Committee Report

April 6, 2023

H. 3769

Introduced by Reps. Ligon, B. Newton, O'Neal, Chumley, Haddon, Magnuson, Harris, Sandifer and Neese

 

S. Printed 04/06/23--H.

Read the first time January 24, 2023

 

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The committee on House Labor, Commerce and Industry

To who was referred a Bill (H. 3769) to amend the South Carolina Code of Laws by adding Section 5-31-1525 so as to prohibit the Department of Health and Environmental Control from denying the repair, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, by striking SECTION 1 and inserting:

SECTION X. Chapter 1, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-1-320.  The Department of Health and Environmental Control shall not deny a property owner the right to repair and replace any well or septic tank existing on the effective date of this act solely because of any other available water or sewer service, or both.

Renumber sections to conform.

Amend title to conform.

 

WILLIAM SANDIFER for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill prohibits DHEC from denying the repair, replacement, or construction of wells and septic tanks on rural land of no more than five acres, regardless of the availability of municipal water and sewer service.  DHEC indicates that since the bill requires the agency to perform activities that will be conducted in the normal course of agency business, the bill will have no expenditure impact on DHEC.  However, DHEC added that the bill is in direct conflict with Section 300 of Regulation 61-56, regarding wastewater treatment facility accessibility.

 

Local Expenditure

This bill prohibits DHEC from denying the repair, replacement, or construction of wells and septic tanks on rural land of no more than five acres, regardless of the availability of municipal water and sewer service.  RFA surveyed all forty-six counties and the MASC and received two responses.  Hampton County reports that the bill will have no direct impact to the county.  Additionally, the MASC does not foresee an expenditure impact to cities or towns if repairs and replacements are completed in a manner that will not require the assistance of municipal works employees.  Based on these responses, RFA does not anticipate an expenditure impact on county or municipal governments.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

to amend the South Carolina Code of Laws by adding Section 5-31-1525 so as to PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM DENYING THE REPAIR, REPLACEMENT, OR CONSTRUCTION OF WELLS AND SEPTIC TANKS ON CERTAIN RURAL LANDS REGARDLESS OF THE AVAILABILITY OF MUNICIPAL WATER AND SEWER SERVICE.

 

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

 

SECTION 1.  Article 15, Chapter 31, Title 5 of the S.C. Code is amended by adding:

 

    Section 5-31-1525. (A) The Department of Health and Environmental Control shall not deny a property owner of rural land of no more than five acres the right to repair and replace any well or septic tank existing on the effective date of this act because of available municipal water and sewer service.

    (B) The Department of Health and Environmental Control shall not deny a property owner of family farmland of no more than five acres on the effective date of this act the right to construct new wells and septic tanks on the property because of available municipal water and sewer service.

 

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

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