Senator CAMPSEN proposed the following amendment (2R006..GEC):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION1. On the effective date of this act:
(1) there is created the Department of Behavioral and Public Health;
(2) the divisions, offices, and programs of the Department of Health and Environmental Control that perform health-related functions shall become a division of the Department of Behavioral and Public Health with the director of the department being deemed the head of the division unless otherwise specified, and all relevant powers and duties assigned to the Department of Health and Environmental Control being transferred to and devolved upon the Department of Behavioral and Public Health;
(3) the divisions, offices, and programs of the Department of Alcohol and Other Drug Abuse Services shall become a division of the Department of Behavioral and Public Health with the director of the department being deemed the head of the division unless otherwise specified, and all powers and duties assigned to the Department of Alcohol and Other Drug Abuse Services being transferred to and devolved upon the Department of Behavioral and Public Health;
(4)(a) except as provided in subitem (b), the divisions, offices, and programs of the Department of Mental Health shall become a division of the Department of Behavioral and Public Health with the director of the department being deemed the head of the division unless otherwise specified, and all powers and duties assigned to the Department of Mental Health being transferred to and devolved upon the Department of Behavioral and Public Health;
(b) the authority to establish, manage, and operate veterans homes shall be transferred to the Department of Veterans' Affairs, and all powers and duties assigned to the Department of Mental Health regarding veterans homes being transferred to and devolved upon the Department of Veterans' Affairs. To the extent, the Department of Mental Health owns the grounds upon which these veterans homes are located, title shall be transferred to the Department of Veterans' Affairs;
(5) there is created the Department of Environmental Services;
(6)(a) except as provided in subitem (b), the divisions, offices, and programs of the Department of Health and Environmental Control that perform functions related to regulation and protection of the environment shall become divisions, offices, and programs of the Department of Environmental Services with the director of the department being deemed the head of the divisions, offices, and programs unless otherwise specified, and all relevant powers and duties assigned to the Department of Health and Environmental Control being transferred to and devolved upon the Department of Environmental Services;
(b) the food safety program in the Division of Food and Lead Risk Assessment and the Milk and Dairy Lab of the Department of Health and Environmental Control shall become a division of the Department of Agriculture with the director of that department being deemed the head of the division unless otherwise specified, and all relevant powers and duties assigned to the Department of Health and Environmental Control being transferred to and devolved upon the Department of Agriculture;
( 7)the flood mitigation program of the Department and Natural Resources shall become a program of the Office of Resilience and all relevant powers and duties assigned to the Department of Natural Resources being transferred to and devolved upon the Office of Resilience; and
( 8)the South Carolina Department of Alcohol and Other Drug Abuse Services, South Carolina Mental Health Commission, the South Carolina Department of Mental Health, the South Carolina Department of Health and Environmental Control, and the South Carolina Board of Health and Environmental Control shall be abolished. /
Amend the bill further, as and if amended, by striking SECTION 37.
Amend the bill further, as and if amended, by striking SECTION 56 and inserting:
/ Section 49-6-30 of the 1976 Code is amended to read:
"Section 49-6-30.There is hereby established the South Carolina Aquatic Plant Management Council, hereinafter referred to as the council, which shall be composed of ten nine members as follows:
1.(1)The council shall include one representative from each of the following agencies, to be appointed by the chief executive officer of each agency:
(a) Water Resources Division of the Department of Natural Resources;
(b) South Carolina Department of Health and Environmental Control;
(c)Wildlife and Freshwater Fish Fisheries Division of the Department of Natural Resources;
(d)(c)South Carolina Department of Agriculture;
(e)(d)Coastal Division of the Department of Health and Environmental Control Environmental Services;
(f)(e)South Carolina Public Service Authority;
(g)(f)Land Resources and Conservation Districts Division of the Department of Natural Resources;
(h)(g)South Carolina Department of Parks, Recreation and Tourism; and
(i)(h)Clemson University, Department of Fertilizer and Pesticide Control.
2.(2)The council shall include one representative from the Governor's Office, to be appointed by the Governor.
3.(3)The representative of the Water Resources Division of the Department of Natural Resources shall serve as chairman of the council and shall be a voting member of the council.
The council shall provide interagency coordination and serve as the principal advisory body to the department on all aspects of aquatic plant management and research. The council shall establish management policies, approve all management plans, and advise the department on research priorities." /
Amend the bill further, as and if amended, by striking SECTION 60(B).
