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Bill

S 1151

Lake Conestee Dam Authority

2025-2026 Regular Session Introduced by Billy Garrett

Creates a Lake Conestee Dam Authority to own, monitor, and oversee safety, maintenance, and compliance after dam replacement, funded and staffed by a multi-county board.

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Bill Summary · S 1151

Summary of Bill S 1151 (2025-2026) — Lake Conestee Dam Authority (South Carolina)

Purpose and Intent

  • Establish a formal Lake Conestee Dam Authority to oversee the replacement, maintenance, and ongoing operation of the Lake Conestee dam and related structures.
  • Create a structured governance framework and financial/operational responsibilities for dam safety, repairs, and compliance with state regulations.

Key Provisions

Creation and Authority

  • New Entity: Adds Article 5 to Chapter 11, Title 49 of the South Carolina Code, creating the Lake Conestee Dam Authority (a body corporate and politic of perpetual succession).

Governance and Membership (Section 49-11-510)

  • Board Composition: A three-member board (trustees) representing the three counties:
    • One trustee from Laurens County
    • One trustee from Greenwood County
    • One trustee from Greenville County
  • Appointment: Trustees are appointed by the legislative delegation representing the county of the trustee’s residence.
  • Meetings: At least one annual meeting; additional special meetings can be called with at least two trustees’ request.
  • Term Lengths: Three-year terms for elected trustees, with staggered expirations. One-year, two-year, and three-year terms for the initial appointments as determined by the legislative delegation.
  • Term Limits: A trustee may not serve more than two consecutive three-year terms.
  • Vacancies: Filled for the unexpired term in the same manner as the original appointment.
  • Compensation: Trustees cannot receive salaries but may be reimbursed for actual expenses (including subsistence and per diem).
  • Reporting: The board must annually report to the General Assembly on its acts and activities.
  • Executive Director: For at least the first year (and possibly longer), the board may hire an executive director to manage directives and assets. The executive director (with board approval) appoints staff, prescribes duties, and fixes compensation, and must maintain accurate books and records.

Duties and Responsibilities (Section 49-11-520)

  • Post-Construction Ownership: After completion of the replacement dam, modifications to the historic dam, and transfer from the Lake Conestee Dam Restoration Project, the Authority will assume ownership of the dam and related assets.
  • Dam Monitoring and Compliance: The Authority must monitor the dam’s condition to ensure it is in good repair and operating condition, complying with applicable laws and the dam’s operating permit.
  • Safety Notifications: If the dam is deemed unsafe, the Authority must notify the three counties’ governing bodies and the Department of Environmental Services (DES). The counties must collaborate with the Authority to take corrective actions.
  • DES Inspections and Corrective Actions: The Authority must ensure timely DES inspections. If DES issues orders (as per Sections 49-11-160 or 49-11-190), the three counties must collaborate with the Authority to address deficiencies and fulfill remedial actions.

Affected Parties

  • Counties Involved: Laurens, Greenwood, and Greenville Counties (geographic scope for representation and reporting).
  • Governing Bodies: County legislatures/appointing authorities responsible for appointing trustees.
  • Department of Environmental Services (DES): Receives notifications and potential orders related to dam safety.
  • Dam Restoration Project: The Authority will take over after completion and transfer from this project.

Procedural and Timeline Aspects

  • Effective Date: The act takes effect upon approval by the Governor.
  • Formation Timeline: Board will be established to oversee post-construction phases; initial governance structure includes staggered terms and the potential appointment of an executive director for at least the first year.
  • Ongoing Reporting: Annual report to the General Assembly detailing board actions and authority activities.
  • Safety and Compliance Timeline: Ongoing monitoring and coordination with DES for inspections and any remedial actions as necessary.

Practical Impact

  • Provides a formal, multi-county governance mechanism to manage dam replacement, ownership, maintenance, and safety compliance.
  • Clarifies responsibility for funding, staffing, and daily operations through an executive director and reimbursable trustee expenses.
  • Establishes clear procedures for identifying, reporting, and addressing dam safety issues, with cooperative action among the counties and DES.

If you’d like, I can tailor this summary for a specific audience (e.g., policymakers, local residents, or environmental groups) or highlight potential fiscal implications.

Compiled from official sources — confirm details with the bill’s official record.

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