South Carolina General Assembly

123rd Session, 2019-2020

S. 89

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, McElveen, Senn, Setzler, Talley, Rankin and Kimpson
Document Path: l:\s-res\gec\022offs.kmm.gec.docx

Introduced in the Senate on January 8, 2019

Currently residing in the Senate Committee on Agriculture and Natural Resources

Summary: Infrastructure use

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

12/12/2018 Senate Prefiled
12/12/2018 Senate Referred to Committee on Agriculture and Natural Resources
1/8/2019 Senate Introduced and read first time (Senate Journal-page 81)
1/8/2019 Senate Referred to Committee on Agriculture and Natural Resources (Senate
Journal-page 81)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/12/2018
1
2
3
4
5
6
7
8
9 A BILL
10
11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12 1976, BY ADDING SECTION 48-43-400 SO AS TO PROHIBIT
13 THE APPROVAL OF INFRASTRUCTURE USED TO
14 FACILITATE THE TRANSPORTATION OF OFFSHORE OIL
15 INTO THE LAND AND WATERS OF THIS STATE BY THE
16 STATE OF SOUTH CAROLINA, A STATE AGENCY, OR A
17 POLITICAL SUBDIVISION OF THIS STATE.
18
19 Be it enacted by the General Assembly of the State of South
20 Carolina:
21
22 SECTION 1. Article 2, Chapter 43, Title 48 is amended by adding:
23
24 “Section 48-43-400. Notwithstanding another provision of law,
25 the State of South Carolina, a state agency, or a political subdivision
26 of this State may not approve a plan or permit application to
27 construct or otherwise use infrastructure used to facilitate the
28 transportation of offshore oil into the land and waters of this State.
29 This infrastructure includes, but is not limited to, a pipeline and a
30 facility designed to store oil but does not include new roads.”
31
32 SECTION 2. This act takes effect upon approval by the Governor.
33 ----XX----
34

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 South Carolina General Assembly
123rd Session, 2019-2020

S. 296

STATUS INFORMATION

General Bill
Sponsors: Senators Harpootlian and Setzler
Document Path: l:\s-res\rah\002offs.kmm.rah.docx

Introduced in the Senate on January 8, 2019

Currently residing in the Senate Committee on Agriculture and Natural Resources

Summary: Offshore oil

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

12/12/2018 Senate Prefiled
12/12/2018 Senate Referred to Committee on Agriculture and Natural Resources
1/8/2019 Senate Introduced and read first time (Senate Journal-page 172)
1/8/2019 Senate Referred to Committee on Agriculture and Natural Resources (Senate
Journal-page 172)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/12/2018
1
2
3
4
5
6
7
8
9 A BILL
10
11 TO AMEND ARTICLE 2, CHAPTER 43, TITLE 48 OF THE 1976
12 CODE, RELATING TO THE EXPLORATION AND
13 PRODUCTION OF OIL AND NATURAL GAS WITHIN THE
14 JURISDICTION OF SOUTH CAROLINA, BY ADDING
15 SECTION 48-43-400, TO PROVIDE THAT THE DEPARTMENT
16 OF HEALTH AND ENVIRONMENTAL CONTROL IS
17 PROHIBITED FROM ENTERING INTO LEASES THAT
18 ALLOW FOR THE INSTALLATION OF INFRASTRUCTURE
19 RELATED TO THE EXPLORATION, DEVELOPMENT, OR
20 PRODUCTION OF OIL OR NATURAL GAS LOCATED IN THE
21 SOUTH ATLANTIC PLANNING AREA, TO PROHIBIT
22 CONDEMNATION OF REAL PROPERTY FOR THE
23 PURPOSES OF THE INSTALLATION OF PIPELINES OR
24 SUPPORT FACILITIES OR INFRASTRUCTURE ASSOCIATED
25 WITH THE EXPLORATION, DEVELOPMENT, OR
26 PRODUCTION OF OIL OR NATURAL GAS IN THE SOUTH
27 ATLANTIC PLANNING AREA, TO PROHIBIT
28 PETROLEUM-BEARING VESSELS TRANSPORTING CRUDE
29 OIL PRODUCED IN THE SOUTH ATLANTIC PLANNING
30 AREA FROM ENTERING OR MOVING UPON WATERS OFF
31 OF SOUTH CAROLINA’S COASTAL COUNTIES, TO
32 PROVIDE THAT THE DEPARTMENT OF HEALTH AND
33 ENVIRONMENTAL CONTROL IS PROHIBITED FROM
34 ENTERING INTO ISSUING OR RENEWING ANY LICENSE
35 OR PERMIT FOR ANY MAJOR FACILITY STORING OR
36 TRANSFERRING PETROLEUM PRODUCED IN THE
37 NAVIGABLE WATERS OF THE STATE OR TIDEWATERS
38 BORDERING ON OR LYING WITHIN THE BOUNDARIES OF
39 SOUTH CAROLINA’S COASTAL COUNTIES; TO PROVIDE
40 THAT THE DEPARTMENT OF HEALTH AND
41 ENVIRONMENTAL CONTROL IS PROHIBITED FROM
42 ENTERING INTO ISSUING OR RENEWING ANY LICENSE

