Bill 3378

                    Current Status

Bill Number:               3378
Ratification Number:       428
Act Number                 398
Introducing Body:          House
Subject:                   Regional storage facility

(A398, R428, H3378)

AN ACT TO AMEND SECTION 48-47-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FOR PURPOSES OF THE SOUTHEASTERN RADIOACTIVE WASTE COMPACT, SO AS TO PROVIDE THAT NO HOST STATE IS REQUIRED TO OPERATE A REGIONAL DISPOSAL FACILITY FOR LONGER THAN TWENTY YEARS OR TO DISPOSE OF MORE THAN THIRTY-TWO MILLION CUBIC FEET OF LOW-LEVEL RADIOACTIVE WASTE, WHICHEVER OCCURS FIRST; TO AMEND SECTION 48-47-280, RELATING TO THE REQUIREMENTS FOR WITHDRAWING FROM THE COMPACT, SO AS TO QUALIFY THE RIGHT OF WITHDRAWAL AND FURTHER PROVIDE FOR THE PROCEDURAL REQUIREMENTS FOR WITHDRAWAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-47-285 SO AS TO ALLOW WITHDRAWAL BY A STATE MORE THAN THIRTY DAYS AFTER THE COMMENCEMENT OF THE SECOND HOST STATE'S DISPOSAL FACILITY ONLY WITH THE UNANIMOUS APPROVAL OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION AND THE CONSENT OF CONGRESS AND TO PROVIDE THAT THE BARNWELL COUNTY DISPOSAL FACILITY IS CONSIDERED THE FIRST HOST STATE DISPOSAL FACILITY.

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

Regional storage facility

SECTION 1. Section 48-47-170 of the 1976 Code is amended by adding at the end:

"(E) No party state is required to operate a regional facility longer than a twenty-year period or to dispose of more than thirty-two million cubic feet of low-level radioactive waste, whichever first occurs."

Withdrawal from compact

SECTION 2. Section 48-47-280 of the 1976 Code is amended to read:

"Section 48-47-280. Subject to the provisions of Section 48-47-285, any party state may withdraw from this compact by enacting a law repealing the compact; provided, that if a regional facility is located within such state, such regional facility shall remain available to the region for four years after the date the Commission receives verification in writing from the governor of such party state of the recision of the compact. The Commission, upon receipt of the verification, shall as soon as practicable provide copies of such verification 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."

Code section added

SECTION 3. Article 13, Chapter 47, Title 48 of the 1976 Code is amended by adding:

"Section 48-47-285. The right of a party state to withdraw pursuant to Section 48-47-280 terminates no later than thirty days following the commencement of operation of the second host state disposal facility. Thereafter a party state may withdraw only with the unanimous approval of the commission and with the consent of Congress. For purposes of this section, the low-level radioactive waste disposal facility located in Barnwell County, South Carolina, is considered the first host state disposal facility."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.