Amend the bill, as and if amended, page 4, by striking lines 40 through 41 and inserting:
/ position on December 31, 2017. /
Amend the bill further, as and if amended, page 4, by striking lines 33 through 34 and inserting:
/ "Section 48-39-280. (A) A forty year policy of retreat from the shoreline beach preservation is established. The department must implement this policy /
Amend the bill further, as and if amended, page 5, by striking line 14 and inserting:
/implementation of the retreat beach preservation policy, the department, as part of the /
Amend the bill further, as and if amended, page 5, by striking line 27 and inserting:
/ (4) A baseline established pursuant to this section must not move seaward from the most seaward location of the following:
(a) the location of the baseline as established during the 2008 through 2012 establishment cycle;
(b) the location of the baseline as proposed by the department on October 6, 2017; and
(c) the location of the baseline as revised pursuant to a review or an appeal of the proposed October 6, 2017 baseline initiated before January 1, 2018.
(B) To implement the retreat beach preservation policy provided for in subsection /
Amend the bill further, as and if amended, page 5, line 34, by striking Section 48-39-280(C) in its entirety and inserting:
/ (C) The department, before July 3, 1991, must establish a final baseline baselines and setback line lines for all geographic areas where baselines and setback lines were established on or before January 31, 2012 each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the The baseline baselines and setback line lines must be revised established anew during establishment cycles that are not less than every seven years, but not more than every ten years after each preceding revision following the establishment cycle and must be based upon the best available data. The department shall establish the baseline and setback line for all locations where the baseline and setback line were established on or before January 31, 2012. Nothing in this section allows the seaward movement of the baseline after December 31, 2017. In the establishment and revision of the baseline and setback line, the department must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department must hold one public hearing before establishing the final baseline and setback lines. Until the department establishes new baselines and setback lines for a geographic area, the existing baselines and setback lines for the geographic area must be used. The department may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section. /
Amend the bill further, as and if amended, page 6, by striking lines 38 through 40 and inserting:
/ (ii) make readily available to the public, including on the department's website, the information and raw data that the department used to determine the locations of the proposed baselines and setback lines and explanations for these determinations; /
Amend the bill further, as and if amended, page 7, by striking lines 33 through 42 and inserting:
/ (4) If an erosion zone incurs extraordinary erosion due to the impact of a storm system or event named by the National Weather Service after June 1, 2018, then data collected from the erosion zone within eighteen months of the date of impact of the storm system or event must not be used to locate the crests of primary oceanfront sand dunes or to establish baselines pursuant to subsections (A)(1) and (A)(3). /
Amend the bill further, as and if amended, page 9, by striking line 19 and inserting:
/ (5) The landowner or the county, municipality, or organization /
Amend the bill further, as and if amended, page 9, line 32, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. A. Chapter 39, Title 48 of the 1976 Code is amended by adding:
"Section 48-39-285. (A) Notwithstanding the provisions of Section 48-39-280, the department must initiate a new baseline cycle by no sooner than January 1, 2024. Until the department establishes a new baseline and setback line affecting a landowner as part of that establishment cycle, the baseline and setback line in effect for the landowner are the most seaward of the following, respectively:
(1)(a) the baseline established during the 2008 through 2012 establishment cycle; or
(b) the baseline proposed by the department on October 6, 2017; and
(2)(a) the setback line established during the 2008 through 2012 establishment cycle; or
(b)the setback line proposed by the department on October 6, 2017.
(B) Notwithstanding the provisions of subsection (A) and Section 48-39-280, if a proposed baseline under review or appeal prior to January 1, 2018 is revised by a consent order or court order, or otherwise by the department, to a location seaward of both the baseline established during the 2008 through 2012 establishment cycle and the baseline proposed on October 6, 2017, then both the revised proposed baseline as well as the revised proposed setback line will be in effect for the landowner until the department establishes a new baseline and setback line."
B. The provisions contained in this SECTION are repealed upon completion of the establishment cycle initiated on or after January 1, 2024. /
Amend the bill further, as and if amended, by adding appropriately numbered new SECTIONS to read:
/SECTION __. Section 48-39-250(6) of the 1976 Code is amended to read:
"(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it."
SECTION __. Section 48-39-260(2) of the 1976 Code is amended to read:
"(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;"
SECTION __. Section 48-39-350(A)(9) of the 1976 Code is amended to read:
"(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;"
SECTION __. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 8, 2019. /
Renumber sections to conform.
Amend title to conform.