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S. 172
STATUS INFORMATION
General Bill
Sponsors: Senators Leventis and Ford
Document Path: l:\council\bills\nbd\11073ac05.doc
Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Medical Affairs
Summary: DHEC to develop strategy for preserving and protecting the environment and public health
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/15/2004 Senate Prefiled 12/15/2004 Senate Referred to Committee on Medical Affairs 1/11/2005 Senate Introduced and read first time SJ-164 1/11/2005 Senate Referred to Committee on Medical Affairs SJ-164
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-25 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A LONG RANGE STRATEGY FOR PRESERVING AND PROTECTING THE ENVIRONMENT AND PUBLIC HEALTH, TO REQUIRE THE DEPARTMENT TO CERTIFY THAT EVERY MAJOR ENVIRONMENTAL PERMITTING ACTION IS CONSISTENT WITH THIS STRATEGY AND OTHER STATE AND LOCAL PLANS, AND TO EVALUATE THE IMPACT OF THE ACTION ON THE ENVIRONMENT AND ON LOW-INCOME AND MINORITY PERSONS; TO AMEND SECTION 44-1-20, RELATING TO THE CREATION OF THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PRESCRIBE CERTAIN FACTORS THAT MUST BE CONSIDERED IN APPOINTING MEMBERS TO THE BOARD; AND TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT UNDER THE POLLUTION CONTROL ACT, SO AS TO AUTHORIZE THE DEPARTMENT TO REVIEW AND CONSIDER THE PAST ENVIRONMENTAL COMPLIANCE HISTORY OF AN APPLICANT WHEN MAKING A PERMIT DECISION AND TO CONSIDER REPEAT VIOLATIONS WHEN DETERMINING COMPLIANCE AND ENFORCEMENT PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-25. (A) In order to promote the protection of the environment, the department shall develop and implement a long range strategy for preserving and protecting the environment and public health for future use, recognizing the need to plan for sustainable development. The long range strategy must include, but is not limited to, an assessment of the quality of the environment, environmental protection goals and objectives, and a plan of action to achieve these goals and objectives. The plan must be developed through public participation and in consultation with state agencies exercising jurisdiction over natural resources. The department in developing this long range strategy, must make every effort to utilize, not duplicate, and properly reference existing information that may be developed and provided by other entities for planning purposes. This plan must be revised every five years. In developing this long range strategy the department may:
(1) evaluate those resources under the department's jurisdiction in terms of their quality, quantity, and capability for use now and in the future;
(2) cooperate with other government agencies in an inventory and designation of areas of critical state concern that are significant natural environmental, industrial, and recreational areas;
(3) establish broad guidelines for programs under the department's jurisdiction on priority of uses in critical areas;
(4) provide for a review process of the long range strategy plan that involves local, regional, state and federal agencies, and the public;
(5) conduct other studies and surveys as may be required, in formulating the plan; and
(6) devise a method by which the permitting process will be streamlined and simplified so as to avoid duplication.
(B) For every major environmental permitting action, the department shall certify that the permitted activity or project is consistent with the department's long range strategy as provided for in subsection (A).
(C) For every major environmental permitting action, the department may:
(1) evaluate the potential for cumulative and secondary environmental impacts of the permitted activity or project;
(2) consider whether the permitted activity or project would disproportionately impact low-income and minority persons;
(3) require the applicant for any permit to certify consistency with local plans and ordinances; and
(4) require an applicant to demonstrate consistency with relevant state plans as applicable.
(D) The department shall promote public participation in its decision making process by providing timely and effective public notification of the receipt of environmental permit applications by such means as may be determined by the department. The department may require a permit applicant to notify affected members of the public utilizing, but not limited to, the following methods:
(1) publishing a notice of receipt of a permit application in a local paper;
(2) posting a notice in the area of a permitted activity;
(3) contacting nonprofit and civic organizations in the area of the permitted activity;
(4) mailing written notice to resident and property owners in the area of the permitted activity or project; and
(5) mailing written notice to persons and organizations request notification by the department of environmental permit applications.
(E) The department shall promulgate regulations to implement this section."
SECTION 2. Section 44-1-20 of the 1976 Code is amended to read:
"Section 44-1-20. There is hereby created the South Carolina Department of Health and Environmental Control which shall be administered under the supervision of the South Carolina Board of Health and Environmental Control. The board shall consist of seven members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The member who is appointed at large shall serve as the chairman of the board. The Governor may remove the chairman of the board pursuant to Section 1-3-240(B); however, the Governor may only remove the other board members pursuant to Section 1-3-240(C). The terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, three shall be appointed for two years and four shall be appointed for four years. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. In making these appointments, consideration must be given to whether the person has:
(1) demonstrated commitment to the mission of the department; and
(2) training and experience:
(a) as a health care provider;
(b) in health care financing;
(c) health care insurance;
(d) as a health care consumer advocate; or
(e) in one or more of the following disciplines: the natural sciences, the health effects of environmental pollution, toxicology, epidemiology, environmental law, water and air pollution control, ecology, environmental engineering, geology, hydrogeology, hydrology, marine biology, or environmental conservation. Race, gender, and other demographic factors should also must be considered to ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed."
SECTION 3. Section 48-1-50 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) The department may review and consider the environmental compliance history of an applicant or person in making a determination to issue, reissue, deny, revoke, modify, or suspend a permit or interim status, prohibit the transfer of a permit or the transfer or achievement of interim status, or prohibit a change in ownership or controlling interest in an existing facility. The department may also consider repeat violation when determining compliance and enforcement policies."
SECTION 4. This act takes effect upon approval by the Governor.
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