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Bill 4634

                    Current Status

Bill Number:                      4634
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020131
Primary Sponsor:                  Barrett
All Sponsors:                     Barrett and Sandifer
Drafted Document Number:          l:\council\bills\gjk\20932sd02.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Water, transfer of between public 
                                  entities; requirements for a regional compact


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020131  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-1415 SO AS TO PROVIDE THAT A PUBLIC ENTITY IN THIS STATE MAY NOT OBTAIN PURIFIED OR UNPURIFIED WATER FROM ANOTHER PUBLIC ENTITY IN THIS STATE OR FROM A NATURAL SOURCE WITHIN THE JURISDICTION OF ANOTHER PUBLIC ENTITY IN THIS STATE UNLESS A WRITTEN CONTRACT OR AGREEMENT HAS BEEN ENTERED INTO FOR THIS PURPOSE BY THE TWO PUBLIC ENTITIES, AND TO PROVIDE THE CONDITIONS UNDER WHICH PURIFIED OR UNPURIFIED WATER MAY BE TRANSMITTED INTO OR OUT OF THIS STATE, INCLUDING A REQUIREMENT FOR THE ENACTMENT OF A REGIONAL COMPACT AMONG THE AFFECTED STATES PERMITTING SUCH ACTIVITIES.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 44-55-1415.    (A)    A public entity in this State may not obtain purified or unpurified water from another public entity in this State or from a natural source within the jurisdiction of another public entity in this State unless a written contract or agreement has been entered into for this purpose by the two public entities. The provisions of this subsection do not apply to any existing arrangements or agreements for the obtaining of purified or unpurified water by one public entity from another or from a natural source in that other entity.

    (B)    A contract or agreement entered into after the effective date of this section for the transmission of purified or unpurified water into or out of this State involving a public entity of this State must be approved by the Department of Health and Environmental Control after public hearings in the affected areas have been conducted and after an environmental impact statement has been prepared by the department detailing the effects of such activities on the environment of this State. In addition, after compliance with the above provisions, the transmission of purified or unpurified water to or from another state, may only be agreed to by a public entity of this State pursuant to a regional compact enacted into law by at least South Carolina and the other participating state or states permitting full access to the aquatic resources of all states to the compact under its stated terms and conditions for water transmittal purposes."

SECTION    2.    This act takes effect upon approval by the Governor.

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