reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-50. Repealed.

HISTORY: Former Section, titled Television manufacturer or computer monitor manufacturer to provide recovery program or financial incentive of equal or greater value for sales or offers of sale of covered television devices; annual recycling; contact information provided to department, had the following history: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 3, eff March 4, 2014. Repealed by 2014 Act No. 129, Section 14, eff December 31, 2014.
Editor's Note
2014 Act No. 129, Section 14, amended by 2021 Act No. 82, Section 1, provides as follows:
"SECTION 14.A. Section 48-60-50 of the 1976 Code, as amended by Section 3 of this act, is repealed December 31, 2014. The remaining provisions of Chapter 60, Title 48 of the 1976 Code, except Section 48-60-90, are repealed December 31, 2023.
"B. Notwithstanding subsection P, Regulation 61-124, except for the provisions of subsection E, are repealed December 31, 2023."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-55. Repealed.

HISTORY: Former Section, titled Requirement to join organization to implement recovery program or to create own program, had the following history: 2014 Act No. 129 (H.3847), Section 4, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022. Repealed by 2022 Act No. 234, Section 1.B, eff December 31, 2022.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-57. County and municipality participation in manufacturer electronic waste program.

Section effective until December 31, 2029.
(A) Beginning in program year 2023, the designee of a county including, but not limited to, a representative of a solid waste authority serving one or more counties, may elect to participate in a manufacturer electronic waste program by filing a written notice of election to participate in the program with the manufacturer electronic waste program and the department, by August 1, 2022, and by May first each year thereafter for the upcoming program year.
(B) A municipality with a population of over 17,000, as determined using the most recent federal decennial census, located within a county or solid waste authority serving one or more counties that elects not to participate in a manufacturer electronic waste program may coordinate with any participating county or solid waste authority serving one or more counties for inclusion in the participating county or solid waste authority's written notice of election to participate in a manufacturer electronic waste program and must utilize collection sites located in the participating county or solid waste authority.
(C) Any municipality included in a participating county or solid waste authority's written notice of election must utilize the proposed collections sites enumerated in the plan and those sites must be located within in the participating county or solid waste authority.
(D) The written notice must include a list of proposed collection locations to support the program and may include locations already providing similar collection services. The written notice also may include a list of registered recoverers that the county would prefer using for its collection sites or one-day events.
HISTORY: 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-59. Manufacturer electronic waste program plan submitted by a manufacturer clearinghouse.

Section effective until December 31, 2029.
(A) A manufacturer electronic waste program plan submitted by a manufacturer clearinghouse may take into account and incorporate individual plans or operations of one or more manufacturers that are participating in the manufacturer clearinghouse.
(B) If a manufacturer clearinghouse allocates responsibility to manufacturers for manufacturers' transportation and recycling of covered television devices and covered computer monitor devices during a program year as part of a manufacturer electronic waste program plan, the manufacturer clearinghouse shall identify the allocation methodology in the manufacturer recovery plan submitted to the department pursuant to Section 48-60-58. Any allocation of responsibility among manufacturers for the collection of covered devices must be in accordance with the allocation methodology established pursuant to Section 48-60-61.
(C) A manufacturer clearinghouse has no authority to enforce manufacturer compliance with the requirements of this chapter, including compliance with the allocation methodology set forth in a manufacturer electronic waste plan, but upon prior notice to the manufacturer, shall refer any potential noncompliance to the department. A manufacturer clearinghouse may develop and implement policies and procedures that exclude from participation in the manufacturer clearinghouse any manufacturers found by the department or a court of competent jurisdiction to have failed to comply with this chapter.
(D) A manufacturer may request the department review a manufacturer electronic waste program plan proposed by the clearinghouse. The department shall consider all factors submitted in the request for review in making its determination in accordance with Section 48-60-58(B).
HISTORY: 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-60. Liability of computer, computer monitor, or television manufacturers.

