H*3590(Rat #0562, Act #0452 of 1982)  General Bill, By H.H. Keyserling, 
F.X. Archibald, M.R. Daniel, T.W. Edwards, P. Freeman, H.C. Granger, 
R. Schwartz, D.E. Winstead and R.R. Woods

Similar(S 819)
 A Bill to amend Title 48, Code of Laws of South Carolina, 1976, by adding
 Chapter 47, so as to create and provide for the Southeast Interstate Low-Level
 Radioactive Waste Management Compact; to provide that if South Carolina
 becomes the first "designated host state", the required four-year advance
 notification to the Compact Commission of intended closure without cause of a
 regional facility located within its borders, and the reasons therefor, need
 not be given; to provide that if South Carolina becomes the first "designated
 host state", South Carolina can withdraw from the Compact at any time without
 being subject to the provision that if a regional facility is located within a
 withdrawing state the regional facility shall remain available to the region
 for four years after the date the Compact Commission receives notification in
 writing from the Governor of the withdrawing party state of its rescission of
 the Compact; to provide for the appointment of two members to the Compact
 Commission from this State; to create an advisory committee to consult with
 and advise this State's representatives to the Compact Commission concerning
 technical and policy matters; to provide for the establishment of a joint
 legislative delegation to meet with legislative representatives of other
 southeastern states to discuss the compact; to provide for the membership of
 the joint legislative delegation; and to amend Section 13-7-30, relating to
 the powers and duties of the State Budget and Control Board with respect to
 atomic energy and radiation control, so as to delete the clause "which the
 Board believes will foster the development of the State's economic potential
 in the atomic energy field", with respect to land and facilities for which the
 Board can expend State funds for certain purposes, provide for the lease,
 sublease, or sale of real and personal properties to public or private bodies,
 provide that the Board shall assume responsibility for extended rather than
 perpetual custody and maintenance of radioactive materials held for custodial
 purposes at any publicly or privately operated facility located within the
 State in the event the parties operating these facilities abandon their
 responsibility and, whenever the federal government or any agency of the
 federal government has not assumed the responsibility, provide for financing
 such extended custody and maintenance by collecting certain fees, provide that
 the fees collected for custodial management activities shall also be
 sufficient to provide additional funds for the purchase of insurance which
 shall be purchased for the protection of the State and the general public for
 the period such radioactive material may present a possible danger to the
 general public in the event of migration or dispersal of such radioactivity,
 provide that the fees must be placed in an "extended care maintenance fund",
 provide that any interest accruing as a result of investment must accrue to
 this "extended care maintenance fund", provide that the Board shall enter into
 an agreement with the federal government or any of its authorized agencies to
 assume extended, rather than perpetual, maintenance of lands donated, leased,
 or purchased from the federal government or any of its authorized agencies and
 used for development of atomic energy resources or as custodial sites for
 radioactive materials, and provide that in accordance with Section
 48-47-100(2) the Board shall impose, collect, and disburse special fees or
 surcharges on all users of any regional low-level radioactive waste disposal
 facility so as to provide for annual funding of the Compact Commission.-at

   02/23/82  House  Introduced and read first time HJ-986
   02/23/82  House  Referred to Committee on Judiciary HJ-987
   05/13/82  House  Committee report: Favorable with amendment
                     Judiciary HJ-2940
   05/19/82  House  Debate adjourned HJ-3033
   05/20/82  House  Amended HJ-3091
   05/20/82  House  Read second time HJ-3180
   05/21/82  House  Read third time and sent to Senate HJ-3132
   05/25/82  Senate Introduced and read first time SJ-10
   05/25/82  Senate Referred to Committee on Judiciary SJ-10
   05/27/82  Senate Committee report: Favorable Judiciary SJ-17
   05/31/82  Senate Read second time SJ-41
   06/02/82  Senate Read third time and enrolled SJ-94
   06/03/82  House  Ratified R 562 HJ-3945
   06/09/82         Signed By Governor
   06/09/82         Effective date 06/09/82
   06/09/82         Act No. 452
   06/21/82         Copies available

AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47, SO AS TO CREATE AND PROVIDE FOR THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO PROVIDE THAT IF SOUTH CAROLINA BECOMES THE FIRST "DESIGNATED HOST STATE", THE REQUIRED FOUR-YEAR ADVANCE NOTIFICATION TO THE COMPACT COMMISSION OF INTENDED CLOSURE WITHOUT CAUSE OF A REGIONAL FACILITY LOCATED WITHIN ITS BORDERS, AND THE REASONS THEREFOR, NEED NOT BE GIVEN; TO PROVIDE THAT IF SOUTH CAROLINA BECOMES THE FIRST "DESIGNATED HOST STATE", SOUTH CAROLINA CAN WITHDRAW FROM THE COMPACT AT ANY TIME WITHOUT BEING SUBJECT TO THE PROVISION THAT IF A REGIONAL FACILITY IS LOCATED WITHIN A WITHDRAWING STATE THE REGIONAL FACILITY SHALL REMAIN AVAILABLE TO THE REGION FOR FOUR YEARS AFTER THE DATE THE COMPACT COMMISSION RECEIVES NOTIFICATION IN WRITING FROM THE GOVERNOR OF THE WITHDRAWING PARTY STATE OF ITS RESCISSION OF THE COMPACT; TO PROVIDE FOR THE APPOINTMENT OF TWO MEMBERS TO THE COMPACT COMMISSION FROM THIS STATE; TO CREATE AN ADVISORY COMMITTEE TO CONSULT WITH AND ADVISE THIS STATE'S REPRESENTATIVES TO THE COMPACT COMMISSION CONCERNING TECHNICAL AND POLICY MATTERS; TO PROVIDE FOR THE ESTABLISHMENT OF A JOINT LEGISLATIVE DELEGATION TO MEET WITH LEGISLATIVE REPRESENTATIVES OF OTHER SOUTHEASTERN STATES TO DISCUSS THE COMPACT; TO PROVIDE FOR THE MEMBERSHIP OF THE JOINT LEGISLATIVE DELEGATION; AND TO AMEND SECTION 13-7-30, RELATING TO THE POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO ATOMIC ENERGY AND RADIATION CONTROL, SO AS TO DELETE THE CLAUSE "WHICH THE BOARD BELIEVES WILL FOSTER THE DEVELOPMENT OF THE STATE'S ECONOMIC POTENTIAL IN THE ATOMIC ENERGY FIELD", WITH RESPECT TO LAND AND FACILITIES FOR WHICH THE BOARD CAN EXPEND STATE FUNDS FOR CERTAIN PURPOSES, PROVIDE FOR THE LEASE, SUBLEASE, OR SALE OF REAL AND PERSONAL PROPERTIES TO PUBLIC OR PRIVATE BODIES, PROVIDE THAT THE BOARD SHALL ASSUME RESPONSIBILITY FOR EXTENDED RATHER THAN PERPETUAL CUSTODY AND MAINTENANCE OF RADIOACTIVE MATERIALS HELD FOR CUSTODIAL PURPOSES AT ANY PUBLICLY OR PRIVATELY OPERATED FACILITY LOCATED WITHIN THE STATE IN THE EVENT THE PARTIES OPERATING THESE FACILITIES ABANDON THEIR RESPONSIBILITY AND, WHENEVER THE FEDERAL GOVERNMENT OR ANY AGENCY OF THE FEDERAL GOVERNMENT HAS NOT ASSUMED THE RESPONSIBILITY, PROVIDE FOR FINANCING SUCH EXTENDED CUSTODY AND MAINTENANCE BY COLLECTING CERTAIN FEES, PROVIDE THAT THE FEES COLLECTED FOR CUSTODIAL MANAGEMENT ACTIVITIES SHALL ALSO BE SUFFICIENT TO PROVIDE ADDITIONAL FUNDS FOR THE PURCHASE OF INSURANCE WHICH SHALL BE PURCHASED FOR THE PROTECTION OF THE STATE AND THE GENERAL PUBLIC FOR THE PERIOD SUCH RADIOACTIVE MATERIAL MAY PRESENT A POSSIBLE DANGER TO THE GENERAL PUBLIC IN THE EVENT OF MIGRATION OR DISPERSAL OF SUCH RADIOACTIVITY, PROVIDE THAT THAT THE FEES MUST BE PLACED IN AN "EXTENDED CARE MAINTENANCE FUND", PROVIDE THAT ANY INTEREST ACCRUING AS A RESULT OF INVESTMENT MUST ACCRUE TO THIS "EXTENDED CARE MAINTENANCE FUND" PROVIDE THAT THE BOARD SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL GOVERNMENT OR ANY OF ITS AUTHORIZED AGENCIES TO ASSUME EXTENDED, RATHER THAN PERPETUAL, MAINTENANCE OF LANDS DONATED, LEASED, OR PURCHASED FROM THE FEDERAL GOVERNMENT OR ANY OF ITS AUTHORIZED AGENCIES AND USED FOR DEVELOPMENT OF ATOMIC ENERGY RESOURCES OR AS CUSTODIAL SITES FOR RADIOACTIVE MATERIALS, AND PROVIDE THAT IN ACCORDANCE WITH SECTION 48-47-100(2) THE BOARD SHALL IMPOSE, COLLECT, AND DISBURSE SPECIAL FEES OR SURCHARGES ON ALL USERS OF ANY REGIONAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY SO AS TO PROVIDE FOR ANNUAL FUNDING OF THE COMPACT COMMISSION.

