S 893

South Carolina General Assembly
126th Session, 2025-2026
Bill 893
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
Committee Report
April 30, 2026
S. 893
Introduced
by Senators Verdin and Zell
S. Printed 4/30/26--H.
Read the first time April 2, 2026
________
The committee on House Ways and
Means
To whom was referred a Bill (S. 893) to amend
the South Carolina Code of Laws by amending Section 44-2-20, relating to
definitions pertaining to the State Underground Petroleum Environmental
Response, etc., respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
B.W. BANNISTER for Committee.
statement of estimated fiscal impact
Explanation of Fiscal Impact
State Expenditure
This bill increases the maximum amount that
may be paid per occurrence for the rehabilitation of sites contaminated with
petroleum or petroleum products released from an UST and revises the annual
renewal fee schedule for USTs. Additionally, the bill adds a member to the
Superb Advisory Committee.
DES expects that the additional member of
the Committee will not increase expenses. Therefore, the bill will have no
expenditure impact on DES.
State Revenue
This bill increases the maximum amount DES
may pay from the Superb Account for the reasonable costs associated with the
rehabilitation of releases at sites contaminated with petroleum or petroleum
products released from an UST from $1,000,000 per site to $2,000,000 per site.
The bill also lowers the minimum amount for which a monthly transfer from the
Superb Account to the Superb Financial Responsibility Fund should occur.
Additionally, prior to the end of each calendar year, DES must transfer from
the Superb Financial Responsibility Fund to the Superb Account the total amount
of funds exceeding $1,000,000.
Further, the bill increases the annual UST
registration renewal fee, which is currently $100. The fee increases are as
follows:
$200 beginning August 1, 2029;
$250 beginning in 2034; and
$300 beginning in 2039.
DES reports that there are 11,259 USTs
registered in the state, as of December 31, 2025. Based on the current number
of USTs, DES estimates that the bill will increase Other Funds revenue by
approximately $1,000,000 in FY 2029-30 through FY 2033-34 due to the increase
in the annual renewal fee. Other Funds revenue is also estimated to increase by
an additional $500,000 in FY 2034-35 through FY 2038-39 and by an additional
$500,000 beginning in FY 2039-40 due to the additional increases in the annual
renewal fee. The revenue from the annual renewal fees will continue to be
allocated to the Superb Account and transferred to the Superb Fund pursuant to
Section 44-2-40(B).
Additionally, for reference, the Superb
Account must be used to pay the usual, customary, and reasonable costs for site
rehabilitation. The Superb Financial Responsibility Fund must be used to
compensate third parties for actual bodily injury and property damage caused by
accidental released from underground storage tanks containing petroleum or
petroleum products.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 44-2-20, RELATING TO DEFINITIONS PERTAINING TO THE STATE UNDERGROUND
PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988, SO AS TO DEFINE A PIPELINE FACILITY
IN ACCORDANCE WITH 49 U.S.C. CHAPTER 601; BY AMENDING SECTION 44-2-40, RELATING
TO THE SUPERB ACCOUNT AND SUPERB FINANCIAL RESPONSIBILITY FUND, SO AS TO ADJUST
THE ALLOWABLE COSTS FOR SITE REHABILITATION BY THE FUND AND MAKE OTHER
CONFORMING CHANGES; BY AMENDING SECTION 44-2-60, RELATING TO THE REGISTRATION
OF UNDERGROUND STORAGE TANKS AND THE ENVIRONMENTAL IMPACT FEE, SO AS TO SET
CERTAIN YEARS FOR THE RENEWAL FEE TO BE ADJUSTED; BY AMENDING SECTION 44-2-130,
RELATING TO COMPENSATION FROM THE SUPERB ACCOUNT, SO AS TO MAKE CONFORMING
CHANGES; AND BY AMENDING SECTION 44-2-150, RELATING TO THE SUPERB ADVISORY
COMMITTEE, SO AS TO DEFINE THE MEMBERSHIP OF THE SUPERB ADVISORY COMMITTEE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 44-2-20 of the S.C. Code is amended to read:
    Section
44-2-20. When used in this chapter, the listed terms
have the following meanings unless the context clearly requires otherwise:
    (1)
"Affiliate" means persons who are affiliates to each other if, directly or
indirectly, either one controls or has the power to control the other or a
third person controls or has the power to control both.  Indicia of control
include, but are not limited to, interlocking management or ownership, identity
of interest among family members, shared facilities and equipment, common use
of employees, or a business entity organized following the suspension,
debarment, or exclusion of a person, under applicable regulation, where the
person has the same or similar management, ownership, or principal employees as
the suspended, debarred, or excluded person.
