GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1312*

Short Title:  Waste Amendments-1.	(Public)
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Sponsors: Representative Miller.
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Referred to:  Infrastructure.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO MAKE CLARIFYING AND TECHNICAL AMENDMENTS TO VARIOUS STATUTES RELATING TO LOW-LEVEL RADIOACTIVE WASTE AND TO THE ISSUANCE OF REVENUE BONDS BY THE NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AUTHORITY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 104E-8 reads as rewritten:
"§ 104E-8. Radiation Protection Commission – Members; selections; removal; compensation; quorum; services.
(a)	The Commission shall consist of 12 voting public members and 10 nonvoting ex officio members. The 12 voting public members of the Commission shall be appointed by the Governor as follows:
(1) 	One member who shall be actively involved in the field of environmental protection;
(2) 	One member who shall be an employee of one of the licensed public utilities involved in the generation of power by atomic energy;
(3) 	One member who shall have experience in the field of atomic energy other than power generation;
(4) 	One member who shall be a scientist or engineer from the faculty of one of the institutions of higher learning in the  State;
(5) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Medical Society;
(6) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Dental Society;
(7) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the State at large;
(8) 	One member who shall have recognized knowledge in the field of radiation and its biological effects and who shall be a practicing hospital administrator from the North Carolina Hospital Association;
(9) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Chiropractic Association;
(10)	One member who shall have recognized knowledge in the clinical application of radiation, shall be a practicing radiologic technologist from the North Carolina Society of Radiologic Technologists, and shall be certified by the American Registry of Radiologic Technologists;
(11)	One member who shall have recognized knowledge in the clinical application of radiation and shall be a practicing podiatrist licensed by the North Carolina State Board of Podiatry Examiners; and
(12)	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Chapter of the Health Physics Society.
(b)	Public members so appointed shall serve terms of office of four years. Four of the initial members shall be appointed for two years, three members for three years, and three members for four years. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a public member shall be for the balance of the unexpired term. At the expiration of each public member's term, the Governor shall reappoint or replace the member with a member of like qualifications. At its first meeting on or after July first of each year, the Commission shall designate by election one of its public members as chairman and one of its public members as vice-chairman to serve through June thirtieth of the following year.
(c)	The 10 ex officio members shall be appointed by the Governor, shall be members or employees of the following State agencies or their successors, and shall serve at the Governor's pleasure:
(1)	The Utilities Commission;
(2)	The Commission for Health Services;
(3)	The Environmental Management Commission;
(4)	The Board of Transportation;
(5)	The Division of Civil Preparedness of the Department of the Military and Veterans Affairs;
(6)	The radiation protection program within the Department of Human Resources;
(7)	The Department of Labor;
(8)	The Industrial Commission;
(9)	The Department of Insurance;
(10)	The Medical Care Commission.
(d)	The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B-13.
(e)	The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(f)	A majority of the public members of the Commission shall constitute a quorum for the transaction of business.
(g)	All clerical and other services required by the Commission shall be supplied by the Secretary of the Department of Human Resources."
Sec. 2.  G.S. 104G-6(14) reads as rewritten:
"(14)	May issue revenue bonds from time to time pursuant to The State and Local Government Revenue Bond Act, Article 5 of Chapter 159 of the General Statutes, and such bonds may be sold at public or private sale pursuant to G.S. 159-123;".
Sec. 3.  G.S. 104G-6(19) reads as rewritten:
"(19)	May procure and keep in force adequate insurance or otherwise provide for the indemnification of itself and its members, officers, agents, employees, adjoining property owners, or the general public against loss or liability resulting from any act or omission by or on behalf of the Authority, and for the protection of its property, provided that the procurement of insurance by the Authority shall not be deemed a waiver of any immunity from liability otherwise available under any provision of law;".
Sec. 4.  G.S. 104G-8 reads as rewritten:
"§ 104G-8.  Liability defense, and legal representation.
(a)	The provisions of Article 31 of Chapter 143 (Tort Claims Against State Departments and Agencies) shall apply to the Authority.  No member, officer, or employee of the Authority, while acting within the scope of their authority, shall be subject to any personal liability or accountability by reason of any act or omission in connection with the exercise of any power or performance of any duty, whether express or implied, pursuant to this Chapter.
(b)	The provisions of Article 31A of Chapter 143 of the General Statutes shall apply to current or former members, officers, agents, or employees of the Authority.
