TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO RENAME THE CHAPTER THE "DEPARTMENT OF PUBLIC HEALTH" AND TO REORGANIZE THE CHAPTER TO ABOLISH THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE APPOINTMENT OF A DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH BY THE GOVERNOR, TO ELIMINATE PROVISIONS PERTAINING TO THE BOARD AND TO ENVIRONMENTAL RESPONSIBILITIES OF THE DEPARTMENT, AND FOR OTHER PURPOSES; BY ADDING CHAPTER 6 TO TITLE 48 SO AS TO CREATE THE DEPARTMENT OF ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE APPOINTMENT OF A DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL CONTROL BY THE GOVERNOR, TO TRANSFER TO THE DEPARTMENT THE ENVIRONMENTAL DIVISIONS, OFFICE, AND PROGRAMS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND FOR OTHER PURPOSES; TO AMEND SECTIONS 44-2-20, 44-2-40, 44-2-60, 44-2-130, 44-4-130, 44-4-540, 44-7-130, 44-7-150, 44-7-180, 44-7-190, 44-7-200, 44-7-210, 44-7-230, 44-7-320, 44-7-370, 44-7-760, 44-7-2430, 44-29-10, 44-29-150, 44-29-210, 44-53-160, AS AMENDED, 44-53-280, AS AMENDED, 44-53-290, AS AMENDED, 44-53-310, 44-53-320, 44-53-360, AS AMENDED, 44-53-740, 44-55-20, 44-55-30, 44-55-40, 44-55-45, 44-55-50, 44-55-60, 44-55-70, 44-55-120, 44-55-690, 44-55-860, 44-56-20, 44-56-30, 44-56-60, 44-56-100, 44-56-130, 44-56-160, 44-56-200, 44-56-210, 44-56-405, 44-56-410, 44-56-420, 44-56-495, 44-56-720, 44-56-840, AS AMENDED, 44-61-20, AS AMENDED, 44-61-30, 44-61-40, 44-61-50, 44-61-60, 44-61-70, 44-61-80, 44-61-130, 44-61-310, 44-61-350, 44-61-720, 44-61-800, 44-63-110, 44-69-20, 44-69-30, 44-69-50, 44-71-20, 44-75-20, AS AMENDED, 44-75-30, 44-75-40, 44-89-30, 44-93-20, 44-93-150, 44-93-160, 44-96-40, 44-96-85, 44-96-100, 44-96-120, AS AMENDED, 44-96-165, 44-96-170, 44-96-250, 44-96-440, 44-96-450, 48-1-10, 48-1-20, 48-1-55, 48-1-85, 48-1-95, 48-1-100, 48-1-130, 48-1-280, 48-2-20, 48-2-70, 48-2-320, 48-2-330, 48-2-340, 48-3-10, 48-3-140, 48-5-20, 48-14-20, 48-18-20, 48-18-50, 48-20-30, 48-20-40, 48-20-70, 48-21-20, 48-34-40, 48-39-10, AS AMENDED, 48-39-35, 48-39-50, 48-39-270, 48-39-280, AS AMENDED, 48-39-320, 48-40-20, 48-40-40, 48-43-10, 48-43-30, 48-43-40, 48-43-50, 48-43-60, 48-43-100, 48-43-390, 48-43-510, 48-43-520, 48-43-570, 48-46-30, 48-46-40, 48-46-50, 48-46-80, 48-46-90, 48-52-10, 48-52-810, 48-52-865, 48-55-10, 48-56-20, 48-57-20, 48-60-20, 48-60-55, 49-1-15, 49-1-16, 49-1-18, 49-3-30, 49-4-20, 49-4-170, 49-5-30, 49-5-60, 49-6-30, 49-11-120, 49-11-170, AND 49-11-260, RELATING TO UNDERGROUND STORAGE TANKS, EMERGENCY HEALTH POWERS, HOSPITALS, CONTAGIOUS AND INFECTIOUS DISEASES, CONTROLLED SUBSTANCES, DRINKING WATER, HAZARDOUS WASTE MANAGEMENT, EMERGENCY MEDICAL SERVICES, VITAL STATISTICS, HOME HEALTH AGENCIES, HOSPICE PROGRAMS, ATHLETIC TRAINERS, BIRTHING CENTERS, INFECTIOUS WASTE MANAGEMENT, SOLID WASTE POLICY AND MANAGEMENT, POLLUTION CONTROL, ENVIRONMENTAL PROTECTION, WATER QUALITY, STORMWATER MANAGEMENT, EROSION AND SEDIMENT CONTROL, MINING, PRESCRIBED FIRES, COASTAL TIDELANDS AND WETLANDS, BEACH RESTORATION, OIL AND GAS EXPLORATION, LOW-LEVEL RADIOACTIVE WASTE, ENERGY EFFICIENCY, ENVIRONMENTAL AWARENESS AND INNOVATION, ENVIRONMENTAL AUDITS, INFORMATION TECHNOLOGY EQUIPMENT RECOVERY, IMPOUNDMENT OF NAVIGABLE WATERS, WATER RESOURCES PLANNING, SURFACE WATER WITHDRAWAL, GROUNDWATER USE, AQUATIC PLANT MANAGEMENT, AND DAMS, RESPECTIVELY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS OF STATE GOVERNMENT SO AS TO ADD THE DEPARTMENT OF PUBLIC HEALTH AND THE DEPARTMENT OF ENVIRONMENTAL CONTROL; BY ADDING SECTION 1-30-140 SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTION 1-30-45 RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