    (2)
"Bodily injury" means actual medically documented costs and medically
documentable future costs of adverse health effects that have resulted from
exposure to a release of petroleum or petroleum products from an underground
storage tank.  Bodily injury does not mean pain and suffering.
    (3)
"Committed funds" means that portion of the Superb Account reserved as a result
of action by the Department of Health and Environmental
ControlServices to
approve costs for planned site rehabilitation activities.
    (4)
"Compensation" means billing the Superb Account for costs associated with site
rehabilitation after receiving prior approval from the department and in
accordance with regulations promulgated pursuant to this chapter and criteria
established by the department as authorized by this chapter.  All compensation
is considered committed funds.
    (5)
"Department" means the Department of Health and Environmental
ControlServices.
    (6)
"Familial relationship" means a connection or association by family or
relatives, in which a family member or relative has a material interest.
Family or relatives include father, mother, son, daughter, brother, sister,
uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, half sister, grandparent, great grandparent, grandchild, great
grandchild, step grandparent, step great grandparent, step grandchild, step
great grandchild, or fiancee.
    (7)
"Financial relationship" means a connection or association through a material
interest or sources of income which exceed five percent of annual gross income
from a business entity.
    (8)
"Fund" means the funds provided for under this chapter and deposited in the
Superb Account or the Superb Financial Responsibility Fund hereinafter created.
    (9)
"Occurrence" means an accident, including continuous or repeated exposure to
conditions which results in a release from an underground storage tank.
    (10)
"Operator" means any person in control of, or having responsibility for the
daily operation of an underground storage tank.
    (11)
"Orphan site" means a site where there has been a release from an underground
storage tank but responsible party issues have not been resolved, and site
rehabilitation has not been undertaken.
    (12)
"Owner" means:
       (a)
in the case of an underground storage tank system in use on November 8, 1984,
or brought into use after that date, a person who owns an underground storage
tank system used for storage, use, or dispensing of regulated substances;
       (b)
in the case of any underground storage tank system in use before November 8,
1984, but no longer in use on that date, a person who owned such an underground
storage tank immediately before the discontinuation of its use;  or
       (c)
a person who has assumed legal ownership of the underground storage tank
through the provisions of a contract of sale or other legally binding transfer
of ownership.
    (13)
"Person" means any individual, partner, corporation organized or united for a
business purpose, or a governmental agency.
    (14)
"Petroleum" and "petroleum product" means crude oil or any fraction thereof
which is liquid at standard conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds for each square inch absolute), including any such
liquid which consists of a blend of petroleum and alcohol and which is intended
for use as a motor fuel.  The terms "petroleum" and "petroleum product" do not
include any:
       (a)
hazardous substance as defined in Section 101(14) of the Federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (CERCLA);
       (b)
substance, other than used oils, regulated as a hazardous waste under Subtitle
C of Title II of the Federal Resource Conservation and Recovery Act of 1976
(RCRA);  or
       (c)
mixture of petroleum or a petroleum product containing any such hazardous
substance or hazardous waste in greater than de minimis quantities.
