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Current Status Bill Number:View additional legislative information at the LPITS web site.688 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990407 Primary Sponsor:Leventis All Sponsors:Leventis Drafted Document Number:l:\council\bills\psd\7294ac99.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Date of Last Amendment:20000229 Subject:Drought Response Act of 1985, drought indices revised; Water and Sewer, Conservation, Natural Resources History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000301 Introduced, read first time, 20 HANR referred to Committee ------ 20000301 Scrivener's error corrected Senate 20000229 Amended, read third time, sent to House Senate 20000209 Read second time Senate 20000209 Committee amendment amended and adopted Senate 20000208 Committee report: Favorable with 01 SANR amendment Senate 19990407 Introduced, read first time, 01 SANR referred to Committee Versions of This Bill Revised on February 8, 2000 - Word format Revised on February 9, 2000 - Word format Revised on February 29, 2000 - Word format Revised on March 1, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
February 29, 2000
S. 688
S. Printed 2/29/00--S. [SEC 3/1/00 2:12 PM]
Read the first time April 7, 1999.
TO AMEND CHAPTER 23, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DROUGHT RESPONSE ACT OF 1985, SO AS TO REVISE THE DROUGHT INDICES, TO REVISE REQUIREMENTS FOR PROVIDING NOTICE OF A DROUGHT TO THE MEDIA, TO REVISE APPOINTMENT PROCEDURES FOR MEMBERS APPOINTED TO LOCAL COMMITTEES IN EACH DROUGHT MANAGEMENT AREA, TO PROVIDE FOR CURTAILMENT OF WATER WITHDRAWALS, AND TO REVISE STANDARDS TO BE USED TO EVALUATE WHICH WATER WITHDRAWALS MUST BE CURTAILED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 23, Title 49 of the 1976 Code is amended to read:
Section 49-23-10. This chapter may be cited as the South Carolina Drought Response Act of 1985.
Section 49-23-20. As used in this chapter:
(a) 'Department' means the Department of Natural Resources.
(b) 'Conservation' means a reduction in usage of water, to minimize or prevent depletion or waste of the water resource.
(c) 'Drought Response Committee' means the committee created under Section 49-23-50 49-23-60 to be convened to address drought related problems and responses.
(d) 'Office of primary responsibility' means the Department of Natural Resources.
(e) 'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or any other another state or country.
(f) 'Drought' means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State.
(f)(g) 'Water resources' means any and all water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground.
(g)(h) 'Diffused surface water' means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies.
(i) `Drought indices' means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, and sustained decline in potable drinking water supplies.
(h)(j) 'Incipient drought' means that there is a significant threat of a drought as indicated demonstrated by a Palmer Index of -0.50 to -1.49 drought indices. The incipient drought phase will shall initiate inhouse mobilization by department personnel and the Drought Response Committee. The State Climatology Office, which department shall routinely monitors monitor the climatic variables, streamflow, and water level in potable drinking water supplies and water levels in the above and below ground water tables and lakes, will inform those agencies on the notification list and shall notify the Drought Response Committee and relevant federal, state, and local agencies that a portion of the State is experiencing an incipient drought condition. The department will must increase monitoring activities to identify any a change in existing conditions.
(i) (k) 'Moderate drought' exists when the Palmer Index reaches the -1.50 to -2.99 range and, moderate drought conditions have developed as verified by other means means that there is an increasing threat of a drought as demonstrated by drought indices. If conditions indicate that this situation will persist, Statements will must be released to the news media by the State Climatologist department, and appropriate agencies will must accelerate monitoring activities.
(j) (l) 'Severe drought' exists when the Palmer Index reaches the -3.00 to -3.99 range and, severe drought conditions are verified by other means means that the drought has increased to severe levels as demonstrated by drought indices. This phase will must be verified utilizing data, forecasts, and outlooks from various agencies in conjunction with National Weather Service forecasts and routinely monitored data. A drought of this severity will normally require requires an official declaration by the department and water-use water withdrawals and use restrictions.
