H 4011 {Rat #93, Act #73 of 2019} General Bill, By Hixon, Tallon, Johnson and R.Williams
 AN ACT TO AMEND SECTION 49-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' DUTIES IN REGARDS TO WATER
 RESOURCE PLANNING AND COORDINATION, SO AS TO MAKE STATUTORY CHANGES TO REFLECT
 THE DUTIES OF THE DEPARTMENT; AND TO AMEND SECTION 49-3-50, RELATING TO
 MATTERS TO BE CONSIDERED BY THE DEPARTMENT IN EXERCISING ITS AUTHORITY UNDER
 THE WATER RESOURCES PLANNING AND COORDINATION ACT, SO AS TO REVISE THESE
 MATTERS. - ratified title
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   02/19/19  House  Introduced and read first time (House Journal-page 39)
   02/19/19  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 39)
   03/27/19  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 31)
   04/02/19  House  Member(s) request name added as sponsor: R.Williams
   04/02/19  House  Debate adjourned until  Wed., 4-3-19
                     (House Journal-page 41)
   04/04/19  House  Amended (House Journal-page 36)
   04/04/19  House  Read second time (House Journal-page 36)
   04/04/19  House  Roll call Yeas-99  Nays-0 (House Journal-page 37)
   04/04/19  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 39)
   04/05/19  House  Read third time and sent to Senate
                     (House Journal-page 6)
   04/05/19         Scrivener's error corrected
   04/09/19  Senate Introduced and read first time (Senate Journal-page 13)
   04/09/19  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 13)
   04/25/19  Senate Committee report: Favorable Agriculture and
                     Natural Resources (Senate Journal-page 8)
   04/26/19         Scrivener's error corrected
   05/07/19  Senate Amended (Senate Journal-page 91)
   05/07/19  Senate Read second time (Senate Journal-page 91)
   05/07/19  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 91)
   05/08/19  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 70)
   05/09/19  House  Senate amendment amended (House Journal-page 44)
   05/09/19  House  Returned to Senate with amendments
                     (House Journal-page 44)
   05/09/19  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 64)
   05/13/19         Ratified R  93
   05/16/19         Signed By Governor
   05/31/19         Effective date  05/16/19
   06/05/19         Act No.  73

(A73, R93, H4011)

AN ACT TO AMEND SECTION 49-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' DUTIES IN REGARDS TO WATER RESOURCE PLANNING AND COORDINATION, SO AS TO MAKE STATUTORY CHANGES TO REFLECT THE DUTIES OF THE DEPARTMENT; AND TO AMEND SECTION 49-3-50, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT IN EXERCISING ITS AUTHORITY UNDER THE WATER RESOURCES PLANNING AND COORDINATION ACT, SO AS TO REVISE THESE MATTERS.

Be it enacted by the General Assembly of the State of South Carolina:

Department of Natural Resources duties

SECTION    1.    Section 49-3-40(a), (d) and (f) of the 1976 Code is amended to read:

"(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 to recommend 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 to recommend appropriate action where deemed necessary;

(5)    developing policies and recommendations to assure that the long range interests of all groups, urban, suburban, and rural, are provided for in the state's representation on 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.

(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.

(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."

Department of Natural Resources considerations

SECTION    2.    Section 49-3-50 of the 1976 Code is amended to read:

"Section 49-3-50.    In exercising its responsibilities under this chapter, the department shall take into consideration the need for:

(a)    Adequate supplies of surface and groundwaters of suitable quality for all uses, including domestic, municipal, agricultural, and industrial.

(b)    Water of suitable quality for all purposes.

(c)    Water availability for recreational and commercial needs.

(d)    Hydroelectric power.

(e)    Flood damage control or prevention measures including zoning to protect people, property, and productive lands from flood losses.

(f)    Land stabilization measures.

(g)    Drainage measures, including salinity control.

(h)    Watershed protection and management measures.

(i)        Outdoor recreational and fish and wildlife opportunities.

(j)        Studies on saltwater intrusion into groundwater and surface water.

(k)    Measures to protect the state's fisheries and other aquatic resources.

(l)        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."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2019.

Approved the 16th day of May, 2019.