    (15)
"Property damage" means a documented adverse physical impact to structures or
property as a result of a release of petroleum or petroleum products from an
underground storage tank.  The total damage is limited to the difference
between the original fair market value of the property or structure and the
residual value or the depreciated replacement cost of the property or
structure, whichever is less.  The documented presence of petroleum or
petroleum products at levels not posing an unacceptable risk to human health or
environment shall not be grounds for a claim or suit.
    (16)
"Punitive damages" means damages awarded by a court to an injured party to
punish the defendant for a serious wrong.  This award only is in addition to
actual damages awarded for bodily injury or property damage.
    (17)
"Regulated substance" means:
       (a)
a substance defined in Section 101(14) of CERCLA, but not including any
substance regulated as a hazardous waste under Subtitle C of RCRA;  and
       (b)
petroleum and petroleum products.  The term "regulated substance" includes, but
is not limited to, petroleum and petroleum-based substances comprised of a
complex blend of hydrocarbons derived from crude oil through processes of
separation, conversion, upgrading, and finishing, such as motor fuels, jet
fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum
solvents, and used oils.
    (18)
"Related interest" means affiliated companies, principal owners of the client
company, or any other party with which the client deals where one of the
parties can influence the management or operation policies of the other.
    (19)
"Release" means any spilling, leaking, emitting, discharging, escaping,
leaching or disposing from an underground storage tank into subsurface soils,
groundwater, or surface water.
    (20)
"Site rehabilitation" means cleanup actions taken in response to a release from
an underground, storage tank which includes, but is not limited to,
investigation, evaluation, planning, design, engineering, construction, or
other services put forth to investigate or clean up affected subsurface soils,
groundwater, or surface water.
    (21)
"Site rehabilitation contractor" means any person who carries out site
rehabilitation actions, including persons retained or hired by these persons to
provide services related to site rehabilitation.
    (22)
"Substantial compliance" means that an underground storage tank owner or
operator has demonstrated a good faith effort to comply with regulations
necessary and essential in preventing releases, in facilitating their early
detection, and in mitigating their impact on public health and the environment.
    (23)
"Third party claim" means a civil action brought or asserted by an injured
party against an owner or operator of an underground storage tank for bodily
injury or property damages resulting from a release of petroleum or petroleum
products from an underground storage tank.  The underground storage tank owner
or operator, the owner of the property where the underground storage tank is
located, a person to whom properties are transferred in anticipation of damage
due to a release, employees or agents of an owner or operator, or employees or
agents of the property owner must not be considered a third party.
    (24)
"Underground storage tank" or "UST" means any one
or combination of tanks, including underground pipes connected to itthereto, which is used
to contain an accumulation of regulated substance, and the volume of which is
ten percent or more beneath the surface of the ground.  The term does not
include any:
       (a)
farm or residential tank of one thousand one hundred gallons or less capacity
used for storing motor fuel for noncommercial purposes;
       (b)
tank used for storing heating oil for consumptive use on the premises where
stored;
       (c)
septic tank;
       (d)
pipeline facility, including gathering line which is:, regulated under the Federal Natural Gas Pipeline Safety Act of
1968 or the Federal Hazardous Liquid Pipeline Safety Act of 1979, or any
pipeline facility regulated under state laws comparable to the provisions of
these federal provisions of law;
  (i) regulated under 49 U.S.C. Chapter
601; or
  (ii) an intrastate pipeline facility
regulated under state laws provided in 49 U.S.C. Chapter 601 and which is
determined by the United States Secretary of Transportation to be connected to a
pipeline, or to be operated or intended to be capable of operating at a
pipeline pressure or as an integral part of a pipeline;
       (e)
surface impoundment, pit, pond or lagoon;
       (f)
storm water or wastewater collection system;
       (g)
flow-through process tank;
       (h)
liquid trap or associated gathering lines directly related to oil or gas
production and gathering operations;
       (i)
storage tank situated in an underground area, such as a basement, cellar,
mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated
upon or above the surface of the floor;
       (j)
hydraulic lift reservoirs, such as for automobile hoists and elevators,
containing hydraulic oil;  or
       (k)
any pipes connected to any tank which is described in subitems (a) through (j).
