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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Witherspoon and Loftis
Document Path: l:\council\bills\gm\24178ab08.doc
Introduced in the House on April 16, 2008
Introduced in the Senate on May 29, 2008
Currently residing in the Senate Committee on Agriculture and Natural Resources
Summary: Coastal Zone Management Plan
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/16/2008 House Introduced HJ-6 4/16/2008 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-6 4/16/2008 House Recalled from Committee on Agriculture, Natural Resources and Environmental Affairs HJ-35 4/17/2008 House Debate adjourned until Tuesday, April 22, 2008 HJ-84 4/22/2008 House Recommitted to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-86 5/21/2008 House Committee report: Favorable Agriculture, Natural Resources and Environmental Affairs HJ-7 5/28/2008 House Adopted, sent to Senate HJ-203 5/29/2008 Senate Introduced SJ-14 5/29/2008 Senate Referred to Committee on Agriculture and Natural Resources SJ-14
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
May 21, 2008
S. Printed 5/21/08--H.
Read the first time April 16, 2008.
To whom was referred a Concurrent Resolution (H. 5029) to request that the Department of Health and Environmental Control undertake the actions prescribed and required by the South Carolina Administrative Procedures Act to promulgate, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
WILLIAM D. WITHERSPOON for Committee.
TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.
Whereas, the Coastal Zone is important to the social, environmental, and economic well being of the citizens of South Carolina; and
Whereas, the environmental regulation of the natural resources of this geographic region affects the social, environmental, and economic interest of all South Carolinians; and
Whereas, certain activities important to the South Carolina economy may have direct and significant impact upon coastal waters; and
Whereas, questions persist as to the enforceability of the policies contained in the South Carolina Coastal Zone Management Plan; and
Whereas, South Carolina's citizens deserve to know if requirements imposed upon them by State agencies are lawful; and
Whereas, Section 1-23-10 of the 1976 Code of Laws of South Carolina requires that for state agency policies to be enforceable they must be promulgated as regulations pursuant to the South Carolina Administrative Procedures Act; and
Whereas, these Coastal Zone Management policies were formulated over thirty years ago but were never promulgated as regulations; and
Whereas, these policies are due a thorough review by a significant number of stakeholders in the Coastal Zone, South Carolina, and the nation; and
Whereas, streamlining the environmental permitting process in the Coastal Zone, especially as it relates to overlapping programs within the Department of Health and Environmental Control and its often overlapping jurisdiction with the United States Army Corps of Engineers, should be a primary objective of this review process. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request that the Department of Health and Environmental Control undertake the actions prescribed and required by the South Carolina Administrative Procedures Act to promulgate, as regulations, those policies of the South Carolina Coastal Zone Management Plan that are both relevant and appropriate.
Be it further resolved that a copy of this resolution be forwarded to the chairman of the board and to the commissioner of the Department of Health and Environmental Control.
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