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H. 4456

STATUS INFORMATION

General Bill
Sponsors: Reps. Vaughn and Altman
Document Path: l:\council\bills\nbd\11955ac04.doc

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Ways and Means

Summary: Pollution Control Act, fees from penalties

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2003  House   Prefiled
  12/10/2003  House   Referred to Committee on Ways and Means
   1/13/2004  House   Introduced and read first time HJ-81
   1/13/2004  House   Referred to Committee on Ways and Means HJ-81

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/10/2003

TO AMEND SECTION 48-1-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES COLLECTED UNDER THE POLLUTION CONTROL ACT, SO AS TO REQUIRE COUNTIES RECEIVING THESE FUNDS TO EXPEND THEM FOR ENVIRONMENTAL EMERGENCIES AND REMEDIATION AND TO PROVIDE FOR THE TRACKING OF THESE RECEIPTS AND EXPENDITURES; TO AMEND SECTION 48-2-330, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, SO AS TO REQUIRE THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, TO ESTABLISH A SEVEN HUNDRED AND FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND TO PROVIDE FOR USE OF THESE FUNDS; AND TO ADD SECTION 48-2-350 SO AS TO PROVIDE COMPLIANCE ASSISTANCE TO THE REGULATED COMMUNITY ON AN AS-NEEDED BASIS.

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

SECTION    1.    Section 48-1-350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:

"Section 48-1-350.    All penalties assessed under this chapter are held as a debt payable to the State by the person against whom they have been charged and constitute a lien against the property of the person. One-half of the civil penalties collected inure to the benefit of the county. Counties receiving funds from the State Treasurer under this section shall dedicate the use of these funds for environmental emergencies or for the remediation of environmental damage that may be present in the county. In addition, each county shall establish a separate accounting for these funds to track their use and to be made available upon request. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205."

SECTION    2.    Section 48-2-320 of the 1976 Code, as added by Act 282 of 2000, is amended by adding at the end:

"(6)    'Compliance Assistance' means activities, tools, or technical assistance that provide clear and consistent information for:

(a)    helping regulated entities understand and meet obligations under environmental regulations;

(b)    providing on-site technical assistance;

(c)    developing cost-effective means for compliance or the ability to go 'beyond compliance' through the use of pollution prevention, more efficient management practices, innovative technologies, or other means as may be developed by the department."

SECTION    3.    Section 48-2-330(C) of the 1976 Code, as added by Act 282 of 2000, is amended to read:

"(C)    Fines and penalties must be credited to the fund until the fund reaches two hundred seven 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 may the balance in the fund exceed two hundred seven hundred fifty thousand dollars, and no more than two hundred seven hundred fifty thousand dollars may be deposited to the fund in any fiscal year."

SECTION    4.    Chapter 2, Title 48 of the 1976 Code is amended by adding:

"Section 48-2-350.    (A)    The department may expend up to but not exceeding two hundred fifty thousand dollars of the fund each fiscal year to offer compliance assistance to the regulated community and to provide for the protection of the environment and public health.

(B)    The department shall document the disbursement of funds expended pursuant to subsection (A) in accordance with the reporting requirements of Section 48-2-340(A)."

SECTION    5.    This act takes effect upon approval by the Governor.

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