Whereas, the General Assembly supports the regional interstate compacting process as an effective means of providing for the safe and efficient disposal of low-level radioactive waste; and

Whereas, the General Assembly affirms and pledges its continuing commitment to the goal of developing and implementing an interstate compact for the southeastern United States. Now, therefore,

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

Southeast Interstate Low-Level Radioactive Waste Management Compact

Section 1. The 1976 Code is amended by adding to Title 48:

"CHAPTER 47

SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE

WASTE MANAGEMENT COMPACT

ARTICLE 1

POLICY AND PURPOSE

Section 48-47-10. This chapter may be cited as the Southeast Interstate Low-Level Radioactive Waste Management Compact.

Section 48-47-20. There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize and declare that each state is responsible for providing for the availability of capacity either within or outside the State for disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities. They also recognize that the disposal of low-level radioactive waste is handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposal of such waste. The party states recognize that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to dispose of such waste be properly provided.

It is the policy of the party states to: enter into a regional low-level radioactive waste maangement compact for the purpose of providing the instrument and framework for a cooperative effort; provide sufficient facilities for the proper disposal of low-level radioactive waste generated in the region; promote the health and safety of the region; limit the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; encourage the reduction of the amounts of low-level waste generated in the region; distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states; and ensure the ecological and economical management of low-level radioactive wastes.

Implicit in the Congressional consent to this compact is the expectation by 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;

3. timely inspection of their licensees to determine their capability to adhere to federal rules, regulations, and laws;

4. timely provision of technical assistance to this compact in carrying out their obligations under the Low-Level Radioactive Waste Policy Act, as amended.

ARTICLE 3

DEFINITIONS

Section 48-47-30. As used in this compact, unless the context clearly requires a different construction:

1. 'Commission' or 'Compact Commission' means the Southeast Interstate Low-Level Radioactive Waste Management Commission.

2. 'Facility' means a parcel of land, together with the structures, equipment, and improvements thereon or appurtenant thereto, which is used for the treatment, storage, or disposal of low-level radioactive waste.

3. 'Generator' means any person who produces or possesses low-level radioactive waste in the course of, or as an incident to, manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity. This does not include persons who provide a service to generators by arranging for the collection, transportation, storage, or disposal of wastes with respect to such waste generated outside the region.

