Bill 3378

                    Current Status

Bill Number:               3378
Ratification Number:       585
Act Number:                539
Introducing Body:          House
Subject:                   South Carolina Nuclear Waste Consultation 
                           Committee and nuclear waste storage 

(A539, R585, H3378)

A JOINT RESOLUTION TO AMEND ACT 202 OF 1981, RELATING TO THE ESTABLISHMENT OF THE COMMITTEE TO CONSULT ON AWAY-FROM-REACTOR STORAGE, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE SOUTH CAROLINA NUCLEAR WASTE CONSULTATION COMMITTEE, CONFORM THE DUTIES OF THE COMMITTEE AND THE ROLE OF THE GENERAL ASSEMBLY IN ACTING FOR THE STATE ON MATTERS RELATING TO NUCLEAR WASTE STORAGE TO THE REQUIREMENTS OF P. L. 97-425, THE NATIONAL NUCLEAR WASTE POLICY ACT OF 1982, AND TOREQUIRE THE GENERAL ASSEMBLY TO REVIEW THE ROLE OF THE COMMITTEE AT THE TIME SET FOR ITS DISSOLUTION.

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

Preamble amended

SECTION 1. The preamble of Act 202 of 1981 is amended to read:

"Whereas, the General Assembly of the State of South Carolina passed a concurrent resolution in 1980, and a joint resolution in 1981, creating a committee to consult with the federal government; and

Whereas, United States Senators Strom Thurmond and Ernest F. Hollings placed the concurrent resolution and joint resolution of the General Assembly of South Carolina in the Congressional Record; and

Whereas, the United States Congress has passed the national Nuclear Waste Policy Act of 1982 (P. L. 97-425) to establish a national policy and national programs governing the management and disposal of high-level radioactive and transuranic wastes and spent nuclear fuel; and

Whereas, this act provides a significant role for states in the national programs; and

Whereas, the General Assembly of the State of South Carolina finds that this State, as a sovereign state of these United States, has a duty and a responsibility guaranteed by the reservation of powers unto it in the Tenth Amendment of the Constitution of the United States to protect and insure the health, safety, and welfare of its citizens; and

Whereas, the General Assembly further finds that there are many technical, legal, environmental, economic, and social issues which must be resolved before a permanent repository for high-level radioactive and transuranic waste and spent nuclear fuel can be established; and

Whereas, the General Assembly further finds that the principles of equity require that serious consideration be given to an even distribution of the responsibilities and burdens of having nuclear waste management and disposal facilities within any given state; and

Whereas, the State of South Carolina has already managed and disposed of more than its proportionate share of radioactive waste and materials. Now, therefore,".

Nuclear Waste Consultation Committee established

SECTION 2. Sections 1 through 6 of Act 202 of 1981 are amended to read:

"Section 1. There is established the South Carolina Nuclear Waste Consultation Committee to consult officially with the federal government concerning management and disposal in South Carolina of high-level radioactive and transuranic waste and spent nuclear fuel as provided in P. L. 97-425. This committee shall study, report, and make recommendations to the General Assembly. The committee shall consist of nine members and shall include the Governor, or his designee, who shall serve as chairman, the Speaker of the House or his House designee, two members of the House of Representatives appointed by the Speaker of the House, the President of the Senate or his Senate designee, two members of the Senate appointed by the President of the Senate, and two members to be appointed by the Governor. The members shall serve at the pleasure of their appointors, without compensation, but are allowed the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. The committee shall meet at least twice annually and at other times upon call of the chairman.

Section 2. The Governor's office, the State Geological Survey, the Attorney General's Office, the Department of Health and Environmental Control, the Governor's Nuclear Advisory Council, the Joint Legislative Committee on Energy, and such other state agencies, boards, and commissions as may be required, shall cooperate with and provide information and assistance to the committee. The Committee may utilize such federal, state, or other funds for such purposes as shall be appropriated in the annual general appropriations act.

Section 3. The establishment in the State of South Carolina of new federal facilities for the management and disposal of high-level radioactive and transuranic wastes and spent nuclear fuel as provided for in P. L. 97-425 must be approved by a joint resolution of the General Assembly which receives a favorable vote of a majority of the total membership in both the Senate and the House of Representatives. If the General Assembly does not pass the resolution or if the Governor does not approve the resolution, the committee shall immediately file a notice of objection with the United States Congress as provided in P. L. 97-425. If the notice to establish a facility in South Carolina is given by the federal government when the General Assembly is not in session, and if the period allowed for state objection expires before the General Assembly can convene, the committee shall file a notice of objection with the United States Congress until the time the General Assembly considers a joint resolution on the proposed facility.

Section 4. The Nuclear Waste Consultation Committee shall exist until June 30, 1990, at which time the General Assembly shall review the mission and composition of the committee and the need for its further existence.

Section 5. This act may not be construed as applying in any way, or having any effect upon, questions involving the state's role in the possible use of the Barnwell Nuclear Fuel Plant as a reprocessing facility unless this facility is utilized in accordance with the programs authorized by P.L. 97-425.

Section 6. This act shall take effect upon approval by the Governor."

Time effective

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