View Amendment Current Amendment: 54 to Bill 5100

S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

GODWIN/COHL

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 24, 2024

ADOPTEDTABLEDCARRIED OVERFAILEDRECONSIDERED

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5100  (Reference is to Printer's Date 04/23/24-H.)

04572000

 Senator SENN proposes the following amendment (5100R029.JG.SS.DOCX):

 Amend the bill, as and if amended, Part IB, Section 55, DEPARTMENT OF ENVIRONMENTAL SERVICES, page 428, proviso 55.25, line 35, by striking:

/ 55.25. (DES: Erosion Control) The department shall review all enforcement actions related to violations of Section 48-39-290(B)(2) for Previous erosion control devices erected in whole or in part after May 3, 2018. The review shall compare the outcome of the enforcement action to the likely outcome of the enforcement action based upon the new baseline and setback line established by Section 48-39-285. The department shall notify affected property owners of the results of the review. Upon request by an affected property owner, the department shall initiate a new enforcement action applying the new baseline and setback line established by Section 48-39-285. The results of the new enforcement action may be challenged and appealed by the property owner in the manner provided by law. If the affected property owner prevails in the new enforcement action then the department shall compensate the property owner for all costs incurred to defend the original and new enforcement actions, penalties levied, and costs incurred by the property owner to remedy the original violation. /

 

 Amend sections, totals and title to conform.