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H. 4140
STATUS INFORMATION
Concurrent Resolution
Sponsors: Reps. Loftis, Clemmons, Davenport, Delleney, Duncan, Edge, Frye, Hardwick, Leach, Norman, Perry, M.A. Pitts, Sandifer, Viers and Witherspoon
Document Path: l:\council\bills\bbm\10891mm05.doc
Companion/Similar bill(s): 919
Introduced in the House on May 19, 2005
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Ocean and Coastal Resource Management Division
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/19/2005 House Introduced HJ-3
5/19/2005 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
ENCOURAGING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, OCEAN AND COASTAL RESOURCE MANAGEMENT DIVISION, TO COLLABORATE WITH STAKEHOLDERS IN THE REGULATION OF CONSTRUCTION OF BRIDGES TO SMALL ISLANDS IN THE COASTAL MARSH IN DEVELOPING AND PROPOSING PERMANENT REGULATIONS TO PROTECT THE COASTAL AND ENVIRONMENTAL RESOURCES.
Whereas, litigation by the Coastal Conservation League against the Department of Health and Environmental Control, Ocean and Coastal Resource Management Division, has resulted in the invalidation by the courts of the department's regulation on Access to Small Islands; and
Whereas, the Department of Health and Environmental Control, Ocean and Coastal Resource Management Division, has been studying the environmental impacts of bridges to small islands in the marsh for more than three years; and
Whereas, these studies included the Coastal Futures panel and the smaller Marsh Island Task Force, both involving large groups of stakeholders, including the Coastal Conservation League; and
Whereas, these studies, while finding reason to be concerned about construction of bridges to small islands in the marsh, have not resulted to date in the drafting of new rules regulating construction of bridges to small islands in the marsh; and
Whereas, another rule regulating construction of transportation facilities in the marsh is still on the books and offering protection for the environment when these transportation facilities are proposed to be constructed; and
Whereas, there is not presently a flood of applications for permits for bridges to small islands in the marsh, nor is there a history of numerous requests for such permits; and
Whereas, stakeholders have expressed a willingness to work to resolve the situation by participating in the drafting of regulations to replace those that were invalidated by the courts; and
Whereas, there does not appear to be an imminent threat to the public health, safety, and welfare. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Department of Health and Environmental Control, Ocean and Coastal Resource Management Division, and stakeholders are encouraged to develop replacement regulations as necessary to protect the state's vital coastal and environmental resources and forward them to the General Assembly for consideration; and
Be it further resolved that, in light of the lack of an imminent threat to the public health, safety, and welfare, the Department of Health and Environmental Control, Ocean and Coastal Resource Management Division, comply with the Administrative Procedures Act when developing regulations for Access to Small Islands and it is recommended that it not issue emergency regulations related to the construction of bridges to small islands in the marsh.
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