South Carolina General Assembly
115th Session, 2003-2004

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Bill 38

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 11, 2004

S. 38

Introduced by Senator Knotts

S. Printed 3/11/04--S.

Read the first time January 14, 2003.

            

THE COMMITTEE ON MEDICAL AFFAIRS

To whom was referred a Bill (S. 38) to amend Section 44-56-200, Code of Laws of South Carolina, 1976, relating to the authority of the Department of Health and Environmental Control to enforce the provisions, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION    1.    Section 44-56-200 of the 1976 Code is amended by adding at the end:

"(C)    The provisions of Section 311 (42 USC 11021), as contained in the Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act, Public Law 99-499, October 17, 1986, as amended by Public Law 102-380, October 6, 1992), are incorporated by reference as the law of this State, except that for purposes of South Carolina law, the following is added at the end of Section 311(d):

'(3)    An owner or operator of a facility receiving hazardous chemicals under the Occupational Safety and Health Act of 1970, and regulations promulgated under that act, for which no previous reports have been made, as otherwise required under this act, shall report as required by the State Emergency Response Commission in accordance with federal regulations within three business days after receiving these hazardous chemicals on site. These reports may be sent by personal delivery, by mail, by electronic mail, or by fax. For purposes of this section, reports sent by mail are considered received as of the postmark date'. This section does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this section, including the transportation and distribution of natural gas."

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

Renumber sections to conform.

Amend title to conform.

HARVEY S. PEELER, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Health & Environmental Control (DHEC)

The department is already enforcing CERCLA. The new section requires facility owners to provide DHEC with hazardous material data sheets within 3 days of their receipt. There is no additional cost to the department to enforce this new provision.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENFORCE THE PROVISIONS OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPREHENSION AND LIABILITY ACT OF 1980, SO AS TO ADOPT THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986 AS THE LAW OF THIS STATE AND TO REQUIRE AN OWNER OF A FACILITY RECEIVING CERTAIN HAZARDOUS CHEMICALS TO PROVIDE MATERIAL SAFETY DATA SHEETS TO THE DEPARTMENT WITHIN THREE BUSINESS DAYS AFTER RECEIVING THESE CHEMICALS IF NO SUCH SHEETS HAVE BEEN PREVIOUSLY REPORTED.

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

SECTION    1.    Section 44-56-200 of the 1976 Code is amended by adding at the end:

"(C)    The provisions of Section 311 (42 USC 11021), as contained in the Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act, Public Law 99-499, October 17, 1986, as amended by Public Law 102-380, October 6, 1992), are incorporated by reference as the law of this State, except that for purposes of South Carolina law, the following is added at the end of Section 311:

'(3)    An owner or operator of a facility receiving hazardous chemicals under the Occupational Safety and Health Act of 1970, and regulations promulgated under that act, for which no previous material safety data sheets have been reported, as otherwise required under this act, shall provide material safety data sheets within three business days after receiving these hazardous chemicals on site. The material safety data sheets may be sent by personal delivery, by mail, by electronic mail, or by fax. For purposes of this section, material safety data sheets sent by mail are considered received as of the postmark date'."

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

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