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION () . Title 49 of the 1976 Code is amended by adding:
"CHAPTER 8
Water Resources Planning and Coordination Act
Section 49-8-10. This chapter may be cited as the South Carolina Water Resources Planning and Coordination Act.
Section 49-8-20.(A) As used in this chapter:
(1) 'Department' means the Department of Natural Resources.
Section 49-8-30. (A) The department shall advise and assist the Governor and the General Assembly in:
(1) formulating and establishing a comprehensive water resources policy for the State, such as a State Water Plan, including coordination of policies and activities among the state departments and agencies;
(2) developing and establishing policies and proposals designed to meet and resolve special problems of water resource use and control within or affecting the State, including consideration of the requirements and problems of urban and rural areas;
(3) reviewing the actions and policies of state agencies with water resource responsibilities to determine the consistency of such actions and policies with the comprehensive water policy of the State and recommending appropriate action where deemed necessary;
(4) reviewing any project, plan, or program of federal aid affecting the use or control of any waters within the State and recommending appropriate action where deemed necessary;
(5) developing policies and recommendations to assure that the long-range interests of all urban, suburban, and rural groups are provided for in the State's representation of interstate water issues;
(6) recommending to the General Assembly any changes of law or regulation required to implement the policy declared in this chapter; and
(7) such other water resources planning, policy formulation, and coordinating functions as the Governor and the General Assembly may designate.
(B) The department is authorized to conduct or arrange for such studies, inquiries, surveys, or analyses as may be relevant to its duties in assisting the Governor and the General Assembly in the implementation of the policy declared in this chapter and in developing recommendations for the General Assembly. For these purposes, the department shall have full access to the relevant records of other state departments, agencies, and political subdivisions of the State, may hold public hearings, and may cooperate with or contract with any public or private agency, including educational, civic, and research organizations. The studies, inquiries, surveys, or analyses shall incorporate and integrate, to the maximum extent feasible, plans, programs, reports, research, and studies of federal, state, interstate, regional, metropolitan, and local units, agencies, and departments of government.
(C) In developing recommendations for the Governor and the General Assembly relating to the use and control of the water resources of the State, the department shall:
(1) coordinate its activities by distribution of copies of its notices of meetings with agenda, minutes, and reports of all state agencies concerned with water resources;
(2) consult with representatives of any federal, state, interstate, or local units of government that would be affected by such recommendations; and
(3) be authorized to appoint such interdepartmental and public advisory boards as necessary to advise them in developing policies for recommendations to the Governor and the General Assembly.
(D) The department shall encourage, assist, and advise regional, metropolitan, and local governmental agencies, officials, or bodies responsible for planning in relation to water aspects of their programs and shall assist in coordinating local and regional water resources activities, programs, and plans.
(E) The department may publish reports, including the results of such studies, inquiries, surveys, and analyses as may be of general interest, and shall make an annual report of its activities to the Governor and the General Assembly within ten days after the convening of each session of the General Assembly.
(F) The department may receive and expend grants, gifts, and monies donated or given by any state, federal, or private agency, person, corporation, water, or sewer authority or political subdivision in connection with water resource investigations in which the results of such investigations will be made publicly available.
(G)(1) The department is authorized and required to review and approve the expenditure of funds derived from the United States Army Corps of Engineers when any funds are authorized and appropriated for any water resource-related projects or purposes, including, but not limited to:
(a) navigation;
(b) irrigation;
(c) water storage;
(d) aquatic weed management;
(e) flood control;
(f) salinity control;
(g) interstate water concerns; and
(h) any studies, surveys, or analyses performed by the Corps of Engineers.
(2) The review and approval required by this subsection is not applicable to any Corps of Engineers funds, which must be expended in a different manner pursuant to express statutory direction.
Section 49-8-40.(A) In exercising its responsibilities under this chapter, the department shall take into consideration the need for:
(1) adequate supplies of surface water and groundwater of suitable quality for all uses, including domestic, municipal, agricultural, and industrial;
(2) water of suitable quality for all purposes;
(3) water availability for recreational and commercial needs;
(4) hydroelectric power;
(5) flood damage control or prevention measures including zoning to protect people, property, and productive lands from flood losses;
(6) land stabilization measures;
(7) drainage measures, including salinity control;
(8) watershed protection and management measures;
(9) outdoor recreational and fish and wildlife opportunities;
(10) studies on saltwater intrusion into groundwater and surface water;
(11) measures to protect the State's fisheries and other aquatic resources; and
(12) any other means by which development of water and related land resources can contribute to economic growth and development, the long-term preservation of water resources, and the general well-being of all the people of the State." /