Section effective until December 31, 2029.
A computer, computer monitor, or television manufacturer is not liable for damages arising from information stored on a covered device collected from a consumer under the manufacturer's electronic waste program.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 5, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 5, added "computer monitor,", and substituted "is not liable" for "may not be liable".
2022 Act No. 234, Section 1.A, substituted "electronic waste program" for "recovery programs of this chapter".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-62. Liability of counties, solid waste authorities, and municipalities.

Section effective until December 31, 2029.
Counties, solid waste authorities serving one or more counties, and municipalities that fully comply with the storage and packaging requirements of this chapter shall be exempt from liability upon the proper removal of covered devices from the solid waste facilities.
HISTORY: 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-70. Retailer sale requirements; exception.

Section effective until December 31, 2029.
(A) A retailer only may sell or offer to sell a covered device that:
(1) bears a manufacturer label as provided in Section 48-60-30; and
(2) is manufactured by a manufacturer that offers an electronic waste program as provided in Sections 48-60-40, 48-60-55, and 48-60-51.
(B) The requirements of this section do not apply to a television sold by a retailer for less than one hundred dollars.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 6, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
Section 48-60-50, referenced in subsection (A)(2), is repealed by 2014 Act No. 129, Section 14, effective December 31, 2014.
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 6, in subsection (A)(2), added the reference to Section 48-60-55.
2022 Act No. 234, Section 1.A, in (A)(2), substituted "an electronic waste program" for "a recovery program" and "48-60-55, and 48-60-51" for "48-60-50, and 48-60-55".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-80. Liability of retailer.

Section effective until December 31, 2029.
A retailer may not be liable for damages arising from information stored on any covered device collected from a consumer under the manufacturer's electronic waste program.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, substituted "electronic waste program" for "recovery program".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-90. Consumers placing or discarding covered devices in waste stream that is to be disposed of in a solid waste landfill; duty of owner of solid waste landfill.

(A) After July 1, 2011, a consumer must not knowingly place or discard a covered device or subassemblies of a covered device in a waste stream that is to be disposed of in a solid waste landfill.
(B) An owner or operator of a solid waste landfill must not, at the gate, knowingly accept, for disposal, loads containing more than an incidental amount of covered devices.
(C) The owner or operator of a solid waste landfill must post, in a conspicuous location at the landfill, a sign stating that covered devices or any components of covered devices are not accepted for disposal at the landfill.
(D) The owner or operator of a solid waste landfill must notify, in writing, all haulers delivering solid waste to the landfill that covered devices or any components of covered devices are not accepted for disposal at the landfill.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 7, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 7, in subsection (A), deleted "any of the components or" before "subassemblies", and substituted "a waste stream" for "any waste stream".
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-100. Department to provide information to the public.

Section effective until December 31, 2029.
The department shall provide information to the public on its Internet website regarding the provisions of the chapter and the prohibition on disposing of covered devices in a solid waste landfill. The department also shall provide information about electronic waste programs available in the State on the department's Internet website. The website must include information about collection options available, the definition of covered devices, the proper methods for disposal of covered devices, the proper methods for disposal of noncovered devices, and links to relevant portions of computer or television manufacturer's Internet websites.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 8, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 8, deleted the subsection designators; in the last sentence, twice substituted "disposal of" for "disposing of"; and deleted former subsection (B), relating to fees.
2022 Act No. 234, Section 1.A, in the second sentence, substituted "electronic waste programs" for "recovery programs".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-110. Audits and inspection by department.

Section effective until December 31, 2029.
The department may conduct audits and inspection of a computer or television manufacturer, retailer, or recoverer to determine compliance with this chapter's provisions, and may establish by regulation administrative fines for violations of this chapter.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-120. Exemptions from public disclosure.

Section effective until December 31, 2029.
Financial and proprietary information submitted to the department pursuant to this chapter is exempt from public disclosure.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, substituted "to this chapter" for "to this act".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-130. Annual solid waste report to contain information provided by manufacturers.

Section effective until December 31, 2029.
The department shall include in its annual solid waste report information provided by manufacturers on recovery programs offered pursuant to this chapter.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-140. Recovery of covered devices to comply with law; recoverer minimum compliance.

