S*174 Session 104 (1981-1982)
S*0174(Rat #0084, Act #0047 of 1981) General Bill, By T.E. Garrison, Leventis and
Moore
Similar(H 2526)
A Bill to amend Sections 13-7-410, 13-7-420, and 13-7-430, Code of Laws of
South Carolina, 1976, relating to the Southern Interstate Nuclear Compact, so
as to change the name of the Compact to the Southern States Energy Compact;
and to repeal Section 13-7-400, relating to the member of the Southern
Interstate Nuclear Board appointed by the Governor.-at
02/10/81 Senate Introduced and read first time SJ-7
02/10/81 Senate Referred to Committee on Medical Affairs SJ-7
03/17/81 Senate Committee report: Favorable with amendment
Medical Affairs SJ-16
03/18/81 Senate Amended SJ-14
03/18/81 Senate Read second time SJ-14
03/19/81 Senate Read third time and sent to House SJ-15
03/24/81 House Introduced and read first time HJ-1357
03/24/81 House Referred to Committee on Labor, Commerce and
Industry HJ-1358
04/15/81 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-1847
04/21/81 House Amended HJ-1942
04/21/81 House Read second time HJ-1943
04/22/81 House Read third time HJ-1973
04/22/81 House Returned HJ-1973
04/23/81 Senate Concurred in House amendment and enrolled SJ-4
04/30/81 Senate Ratified R 84 SJ-8
05/05/81 Signed By Governor
05/05/81 Effective date 05/05/81
05/05/81 Act No. 47
05/15/81 Copies available
(A47, R84, S174)
AN ACT TO AMEND SECTIONS 13-7-410, 13-7-420, AND 13-7-430, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE SOUTHERN INTERSTATE NUCLEAR COMPACT, SO AS
TO CHANGE THE NAME OF THE COMPACT TO THE SOUTHERN STATES ENERGY COMPACT; AND TO
REPEAL SECTION 13-7-440, RELATING TO THE MEMBER OF THE SOUTHERN INTERSTATE
NUCLEAR BOARD APPOINTED BY THE GOVERNOR.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 13-7-410 of the 1976 Code is amended to read:
"Section 13-7-410. As used in this article, unless context requires
otherwise:
(1) 'Compact' means the Southern States Energy Compact;
(2) 'Board' means the Southern States Energy Board."
Compact Enacted
SECTION 2. Section 13-7-420 of the 1976 Code is amended to read:
"Section 13-7-420. The Southern States Energy Compact is hereby enacted
into law and entered into by the State of South Carolina with any and all states
legally joining therein in accordance with its terms.
Article I. Policy and Purpose
The party states recognize that the proper employment and conservation of
energy and employment of energy-related facilities, materials, and products,
within the context of a responsible regard for the environment, can assist
substantially in the industrialization of the South and the development of a
balanced economy for the region. They also recognize that optimum benefit from
and acquisition of energy resources and facilities require systematic
encouragement, guidance, and assistance from the party states on a cooperative
basis. It is the policy of the party states to undertake such cooperation on a
continuing basis; it is the purpose of this compact to provide the instruments
and framework for such a cooperative effort to improve the economy of the South
and contribute to the individual and community well-being of the region's people.
Article II. The Board
(a) There is hereby created an agency of the party states to be known as the
Southern States Energy Board. The board shall be composed of three members from
each party state, one of whom shall be the Governor or his designate, one shall
be a member of the Senate appointed by the President and one shall be a member
of the House of Representatives appointed by the Speaker. Members shall serve
terms coterminous with that term for which each member is elected. All vacancies
shall be filled in the manner as the original appointment for the unexpired
portion of the term only. Each member shall be designated or appointed in
accordance with the law of the state which he represents and shall serve and be
subject to removal in accordance with such law. Any member of the board may
provide for the discharge of his duties and the performance of his functions
thereon (either for the duration of his membership or for any lesser period of
time) by a deputy or assistant, if the laws of his state make specific provisions
therefor. The federal government may be represented without vote if provision is
made by federal law for such representation.
(b) Each party state shall be entitled to one vote on the board, to be
determined by majority vote of each member or member's representative from the
party state present and voting on any question. No action of the board shall be
binding unless taken at a meeting at which a majority of all party states are
represented and unless a majority of the total number of votes on the board are
cast in favor thereof.
(c) The board shall have a seal.
(d) The board shall elect annually, from among its members, a chairman, a vice
chairman, and a treasurer. The board shall appoint an Executive Director who
shall serve at its pleasure and who shall also act as Secretary, and who,
together with the Treasurer, shall be bonded in such amounts as the board may
require.
(e) The Executive Director, with the approval of the board, shall appoint and
remove or discharge such personnel as may be necessary for the performance of the
board's functions notwithstanding the civil service, personnel or other merit
system laws of any of the party states.