(c)	The Attorney General shall be the legal representative of the Authority and shall provide legal advice and counsel to the Authority.  The Authority and the Department of Justice shall enter into an appropriate contract or make other mutually satisfactory arrangements for legal services, including reimbursement of the Department of Justice for any costs incurred other than routine or minor costs.  The Authority may employ or retain other legal counsel with the prior approval of the Attorney General."
Sec. 5.  G.S. 104G-21(a) reads as rewritten:
"(a)	Any local government in the county or counties where a low-level radioactive waste facility is proposed to be located pursuant to this Chapter may negotiate with the Authority with respect to any issue relating to the facility except:
(1)	The need for the facility;
(2)	Any proposal to reduce the duties of the Authority under this Chapter or under any license issued for the facility;
(2a)	Any proposal to reduce the duties of the Board;
(3)	Any proposal to reduce the duties of the Commission or to make less stringent any rule of the Commission; or
(4)	Any decision of the Authority regarding site selection, operator selection, or technology pursuant to G.S. 104G-9, 104G-10, and 104G-11."
Sec. 6.  G.S. 104G-(e) reads as rewritten:
"(e)	In addition to those issues set out in subsection (d), upon petition to the Board by a local government in the county or counties where a low-level radioactive waste facility is proposed to be located, any other issue may be submitted for arbitration except:
(1)	Those issues excluded from negotiation under subsection (a) of this section;
(2)	Any issue relating to the imposition by the General Assembly of a tax, or fee not authorized by this Chapter; and
(3)	Any issue requiring an appropriation by the General Assembly."
Sec. 7.  G.S. 159-81(3) reads as rewritten:
"(3)	‘Revenue bond project' means any undertaking for the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any one or combination of the following revenue-producing utility or public service enterprise facilities or systems owned or leased as lessee by the issuing unit:
a.	Water systems or facilities, including all plants, works, instrumentalities and properties used or useful in obtaining, conserving, treating, and distributing water for domestic or industrial use, irrigation, sanitation, fire protection, or any other public or private use.
b.	Sewage disposal systems or facilities, including all plants, works, instrumentalities, and properties used or useful in the collection, treatment, purification, or disposal of sewage.
c. 	Systems or facilities for the generation, production, transmission, or distribution of gas (natural, artificial, or mixed) or electric energy for lighting, heating, or power for public and private uses, where gas systems shall include the purchase and/or lease of natural gas fields and natural gas reserves and the purchase of natural gas supplies, and where any parts of such gas systems may be located either within the State or without.
d. 	Systems, facilities and equipment for the collection, treatment, or disposal of solid waste.
e. 	Public transportation systems, facilities, or equipment, including but not limited to bus, truck, ferry, and railroad terminals, depots, trackages, vehicles, and ferries, and mass transit systems.
f. 	Public parking lots, areas, garages, and other vehicular parking structures and facilities.
g. 	Aeronautical facilities, including but not limited to airports, terminals, and hangars.
h. 	Marine facilities, including but not limited to marinas, basins, docks, dry docks, piers, marine railways, wharves, harbors, warehouses, and terminals.
i. 	Hospitals and other health-related facilities.
j. 	Public auditoriums, gymnasiums, stadiums, and convention centers.
k. 	Recreational facilities.
l. 	In addition to the foregoing, in the case of the State of North Carolina, low-level radioactive waste facilities developed pursuant to Chapter 104G of the General Statutes, and any other project authorized by the General Assembly.
m. 	 [For applicability, see note below.] Economic development projects, including the acquisition and development of industrial parks, the acquisition and resale of land suitable for industrial or commercial purposes, and the construction and lease or sale of shell buildings in order to provide employment opportunities for citizens of the municipality.
n.	Facilities for the use of any agency or agencies of the government of the United States of America.
The cost of an undertaking may include all property, both real and personal and improved and unimproved, plants, works, appurtenances, machinery, equipment, easements, water rights, air rights, franchises, and licenses used or useful in connection with any of the foregoing utilities and enterprises; the cost of demolishing or moving structures from land acquired and the cost of acquiring any lands to which such structures are to be moved; financing charges; the cost of plans, specifications, surveys, and estimates of cost and revenues; administrative and legal expenses; and any other expense necessary or incident to the project."
Sec. 8.  G.S. 159-81(4) reads as rewritten:
"(4)	‘Revenues' include all moneys received by the State or a municipality from, in connection with, or as a result of its ownership or operation of a revenue bond project or a utility or public service enterprise facility or system of which a revenue bond project is a part, including (to the extent deemed advisable by the State or a municipality) moneys received from the United States of America, the State of North Carolina, or any agency of either, pursuant to an agreement with the State or a municipality, as the case may be, pertaining to the project.  ‘Revenues' also include all moneys received by, or on behalf of, the North Carolina Low-Level Radioactive Waste Management Authority in connection with its financing of a low-level radioactive waste facility."
