A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 49-11-500 SO AS TO ESTABLISH THE LAKE CONESTEE DAM AUTHORITY; BY ADDING SECTION 49-11-510 SO AS TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY; AND BY ADDING SECTION 49-11-520 SO AS TO PROVIDE FOR THE DUTIES OF THE AUTHORITY.

 

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

 

SECTION 1.  Chapter 11, Title 49 of the S.C. Code is amended by adding:

 

Article 5

 

Lake Conestee Dam Authority

 

    Section 49-11-500. There is hereby created the Lake Conestee Dam Authority. The authority is a body corporate and politic of perpetual succession.

 

    Section 49-11-510. (A) The authority shall be comprised of a board with three trustees: one person who is a resident of Laurens County, one person who is a resident of Greenwood County, and one person who is a resident of Greenville County, all of whom shall be appointed by the members of the legislative delegation representing the county from which the member shall be appointed. The authority shall meet as necessary to perform its duties under this article, but in any event no less than once annually, on such a date and time as determined by the board. A supplemental or special meeting of the authority shall be called upon the request of at least two members.

    (B) Terms of elected trustees are for three years, with one expiring each year, except for the initial terms, which shall be staggered terms of one year, two years, and three years as determined by the legislative delegation. An elected trustee may not serve more than two consecutive three-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment. A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of a trustee.

    (C) A trustee may not receive a salary for services as a trustee; however, a trustee must be reimbursed for actual expenses incurred in service to the authority, including subsistence and a per diem.

    (D) The board annually shall submit a report to the General Assembly including information on all acts of the board of trustees and full information regarding the work of the authority.

    (E) For at least the first year, and for such additional terms as the board deems necessary, the board may hire an executive director who has administrative responsibility for implementing the board's directives and managing the authority's assets. The executive director shall maintain, through a designated agent, accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The executive director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation.

 

    Section 49-11-520. (A) After completion of construction of the replacement dam, as well as modifications to the historic dam and the associated appurtenances, and upon transfer from the Lake Conestee Dam Restoration Project, the authority shall assume ownership of the dam and its associated assets. Upon assumption of ownership of the dam, the authority must monitor the dam's condition to ensure that the dam is in good repair and operating condition and comply with the relevant statutory and regulatory requirements applicable to the dam, including, but not limited to, the conditions contained in the dam's operating permit. If the authority, or any regulatory authority with jurisdiction over the dam, determines that the dam is unsafe and a danger to life or property, then the authority must notify the governing bodies of Laurens County, Greenwood County, and Greenville County and notify the Department of Environmental Services pursuant to Section 49-11-170. The governing bodies of the three counties must work together with the authority to take such action as is necessary to bring the dam back into good repair and operating condition.

    (B) The authority shall ensure that the Department of Environmental Services timely inspects the dam as provided in Article 3. If the department issues an order pursuant to Section 49-11-160 or Section 49-11-190, then the governing bodies of the three counties must work together with the authority to take such action as is necessary to take remedial action to correct deficiencies identified in the order.

 

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

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