(f) The board may establish and maintain, independently or in conjunction with
any one or more of the party states, a suitable retirement system for its full
time employees. Employees of the board shall be eligible for social security
coverage in respect of old age and survivors insurance provided that the board
takes such steps as maybe necessary pursuant to federal law to participate in
such program of insurance as a governmental agency or unit. The board may
establish and maintain or participate in such additional programs of employee
benefits as may be appropriate.
(g) The board may borrow, accept, or contract for the services of personnel
from any state or the United States or any subdivision or agency thereof, from
any interstate agency, or from any institution, person, firm or corporation.
(h) The board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and services (conditional or otherwise) from any state or the United
States or any subdivision or agency thereof, or interstate agency or from any
institution, person, firm, or corporation, and may receive, utilize, and dispose
of the same.
(i) The board may establish and maintain such facilities as maybe necessary for
the transacting of its business. The Board may acquire, hold, and convey real and
personal property and any interest therein.
(j) The board shall adopt bylaws, rules, and regulations for the conduct of its
business, and shall have the power to amend and rescind these bylaws, rules, and
regulations. The board shall publicize bylaws, rules, and regulations in
convenient form and shall file a copy thereof, and shall also file a copy of any
amendment thereto, with the appropriate agency or officer in each of the party
states.
(k) The board annually shall make to the governor of each party state, a report
covering the activities of the board for the preceding year, and embodying such
recommendations as may have been adopted by the board, which report shall be
transmitted to the legislature of such state. The board may issue such additional
reports as it may deem desirable.
Article III. Finances
(a) The board shall submit to the executive head or designated officer or
officers of each party state a budget of its estimated expenditures for such
period as may be required by the laws of that jurisdiction for presentation to
the legislature thereof.
(b) Each of the board's budgets of estimated expenditures shall contain specific
recommendations of the amount or amounts to be appropriated by each of the party
states. One-half of the total amount of each budget of estimated expenditures
shall be apportioned among the party states in equal shares; one quarter of each
such budget shall be apportioned among the party states in accordance with the
ratio of their populations to the total population of the entire group of party
states based on the last decennial federal census; and one quarter of each such
budget shall be apportioned among the party states on the basis of the relative
average per capita income of the inhabitants in each of the party states based
on the latest computations published by the federal census-taking agency. Subject
to appropriation by their respective legislatures, the board shall be provided
with such funds by each of the party sites as are necessary to provide the means
of establishing and maintaining facilities, a staff of personnel and such
activities as may be necessary to fulfill the powers and duties imposed upon and
entrusted to the board.
(c) The board may meet any of its obligations in whole or in part with funds
available to it under Article II (h) of this compact, provided that the board
takes specific action setting aside such funds prior to the incurring of any
obligation to be met in whole or in part in this manner. Except where the board
makes use of funds available to it under Article II (h) hereof, the board shall
not incur any obligation prior to the allotment of funds by the party
jurisdictions adequate to meet the same.
(d) The board shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the board shall be subject to the audit and
accounting procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the board shall be audited yearly by a
qualified public accountant and the report of the audit shall be included in and
become part of the annual report of the board.
(e) The accounts of the board shall be open at any reasonable time for
inspection.
Article IV. Advisory Committees
The board may establish such advisory and technical committees as it may deem
necessary, membership on which to include but not be limited to private citizens,
expert and lay personnel, representatives of industry, labor, commerce,
agriculture, civic associations, medicine, education, voluntary health agencies,
and officials of local, state and federal government, and may cooperate with and
use the services of any such committees and the organizations which they
represent in furthering any of its activities under this compact.
Article V. Powers
The board shall have power to:
(a) Ascertain and analyze on a continuing basis the position of the South with
respect to energy, energy-related industries, and environmental concerns.
(b) Encourage the development, conservation, and responsible use of energy and
energy-related facilities, installations, and products as part of a balanced
economy and healthy environment.
(c) Collect, correlate, and disseminate information relating to civilian uses
of energy and energy-related materials and products.
(d) Conduct, or cooperate in conducting, programs of training for state and
local personnel engaged in any aspect of:
(1) Energy, environment, and application of energy, environmental, and
related concerns to industry, medicine, or education or the promotion or
regulation thereof.
(2) The formulation or administration of measures designed to promote safety
in any matter related to the development, use or disposal of energy and
energy-related materials, products, installations, or wastes.
(e) Organize and conduct, or assist and cooperate in organizing and conducting,
demonstrations of energy product, material, or equipment use and disposal and of
proper techniques or processes for the application of energy resources to the
civilian economy or general welfare.
(f) Undertake such non-regulatory functions with respect to sources of
radiation as may promote the economic development and general welfare of the
region.
(g) Study industrial, health, safety, and other standards, laws,codes, rules,
regulations, and administrative practices in or related to energy and
environmental fields.