4. 'High-level waste' means irradiated reactor fuel, liquid wastes from reprocessing irradiated reactor fuel, and solids into which such liquid wastes have been converted, and other highly radioactive waste material as defined by the U. S. Nuclear Regulatory Commission.

5. 'Host state' means any state in which a regional facility is situated.

6. 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954, or as may be further defined by federal law or regulation.

7. 'Party state' means any state which is a signatory party to this compact.

8. 'Person' means any individual, corporation, business enterprise, or other legal entity (either public or private).

9. 'Region' means the collective party states.

10. 'Regional facility' means (1) a facility as defined in this article which has been volunteered by a party state, and accepted and approved by the Commission to receive waste or (2) the designated facility in a party state that has become a 'designated host state' by action of the Commission.

11. '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.

12. 'Transuranic wastes' means waste material containing transuranic elements with contamination levels as determined by the regulations of (1) The U. S. Nuclear Regulatory Commission or (2) the host state, if it is an agreement state under Section 274 of the Atomic Energy Act of 1954, for equal or more stringent levels.

13. 'Waste management' means the storage, treatment, or disposal of waste.

ARTICLE 5

RIGHTS AND OBLIGATIONS

Section 48-47-40. The rights granted to the party states by this compact are additional to the rights enjoyed by sovereign states, and nothing in this compact shall be construed to infringe upon, limit, or abridge those rights.

Section 48-47-50. (A) Subject to any license issued by the U. S. Regulatory Commission or the host state, each party state has the right to have wastes generated within its borders stored, treated, or disposed of, as applicable, at regional facilities and, additionally, has the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to the provisions of item 9 of Section 48-47-70. The right of access by a generator within a party state to any regional facility is limited by its adherence to applicable host state and federal law and regulation.

(B) If no regional facility is located within the borders of a party state and the waste generated within its borders must be stored, treated, or disposed of at a regional facility in another party state, the party state without such facilities may be required by the host state or states to provide compensation for this right of access according to terms and conditions established by the host state or states and approved by a two-thirds vote of the Commission.

(C) Each party state must establish the capability to regulate, license, and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the subsequent post closure observation and maintenance, and the extended institutional control of their regional facilities.

(D) Each party state must establish the capability to enforce any applicable federal or state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders.

(E) Each party state must provide to the Commission on an annual basis any data and information necessary for the implementation of the Commission's responsibilities. Each party state must establish the capability to obtain any data and information necessary to meet its obligation defined in this subsection.

(F) Each party state must, to the extent authorized by federal law, require generators within its borders to use the best available waste management technologies and practices to minimize the volumes of wastes requiring disposal.

ARTICLE 7

THE COMMISSION

Section 48-47-60. (A) There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Commission ('the Commission' or 'Compact Commission'). The Commission shall consist of two voting members from each party state to be appointed according to the laws of each state. The appointing authorities of each state must notify the Commission in writing of the identity of its members and any alternates. An alternate may act on behalf of the member only in the member's absence.

(B) Each commission member is entitled to one vote. No action of the Commission is binding unless a majority of the total membership cast their vote in the affirmative, or unless a greater than majority vote is specifically required by any other provision of this compact.

(C) The Commission must elect from among its members a presiding officer. The Commission must adopt and publish, in convenient form, by-laws which are not inconsistent with this compact or the law of any party state.

(D) The Commission must meet at least once a year and must also meet upon the call of the presiding officer, by petition of a majority of the party states, or upon the call of a host state. All meetings of the Commission must be open to the public.

Section 48-47-70. The Commission has the following duties and powers:

1. To receive and approve the application of a nonparty state to become an eligible state in accordance with the provisions of subsection (B) of Section 48-47-220.

2. To receive and approve the application of an eligible state to become a party state in accordance with the provisions of subsection (C) of Section 48-47-220.

3. To submit an annual report and other communications to the governors and to the presiding officer of each body of the legislature of the party states regarding the activities of the Commission.

