H 3869 General Bill, By J. Smith and Lourie
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 48-48-150 SO AS TO ESTABLISH THE LOW-LEVEL RADIOACTIVE WASTE ASSISTANCE FUND
 TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO
 ASSIST SOUTH CAROLINA GENERATORS IN DEFRAYING THE COST OF STORING,
 TRANSPORTING, AND DISPOSING OF THIS WASTE; AND TO AMEND SECTION 48-48-140, AS
 AMENDED, RELATING TO TAXES IMPOSED ON LOW-LEVEL RADIOACTIVE WASTE, SO AS TO
 PROVIDE THAT THE TAX MUST BE IMPOSED ON EACH CURIE RATHER THAN ON EACH CUBIC
 FOOT, TO ESTABLISH THE TAX OF FOUR HUNDRED FIFTY DOLLARS PER CURIE, TO PROVIDE
 THAT ONE MILLION TWO HUNDRED THOUSAND DOLLARS ANNUALLY, RATHER THAN SIX
 DOLLARS PER CUBIC FOOT, MUST BE CREDITED TO THE EDUCATION FINANCE ACT, TO
 ALLOCATE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS TO BARNWELL COUNTY, TO
 CREDIT FIVE PERCENT TO THE LOW-LEVEL RADIOACTIVE WASTE ASSISTANCE FUND, AND TO
 CREDIT NINETY-FIVE PERCENT TO THE CHILDREN'S EDUCATION ENDOWMENT.

   04/07/99  House  Introduced and read first time HJ-6
   04/07/99  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-6

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-48-150 SO AS TO ESTABLISH THE LOW-LEVEL RADIOACTIVE WASTE ASSISTANCE FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST SOUTH CAROLINA GENERATORS IN DEFRAYING THE COST OF STORING, TRANSPORTING, AND DISPOSING OF THIS WASTE; AND TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO TAXES IMPOSED ON LOW-LEVEL RADIOACTIVE WASTE, SO AS TO PROVIDE THAT THE TAX MUST BE IMPOSED ON EACH CURIE RATHER THAN ON EACH CUBIC FOOT, TO ESTABLISH THE TAX OF FOUR HUNDRED FIFTY DOLLARS PER CURIE, TO PROVIDE THAT ONE MILLION TWO HUNDRED THOUSAND DOLLARS ANNUALLY, RATHER THAN SIX DOLLARS PER CUBIC FOOT, MUST BE CREDITED TO THE EDUCATION FINANCE ACT, TO ALLOCATE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS TO BARNWELL COUNTY, TO CREDIT FIVE PERCENT TO THE LOW-LEVEL RADIOACTIVE WASTE ASSISTANCE FUND, AND TO CREDIT NINETY-FIVE PERCENT TO THE CHILDREN'S EDUCATION ENDOWMENT.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 48-48-150. (A) There is established the Low-Level Radioactive Waste Assistance Fund to be administered by the Department of Health and Environmental Control to assist in defraying the cost of storing, transporting, and disposing of low-level radioactive waste for instate generators of this waste.

(B) The department shall promulgate regulations including an allocation formula and procedures whereby a low-level radioactive waste generator in this State may apply to the fund to defray the cost of storing, transporting, and disposing of low-level radioactive waste.

(C) Revenue must be credited to the fund by the State Treasurer from taxes imposed pursuant to Section 48-48-140."

SECTION 2. Section 48-48-140 of the 1976 Code, as last amended by Section 22A, Part II, Act 155 of 1997, is further amended to read:

"Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five four hundred fifty dollars a cubic foot on each cubic foot curie of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the Children's Education Endowment as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in subsection (C).

(B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end of each quarter shall submit the following to the South Carolina Department of Revenue:

(1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and

(2) a check made payable to the South Carolina Department of Revenue for the amount of the tax imposed in (A) above.

(C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State Of the tax imposed pursuant to subsection (A), the first one million two hundred thousand dollars must be allocated in each fiscal year to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to this section must be allocated as follows: Of the revenues remaining, five percent of the revenues collected pursuant to this section must be credited to the Low-level Radioactive Waste Assistance Fund established pursuant to Section 48-48-150 and ninety-five percent of the revenues collected pursuant to this section must be credited to the Children's Education Endowment, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues. After the one million two hundred thousand dollars is allocated to the Education Finance Act and before the other funds are credited pursuant to this subsection, two million five hundred thousand dollars must be remitted annually by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.

(D) For purposes of this section 'low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.

(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot curie by the cubic foot curie amount specified in the permits required by the South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste.

(F) In addition to the disposal tax imposed pursuant to this section, there is imposed a contingent annual license tax on any company which operates a licensed disposal site in this State for the disposal of low-level radioactive waste. The tax is an amount determined as follows:

(1) for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the shortfall, if any, in amounts credited for the fiscal year to the Higher Education Scholarship Grants portion of the Children's Education Endowment Fund and twenty-two million dollars;

(2) for the fiscal year beginning July 1, 1997, and ending June 30, 1998, an amount calculated as provided in item (1), except that the applicable fiscal year is 1997-98 and the applicable amount is twenty-three million dollars;

(3) for fiscal years beginning after June 30, 1998, an amount as determined in item (1), except that the applicable fiscal year is the then current fiscal year and the applicable amount is twenty-four million dollars.

The tax imposed by this subsection is due and payable at the same time provided for the payment of the disposal fee provided pursuant to subsection (B), calculated proportionately over the fiscal year. Underpayments or overpayments in a year must be reflected by an adjusted payment for the first quarter of the succeeding fiscal year.

The tax imposed by this subsection is enforceable as provided in Chapter 54 of Title 12.

Notwithstanding the provisions of this subsection, the entire contingent license tax due for Fiscal Year 1996-97 and the estimated contingent license tax due for the first quarter of Fiscal Year 1997-98 are due and payable before January 31, 1998.

Notwithstanding the provisions of Section 59-143-10, the amount of earned revenue for the Higher Education Scholarship Grants portion for Fiscal Year 1996-97 must be increased by the contingent annual license tax due and payable by January 31, 1998.

Revenue of the contingent license tax imposed by this section must be credited to the Higher Education Scholarship Grants portion of the Children's Education Endowment Fund."

SECTION 3. This act takes effect July 1, 1999.