Section effective until December 31, 2029.
(A) Covered devices must be recovered in a manner that complies with all applicable federal, state, and local requirements. Collection and storage of covered devices must be performed in accordance with best management practices.
(B) All recycling or reuse facilities used by recoverers of covered electronic devices must, at a minimum, achieve and maintain third-party accredited certification. Acceptable certification programs include the Responsible Recycling (R)(2) Practices and e-Stewards. Other certification programs recognized by the department or the United States Environmental Protection Agency also are acceptable. Manufacturers of covered electronic devices shall ensure that recycling or reuse facilities used as part of their recovery programs meet this requirement. Local governments and other consolidators of covered electronic devices shall ensure that the material they collect is transferred to a recycling or reuse facility that meets this requirement.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 9, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 9, in subsection (A), added the second sentence; and rewrote subsection (B).
2022 Act No. 234, Section 1.A, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-150. Promulgation of regulations.

Section effective until December 31, 2029.
(A) To carry out the purposes and provisions of this chapter, the department is authorized to:
(1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of covered devices;
(2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of facilities that recover covered devices;
(3) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any facility that recovers covered devices;
(4) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this chapter; and
(5) cooperate with private organizations and with business and industry in carrying out the provisions of this chapter.
(B) Regulations promulgated to carry out the purposes and provisions of this chapter must be submitted to the General Assembly pursuant to the Administrative Procedures Act.
(C) The requirements of this chapter supersede all regulations, rules, standards, orders, or other actions of the department that are not consistent with this chapter.
HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 10, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2010 Act No. 178, Section 3, provides:
"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2014 Act No. 129, Section 10, rewrote the section, deleting text relating to fees.
2022 Act No. 234, Section 1.A, rewrote the section.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-160. Fees and fines for manufacturers; exemptions.

Section effective until December 31, 2029.
(A) A manufacturer subject to the requirements of this chapter shall pay the department an annual registration fee in the amount of three thousand five hundred dollars.
(B) A manufacturer that produces computer monitors, computers, or televisions is only required to pay one annual registration fee, if a fee is required.
(C) A manufacturer of a covered device that fails to comply with a requirement of this chapter is subject to a fine not to exceed seven thousand dollars per violation.
(D) A manufacturer of a covered device that sells one hundred or fewer such devices in the State per year is exempt from registration or penalty proposed in this chapter.
(E) All fees and penalties collected by the department to administer and enforce this chapter must be deposited in a dedicated account and may be expended by the department to cover the department's costs to implement this chapter.
HISTORY: 2014 Act No. 129 (H.3847), Section 11, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, rewrote the section.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-170. Intent of chapter; immunity from liability.

Section effective until December 31, 2029.
(A) The intent of this chapter is to implement programs and services that ensure the availability of adequate end-of-life electronic product handling for the benefit of citizens of the State, which fairly, effectively, and efficiently share the burdens of doing so among television manufacturers, computer manufacturers, and computer monitor manufacturers, regardless of the effect on competition of doing so, and which require the State to direct and supervise implementation of a statewide plan of one or more consumer electronic device stewardship programs. Manufacturer clearinghouses and persons participating in manufacturer clearinghouses may not be held liable or prosecuted under federal or state antitrust, unfair trade, and competition laws and regulations.
(B) A manufacturer or manufacturer clearinghouse acting pursuant to the provisions of this chapter may negotiate, enter into, or conduct business with each other and with any other entity developing, implementing, operating, participating in, or performing any other activities directly related to a manufacturer electronic waste program. No manufacturer, manufacturer clearinghouse, and eligible program shall be subject to damages, liability, enforcement actions, or scrutiny under federal or state antitrust, unfair trade, and competition laws and regulations, regardless of the effects of their actions on competition. It further is the intent and belief of the State that the supervisory activities described in this chapter are sufficient to confirm that activities of the manufacturer clearinghouse, manufacturers, eligible programs, and recoverers developing or participating in a plan that is approved pursuant to Section 48-60-51 or 48-60-56 are authorized and actively supervised by the State.
HISTORY: 2014 Act No. 129 (H.3847), Section 12, eff March 4, 2014; 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Effect of Amendment
2022 Act No. 234, Section 1.A, rewrote the section.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 60 - South Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act › Section 48-60-180. Stakeholder process to explore opportunities to advance solutions for recycling of electronics.

