Bill Text: SC S1151 | 2021-2022 | 124th General Assembly | Introduced

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Bill Title: Beachfront Management Act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-03-10 - Referred to Committee on Agriculture and Natural Resources [S1151 Detail]

Download: South_Carolina-2021-S1151-Introduced.html

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A JOINT RESOLUTION

TO SUNSET ANY AND ALL REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THAT WERE PROMULGATED UNDER THE AUTHORITY OF THE BEACHFRONT MANAGEMENT ACT BEFORE MAY 3, 2018, AND TO REQUIRE AN AFFIRMATIVE VOTE OF THE GENERAL ASSEMBLY FOR ANY REGULATION PROMULGATED PURSUANT TO THE BEACHFRONT MANAGEMENT ACT AND BEACHFRONT MANAGEMENT REFORM ACT AFTER THE EFFECTIVE DATE OF THIS ACT.

Whereas, on May 3, 2018, the Beachfront Management Reform Act, Act No. 173 of 2018, became law and changed the policy of South Carolina's beachfront management from a policy of retreat to a policy of preservation; and

Whereas, existing regulations promulgated under the authority of the Beachfront Management Act still reflect a policy of retreat. It is appropriate for those implementing regulations to expire and for new regulations properly reflecting the policy of preservation to be enacted.

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

SECTION    1.    This joint resolution may be cited as the "OCRM Regulation Act of 2022".

SECTION    2.    As used in this joint resolution, "Department" means the South Carolina Department of Health and Environmental Control.

SECTION    3.    Any and all regulations promulgated by the Department pursuant to the authority vested in the Beachfront Management Act, South Carolina Code Sections 48-39-250 et seq., before May 3, 2018, will be null, void, and no longer of any legal validity or effect as of June 30, 2023.

SECTION    4.    The provisions contained in Section 1-23-120(D), or otherwise found in Chapter 23, Title 1, related to the manner in which regulations become effective by publication in the State Register, are suspended for any regulations promulgated under the authority of the Beachfront Management Act or the Beachfront Management Reform Act. Any regulation promulgated after the effective date of this joint resolution under the authority of the Beachfront Management Act or the Beachfront Management Reform Act requires an affirmative vote of the General Assembly to be binding and effective.

SECTION    5.    The provisions of this joint resolution must be liberally construed to effectuate the purposes of this joint resolution.

SECTION    6.    This joint resolution takes effect upon approval by the Governor.