South Carolina General Assembly
125th Session, 2023-2024
Bill 1061
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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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