HARRY HUGHES, Governor

2161

January 1, 1986. If the General Assembly had
intended that any specific license, once issued,
be perpetually renewable, the language
"originally issued before January 1, 1986" would
not have been necessary in subsection (b)(2) of
this section.

Also in subsection (a) of this section, the
reference to a "specific license" is new language
added in light of the definitions of "general
license" and "specific license". Since an
application is not required for a general
license, the requirement in subsection (a) that
an "applicant ... demonstrates .... disposal
capacity ..." can only mean that the limitation
placed on the Department under subsection (a) of
this section is intended to apply only to
specific licenses.

In subsection (b)(1) of this section, "to the
extent the Department is authorized to issue
specific licenses" is new language added to
clarify the apparent legislative intent that the
exemption triggered by a compact, rule, or
executive order was to be limited by the scope of
that compact, rule, or executive order. The
exemption only applies to the extent that the
compact, rule, or executive order governs the
disposal of certain kinds of uses and users of
low-level nuclear waste. To obtain a specific
license, an applicant whose proposed use of a
radiation source is outside the scope of the
compact, rule, or executive order would have to
qualify for exemption under subsection (b)(2)
through (5) of this section, or make the
demonstration of availability required by
subsection (a) of this section.

The Commission to Revise the Annotated Code calls
to the attention of the General Assembly the
language of subsection (a) of this section, which
does not limit the authority of the Department to
issue general licenses or to require registration
by holders of general licenses. The reasoning of
the Commission is explained in the second
paragraph of this Revisor's Note. The General
Assembly may wish to clarify whether it intends
to limit the Department's authority to issue
general licenses and to require registration by
holders of general licenses.

The  Commission to Revise the Annotated Code calls

to    the further attention of the General Assembly

the  Commission's interpretation of former Article

43,     § 689F(a)(2)(i) and (vi) revised in