Section effective until December 31, 2029.
The department shall initiate a stakeholder group on June 1, 2026, and provide a report on its findings to the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee and the Chairman of the Senate Agriculture and Natural Resources Committee by January 15, 2027. The stakeholder process shall explore opportunities to advance market-based solutions for the recycling of electronics, operational and financial impacts on local governments and manufacturers, alternatives to Section 48-60-90, and other concerns or recommendations identified by stakeholders and the department.
HISTORY: 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-10. Definitions.

As used in this article:
(1) "Fund" means the Disaster Relief and Resilience Reserve Fund.
(2) "Office" means the South Carolina Office of Resilience.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-20. Creation of office; purposes; Chief Resilience Officer.

(A) There is created the South Carolina Office of Resilience. The office shall develop, implement, and maintain the Statewide Resilience Plan and shall coordinate statewide resilience and disaster recovery efforts, including coordination with federal, state, and local governmental agencies, stakeholders, and nongovernmental entities.
(B) Additionally, the South Carolina Disaster Recovery Office as established by Executive Order 2016-13 and included within the South Carolina Department of Administration by Executive Order 2018-59 is transferred to, and incorporated into, the South Carolina Office of Resilience.
(C) The office shall be governed by a Chief Resilience Officer who shall be appointed by the Governor, with the advice and consent of the Senate. The Chief Resilience Officer shall serve at the pleasure of the Governor.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
Editor's Note
2020 Act No. 163, Section 1.B., provides as follows:
"[SECTION 1.]B. (A) As set forth in Section 48-62-20(B), the South Carolina Disaster Recovery Office as established by Executive Order 2016-13 and included within the South Carolina Department of Administration by Executive Order 2018-59 is transferred to, and incorporated into, the South Carolina Office of Resilience.
"(B) The South Carolina Disaster Recovery Office, and to the extent necessary, the South Carolina Department of Administration, shall take all necessary actions to accomplish this transfer in accordance with any state and federal laws and regulations.
"(C) The employees, authorized appropriations, and assets and liabilities of the South Carolina Disaster Recovery Office also are transferred to and become part of the South Carolina Office of Resilience.
"(D) On the effective date of this act, all classified or unclassified personnel employed by the South Carolina Disaster Recovery Office, either by contract or by employment at will, and all permanent or temporary grant employees become employees of the South Carolina Office of Resilience, with the same compensation, classification, and grade level, as applicable.
"(E) Any rules or regulations which have been promulgated by the South Carolina Disaster Recovery Office and any applicable contracts entered into by the South Carolina Disaster Recovery Office are continued in full force and effect."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-40. Creation of committee; membership.

(A) To aid in the development of the Statewide Resilience Plan, there is created the Statewide Resilience Plan Advisory Committee. The committee must be composed of:
(1) the Director of the Department of Natural Resources, or his designee;
(2) the Director of the Department of Insurance, or his designee;
(3) a representative of the South Carolina Disaster Recovery Office appointed by the Chief Resilience Officer;
(4) the Commissioner of Agriculture, or his designee;
(5) the Director of the South Carolina Emergency Management Division, or his designee;
(6) the Executive Director of the Sea Grant Consortium, or his designee; and
(7) the Secretary of the Department of Commerce, or his designee.
(B) In addition to the members set forth in subsection (A), the Chief Resilience Officer may add members to the advisory board as he deems necessary and proper. All governmental agencies must cooperate with the advisory board to fulfill its mission.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-50. Creation of fund; use of funds.

