Bill 1275

                    Current Status

Bill Number:               1275
Ratification Number:       595
Act Number                 498
Introducing Body:          Senate
Subject:                   South Carolina Aquatic Plant Management
                           Program

(A498, R595, S1275)

AN ACT TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.

Whereas, the surface waters of South Carolina are an invaluable natural resource which contributes to the benefit of all citizens of the State; and

Whereas, undesirable aquatic plants are a significant water resource problem which, if not properly managed, threatens the protection and utilization of the state's surface waters; and

Whereas, the management of nuisance aquatic plants is an ongoing process requiring continuous planning, coordination, and implementation of control and research activities; and

Whereas, the Aquatic Plant Management Council was first established in 1980 by Executive Order 80-38 as amended by Executive Order 82-40; and

Whereas, since 1980, the Water Resources Commission has provided primary staff support to the council and has administered aquatic plant management program operations and funding; and

Whereas, the commission and council together have been effective in coordinating the management of nuisance aquatic plants in public waters; and

Whereas, aquatic plant management activities have become more complex and funding needs have increased substantially since the council was first established; and

Whereas, the management of aquatic plants requires the receipt and expenditure of various public and private funds, especially during the beginning and end of state fiscal years; and

Whereas, the Legislative Audit Council in a recent review of the Water Resources Commission recommended that the General Assembly consider establishing a trust fund to be administered by the commission for the state's Aquatic Plant Management Program; and

Whereas, the best interest of the State will be served by establishing the program through legislation and creating the Aquatic Plant Management Trust Fund. Now, therefore,

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

South Carolina Aquatic Plant Management Program

SECTION 1. Title 49 of the 1976 Code is amended by adding:

Section 49-6-10. There is hereby created the South Carolina Aquatic Plant Management Program for the purpose of preventing, identifying, investigating, managing, and monitoring aquatic plant problems in public waters of South Carolina. The program will coordinate the receipt and distribution of available federal, state, and local funds for aquatic plant management activities and research in public waters.

The Water Resources Commission is designated as the state agency to administer the Aquatic Plant Management Program and to apply for and receive grants and loans from the federal government or such other public and private sources as may be available for the Aquatic Plant Management Program and to coordinate the expenditure of such funds.

Section 49-6-20. There is created the South Carolina Aquatic Plant Management Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the Water Resources Commission for the purpose of receiving and expending funds for the prevention, management, and research of aquatic plant problems in public waters of South Carolina. Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes specified above. The fund shall be subject to annual audit by the Office of the State Auditor.

The fund is eligible to receive appropriations of state general funds, federal funds, local government funds, and funds from private entities including donations, grants, loans, gifts, bond issues, receipts, securities, and other monetary instruments of value. All reimbursements for monies expended from this fund must be deposited in this fund.

Section 49-6-30. There is hereby established the South Carolina Aquatic Plant Management Council, hereinafter referred to as the council, which shall be composed of ten members as follows:

1. The council shall include one representative from each of the following agencies, to be appointed by the chief executive officer of each agency:

(a) South Carolina Water Resources Commission;

(b) South Carolina Department of Health and Environmental Control;

(c) South Carolina Wildlife and Marine Resources Department;

(d) South Carolina Department of Agriculture;

(e) South Carolina Coastal Council;

(f) South Carolina Public Service Authority;

(g) South Carolina Land Resources Conservation Commission;

(h) South Carolina Department of Parks, Recreation and Tourism;

(i) Clemson University, Department of Fertilizer and Pesticide Control.

2. The council shall include one representative from the Governor's Office, to be appointed by the Governor.

3. The representative of the South Carolina Water Resources Commission shall serve as chairman of the council and shall be a voting member of the council.

The council shall provide interagency coordination and serve as the principal advisory body to the commission on all aspects of aquatic plant management and research. The council shall establish management policies, approve all management plans, and advise the commission on research priorities.

Section 49-6-40. The commission, with advice and assistance from the council, shall develop an Aquatic Plant Management Plan for the State of South Carolina. The plan shall describe the procedures for problem site identification and analysis, selection of control methods, operational program development, and implementation of operational strategies. The plan shall also identify problem areas, prescribe management practices, and set management priorities. The plan shall be updated and amended at appropriate intervals as necessary; provided, however, problem site identification and allocation of funding shall be conducted annually. In addition, the commission shall establish procedures for public input into the plan and its amendments and priorities. The public review procedures shall be an integral part of the plan development process. When deemed appropriate, the commission may seek the advice and counsel of persons and organizations from the private, public, or academic sectors.

The council shall review and approve all plans and amendments. Approval shall consist of a two-thirds vote of the members present. The Water Resources Commission shall have final approval authority over those sections which do not receive two-thirds approval of the council."

Agency cooperation requested

SECTION 2. In furtherance of the purpose of this act, state agencies are requested to cooperate with the commission in the development and implementation of the Aquatic Plant Management Plan.

Time effective

SECTION 3. This act shall take effect upon approval of the Governor.

Approved the 29th day of May, 1990.