(k)(m) 'Extreme drought' exists when the Palmer Index reaches or falls below -4.00 and, extreme drought conditions are verified by other means means that the drought has increased to extreme levels as demonstrated by drought indices. The State Climatology Office department will shall continue to evaluate information from various sources. Upon confirmation of an Extreme Drought Alert Phase, the Drought Response Committee may recommend that the Governor issue a public statement that an extreme drought situation exists and that appropriate water-use mandatory water withdrawal and use restrictions be imposed.
(l)(n) 'Board' means the governing authority of the Department of Natural Resources.
Section 49-23-30. The department shall formulate, coordinate, and execute a comprehensive drought response mitigation plan. The plan must be developed consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49) to the extent that the plan is compatible with the comprehensive state water resources policy. In carrying out these responsibilities, the department shall seek and utilize to the extent possible the input, resources, and expertise of other state agencies capable of in assisting in drought mitigation planning and response.
Section 49-23-40. This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water from any pond completely situated on private property and fed only by diffused surface water. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-10. The drought response plan shall apply applies to every person using water in this State.
Section 49-23-50. Consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49), the department, without limiting its general authority, may shall:
(a) routinely monitor and record climatic and other data necessary for the determination of drought conditions;
(b) make investigations it considers proper to determine whether action by the department in discharging its duties is necessary;
(c) determine levels of drought based upon data collected;
(d) establish drought management areas within the State in order to:
(1) enable drought response mitigation to be accomplished within defined geographical areas;
(2) prevent overly broad response to drought. Statewide action usually should not be taken in instances in which action in a particular area experiencing drought is more appropriate. Establishment of drought management areas by the department in no way limits the department's or the Drought Response Committee's authority to act in an area smaller than a drought management area, such as a county;
(e) establish drought alert phases based upon drought levels and provide the following kinds of notice of at each drought alert phase:
(1) The department shall notify public water suppliers, special purpose districts, and municipal and county governments in the affected drought management area, persons designated on notification lists, and other appropriate agencies and individuals.;
(2) The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase.;
(3) The department may take any other action appropriate to announce a drought alert.;
(f) coordinate and implement responses to announced drought alert phases after required notification;
(g) execute the regulations promulgated by the department reasonably necessary to collect and distribute information, convene committees, promote water conservation, govern practice and procedure before the department, and to fulfill its duties and the purposes of this chapter.
Section 49-23-60. (a)(A) The department shall coordinate appropriate drought response upon consultation with a the Drought Response Committee. The Drought Response Committee which is composed of two parts, as follows:
(1) A a statewide committee composed of the following state agencies: South Carolina Preparedness Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources.;
(2) A a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor on the recommendation of the legislative delegations from each of the drought management areas with the advice and consent of the Senate to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, and commissions of public works, and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor on the recommendation of the legislative delegations from each of the drought management areas may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response within each drought management area only upon consultation with the appropriate local committee in the impacted drought management area. The department shall chair the Drought Response Committee and provide administrative support.
(b)(B) The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, industries, special purpose districts, private citizens, and commissions of public works in affected drought management areas and by providing notice to the media in each drought management area.
(c)(C) The department may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter.
Section 49-23-70. (a)(A) Upon the inception of a drought alert phase, the department is responsible for disseminating public information concerning all aspects of the drought. The initial action in responding to drought must be public notification and education, providing information as to existing and potential conditions and water conservation measures necessary to meet the demand presented at each drought alert phase.
(b)(B) The department shall provide available information on water demands and use to any significant water user, public or private, in order to promote voluntary water conservation.
(c)(C) The department may promulgate regulations to specify categories of nonessential water use. Water used strictly for ensure adequate supplies of water in drought management area for human consumption, firefighting purposes, health and medical saftey purposes, maintaining instream flow, minimum streamflow requirements, and the use of water to satisfy federal, state, or local public health and safety requirements is considered essential water use and minimum water levels in the potable drinking water supplies and the above and below ground water tables. The department by regulation may promulgate regulations to provide for the mandatory curtailment of nonessential water uses and withdrawals during periods of severe or and extreme drought in drought management areas. Mandatory Curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. and upon such a finding declaration, the Drought Response Committee shall determine which categories of nonessential water use uses and withdrawals must be curtailed after reviewing each category use and withdrawal by the following standards:
(1) the purpose of the withdrawal and use,;
(2) the suitability of the withdrawal and use to the watercourse, lake, or aquifer, water source;
(3) the economic value of the withdrawal and use,;
(4) the social value of the withdrawal and use,;
(5) the extent and amount of the harm it causes, the biological impacts of withdrawal;
(6) the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other. the practicality of alternate withdrawals,;
(7) the practicality of adjusting the quantity of water withdrawals used by each proprietor,;
(8) the protection of existing values of water uses, land, investments, and enterprises, continuance of water withdrawals for economic priorities;
(9) the consumptive or nonconsumptive nature of the use impacts on essential public safety and health.
