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Senator PASSAILAIGUE proposed the following Amendment No. 55 (3362R200.ELP), which was adopted:

Amend the bill, as and if amended, Part IA, Section 47, Department of Natural Resources, page 309, by striking lines 8 and 9 in their entirety.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator LEVENTIS argued contra.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator LEVENTIS moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Cork             Drummond

Gregory           Hayes            Lander

Leventis          Matthews         McGill

Patterson         Saleeby          Smith, J.V.

Washington        Williams

Bryan             Courson          Courtney

Giese             Leatherman       McConnell

Mescher           Moore            O'Dell

Passailaigue      Peeler           Rankin

Reese             Richter          Rose

Russell           Ryberg           Setzler

Short             Stilwell         Thomas

Waldrep           Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 23 (006.RDY), which was tabled:

Amend the bill, as and if amended, Part IB, Section 18B, Higher Education Tuition Grants, page 418, Proviso 18B.2, lines 24-25, by striking:

Proviso 18B.2 in its entirety.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senators SETZLER and WASHINGTON argued contra.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator CORK moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Ford              Gregory          Hayes

Jackson           Lander           Leatherman

Martin            Matthews         Mescher

Moore             Patterson        Rankin

Russell           Ryberg           Saleeby

Setzler           Smith, G.        Smith, J.V.

Thomas            Waldrep          Washington

Giese             McConnell        McGill

O'Dell            Passailaigue     Peeler

Reese             Richter          Rose

Short             Stilwell         Wilson

The amendment was laid on the table.

Senators MATTHEWS, PATTERSON, WASHINGTON and GLOVER proposed the following Amendment No. 62 (002.BBH), which was adopted:

Amend the bill, as and if amended, Part IB, Section 30, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 448, Proviso 30.14, line 39, by inserting after "Board" the following:

";provided, however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such stipulated percentage."

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

Senator GIESE argued contra.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 64A (3362R207.PPL), which was adopted:

Amend the bill, as and if amended, Part IB, Section 34, Department of Public Safety, page 460, Proviso 34.1, line 39, by inserting:

/Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety./

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND asked unanimous consent to make a motion that all previously carried over amendments to Part IA and Part IB be carried over to third reading.

Senator CORK objected.

On motion of Senator DRUMMOND, with unanimous consent, all previously carried over amendments to Part IA and Part IB were carried over to third reading.

THE SENATE PROCEEDED TO A CONSIDERATION OF PART II AMENDMENTS.

Senator J. VERNE SMITH proposed the following Amendment No. 30 (BR1\18460AC.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 2, by adding appropriately lettered subsections to read:

/__. Section 44-2-50(B) of the 1976 Code, as last amended by Part II, Section 80E of Act 497 of 1994, is further amended to read:

"(B) The department shall keep an accurate record of costs and expenses incurred under the provisions of this chapter for the rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and to make this record public on a quarterly basis, and, except as otherwise provided in Section 44-2-110, the department thereafter shall diligently pursue the recovery of any sum so incurred from the person responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The department shall provide the forms necessary for an application for compensation of site rehabilitation costs to the Superb Account and for compensation of rehabilitation costs from the Superb Account. By March 10, 1995 1996, the department shall submit to the General Assembly regulations addressing the following:

(1) General procedures that response action contractors must follow during site rehabilitation.

(2) General requirements that identify allowable costs for site rehabilitation activities, procedures for payment, provisions for auditing of claims paid, provisions for recovery of costs for ineligible or inappropriate activities, and procedures for addressing related disputes.

(3) Prioritizing expenditures from the Superb fund for site rehabilitation activities. This system for prioritizing sites releases must be based on available technical information and shall consider the potential risk to human health and the environment. Sites Releases at sites that present an imminent threat to human health and the environment shall receive first priority for receiving Superb funds to eliminate the imminent

(a) site specific geology;

(b) distance to drinking water sources or Wellhead Protection Areas;

(c) concentrations in soil and ground water;

(d) depth to ground water; and

(e) potential for an emergency situation, including fire or explosion hazard.

(4) Develop a system to determine the appropriate actions for releases at sites based on the results of the assessment. This system also shall also determine standards in the soil and ground water. The standards must be based on the potential risk to human health and the environment and take into account the current and reasonably potential use of the ground water as drinking water. The standards shall provide that no additional site rehabilitation is required if site-specific concentrations in soil and ground water are below applicable standards.