4. To develop and use procedures for determining, consistent with consideration for public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region.

5. To provide the party states with reference guidelines for establishing the criteria and procedures for evaluating alternative locations for emergency or permanent regional facilities.

6. To develop and adopt procedures and criteria for identifying a party state as a host state for a regional facility as determined pursuant to the requirements of this article.

In developing criteria, the Commission must consider the following: the health, safety, and welfare of the citizens of the party states; the existence of regional facilities within each party state; the minimization of waste transportation; the volumes and types of wastes generated within each party state; and the environmental, economic, and ecological impacts on the air, land, and water resources of the party states.

The Commission shall conduct such hearings, require such reports, studies, evidence, and testimony, and do what is required by its approved procedures in order to identify a party state as a host state for a needed regional facility.

7. In accordance with the procedures and criteria developed pursuant to item 6 of this section, to designate, by a two-thirds vote, a host state, hereinafter referred to as 'designated host state', for the establishment of a needed regional facility. The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of that facility. The Commission has the authority to revoke the membership of a party state that wilfully creates barriers to the siting of a needed regional facility.

8. To require of and obtain from party states, eligible states seeking to become party states, and nonparty states seeking to become eligible states, data and information necessary for the implementation of Commission responsibilities.

9. Notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which an affected regional facility is located, and a party state which has a facility that has been designated, authorized, accepted, or approved by the Commission as a future regional facility which will be effected by such authorization. This shall be done only after an assessment of the affected facility's capacity to handle these wastes.

10. To appear on behalf of any party state or states, upon written approval of the governor of such state or states, as an intervenor or party in interest before any court of law, federal, state, or local agency, board, or commission that has jurisdiction over the management of wastes. The authority herein to appear shall be exercised only after a unanimous vote of the Commission, and shall, as to each party state or states, he subject to any condition or restriction imposed by either member of the Commission from such state. In order to represent its views, the Commission may arrange for any expert testimony, reports, evidence, or other participation it deems necessary.

11. To revoke the membership of a party state in accordance with the provisions of Section 48-47-270.

12. To act on behalf of any party state or states, upon written approval of the governor of such party state or states, as provided for in this compact. Except for administrative matters, action taken on behalf of any party state or states shall be subject to the approval of each state as provided by its law.

Section 48-47-80. The Commission may establish any advisory committees it deems necessary for the purpose of advising the Commission on any matters pertaining to the management of low-level radioactive waste.

Section 48-47-90. The Commission may appoint or contract for and compensate a limited staff necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission. In selecting any staff, the Commission must assure that the staff has adequate experience and formal training to carry out the functions that may be assigned to it by the Commission. If the Commission has a headquarters it shall be in a party state.

Section 48-47-100. Funding for the Commission shall be provided as follows:

1. Each eligible state, upon becoming a party state, must pay twenty-five thousand dollars to the Commission which must be used for costs of the Commission's services.

2. Each state hosting a regional disposal facility must annually levy special fees or surcharges on all users of that facility, based upon the volume of wastes disposed of at these facilities, the total of which:

(a) must be sufficient to cover the annual budget of the Commission;

(b) must represent the financial commitments of all party states to the Commission;

(c) must be paid to the Commission; provided, however, that each host state collecting these fees or surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection and that the remainder is sufficient only to cover the approved annual budgets of the Commission.

3. The Commission must set and approve its first annual budget as soon as practicable after its initial meeting. Host states for disposal facilities must begin imposition of the special fees and surcharges provided for in this section as soon as practicable after becoming party states, and must remit to the Commission funds resulting from collection of such special fees and surcharges within sixty days of their receipt.

Section 48-47-110. The Commission must keep accurate accounts of all receipts and disbursements. An independent certified public accountant must annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. The audit report must be made a part of the annual report of the Commission required by item 3 of Section 48-47-70.

