View Amendment Current Amendment: 1 to Bill 890 Rep. HIOTT proposes the following Amendment No. 1 to S. 890 (COUNCIL\BH\890C001.BH.VR14):

Reference is to Printer's Date [SEC 4/30/14 6:02 PM].

Amend the bill, as and if amended, SECTION 3, page 3, lines 6-13, by striking Section 48-39-280(A) and inserting:

/      (A)      A forty-year policy of retreat from the shoreline is established. The department must shall implement this policy and must utilize the best available scientific and historical data in the implementation. The department must shall establish a baseline which that parallels the shoreline for each standard erosion zone and each inlet erosion zone. Subject to Section 48-39-290(D), the baseline established pursuant to this section must not move seaward from its position on July 1, 2021.      /

Amend the bill further, as and if amended, SECTION 3, pages 4-5, by striking Section 48-39-280(C) and inserting:

/      (C)      The department, before July 3, 1991, must shall establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years but not more than every ten years after each preceding revision. Nothing in this section allows the seaward movement of the baseline after July 1, 2021. In the establishment and revision of the baseline and setback line, the department must shall transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department must shall hold one public hearing before establishing the final baseline and setback lines. Until the department establishes new baselines and setback lines, the existing baselines and setback lines must be used. The department may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.      /

Amend the bill further, as and if amended, page 8, by striking SECTION 5 and inserting:

/      SECTION      5.            A.            Section 48-39-290(B)(2) of the 1976 Code is amended by adding:

     "(f)      Subitem (b) does not apply to an existing erosion control device of at least four thousand contiguous linear feet that is located landward of an area which the department has granted a permit authorizing a renourishment project that does not qualify for public funding and the permit is active as of the date of the enactment of this provision. Subject to approval from the department, like material shall be utilized in the repairing, replacing, or rebuilding of the device unless the provisions of Section 48-39-320(C) are not met, and the footprint of the replacement device can be no more than two feet from the footprint of the original device."

B.            The provisions contained in this SECTION are repealed effective July 1, 2021.      /

Amend the bill further, as and if amended, page 9, by striking SECTION 8 and inserting:

/      SECTION      8.      Section 48-39-290(B)(2)(f) of the 1976 Code is repealed effective July 1, 2021.      /

Renumber sections to conform.
Amend title to conform.