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 1 OR PERMIT FOR ANY MAJOR FACILITY INTENDED TO
2 TRANSFER OR STORE CRUDE OIL FROM ANY VESSEL
3 THAT HOLDS PETROLEUM TRANSPORTED DIRECTLY
4 FROM ANY PIPELINE, SUPPORT FACILITY, OR
5 INFRASTRUCTURE ASSOCIATED WITH THE PRODUCTION
6 OF CRUDE OIL FROM THE SOUTH ATLANTIC PLANNING
7 AREA; TO AMEND ARTICLE 2, CHAPTER 43, TITLE 48 OF
8 THE 1976 CODE, RELATING TO THE EXPLORATION AND
9 PRODUCTION OF OIL AND NATURAL GAS WITHIN THE
10 JURISDICTION OF SOUTH CAROLINA, BY ADDING
11 SECTION 48-43-345, TO PROVIDE CONDEMNATION
12 AUTHORITY OVER CERTAIN PROPERTY REQUIRED FOR
13 INSTALLING INFRASTRUCTURE RELATED TO THE
14 PRODUCTION OF OIL OR NATURAL GAS; AND TO DEFINE
15 NECESSARY TERMS.
16
17 Be it enacted by the General Assembly of the State of South
18 Carolina:
19
20 SECTION 1. Article 2, Chapter 43, Title 48 of the 1976 Code is
21 amended by adding:
22
23 “Section 48-43-400. (A) For the purposes of this section:
24 (1) ‘Development’ means those activities taking place
25 following the discovery of commercially producible quantities of oil
26 or natural gas, including, but not limited to, platform construction,
27 pipeline construction, and operation of all onshore support facilities,
28 that are performed for the purposes of ultimately producing oil or
29 natural gas.
30 (2) ‘Exploration’ means any activity associated with the
31 search of oil or natural gas, including, but not limited to, geophysical
32 tests, seismic tests, air blasts, or the drilling of stratigraphic wells.
33 (3) ‘Federal waters’ means those waters and submerged lands
34 lying seaward of the state waters of South Carolina that appertain to
35 the United States and are subject to federal jurisdiction and control.
36 (4) ‘Production’ means those activities that take place
37 following the successful completion of a well or field necessary for
38 the removal of oil or natural gas, including filed operations, transfer
39 of resources to shore, operation, monitoring, maintenance, and
40 workover drilling.
41 (5) ‘South Atlantic Planning Area’ means the federal waters
42 in the outer continental shelf that span 54.34 million acres, adjacent
43 to the coastal waters of South Carolina, Georgia, and North Florida.

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 1 (B) The department shall not enter into any new lease or other
2 conveyance, or lease modification, that authorizes or enables the
3 installation of pipelines, support facilities, or other infrastructure
4 directly or indirectly associated with the exploration, development,
5 or production of oil or natural gas located in the South Atlantic
6 Planning Area.
7 (C) Condemnation of any real property for the purposes of the
8 installation of pipelines, support facilities, or infrastructure
9 associated with the exploration, development, or production of oil
10 or natural gas, in the South Atlantic Planning Area is expressly
11 prohibited.
12 (D)(1) Petroleum-bearing vessels transporting crude oil
13 produced in the South Atlantic Planning Area are prohibited from
14 entering or moving upon the navigable waters of the State or any
15 tidewaters bordering on or lying within the boundaries of Beaufort,
16 Charleston, Colleton, Georgetown, Horry, and Jasper counties.
17 (2) The department is prohibited from issuing or renewing
18 any license or permit for any major facility storing or transferring
19 petroleum produced in the navigable waters of the State or
20 tidewaters bordering on or lying within the boundaries of Beaufort,
21 Charleston, Colleton, Georgetown, Horry, and Jasper counties.
22 (3) The department is prohibited from issuing or renewing
23 any license or permit for any major facility intended to transfer or
24 store crude oil from any vessel that holds petroleum transported
25 directly from any pipeline, support facility, or infrastructure
26 associated with the production of crude oil from the South Atlantic
27 Planning Area.”
28
29 SECTION 2. Article 2, Chapter 43, Title 48 of the 1976 Code is
30 amended by adding:
31
32 “Section 48-43-345. A person who has, or is applying for, an
33 exploration permit or a person to whom has been allocated an oil
34 allowable from a pool is unable to agree to the purchase of any real
35 property required for development and the route in the county in
36 which the real property is situated has been finally located, he shall
37 have the right to acquire title thereto by condemnation. However,
38 the person shall not locate his route or construct any line of pipe
39 through or under any building, dooryard, lawn, garden, or orchard,
40 except by the duly acknowledged prior written consent of the owner;
41 through any cemetery or burial ground; or within one hundred feet
42 of any building except where such line is authorized by public
43 officers to be laid across or upon any public highway, and he shall

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 1 not install pipelines that support facilities or infrastructure
2 associated with the exploration, development, or production of oil
3 or natural gas in federal waters located in the South Atlantic
4 Planning Area. The person shall not lay or construct his line of pipe
5 through or under a street in any city, unless he first obtains the
6 consent of the majority of the owners of property abutting that
7 portion of the street in which his pipeline is to be laid. Such pipeline
8 shall be laid with reasonable care and prudence.”
9
10 SECTION 3. This act takes effect upon approval by the Governor.
11 ----XX----
12

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