A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-23-165 SO AS TO PROHIBIT AN AGENCY AUTHORIZED TO IMPLEMENT AND ENFORCE STATE AND FEDERAL ENVIRONMENTAL LAWS FROM ADOPTING A RULE FOR THE PROTECTION OF THE ENVIRONMENT OR NATURAL RESOURCES THAT IMPOSES A MORE RESTRICTIVE STANDARD, LIMITATION, OR REQUIREMENT THAN THOSE IMPOSED BY FEDERAL LAW OR RULE.

 

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

 

SECTION 1.  Chapter 23, Title 1 of the S.C. Code is amended by adding:

 

    Section 1-23-165.  (A) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless the adoption of the rule is required:

       (1) in response to a serious, unforeseen threat to the public health, safety, or welfare;

       (2) pursuant to an act of the General Assembly or United States Congress that expressly requires the agency to adopt rules;

       (3) as a change in federal or State budgetary policy;

       (4) pursuant to a federal regulation required by an act of the United States Congress to be adopted or administered by the State; or

       (5) pursuant to a court order.

 

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

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