(h) Recommend such changes in, or amendments or additions to the laws, codes,
rules, regulations, administrative procedures and practices or ordinances of the
party states in any of the fields of its interest and competence as in its
judgment may be appropriate. Any such recommendation shall be made through the
appropriate state agency with due consideration of the desirability of uniformity
but shall also give appropriate weight to any special circumstances which may
justify variations to meet local conditions.
(i) Prepare, publish and distribute (with or without charge) such reports,
bulletins, newsletters or other material as it deems appropriate.
(j) Cooperate with the United States Department of Energy or any agency
successor thereto, any other officer or agency of the United States, and any
other governmental unit or agency or officer thereof, and with any private
persons or agencies in any of the fields of its interests.
(k) Act as licensee of the United States Government or any party state with
respect to the conduct of any research activity requiring such license and
operate such research facility or undertake any program pursuant thereto.
(l) Ascertain from time to time such methods, practices, circumstances, and
conditions as may bring about the prevention and control of energy and
environmental incidents in the area comprising the party states, to coordinate
the environmental and other energy-related incident prevention and control plans
and the work relating thereto of the appropriate agencies of the party states and
to facilitate the rendering of aid by the party states to each other in coping
with energy and environmental incidents. The board may formulate and in
accordance with need from time to time, revise a regional plan or regional plans
for coping with energy and environmental incidents within the territory of the
party states as a whole or within any subregion or subregions of the geographic
area covered by this compact.
Article VI. Supplementary Agreements
(a) To the extent that the board has not undertaken an activity or project
which would be within its power under the provisions of Article V of this
compact, any two or more of the party states (acting by their duly constituted
administrative officials) may enter into supplementary agreements for the
undertaking and continuance of such an activity or project. Any such agreement
shall specify its purposes; its duration and the procedure for termination
thereof or withdrawal therefrom; the method of financing and allocating the costs
of the activity or project; and such other matters as may be necessary or
appropriate. No such supplementary agreement entered into pursuant to this
article shall become effective prior to its submission to and approval by the
board. The board shall give such approval unless it finds that the supplementary
agreement or the activity or project contemplated thereby is inconsistent with
the provisions of this compact or a program or activity conducted by or
participated in by the board.
(b) Unless all of the party states participate in a supplementary agreement,
any cost or costs thereof shall be borne separately by the states party thereto.
However, the board may administer or other wise assist in the operation of any
supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to this article
shall be relieved thereby of any obligation or duty assumed by such party state
under or pursuant to this compact, except that timely and proper performance of
such obligation or duty by means of the supplementary agreement may be offered
as performance pursuant to the compact.
Article VII. Other Laws and Relations
Nothing in this compact shall be construed to:
(a) Permit or require any person or other entity to avoid or refuse compliance
with any law, rule, regulation, order or ordinance of a party state or
subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by the United
States Department of Energy, any agency success or thereto, or any other federal
department, agency or officer pursuant to and in conformity with any valid and
operative act of Congress.
(c) Alter the relations between and respective internal responsibilities of the
government of a party state and its subdivisions.
(d) Permit or authorize the board to exercise any regulatory authority or to
own or operate any nuclear reactor for the generation of electric energy; nor
shall the board own or operate any facility or installation for industrial or
commercial purposes.
Article VIII. Eligible Parties, Entry Into Force and Withdrawal
(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia,
Kentucky, Louisiana, Maryland, Mississippi,Missouri, North Carolina, Oklahoma,
South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of
Puerto Rico, and the United States Virgin Islands shall be eligible to be come
party to this compact.
(b) As to any eligible party state, this compact shall become effective when
its legislature shall have enacted the same into law; provided that it shall not
become initially effective until enacted into law by seven states.
(c) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall become effective until the
governor of the withdrawing state shall have sent formal notice in writing to the
governor of each other party state in forming such governors of the action of the
legislature in repealing the compact and declaring an intention to withdraw.
(d) The provisions of this act shall become effective at such time as nine of
the party states to the Southern Interstate Nuclear Compact approve substantially
the same changes in the compact as are provided for in this act and the Congress
of the United States consents to the compact, substantially as amended by this
act.
Article IX. Severability and Construction
The provisions of this compact and of any supplementary agreement entered into
here under shall be severable and if any phrase, clause, sentence or provisions
of this compact or such supplementary agreement is declared to be contrary to the
constitution of any participating state or of the United States or the
applicability thereof to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of this compact or such supplementary
agreement and the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compactor any supplementary
agreement entered into here under shall be held contrary to the constitution of
any state participating therein, the compact or such supplementary agreement
shall remain in full force and effect as to the remaining states and in full
force and effect as to the state affected as to all severable matters. The
provisions of this compact and of any supplementary agreement entered into
pursuant hereto shall be liberally construed to effectuate the purposes
thereof."
Repeal
SECTION 3. Section 13-7-440 of the 1976 Code is repealed.
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |