S*1263(Rat #0328, Act #0307 of 2006)  General Bill, By Ritchie, Peeler and 
Martin

Similar(H 4854)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
 CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS
 FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE
 REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS
 APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC
 AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN
 EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS
 APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND. -
 ratified title

   03/21/06  Senate Introduced and read first time SJ-3
   03/21/06  Senate Referred to Committee on Medical Affairs SJ-3
   03/23/06  Senate Committee report: Favorable Medical Affairs SJ-6
   03/28/06  Senate Read second time SJ-18
   03/29/06  Senate Read third time and sent to House SJ-20
   03/30/06  House  Introduced and read first time HJ-11
   03/30/06  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-12
   05/11/06  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   05/18/06  House  Read second time HJ-33
   05/18/06  House  Unanimous consent for third reading on next
                     legislative day HJ-34
   05/19/06  House  Read third time and enrolled HJ-1
   05/23/06         Ratified R 328
   05/24/06         Signed By Governor
   05/31/06         Copies available
   05/31/06         Effective date 05/24/06
   06/08/06         Act No. 307

(A307, R328, S1263)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND.

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

Voluntary Application Expedited Review Program established; pilot program; fees; fund established

SECTION    1.    Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-165.    (A)    There is established within the Department of Health and Environmental Control the Expedited Review Program to provide an expedited process for permit application review. Participation in this program is voluntary and the program must be supported by expedited review fees promulgated in regulation pursuant to subsection (B)(1). The department shall determine the project applications to review, and the process may be applied to any one or all of the permit programs administered by the department.

(B)(1)    Before January 1, 2009, the department shall promulgate regulations necessary to carry out the provisions of this section. The regulations shall include, but are not limited to, definitions of 'completeness' for applications submitted, consideration of joint federal-state permitting activities, standards for applications submitted that advance environmental protection, and expedited process application review fees.

(2)    Regulations promulgated pursuant to this section must not alter public notice requirements for any permits, certifications, or licenses issued by the department.

(C)    Until such time as regulations are promulgated pursuant to subsection (B), the department shall conduct a pilot expedited review program to determine the most environmentally sound, cost efficient, and economically beneficial process for implementation of a statewide expedited review program. The department shall determine which permit programs, or subcomponents of a program, to include in the pilot program and also may establish pilot program expedited process application fees.

(D)    There is created the Expedited Review Fund that is separate and distinct from the general fund of the State and all other funds. Fees established in regulation pursuant to subsection (B)(1) and assessed pursuant to subsection (C) must be credited to the fund and used for the costs of implementing the expedited review program. Interest accruing to the fund must be retained by the fund and used for the same purposes. Revenue in the fund not expended during a fiscal year, including fees generated pursuant to subsection (C), must be carried forward to the succeeding fiscal year and must be used for the same purposes.

(E)    No later than January 1, 2008, the department shall report to the Board of Health and Environmental Control the department's findings on the implementation of the pilot expedited review program provided for in subsection (C)."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 23rd day of May, 2006.

Approved the 24th day of May, 2006.