SECTION 2.  Section 44-2-40 of the S.C. Code is amended to read:
    Section
44-2-40. (A)(1) There is created within the state treasury two
separate and distinct accounts which are to be administered by the Department
of Health and Environmental ControlServices.  The "Superb Account" and the "Superb Financial
Responsibility Fund" are created to assist owners and operators of underground
storage tanks containing petroleum and petroleum products to the extent
provided for in this chapter but not to relieve the owner or operator of any
liability that cannot be satisfied by the provisions of this chapter.
        (2) The Superb Account must be used for payment of usual,
customary, and reasonable costs for site rehabilitation of releases from
underground storage tanks containing petroleum or petroleum products.
        (3) The Superb Financial Responsibility Fund must be used
for compensating third parties for actual costs for bodily injury and property
damage caused by accidental releases from underground storage tanks containing
petroleum or petroleum products.  The Superb Financial Responsibility Fund must
not be used for reimbursing claims for punitive damages.
        (4) Except for releases reported
before July 1, 1994, sites where the underground storage tank, at the time of
discovery and reporting of the release to the department, is not in substantial
compliance with regulations promulgated pursuant to Section 44-2-50(A), are not
eligible for compensation from the Superb Account, and no third party claims
resulting from that release may be paid from the Superb Financial
Responsibility Fund.
    (B)
The Superb Account is established to ensure the availability of funds for the
rehabilitation of releases at sites contaminated with petroleum or petroleum
products released from an underground storage tank and for administration of
the underground storage tank regulatory program established in this chapter.
The department shall use the fund to pay the usual, customary, and reasonable
costs of site rehabilitation up to a maximum of one two million dollars per occurrence as a result of a
release from an underground storage tank containing petroleum or petroleum
products for releases that were reported to the department before July 1, 1993,
and in excess of twenty-five thousand dollars and up to a maximum of onetwo million dollars per
occurrence for site rehabilitation for releases reported to the department on
or after July 1, 1993.  The department shall use the fund to pay these costs of
site rehabilitation by owners or operators who qualify for compensation.  The
department may use the fund to clean up a release at a site where the
underground storage tank owner or operator does not qualify for compensation or
a site which does qualify but the owner or operator is unwilling or unable to
undertake site rehabilitation, and the department shall diligently pursue the
recovery of any sum so incurred from the owner or operator 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 fund must be further used for the payment of costs incurred by
the department in providing field and laboratory services and other assistance
by the department in the investigation of alleged contamination.  This fund
must not be used for the cleanup of any other pollutant.  Funds in the Superb
Account also may not be used to pay any liability claims against the owners or
operators of underground storage tanks.  The Superb Account must be credited
with all fees, charges, commitments, and judgments allowable under this
chapter.  Charges against the Superb Account only may be made in accordance
with the provisions of this chapter.  Beginning November 1, 1994, the
department shall transfer on a monthly basis one hundred thousand dollars of
the funds generated by the environmental impact fee from the Superb Account to
the Superb Financial Responsibility Fund until the balance of the Superb
Financial Responsibility Fund reaches two one million dollars.  Subsequently, monthly transfers of
one hundred thousand dollars from the Superb Account to the Superb Financial
Responsibility Fund shall only occur when the balance of the Superb Financial
Responsibility Fund becomes less than one million five hundred thousand dollars, and the monthly transfers
shall continue until the balance of the Superb Financial Responsibility Fund
reaches twoone million
dollars. Additionally, prior to the end of each calendar
year, the department shall transfer from the Superb Financial Responsibility
Fund to the Superb Fund the total amount of funds exceeding one million
dollars. Committed funds for site rehabilitation activity revert to
uncommitted status after four months of initiation of commitment if no invoices
for that commitment have been received by the department.