Section 48-47-120. The Commission may accept for any of its purposes and functions any donations, grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state, the United States, 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. The nature, amount, and condition, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender must be detailed in the annual report of the Commission.

Section 48-47-130. The Commission is not responsible for any costs associated with

(1) the creation of any facility,

(2) the operation of any facility,

(3) the stabilization and closure of any facility,

(4) the post-closure observation and maintenance of any facility, or

(5) the extended institutional control, after post-closure observation and maintenance of any facility.

Section 48-47-140. As of January 1, 1986, the management of wastes at regional facilities is restricted to wastes generated within the region and to wastes generated within nonparty states when authorized by the Commission pursuant to the provisions of this compact.

Section 48-47-150. The Commission is a legal entity separate and distinct from the party states and is liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission are not personally liable for action taken by them in their official capacity.

Section 48-47-160. Except as specifically provided in this compact, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, or course of conduct, or on account of any causal or other relationships. Generators and transporters of wastes and owners and operators of sites are liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.

ARTICLE 9

DEVELOPMENT AND OPERATION OF FACILITIES

Section 48-47-170. (A) Any party state which becomes a host state in which a regional facility is operated, shall not be designated by the Compact Commission as a host state for an additional regional facility until each party state has fulfilled its obligation, as determined by the Commission, to have a regional facility operated within its borders.

(B) A host state desiring to close a regional facility located within its borders may do so without cause only after notifying the Commission in writing of its intention and the reasons for doing so. This notification must be given to the Commission at least four years prior to the intended date of closure; provided, if South Carolina becomes the first 'designated host state', then this provision shall not apply to the State of South Carolina. A host state is not prevented from closing its facility for the health and safety of its citizens.

(C) Each party state designated as a host state for a regional facility must take appropriate steps to ensure that an application for a license to construct and operate a facility of the designated type is filed with and issued by the appropriate authority.

(D) No party state shall have any form of arbitrary prohibition as to the treatment, storage, or disposal of low-level radioactive waste within its borders.

ARTICLE 11

OTHER LAWS AND REGULATIONS

Section 48-47-180. Nothing in this compact shall be construed to: 1. Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency as expressly conferred by the Congress.

2. Abrogate or limit the regulatory responsibility and authority of the U. S. Nuclear Regulatory Commission or of an agreement state under Section 274 of the Atomic Energy Act of 1954 in which a regional facility is located.

3. Make inapplicable to any person or circumstance any other law of a party state.

4. Make unlawful the continued development and operation of any facility already licensed for development or operation on the date this compact becomes effective, except that any such facility must comply with the provisions of Article 5, Article 7, and Article 9 and is subject to any action lawfully taken pursuant thereto.

5. Prohibit any storage or treatment of waste by the generator on its own premises.

6. Affect any judicial or administrative proceeding pending on the effective date of this compact.

7. Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions.

8. Affect the generation, treatment, storage, or disposal of waste generated by the atomic energy defense activities of the Secretary of the United States Department of Energy or by federal research and development activities as defined in Public Law 96-573.

9. Affect the rights and powers of any party state and its political subdivisions to regulate and license any facility within its borders or to affect 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.

Section 48-47-190. To pass any law or to adopt any regulation which is inconsistent with this compact will jeopardize the membership status of the party state.

Section 48-47-200. No law or regulation of a party state or of any subdivision or instrumentality of a party state may be applied to restrict or make more inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.

Section 48-47-210. Restrictions of waste management at regional facilities pursuant to Section 48-47-140 are enforceable as a matter of state law.

ARTICLE 13

ELIGIBLE PARTIES; WITHDRAWAL; REVOCATION;

ENTRY INTO FORCE; TERMINATION

Section 48-47-220. (A) This compact has as initially eligible parties the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee.

