews         Mescher

Moore             O'Dell           Patterson



Printed Page 2285 . . . . . Wednesday, May 3,
1995

Rankin            ReeseRyberg

Saleeby           Setzler          Smith, J.V.

Thomas            Williams

Cork              Courson          Courtney

Elliott           Gregory          Leventis

McConnell         Passailaigue     Peeler

Richter           Rose             Russell

Smith, G.         Stilwell         Waldrep

Wilson

The amendment was laid on the table.

Senator LEVENTIS proposed the following Amendment No. 73 (PT\1957AC.95), which was tabled:

Amend the bill, as and if amended, Part II, Section 79, subsection C., page 589, by inserting after line 5:

/G. No generators from any state may dispose of radioactive waste at the Barnwell facility unless the State has been certified by the Southeast Compact Commission to be making reasonable and timely progress toward the development of its own disposal facility or is certified by the Southeast Compact Commission to belong to a regional compact which is making reasonable and timely progress toward the development of its own disposal facility./

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan             Drummond         Giese

Lander            Leatherman       Martin

Matthews          McGill           Mescher

Moore             O'Dell           Patterson

Rankin            Reese            Ryberg

Saleeby           Smith, J.V.      Thomas

Waldrep           Williams

Cork              Courson          Courtney

Elliott           Gregory          Leventis

McConnell         Passailaigue     Peeler

Richter           Rose             Russell

Short             Smith, G.        Stilwell

Wilson

The amendment was laid on the table.

Senator LEVENTIS proposed the following Amendment No. 75 (JIC\5899AC.95), which was adopted:

Amend the bill, as and if amended, Part II, SECTION 79, by adding an appropriately lettered subsection to read:

/___. 1. In that the Barnwell facility is located on state-owned property and because the State has responsibility for long-term custody and maintenance of the Barnwell site following closure, it is appropriate that all information possessed by any state governmental entity which pertains to closure and postclosure plans is subject to public access under the Freedom of Information Act.

2. The 1976 Code is amended by adding:

"Section 48-48-100. All information which pertains to closure and postclosure plans for the facility at Barnwell that is in the possession of a state governmental entity is subject to disclosure under the Freedom of Information Act."/

Amend sections, totals and title to conform.

Senator LEVENTIS moved that the amendment be adopted.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Drummond

Land              Lander           Leatherman

Martin            Matthews         McGill

Mescher           Moore            O'Dell

Patterson         Ryberg           Saleeby

Smith, J.V.       Thomas           Washington

Williams

Cork              Courson          Courtney

Elliott           Giese            Gregory

Leventis          McConnell        Passailaigue

Peeler            Rankin           Reese

Richter           Rose             Russell

Short             Smith, G.        Stilwell

Waldrep           Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator WILLIAMS spoke on the amendment.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 76 (PFM\7443AC.95), which was tabled:

Amend the bill, as and if amended, Part II, Section 79, by adding an appropriately lettered subsection to read:

/___. 1. In that the disposal of radioactive waste in South Carolina is a government-sanctioned monopoly, rates charged by a private company operating a low-level radioactive waste disposal facility should be subject to approval by the Public Service Commission.

2. The 1976 Code is amended by adding:

"Section 48-48-95. Effective January 1, 1996, rates charged by a private company operating a low-level radioactive waste disposal facility are subject to approval by the Public Service Commission. The Public Service Commission shall provide for public input before approving rates for disposal of low-level radioactive waste."/

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

At 3:55 P.M., on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed fifteen minutes, with Senator LEVENTIS retaining the floor.

At 4:10 P.M., the Senate resumed.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

Senator MOORE argued contra to the adoption of the amendment.

Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator MOORE continued arguing contra to the adoption of the amendment.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Courson

Courtney          Drummond         Elliott

Giese             Gregory          Holland

Jackson           Land             Lander

Leatherman        Martin           Matthews

McConnell         McGill           Mescher

Moore             O'Dell           Patterson

Rankin            Reese            Russell

Ryberg            Saleeby          Setzler

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams

Cork              Leventis         Passailaigue

Peeler            Richter          Short

Smith, G.         Wilson

The amendment was laid on the table.

Senators LEVENTIS and CORK proposed the following Amendment No. 81 (BBM\10246AC.95), which was tabled:

Amend the bill, as and if amended, Part II, by striking SECTION 79 and inserting:

Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after January 1, 1996. Nothing in this section prevents the State of South Carolina from operating the facility only for low-level radioactive wastes generated in South Carolina./

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

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