(5) Procedures for determining site-specific corrective actions. If contaminant concentrations are above the standards set forth pursuant to item (4), a site-specific evaluation must be conducted utilizing site-specific risk assessment. The procedures to determine acceptable levels of risk must include, but not be limited to, the following:

(a) identification and elimination of sources of soil and ground water contamination;

(b) identification of transport mechanisms and exposure pathways;

(c) evaluation of exposure scenarios and potential receptors;

(d) consideration of land use and surrounding land use;

(e) evaluation of other appropriate scientific data;

(f) use of appropriate statistical procedures and modeling protocols;

(g) evaluation of the use of institutional and engineering controls; and

(h) consideration of technological limitations.

The regulations shall further provide that determination of completion of site rehabilitation must be based on achievement of corrective action standards.

(7) An appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B)(A)."

__. Section 44-2-60(A) of the 1976 Code, as last amended by Part II, Section 43C of Act 501 of 1992, is further amended to read:

"(A) The owner or operator of an underground storage tank which stores or is intended to store petroleum or petroleum products shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank and an annual renewal fee of one hundred dollars a tank a year. No person may place petroleum or petroleum products and no owner or operator may cause petroleum or petroleum products to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The funds generated by the registration fee may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year."

__. Section 44-2-120 of the 1976 Code, as last amended by Part II, Section 43G of Act 501 of 1992, is further amended to read:

"Section 44-2-120. (A) The department shall promulgate regulations relating to the evaluation and approval of site rehabilitation contractors to perform work pursuant to this chapter. In doing so, the department, where appropriate, may utilize or incorporate national or state licensing or certification programs that may assist in this endeavor. The department in these regulations may distinguish between different types of site rehabilitation contractors. The regulations promulgated pursuant to this section shall include the following requirements for site rehabilitation contractors:

(1) requirements for minimum knowledge and experience relating to the performance of site rehabilitation activities;

(2) requirements for types and minimum amounts of liability insurance to be maintained by approved contractors;

(B) The approval of a site rehabilitation contractor pursuant to this section in no way shall establish liability or responsibility on the part of the department or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services.

(C) Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the department may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor or person who:

(a)(1) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation;

(b)(2) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years;

(c)(3) has demonstrated repeated noncompliance with criteria requirements for direct billing or reimbursement compensation established by the department under Section 44-2-50(B); or

(d)(4) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards;

(5) has failed to maintain the requirements necessary for approval as a site rehabilitation contractor under this section."/

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 34 (JIC\5888HTC.95), which was adopted:

Amend the bill, as and if amended, Part II, page 518, beginning on page 517, by striking SECTION 34 and inserting:

The 1976 Code is amended by adding:

"Section 6-27-45. Notwithstanding the amount appropriated in the annual general appropriation act for `Homestead Exemption Reimbursement', there must be annually appropriated whatever amount is necessary to reimburse the counties and municipalities of the State for all reimbursed homestead exemptions allowed in accordance with the provisions of law."/

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 4 (002.FAR), which was adopted:

Amend the bill, as and if amended, Part II, Section 37, page 518, line 41, by striking "official United States Census for 1990" and inserting "most recent United States census"

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

Senator LEATHERMAN proposed the following Amendment No. 51 (3362R102.HKL), which was adopted:

Amend the bill, as and if amended, Part II, Section 41, page 520, line 9, by striking on line 9: /Any transfer by the Budget and Control Board must be reported to the Joint Bond Review Committee./ and inserting:

/Any transfer by the Budget and Control Board must first be reviewed by the Joint Bond Review Committee./

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senators WILSON and THOMAS proposed the following Amendment No. 52 (JIC\5894HTC.95):

Amend the bill, as and if amended, Part II, Section 55, page 529, by striking subsection A on lines 12 through 18 and inserting:

/A. Article 3, Chapter 37, Title 12 of the 1976 Code, is amended by adding:

"Section 12-37-257. (A) Property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than bonded indebtedness and payments pursuant to lease-purchase agreements for capital construction as provided in this subsection. For the 1995 property tax year, the exemption applies against millage imposed for school operations and the amount of fair market value of the homestead that is exempt from such millage is 82,000 dollars. For tax years after 1995, the exemption extends to all operating millages on homesteads and the amount of fair market value exempt from tax must be provided in the annual general appropriations act. It is the intention of the General Assembly annually and cumulatively to provide sufficient funds so that the amount of fair market value exempt pursuant to this section attains and thereafter remains at one hundred percent of fair market value. The exemption allowed by this section is in addition to the exemption provided in Section 12-37-250.

(B) Taxing entities must be reimbursed in the manner provided in Section 12-37-270 for the revenue lost as a result of the homestead

(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the `index of taxpaying ability' pursuant to Section 59-20-20(3).

(D) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption in the next fiscal year."/

Amend sections, totals and title to conform.

Senators WILSON and THOMAS argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator PASSAILAIGUE spoke on the amendment.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet Tuesday, May 2, 1995, at 2:00 P.M., which motion was adopted.

At 6:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 2:00 P.M.

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