South Carolina General Assembly
113th Session, 1999-2000

Download This Bill in Microsoft Word format

Bill 3741


                    Current Status

Bill Number:                      3741
Ratification Number:              311
Act Number:                       282
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990316
Primary Sponsor:                  Sharpe
All Sponsors:                     Sharpe, Wilkes and Davenport
Drafted Document Number:          l:\council\bills\psd\7291ac99.doc
Date Bill Passed both Bodies:     20000503
Date of Last Amendment:           20000419
Governor's Action:                S
Date of Governor's Action:        20000519
Subject:                          Environmental Emergency Fund Act, Health 
                                  and Environmental Control; Water and Sewer, 
                                  Conservation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000606  Act No. A282
------  20000519  Signed by Governor
------  20000516  Ratified R311
House   20000503  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20000426  Read third time, returned to House
                  with amendment
------  20000420  Scrivener's error corrected
Senate  20000420  Notice of general amendments, 
                  returned to second reading
                  Calendar
Senate  20000420  Reconsidered vote whereby
                  read third time
Senate  20000420  Read third time, returned to House
                  with amendment
Senate  20000419  Amended, read second time
Senate  20000413  Recalled from Committee,               13 SMA
                  placed on the Calendar
Senate  20000314  Introduced, read first time,           13 SMA
                  referred to Committee
House   20000310  Read third time, sent to Senate
House   20000309  Read second time, unanimous
                  consent for third reading on 
                  Friday, 20000310
House   20000309  Debate adjourned
House   20000308  Debate adjourned until
                  Thursday, 20000309
House   20000301  Committee report: Favorable            20 HANR
House   19990316  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill
Revised on March 1, 2000 - Word format
Revised on April 13, 2000 - Word format
Revised on April 19, 2000 - Word format
Revised on April 20, 2000 - Word format

View additional legislative information at the LPITS web site.


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

(A282, R311, H3741)

AN ACT TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND, TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO CONFORM TO THESE CHANGES, WHEN ECONOMICALLY AND PRACTICALLY FEASIBLE.

Whereas, the General Assembly finds that:

(1) Environmental emergencies occur which require immediate and comprehensive response from the State to deter pollution and protect the public's health.

(2) Existing response capabilities are limited and do not provide an instrument for exigencies that may require an immediate availability of funds for certain activities which do not fall into any existing program.

(3) The utilization of environmental penalties for such a fund represents a sound fiscal and conscientious use of limited funds for immediate threats to the environment and public health. Now, therefore,

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

Environmental Emergency Fund Act created

SECTION 1. Chapter 2, Title 48 of the 1976 Code is amended by adding:

"Article 3

Emergency Environmental Fund

Section 48-2-310. This article may be cited as the 'Environmental Emergency Fund Act'.

Section 48-2-320. As used in this article:

(1) 'Commissioner' means the Commissioner of the Department of Health and Environmental Control.

(2) 'Department' means the Department of Health and Environmental Control.

(3) 'Environmental Emergency' means a situation, to be determined by the commissioner, that constitutes an immediate threat to the environment or public health, or both, and providing immediate, but temporary relief to the situation may require the expenditure of funds to effect a solution, provide temporary relief, or retain the services of appropriate technical personnel or contractors.

(4) 'Fund' means the 'Environmental Emergency Fund' established pursuant to this article.

(5) 'Responsible party' means a person determined to be legally responsible for any environmental pollution or threat to public health which requires expenditures from the fund.

Section 48-2-330. (A) There is created within the Department of Health and Environmental Control a restricted account to be known as the Environmental Emergency Fund.

(B) The fund must be financed through the collection and deposit of fines and penalties levied by the department. However, a fine or penalty collected under any statute which provides explicitly for distribution of the fine or penalty, other than to the general fund including, but not limited to, those penalties distributed to the counties pursuant to Section 48-1-350, must not be deposited in the fund.

(C) Fines and penalties must be credited to the fund until the fund reaches two hundred fifty thousand dollars, at which time all subsequent fines and penalties must be deposited to the general fund or as otherwise prescribed by law. At no time shall the balance in the fund exceed two hundred fifty thousand dollars, and no more than two hundred fifty thousand dollars may be deposited to the fund in any fiscal year.

(D) Interest accruing to the fund must be remitted to the general

fund of the State.

Section 48-2-340. (A) The department, through the commissioner or the commissioner's designee, shall certify that funding for a specific emergency was necessary to protect the environment or public health, or both. Annually, the department shall prepare an independent accounting of all revenue in the fund. The report must be submitted to the chairman of the Board of the Department of Health and Environmental Control and must be made available to the public upon request.

(B) Nothing in this section precludes the department from seeking appropriate enforcement action, including civil penalties and recovery of costs expended from the fund, against a party determined to be responsible for the environmental emergency. Costs recovered pursuant to an enforcement action must be deposited in the fund in accordance with the limitation prescribed in Section 48-2-330."

Section designated as article; chapter renamed

SECTION 2. Sections 48-2-10 through 48-2-90 are designated as

Article 1, Chapter 2, Title 48 of the 1976 Code and entitled "Environmental Protection Fund". Chapter 2, Title 48 of the 1976 Code is renamed "Environmental Protection Funds".

References to be changed

SECTION 3. The Code Commissioner shall change all references in Article 1, Chapter 2, Title 48 of the 1976 Code, as designated in Section 2 of this act, from chapter to article and shall change other cross references from Chapter 2, Title 48 to Article 1, Chapter 2, Title 48 when these changes are economically and practically feasible.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 16th day of May, 2000.

Approved the 19th day of May, 2000.

__________


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