South Carolina Senate Bill 452 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 18-11)
Status: Passed on July 8 2010 - 100% progression
Action: 2010-07-08 - Act No. 247

AN ACT TO AMEND CHAPTER 4, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT", SO AS TO CHANGE THE NAME TO THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL, PERMITTING, USE, AND REPORTING ACT"; TO REVISE AND ADD DEFINITIONS OF TERMS USED IN THIS ACT; TO PROVIDE THAT, SUBJECT TO CERTAIN EXCEPTIONS, SURFACE WATER WITHDRAWALS MUST BE MADE PURSUANT TO A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE EXEMPTIONS FROM PERMITTING, REGISTERING, AND REPORTING FOR SPECIFIED USES OF SUCH WITHDRAWALS; TO REQUIRE AGRICULTURAL SURFACE WATER WITHDRAWERS TO REGISTER THEIR SURFACE WATER USE WITH THE DEPARTMENT AND TO GRANDFATHER CURRENTLY REGISTERED WITHDRAWERS AT THEIR AUTHORIZED QUANTITY; TO PROVIDE FOR NONCONSUMPTIVE SURFACE WATER WITHDRAWAL PERMITS; TO PROVIDE FOR SURFACE WATER WITHDRAWAL PERMITS FOR WITHDRAWERS THAT OWN AND OPERATE A LICENSED IMPOUNDMENT; TO REQUIRE PERMITTED AND REGISTERED SURFACE WATER WITHDRAWERS TO REPORT ANNUALLY TO THE DEPARTMENT THE QUANTITY OF WATER WITHDRAWN; TO PROVIDE THAT REGISTERED AND EXEMPT SURFACE WATER WITHDRAWERS MAY APPLY FOR A SURFACE WATER WITHDRAWAL PERMIT; TO PROVIDE THAT THE AUTHORIZED USE OF SURFACE WATER ON NONRIPARIAN LAND MUST BE GIVEN EQUAL CONSIDERATION WITH USES ON RIPARIAN LAND IN PROCEEDINGS RELATING TO WATER USES OR WATER RIGHTS; TO FURTHER SPECIFY SURFACE WATER WITHDRAWAL PERMIT PROCEDURES AND REQUIREMENTS FOR NEW AND EXISTING SURFACE WATER WITHDRAWERS AND TO PROVIDE THAT EXISTING INTERBASIN TRANSFER PERMITS OR REGISTRATION HOLDERS ARE DEEMED TO BE SURFACE WATER WITHDRAWERS AND TO PROVIDE RENEWAL PROCEDURES FOR THESE PERMIT AND REGISTRATION HOLDERS; TO PROVIDE CRITERIA FOR DETERMINING IF A PROPOSED WATER USE IS REASONABLE; TO PROVIDE PUBLIC HEARING PROCEDURES FOR NEW SURFACE WATER WITHDRAWAL PERMIT APPLICATIONS, INCLUDING APPLICATIONS FOR INTERBASIN TRANSFERS, AND APPLICATIONS FOR SIGNIFICANT WATER QUANTITY INCREASES TO EXISTING PERMITS; TO SPECIFY THE CONTENTS AND DURATION OF AND THE RIGHTS CONFERRED BY A SURFACE WATER WITHDRAWAL PERMIT; TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A PERMIT MAY BE MODIFIED, SUSPENDED, OR REVOKED; TO PROVIDE PROCEDURES AND CRITERIA FOR ISSUING RENEWAL PERMITS AND SIGNIFICANT INCREASES IN WATER WITHDRAWAL QUANTITIES; TO REQUIRE A SURFACE WATER WITHDRAWER TO NOTIFY THE DEPARTMENT OF CERTAIN SURFACE WATER INTAKE CHANGES; TO AUTHORIZE TEMPORARY SURFACE WATER WITHDRAWAL PERMITS; TO PROVIDE PROCEDURES TO MAINTAIN MINIMUM INSTREAM FLOW REQUIREMENTS; TO REQUIRE PERMITTEES TO PREPARE AND MAINTAIN OPERATIONAL AND CONTINGENCY PLANS TO PROMOTE AN ADEQUATE WATER SUPPLY WHEN THE FLOW OF THE SURFACE WATER IS LESS THAN THE MINIMUM INSTREAM FLOW FOR THAT SURFACE WATER SEGMENT; TO PROVIDE THE POWERS AND DUTIES OF THE DEPARTMENT IN ADMINISTERING THIS ACT; TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 48-2-30, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, SO AS TO REQUIRE FEES COLLECTED BY THE DEPARTMENT IN THE ADMINISTRATION OF THE SURFACE WATER WITHDRAWAL, PERMITTING, USE, AND REPORTING ACT TO BE DEPOSITED INTO THIS FUND; TO AMEND SECTION 48-2-50, RELATING TO FEES CHARGED BY THE DEPARTMENT IN ADMINISTERING PROGRAMS FROM WHICH FEES ARE DEPOSITED IN THE ENVIRONMENTAL PROTECTION FUND, SO AS TO ESTABLISH THE MAXIMUM AMOUNT FOR FEES CHARGED FOR SERVICES AND FUNCTIONS PROVIDED PURSUANT TO SURFACE WATER WITHDRAWALS, TO REQUIRE THE DEPARTMENT TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY SURFACE WATER WITHDRAWAL FEES COLLECTED, TO PROVIDE THAT THESE SURFACE WATER WITHDRAWAL FEES ARE REPEALED JANUARY 1, 2013, AND TO PROVIDE THAT NO FEES MAY BY CHARGED FOR SURFACE WATER WITHDRAWAL APPLICATIONS UNTIL A FEE SCHEDULE IS ESTABLISHED BY THE GENERAL ASSEMBLY; TO REPEAL CHAPTER 21, TITLE 49 RELATING TO THE INTERBASIN TRANSFER OF WATER; TO PROVIDE THAT CHAPTER 1, TITLE 49, GENERAL PROVISIONS RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, IS NOT AFFECTED BY AND SUPERSEDES CHAPTER 4, TITLE 49, THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL, PERMITTING, USE, AND REPORTING ACT", TO STATE THAT THE INTENTION OF THE GENERAL ASSEMBLY IS NOT TO AFFECT ONGOING LITIGATION BETWEEN SOUTH CAROLINA AND NORTH CAROLINA OR TO PREJUDICE ANY ARGUMENT THAT THIS STATE MAY MAKE IN SUCH LITIGATION. - ratified title