Following such a determination by the Drought Response Committee, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use mitigation procedures, including water withdrawals and uses to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any A person adversely affected by mitigation or mandatory curtailment may of withdrawal and use, within ten days after such the curtailment becomes effective, may submit appropriate information to the department and may obtain relief therefrom as is appropriate. Any A declaration shall continue in effect only so long as conditions in any a drought management area reasonably require it, and the declaration shall must be terminated by action of either the Drought Response Committee or the department, and notice of termination of the declaration must be given as when originally issued soon as practicable. In the event that If a declaration issued pursuant to this section conflicts with any ordinance or plan adopted pursuant to Section 49-23-80, the declaration shall supersede any ordinance or plan.
(d)(D) During any a drought alert phase, the department may offer its services to mediate any dispute arising from competing demands for water. The mediation may be undertaken only upon the request of the parties involved and may not be binding. Any A mediation shall does not stop or preclude the department and the Drought Response Committee from taking any other action authorized by this chapter. A party affected by a declaration of the Drought Response Committee has the right to appeal that action to the Administrative Law Judge Division. The appeal must be filed within five days of the declaration. The filing of an appeal operates as an immediate stay of the declaration of the Drought Response Committee as it affects the appellant. A review of the immediate stay must be heard by the Administrative Law Judge Division within five days of the filing of the notice of appeal with the Administrative Law Judge Division. All issues under appeal must be heard as a contested case pursuant to the provisions of the Administrative Procedures Act and the rules of the Administrative Law Judge Division.
Section 49-23-80. In the event If the Drought Response Committee determines that drought the severity of the conditions in any a drought management area have progressed to the extent that the safety, or security, health, or welfare of the citizens of the area are threatened, the committee shall expeditiously report the conditions to the Governor. The committee shall also present the Governor with a priority list of recommended actions designed to alleviate the effects of drought conditions in affected drought management areas. Pursuant to the authority in Section 21 of Part II of Act 199 of 1979, the Governor may declare a drought emergency. In addition to exercising existing authority pursuant to Section 21 of Part II of Act 199 of 1979, the Governor may issue emergency proclamations and emergency regulations to require mandatory curtailment of water use withdrawals or to allocate water on an equitable basis. Notwithstanding any provisions of Section 21 of Part II of Act 199 of 1979, emergency action ordered by the Governor in response to a drought emergency may continue so long as conditions giving rise to the declaration of the emergency continue to threaten safety, or security, health, or welfare.
Section 49-23-90. (a)(A) Municipalities, counties, public service districts, special purpose districts, and commissions of public works engaged in the business or activity of supplying water for any purpose shall develop and implement drought response ordinances, or plans where authority to enact ordinances does not exist. The ordinances or plans must be consistent with the State Drought Response Plan, implemented through the regulations adopted pursuant to this chapter. Within six months of approval by the General Assembly of regulations promulgated to implement this chapter, The department shall prepare and distribute a model drought response ordinance or ordinances plan.
(b)(B) Local drought ordinances or plans must be adopted within eighteen months of the approval by the General Assembly of regulations adopted pursuant to this chapter; but any A proposed ordinance or plan must or a change to an ordinance or plan first must be submitted to the department for review to determine consistency with the State Drought Response Plan.
Section 49-23-100. (a)(A) Any A person violating any a provision of this act chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor and not more than one thousand dollars for each violation. In addition, if any a person is adjudged to have committed the violation wilfully, the court may determine that each day during which the violation continued constitutes a separate offense.
(b)(B) In addition, upon violation of any of the provisions of this chapter, or the regulations of the department, the director may, either before or after the institution of criminal proceedings, may institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of the chapter."
SECTION 2. This act takes effect upon approval by the Governor.
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