    (C)(1) The Superb Financial Responsibility Fund must be used
to reimburse owners or operators who compensate third parties or compensate
third parties directly, only for bodily injury and property damages caused by
releases from underground storage tanks containing petroleum or petroleum
products, exclusive of any legal costs of the parties, and only when there are
judgments, settlements, alternative dispute resolution outcomes, or consent
orders for damages for bodily injury or property damage, or both, that are
approved by a court of competent jurisdiction within the State of South
Carolina.  To seek payment from the Superb Financial Responsibility Fund, the
owner or operator must notify the department in writing by registered mail
within sixty days of receipt of the third party claim or suit and must defend
in good faith against the claim or suit.  At its discretion, the department may
intervene in the claim or suit to protect the Superb Financial Responsibility
Fund.  Intervention includes, but is not limited to, defending the claim,
approving the claim, or participating in the settlement of the claim.
        (2) The costs of claim or
suit intervention by the department must be recoverable from the Superb
Financial Responsibility Fund.  These intervention costs must not affect the
per occurrence assurance amounts provided by the Superb Account or the Superb
Financial Responsibility Fund.
        (3) The
Superb Financial Responsibility Fund is not liable for any claims where no
owner or operator exists.
        (4) The
amount of money in the Superb Financial Responsibility Fund, the method of
collection, or information regarding the administration of the fund is not
admissible as evidence in a trial for damages potentially payable by the Superb
Financial Responsibility Fund.
    (D)(1) The Superb Account and the Superb Financial
Responsibility Fund shall provide combined coverage for site rehabilitation and
third party claims, respectively, not to exceed onetwo million dollars per occurrence.  The estimated cost
of site rehabilitation must be reserved from the combined coverage before
payment of third party claims.
        (2) The
underground storage tank owner or operator must be responsible for the first
twenty-five thousand dollars per occurrence for releases of petroleum and
petroleum products from underground storage tanks reported to the department
subsequent to July 1, 1993.
        (3) Nothing
in this chapter establishes or creates any liability or responsibility on the
part of the department or the State as administrators of the Superb Account and
the Superb Financial Responsibility Fund to pay any costs for site
rehabilitation or third party claims from any source other than the Superb
Account and the Superb Financial Responsibility Fund created by this chapter,
and the department and the State as administrators of the Superb Account and
the Superb Financial Responsibility Fund have no liability or responsibility to
make payments for cleanup costs or third party claims if the funds are
insufficient.  If the funds are insufficient to make the payments at the time
the claim is filed, these claims must be paid in the order of filing at such
time as monies accrue in each account, respectively.
        (4) The one hundred dollar underground storage tank registration fee and annual renewal fee may be used by the department
for the administration of the underground storage tank program established by
this chapter and its activities as trustees of the Superb Account and the
Superb Financial Responsibility Fund, exclusive of legal costs outlined in
subsection (C).
SECTION 3.  Section 44-2-60 of the S.C. Code is amended to read:
    Section
44-2-60. (A) The owner or operator of
an underground storage tank which stores or is intended to store a regulated
substance 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 for each tank; however, the department may prorate the
initial registration fees on a daily basis for underground storage tanks
installed on or after July 1, 1997. The owner or operator shall pay to the
department an annual renewal fee of one hundred dollars a
tank a each year. Beginning January July 1, 20122029, the annual renewal
fee for each tank will be as follows:
       (1)
20122029: two hundred
dollars;
       (2)
20132034:-three two hundred fifty dollars; and
       (3)
20142039: -four three hundred dollars.;  and
       (4) 2015-five hundred dollars.
    The additional revenue
generated from the tank fee increases listed above must be deposited into the
Superb Account. No portion of the increases may be used by the department for
administration of the program or for orphan sites as defined in Section 44-2-20(11).
    When the Superb Account is
credited with an additional thirty-six million dollars from the increase in
tank fees, general appropriations, settlements, or other sources of funds
including federal funds designated for cleanup, or declared insolvent, the tank
registration fee shall revert to one hundred dollars annually for each tank
beginning January first of the next year.