Sec. 9.  G.S. 159-83(a)(5) reads as rewritten:
"(5)	To borrow money for the purpose of acquiring, constructing, reconstructing, extending, bettering, improving, or otherwise paying the cost of revenue bond projects, and to issue its revenue bonds or bond anticipation notes therefor, in the name of the State or a municipality, as the case may be, but no encumbrance, mortgage, or other pledge or real property of the State or a municipality may be created in any manner.  Notwithstanding the foregoing, the North Carolina Low-Level Radioactive Waste Management Authority may create an encumbrance, mortgage, or other pledge of real property of the Authority in connection with its financing of a low-level radioactive waste facility."
Sec. 10.  G.S. 159-83 is amended by adding a new subsection to read:
"( e)	In the case of the State of North Carolina, any action to be taken by the Council of State pursuant to this section shall be taken with respect to the issuance of revenue bonds by the North Carolina Low-Level Radioactive Waste Management Authority, by the governing board of the Authority, and not by the Council of State."
Sec. 11.  G.S. 159-85 is amended by adding a new subsection to read:
"( d)	In the case of the State of North Carolina, any action to be taken by the State Treasurer pursuant to this section shall be taken with respect to the issuance of revenue bonds by the North Carolina Low-Level Radioactive Waste Management Authority, by the governing board of the Authority, and not by the State Treasurer."
Sec. 12.  G.S. 159-88 is amended by adding a new subsection to read:
"( d)	In the case of the State of North Carolina, any action to be taken by the Council of State pursuant to this section shall be taken with respect to the issuance of revenue bonds by the North Carolina Low-Level Radioactive Waste Management Authority, by the governing board of the Authority, and not by the Council of State.  Subsection (c) of this section shall not apply to the issuance of revenue bonds by the North Carolina Low-Level Radioactive Waste Management Authority."
Sec. 13.  G.S. 159-94 reads as rewritten:
"§ 159-94. Limited liability.
(a)	Revenue bonds shall be special obligations of the State or the municipality issuing them. The principal of and interest on revenue bonds shall not be payable from the general funds of the State or the municipality, as the case may be, nor shall they constitute a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the funds which are pledged under the bond order authorizing the bonds. Neither the credit nor the taxing power of the State or the municipality, as the case may be, are pledged for the payment of the principal or interest of revenue bonds, and no holder of revenue bonds has the right to compel the exercise of the taxing power by the State or the municipality, as the case may be, or the forfeiture of any of its property in connection with any default thereon. Every revenue bond shall recite in substance that the principal of and interest on the bond is payable solely from the revenues pledged to its payment and that the State or the municipality, as the case may be, is not obligated to pay the principal or interest except from such revenues.
(b)	The provisions of this section relating to a legal or equitable pledge, charge, lien, or encumbrance upon real property or the forfeiture thereof shall not apply to revenue bonds issued by the North Carolina Low-Level Radioactive Waste Management Authority."
Sec. 14.  G.S. 159-96 reads as rewritten:
"§ 159-96. Limitation on extraterritorial operation of enterprises financed by revenue bonds.
(a)	Each utility or public service enterprise listed in G.S. 159-81(3), if financed wholly or partially by revenue bonds issued under this Article, shall be owned or operated by the municipality for its own use and for the use of public and private consumers residing within its corporate limits. A utility or public service enterprise financed wholly or partially by revenue bonds, when operated primarily for the municipality's own use and for users within its corporate limits, may be operated incidentally for users outside its corporate limits. Provided, however, that revenue bonds may be issued for the purpose of financing in whole or in part mass transit systems, aeronautical facilities, marine facilities and systems, facilities and equipment for the collection, treatment or disposal of solid waste, notwithstanding that such systems, facilities or equipment may be operated for users outside the corporate limits of a municipality where the municipality finds that the system, facilities or equipment so financed would benefit the municipality.
(b)	A revenue bond project financed wholly or partially by revenue bonds of the State may be located either within or without the State and, when operated primarily for the State's own use and for users within the State, may be operated incidentally for users outside the State.
(c)	The provisions of subsection (b) of this section shall not apply to the financing of any revenue bond project by the North Carolina Low-Level Radioactive Waste Management Authority."
Sec. 15.  The provisions of this act are severable, and if any provision of this act is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of the act which can be given effect without the invalid provision.
Sec. 16.  This act is effective upon ratification.