There is created in the State Treasury the Disaster Relief and Resilience Reserve Fund, which shall be separate and distinct from the general fund and all other reserve funds. Funds appropriated to the fund only may be used to develop, implement, and maintain the Statewide Resilience Plan, and for disaster relief assistance, hazard mitigation, and infrastructure improvements as set forth in this article. Interest accrued by the fund must remain in the fund and unexpended funds must be retained and carried forward to be used for the same purposes.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-60. Disaster relief assistance; requirements.

(A) Following a federally declared disaster, the Disaster Relief and Resilience Reserve Fund may make available immediate disaster relief assistance to aid resilient rebuilding in affected communities with significant unmet needs. For purposes of this section, disaster relief assistance includes, but is not limited to:
(1) financial assistance to state and local governmental entities to provide the nonfederal share for federal disaster assistance programs;
(2) infrastructure repairs for homeowners and communities that are not eligible for Community Development Block Grant-Disaster Recovery and other federal funding assistance;
(3) loans and grants to local governments in disaster areas that need immediate cash flow assistance;
(4) grants to governmental entities and organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code to repair or replace infrastructure or equipment damaged as a result of a natural disaster; and
(5) financial assistance for verifiable losses of agricultural commodities due to a natural disaster.
(B) Activities completed using disaster relief assistance from the fund shall account for future risks and hazard exposure in order to rebuild in a manner that will reduce the exposure of the community to future hazards and reduce future losses, consistent with the implementation of the Statewide Resilience Plan.
(C) In order to qualify for disaster relief assistance, eligible fund recipients must apply to the office and meet all criteria set forth by the office.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-70. Hazard mitigation; infrastructure improvements; eligibility.

(A) To satisfy the purposes of removing residents from hazard areas, safeguarding property, and restoring the natural function of the floodplain, the Disaster Relief and Resilience Reserve Fund may be allocated to enable hazard mitigation and infrastructure improvements through loans and through a competitive grant process administered by the office. For purposes of this section, hazard mitigation and infrastructure improvements include, but are not limited to:
(1) mitigation buyouts, relocations, and buyout assistance for homes, including multifamily units, not covered by the Hazard Mitigation Grant Program;
(2) gap funding related to buyouts in order to move residents out of floodplain hazard areas and restore or enhance the natural flood-mitigation capacity of functioning floodplains;
(3) assistance to low- and moderate-income homeowners to help lower flood risk through flood insurance, structural and nonstructural mitigation projects, or other means;
(4) loans and grants to state and local governmental entities for hazard mitigation and infrastructure improvement projects; and
(5) approved mitigation projects identified in local post-disaster recovery plans created and adopted prior to a disaster.
(B) Upon its creation, funding priority must be given to projects identified by the Statewide Resilience Plan or local hazard mitigation plans.
(C) In approving financial assistance for hazard mitigation and infrastructure improvement projects, the office shall ensure that selected projects are in compliance with requirements of the National Flood Insurance Program or any more stringent requirements adopted by a local government and shall give priority to projects which offer enhanced protection from future flood events or which utilize or incorporate natural features to achieve protections. Funds may not be used for projects which, rather than lowering risks overall, increase the flood vulnerabilities of neighboring areas.
(D) In order to qualify for hazard mitigation and infrastructure improvement grants and loans, eligible fund recipients must apply to the office and meet all criteria set forth by the office.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-310. Definitions.