Establish The Maximum Amount For Fees Charged For Services And Functions Provided Pursuant To Surface Water Withdrawals, To Require The Department To Report Annually To The General Assembly Surface Water Withdrawal Fees Collected, To Provide That These Surface Water Withdrawal Fees Are Repealed January 1, 2013, And To Provide That No Fees May By Charged For Surface Water Withdrawal Applications Until A Fee Schedule Is Established By The General Assembly; To Repeal Chapter 21, Title 49 Relating To The Interbasin Transfer Of Water; To Provide That Chapter 1, Title 49, General Provisions Relating To Water, Water Resources, And Drainage, Is Not Affected By And Supersedes Chapter 4, Title 49, The "south Carolina Surface Water Withdrawal, Permitting, Use, And Reporting Act", To State That The Intention Of The General Assembly Is Not To Affect Ongoing Litigation Between South Carolina And North Carolina Or To Prejudice Any Argument That This State May Make In Such Litigation. - Ratified Title

Sen. Thomas Alexander [R]	Sen. Lee Bright [R]	Sen. Kevin Bryant [R]	Sen. Paul Campbell [R]
Sen. George Campsen [R]	Sen. Dick Elliott [D]	Sen. Michael Fair [R]	Sen. Robert Ford [D]
Sen. Lawrence Grooms [R]	Sen. Robert Hayes [R]	Sen. Bradley Hutto [D]	Sen. John Knotts [R]
Sen. John Land [D]	Sen. Hugh Leatherman [R]	Sen. Larry Martin [R]	Sen. Shane Massey [R]
Sen. John Matthews [D]	Sen. John McGill [D]	Sen. John Mulvaney [R]	Sen. William O'Dell [R]
Sen. Harvey Peeler [R]	Sen. Clementa Pinckney [D]	Sen. Glenn Reese [D]	Sen. Michael Rose [R]
Sen. Greg Ryberg [R]	Sen. Nikki Setzler [D]	Sen. Vincent Sheheen [D]	Sen. Phillip Shoopman [R]
Sen. Kent Williams [D]

Date	Chamber	Action
2010-07-08		Act No. 247
2010-07-01		Effective date 01/01/11
2010-06-11		Signed By Governor
2010-06-07		Ratified R 300
2010-06-03		Roll call Yeas-83 Nays-8 HJ-60
2010-06-03		Concurred in Senate amendment and enrolled HJ-60
2010-06-01		Returned to House with amendments SJ-106
2010-06-01		House amendment amended SJ-106
2010-05-26		Read third time and returned to Senate with amendments HJ-63
2010-05-26		Scrivener's error corrected
2010-05-25		Roll call Yeas-87 Nays-11 HJ-138
2010-05-25		Read second time HJ-138
2010-05-12		Debate adjourned until Thursday, May 13, 2010 HJ-67
2010-05-06		Requests for debate-Rep(s). GR Smith, JR Smith, Pinson, Duncan, Stringer, Wylie, Hamilton, Bedingfield, Loftis, Nanney, AD Young, Parker, Allison, RL Brown, Crawford, Lowe, Sellers, Agnew, and Toole HJ-52
2010-05-06		Amended HJ-49
2010-04-30		Scrivener's error corrected
2010-04-29		Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-7
2010-03-17		Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-8
2010-03-17		Introduced and read first time HJ-8
2010-03-16		Read third time and sent to House SJ-31
2010-03-11		Read second time SJ-14
2010-03-11		Committee Amendment Amended and Adopted SJ-14
2010-02-02		Scrivener's error corrected
2010-01-28		Committee report: Favorable with amendment Agriculture and Natural Resources SJ-6
2009-02-19		Referred to Committee on Agriculture and Natural Resources SJ-4
2009-02-19		Introduced and read first time SJ-4

S0275 (Similar To) 2009-01-14 - Referred to Committee on Agriculture and Natural Resources SJ-7
H3577 (Similar To) 2009-02-19 - Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-5
H4285 (Similar To) 2010-02-24 - Member(s) request name added as sponsor: Whipper

Chapter	Article	Section	Citation Type	Statute Text
48	2	30	(n/a)	See Bill Text
48	2	50	(n/a)	See Bill Text

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=452&session=118