(B) Any state not expressly declared eligible to become a party state to this compact in subsection (A) of this section may petition the Commission, once constituted, to be declared eligible. The Commission may establish the conditions it deems necessary and appropriate to be met by a state wishing to become eligible to become a party state to this compact pursuant to the provisions of this subsection. Upon satisfactorily meeting the conditions and upon the affirmative vote of two-thirds of the Commission, including the affirmative vote of both representatives of a host state in which an affected regional facility is located, and a party state which has a facility that has been designated, authorized, accepted, or approved by the Commission as a future regional facility, the petitioning state is eligible to become a party state to this compact and may become a party state in the same manner as those states declared eligible in subsection (A) of this section.

(C) Each state eligible to become a party state to this compact must be declared a party state upon enactment of this compact into law by that state and upon payment of the fees required by this compact. The Commission is the judge of the qualifications of the party states and of its members and of their compliance with the conditions and requirements of this compact subject to appropriate judicial review.

Section 48-47-230. The first three states eligible to become party states to this compact which enact this compact into law and appropriate the fees required by this compact shall immediately, upon the appointment of their Commission members: constitute themselves as the Southeast Interstate Low-Level Radioactive Waste Management Commission; cause legislation to be introduced in Congress granting the consent of Congress to this compact; and do those things necessary to organize the Commission and implement the provisions of this compact.

Section 48-47-240. All succeeding states eligible to become party states to this compact shall be declared party states pursuant to the provisions of subsection (C) of Section 48-47-220.

Section 48-47-250. The consent of Congress is required for the full implementation of this compact. The provisions of Sections 48-47-170(D) and 48-47-200 shall not become effective until the effective date of the import ban authorized by Section 48-47-140 as approved by Congress. Congress may by law withdraw its consent only every five years.

Section 48-47-260. No state which holds membership in any other regional compact for the management of low-level radioactive waste may be considered by the Compact Commission for eligible state status or party state status.

Section 48-47-270. Any party state which fails to comply with the provisions of this compact or to fulfill the obligations incurred by becoming a party state to this compact may be subject to sanctions by the Commission, including suspension of its rights under this compact and revocation of its status as a party state. Any sanction shall be imposed only upon the affirmative vote of at least two-thirds of the Commission members. Revocation of party state status shall take effect on the date of the meeting at which the Commission approves the resolution imposing that sanction. Rights and obligations incurred by being declared a party state to this compact shall continue until the effective date of the sanction imposed or as provided in the resolution of the Commission imposing the sanction.

The Commission must, as soon as practicable after the meeting at which a resolution revoking status as a party state is approved, provide written notice of the action, along with a copy of the resolution, to the governors, the presidents of the senates, and the speakers of the houses of representatives of the party states, as well as the chairmen of the appropriate committees of Congress.

Section 48-47-280. Any party state may withdraw from this compact by enacting a law repealing the compact; provided, that if a regional facility is located within a withdrawing state, the regional facility shall remain available to the region for four years after the date the Commission receives notification in writing from the governor of the withdrawing party state of its rescission of the compact; provided, further, if South Carolina becomes the first 'designated host state' then the State of South Carolina can withdraw at any time without being subject to the first provision in this section.

Section 48-47-290. This compact may be terminated only by the affirmative action of Congress or by the repeal of all laws enacting the compact in every party state.

ARTICLE 15

PENALTIES

Section 48-47-300. Each party state, consistently with its own laws, must prescribe and enforce penalties against any person not an official of another state for the violation of any provision of this compact.

Section 48-47-310. Each party state acknowledges that the receipt by a host state of waste packaged or transported in violation of applicable laws and regulations can result in the imposition of sanctions by the host state which may include suspension or revocation of the violator's right of access to the facility in the host state.

ARTICLE 17

SEVERABILITY AND CONSTRUCTION

Section 48-47-320. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States, or if the applicability of any phrase, clause, sentence, or provision of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and its applicability to any other government, agency, person, or circumstance shall not be affected thereby. If any provision of this compact is held to be contrary to the Constitution of any state participating in the compact, the compact shall remain in full force and effect as to the state affected with respect to all severable matters. The provisions of this compact shall be liberally construed to give effect to its purposes.