    (B) No
person may place a regulated substance and no owner or operator may cause a
regulated substance to be placed into an underground storage tank for which the
owner or operator does not hold a currently valid registration. The department
may not issue a registration certificate until all past and present fees and
penalties owed on a tank are paid. The department may not issue a registration
certificate to any owner or operator who has not complied with all terms of a
consent or final administrative order issued under Section 44-2-140.
       (1)
All fees are due to the department within thirty days of billing. The
department shall issue a late notice, with no penalty due, to an underground
storage tank owner or operator who has unpaid fees thirty days after billing.
An owner or operator who fails to pay the fees within sixty days of the initial
billing must pay a ten percent penalty in addition to the ten percent penalty
for any fees remaining unpaid ninety days after the initial billing. An owner
or operator with unpaid fees ninety days after the initial billing is subject
to additional enforcement action as provided for in Section 44-2-140.
       (2)
The department may not disburse Superb Account or Superb Financial Fund monies
to any person or persons for the rehabilitation of a petroleum or petroleum
product release from any underground storage tank or underground storage tank
system where all past and present fees and penalties owed on the applicable
tank have not been paid.
       (3)
The funds generated by the registration and late penalty fees on annual tank renewals 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 the amount collected from funds
received from federal grants specifically designated for administrative use,
interest, the first one hundred dollars for annual tank registration fees, annual
renewal fees, and late penalty fees on annual tank
renewals.
    (C) In
addition to the inspection fee of one-fourth cent a gallon imposed pursuant to
Section 39-41-120, an environmental impact fee of one-half cent a gallon is
imposed which must be used by the department for the purposes of carrying out
the provisions of this chapter. This one-half cent a gallon environmental
impact fee must be paid and collected in the same manner that the one-fourth
cent a gallon inspection fee is paid and collected except that the monies
generated from these environmental impact fees must be transmitted by the
Department of Agriculture to the Department of Health and Environmental
ControlServices which
shall deposit the fees as provided for in Section 44-2-40.
SECTION 4.  Section 44-2-130(E) of the S.C. Code is amended to
read:
    Section
44-2-130.  (E)(1) An owner or operator of an
underground storage tank or his agent seeking to qualify for compensation from
the Superb Account for site rehabilitation shall submit a written application
to the department.  The written application must be on a form specified by the
department and include certification that site rehabilitation is necessary, the
tanks at the site have been registered in compliance with applicable law and
regulations, and all registration fees have been paid.  The department shall
accept certification that the release at the site is in need of rehabilitation
if the certification is provided jointly by the owner or operator and a South
Carolina registered professional geologist or engineer, and if the
certification is supported with geotechnical data which reasonably justifies
the claim.  Upon final determination the department shall provide written
notice to the applicant of its findings including detailed reasons for any
denial.  Any denial of an application must be appealable
to the Board of Health and Environmental Control.  The department is
exempt from this time frame for applications which are received within three
months of the close of the grace period allowed in Section 44-2-110.
       (2)
The owner or operator responsible for conducting the site rehabilitation or his
agents shall keep and preserve suitable records of hydrological and other site
assessments, site plans, contracts, accounts, invoices, or other transactions
related to the cleanup and rehabilitation and the records must be accessible to
the department during regular business hours.
SECTION 5.  Section 44-2-150 of the S.C. Code is amended to read:
    Section
44-2-150.  (A) There is established
a Superb Advisory Committee to study the implementation and administration of
the Superb program, including the Superb Account, the Superb Financial
Responsibility Fund, and the regulatory requirements applicable to underground
storage tanks;  to make recommendations to the department and the General
Assembly on ways to improve the efficiency of the program and to maximize
available funds;  and to advise the department on administration of the
program.
    (B)
The members of the committee must be appointed before August 1, 1994.