As used in this article:
(1) "Authority" means the South Carolina Disaster Recovery Office within the South Carolina Office of Resilience.
(2) "Conservation easement" means an interest in real property as defined in Chapter 8, Title 27, the South Carolina Conservation Easement Act of 1991.
(3) "Eligible fund recipient" means:
(a) the State of South Carolina and any agency, commission, or instrumentality of the State;
(b) local governments of the State and any agency, commission, or instrumentality of the local government; and
(c) land trusts operating within the State accredited by the Land Trust Accreditation Commission, an independent program of the Land Trust Alliance that provides independent verification that land trusts meet the high standards of land conservation, stewardship, and nonprofit management in the nationally recognized Land Trust Standards and Practices.
(4) "Floodplain restoration" means any activity undertaken to reestablish the hydrology and ecology of the floodplain to its natural state.
(5) "Fund" means the South Carolina Resilience Revolving Fund.
(6) "Loan" means a loan from the authority to an eligible fund recipient for the purpose of financing all or a portion of the cost of a project.
(7) "Loan agreement" means a written agreement between the authority and a project sponsor with respect to a loan.
(8) "Loan obligation" means a bond, note, or other evidence of obligation issued by a project sponsor to evidence its indebtedness under a loan agreement with respect to a loan.
(9) "Local government" means any county, city, town, municipal corporation, authority, district, commission, or political subdivision created by the General Assembly or established pursuant to the laws of this State.
(10) "Multifamily residence" means a building with multiple separate residential housing units.
(11) "Office" means the South Carolina Office of Resilience.
(12) "Primary single-family residence" means a single detached dwelling that is occupied as the main home by the owners for the majority of the year.
(13) "Proposed project" means a plan submitted to the authority by an eligible fund recipient for the use of loan funds.
(14) "Repetitive loss" means a residence that sustained two or more incidents of weather-related flooding causing damages over one thousand dollars each within a period of ten consecutive years.
(15) "Restrictive covenant" means a recorded covenant that imposes activity and use limitations on real property.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-320. Creation of fund; authority.

There is created the South Carolina Resilience Revolving Fund. The fund is governed by the authority. The authority is a public instrumentality of this State, and the exercise by it of a power conferred in this article is the performance of an essential public function. The Director and staff of the South Carolina Disaster Recovery Office comprise the authority, under the supervision and review of the Chief Resilience Officer and the Governor.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-350. Administration of fund; deposits; use of funds.

(A) The fund must be held and administered by the authority in accordance with the provisions of this article and policies, rules, regulations, directives, and agreements as may be promulgated or entered into by the authority pursuant to this article. Earnings on balances in the fund must be credited to the fund. Amounts remaining in the fund at the end of the fiscal year accrue only to the credit of the fund. Amounts in the fund must be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this article.
(B) The authority is authorized to deposit the following into the fund:
(1) federal capitalization grants, awards, or other federal assistance received by the office for the purposes of the fund;
(2) funds appropriated by the General Assembly for deposit to the fund;
(3) payments received from a recipient in repayment of a loan;
(4) interest or other income earned on the investment of monies in the fund; and
(5) additional monies made available from public or private sources for the purposes of which the fund has been established.
(C) Monies in the fund only may be used to:
(1) make loans to eligible fund recipients in accordance with the provisions of this article;
(2) earn interest on fund accounts; and
(3) provide for the program administration and project management activities of the fund.
(D) The authority may establish accounts and subaccounts within the fund as considered desirable to effectuate the purposes of this article.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-360. Sources of funding.

In addition to appropriations made by the General Assembly, the office shall seek out additional sources of funding to sustain the fund, including federal dollars from the Department of Housing and Urban Development Community Development Block Grant-Disaster Recovery appropriations. Additional appropriations to the fund may be requested from the General Assembly so as to expand the capabilities of the fund.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-370. Actions of office.

The office may:
(1) promulgate regulations to effectuate the provisions of this article;
(2) establish an operational structure within its authority to administer the fund;
(3) develop priority systems that ensure consistency with the provisions of this article;
(4) prepare annual plans in accordance with this article;
(5) receive monies from the fund for program administration and project management activities of the fund; and
(6) hire staff and employ agents, advisers, consultants, and other employees, including attorneys, financial advisers, engineers, and other technical advisers, and public accountants and determine their duties and compensation.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 62 - Disaster Relief And Resilience Act › Section 48-62-380. Construction of article.

The provisions of this article must be liberally construed to the end that its beneficial purposes may be effectuated. No proceeding, notice, or approval is required for loan obligations by a project sponsor or instruments or the security for the loan obligation, except as provided in this article. If the provisions of this article are inconsistent with the provisions of any other law, whether general, special, or local, then the provisions of this article are controlling.
HISTORY: 2020 Act No. 163 (S.259), Section 1.A, eff September 29, 2020.