ARTICLE 19

COMPACT MEMBERS FROM SOUTH CAROLINA;

ADVISORY COMMITTEE; REGIONAL FACILITY IN

SOUTH CAROLINA

Section 48-47-330. (A) The two members of the Compact Commission from South Carolina shall be appointed by the Governor with the advice and consent of the Senate.

(B) Written approval from the Governor shall be required before a member of the Compact Commission from South Carolina may cast an affirmative vote on any application, authorization, or petition provided for in Section 48-47-70 or 48-47-220.

(C) There shall be an advisory committee composed of two members appointed by the Speaker of the House, two members appointed by the President of the Senate, two members of the Governor's Nuclear Advisory Council to be appointed by the Governor, and the Chief of the Bureau of Radiological Health of the State Department of Health and Environmental Control, ex officio, which members shall consult with and advise the state's representatives to the Compact Commission concerning technical and policy matters; provided, however, that at least one member representing the General Assembly shall be a member of the Joint Legislative Committee on Energy. The Joint Legislative Committee on Energy and the Governor's Nuclear Advisory Council shall provide necessary staff assistance to the advisory committee.

(D) To facilitate implementation of the Southeast Interstate Low-Level Radioactive Waste Management Compact and as an expression of South Carolina's good faith to other southeastern states there is established a joint legislative delegation to meet with legislative representatives of other southeastern states to discuss the compact. The delegation shall consist of two members appointed by the President of the Senate and two members appointed by the Speaker of the House; provided, however, that at least one delegate shall be a member of the Joint Legislative Committee on Energy."

Board is designated agency

Section 2. Section 13-7-30 of the 1976 Code is amended to read:

"Section 13-7-30. For purposes of this article, the State Budget and Control Board, hereinafter in this section referred to as the Board, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilities for custody of state properties, and for the management of all state sinking funds, insurance, and analogous fiscal matters that are relevant to state properties:

(1) Expend state funds in order to acquire, develop, and operate land and facilities. This acquisition may be by lease, dedication, purchase, or other arrangements. However, the state's functions under the authority of this paragraph are limited to the specific purposes of this article.

(2) Lease, sublease, or sell real and personal properties to public or private bodies.

(3) Assure the maintenance of insurance coverage by state licensees, lessees, or sublessees as will in the opinion of the Board protect the citizens of the State against nuclear incident that may occur on state-controlled atomic energy facilities.

(4) Assume responsibility for extended custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the State, in the event the parties operating these facilities abandon their responsibility, and whenever the federal government or any agency of the federal government has not assumed the responsibility.

In order to finance such extended custody and maintenance as the Board may undertake, the Board may collect fees from private or public parties holding radioactive materials for custodial purposes. These fees must be sufficient in each individual case to defray the estimated cost of the Board's custodial management activities for that individual case. The fees collected for such custodial management activities shall also be sufficient to provide additional funds for the purchase of insurance which shall be purchased for the protection of the State and the general public for the period such radioactive material considering its isotope and curie content together with other factors may present a possible danger to the general public in the event of migration or dispersal of such radioactivity. All such fees, when received by the Board, must be transmitted to the State Treasurer. The Treasurer must place the money in a special account, in the nature of a revolving trust fund, which may be designated 'extended care maintenance fund', to be disbursed on authorization of the Board. Monies in the extended care maintenance fund must be invested by the Board in the manner as other state monies. However, any interest accruing as a result of investment must accrue to this extended care maintenance fund. The extended care maintenance fund must be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations.

(5) Enter into an agreement with the federal government or any of its authorized agencies to assume extended maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or as custodial site for radioactive material.

(6) In accordance with Section 48-47-100 (2), impose, collect, and disburse special fees or surcharges on all users of any regional low-level radioactive waste disposal facility to provide for annual funding of the Southeast low-Level Radioactive Waste Management Compact Commission."

Time effective

Section 3. This act shall take effect upon the approval by the Governor.