    (C)
The committee shall consist of fourteenfifteen members, appointed by the commissioner of the
department as follows:
       (1)
one member representing the general public;
       (2)
two members representing environmental organizations;
       (3)
one member representing the South Carolina Petroleum Council;
       (4)
one member two members representing
the South Carolina Convenience and Petroleum
Marketers Association, one of whom must be an underground
storage tank owner as defined in Section 44-2-20 (22);
       (5)
one member representing the South Carolina Service Station
Dealers Association  business that specializes in
the sale or service of petroleum equipment;
       (6)
one member representing the South Carolina Chamber of Manufacturers and Commerce;
       (7)
one member representing the South Carolina Bankers Association;
       (8)
one member representing a business that specializes in the assessment or
remediation, or both, of contamination resulting from leaking underground
storage tanks;
       (9)
one member representing the South Carolina Department of Insurance;
       (10)
one member representing the Department of Health and Environmental Control Services;
       (11)
one member representing the State Department of Administration, Division of
General Services;
       (12)
one member representing the Municipal Association of South Carolina;  and
       (13)
one member representing the South Carolina Association of Counties.
    (D)
The committee shall have the following duties and responsibilities:
       (1)
to conduct an initial review of the management of the Superb Program and the
Superb Financial Responsibility Fund and the availability of funds in the
account and the fund and thereafter to monitor the management of the account
and the fund;
       (2)
to determine the success of the Superb program in achieving its statutory
purpose of providing a means for the investigation and cleanup of spills,
leaks, and other discharges from underground storage tanks without delay, which
determination shall include a list of all sites cleaned up pursuant to the
Superb program;
       (3)
to review the administration of the Superb program and to determine the
feasibility and desirability of maintaining or separating the function of
environmental regulation from the function of administering the Superb Account
and Superb Financial Responsibility Fund;
       (4)
to make recommendations on the development of regulations for prioritizing
sites;
       (5)
to make recommendations on the development of regulations establishing
reasonable site-specific cleanup goals and utilizing risk-based goals for
corrective action;
       (6)
to review the financial solvency of the Superb Account and to examine and make
recommendations regarding alternative funding mechanisms;
       (7)
to review the interaction between the Federal Trust Fund and the Superb
Account;
       (8)
to review and provide recommendations on standards and procedures to reduce
time and costs to achieve site cleanup in a high quality and efficient manner;
       (9)
to study and make recommendations regarding the feasibility of utilizing a
competitive bidding process in any or all stages of the Superb program;
       (10)
to study and make recommendations regarding the feasibility of the State's
contracting with private entities to provide services for the program, such as
having private insurers process compensation applications;
       (11)
to make recommendations regarding actions the department could take to
facilitate commercial lending activity involving Superb-qualified sites; and
       (12)
to make recommendations regarding the development of 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).
    (E)
Members of the committee shall serve for terms of two years and until their
successors are appointed and qualify.  The committee shall selection a chairman
and vice-chairman.  The committee shall adopt operating procedures, including
attendance requirements.  A majority of the members constitute a quorum to do
business.  The committee shall meet on the call of the chairman or of a
majority of the members;  however, the committee shall meet at least monthly
before the date that its initial report required by subsection (F) is due.  The
department shall provide the necessary staff and the administrative facilities
and services to the committee and shall cooperate fully with the committee,
including providing information necessary for the committee to perform its
functions.
    (F)
Not later than December 16, 1994, the committee shall submit a report to the
department and General Assembly addressing the issues identified in subsection
(D) of this section.  The report shall include recommendations for any
statutory changes that the committee determines should be made in the Superb
program and recommendations regarding regulations required to be promulgated
pursuant to Section 44-2-50(B).
    (G)
Following its initial report, the committee shall submit to the department and
the General Assembly by the end of each calendar year an annual report which,
at a minimum, shall address the financial status and viability of the Superb
Account and the Superb Financial Responsibility Fund, the number of sites
successfully remediated pursuant to the Superb program, the number of sites
remaining to be remediated, and any statutory or regulatory changes that the
committee recommends.
SECTION 6.  This act takes effect upon approval
by the Governor.
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