SECTION     1.     On the effective date of this act:

    (1)     there is created the Department of Public Health and the Department of Environmental Control;

    (2)     the divisions, offices, and programs of the Department of Health and Environmental Control that perform health-related functions shall become divisions, offices, and programs of the Department of Public Health with the director of the department being deemed the head of the divisions, offices, and programs unless otherwise specified, and all relevant powers and duties assigned to the Department of Health and Environmental Control being transferred to and devolved upon the Department of Public Health;     (3)     the divisions, offices, and programs of the Department of Health and Environmental Control that perform functions related to regulation and protection of the environment shall become divisions, offices, and programs of the Department of Environmental Control with the director of that department being deemed the head of the divisions, offices, and programs, unless otherwise specified, and all relevant powers and duties assigned to the Department of Health and Environmental Control being transferred to and devolved upon the Department of Environmental Control;

    (4)     the South Carolina Department of Health and Environmental Control and the South Carolina Board of Health and Environmental Control shall be abolished.

SECTION     2.     Chapter 1, Title 44 of the 1976 Code is amended to read:

    Section 44-1-20.     There is created the South Carolina Department of Health and Environmental Control which shall be administered under the supervision of the South Carolina Board of Health and Environmental Control. The board shall consist of eight members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The member who is appointed at large shall serve as the chairman of the board. The Governor may remove the chairman of the board pursuant to Section 1-3-240(B); however, the Governor only may remove the other board members pursuant to Section 1-3-240(C). The terms of the members shall be for four years and until their successors are appointed and qualify. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. In making these appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. (A)     There is created the Department of Public Health which shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor as provided for in Section 1-3-240.

    (B)     As the governing authority of the department, the director is vested with all authorities and duties as provided for in Section 1-30-10.

    Section 44-1-30.     The Board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions.

    (A)     The Department of Public Health is vested with all the functions, powers, and duties of the health divisions, offices, and programs of the Department of Health and Environmental Control on the effective date of this act.

    (B)     The department may promulgate regulations necessary to implement the provisions of this chapter.

    (C)     The department may apply for and accept funds, grants, gifts, and services from the State, the United States government or any of its agencies, or any other public or private source and may use funds derived from these sources to defray clerical and administrative costs, as may be necessary for carrying out the department's duties.

    Section 44-1-40.     The board shall select a director for the department who shall serve a four-year term and who shall have such authority and perform such duties as may be directed by the board. The salary of the director shall be fixed by the board, upon approval of the State Fiscal Accountability Authority. For any vacancy occurring in the office of director on or after February 1, 1995, the board, after consultation with and approval by the Governor, must submit the name of its appointee to the Senate for the Senate's advice and consent. On or after February 1, 1995, the board may remove a director only after consultation with and approval by the Governor.

    Section 44-1-50.     The board may conduct such administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case pursuant to Chapter 23 of Title 1.

    The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions.

    Section 44-1-60.     (A)     All department decisions of the Department of Public Health involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, certificates, or other actions of the department which may give rise to a contested case, except a decision to establish a baseline or setback line, must be made using the procedures set forth in this section. A department decision referenced in this subsection relating to a poultry facility or another animal facility, except a swine facility, also must comply with the provisions of Section 44-1-65.

    (B)     The department staff shall comply with all requirements for public notice, receipt of public comments and public hearings before making a department decision. To the maximum extent possible, the department shall use a uniform system of public notice of permit applications, opportunity for public comment and public hearings.

    (C)     The initial decision involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other action of the department shall be a staff decision.

    (D)     In making a staff decision on any about a permit, license, certification or other approval, the department staff shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny or condition such a permit, license, certification or other approval. At the time that such staff a decision is made, the department shall issue a department written decision,