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COMMITTEE REPORT
May 21, 2008
H. 5029
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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