Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 29, 2023

H. 3209

Introduced by Reps. Jordan, Murphy, Brewer, Williams, Henegan and Alexander

 

S. Printed 03/29/23--S.                                                                          [SEC 3/31/2023 2:44 PM]

Read the first time February 01, 2023

 

________

 

The committee on SENATE Judiciary

To who was referred a Joint Resolution (H. 3209) to extend certain governmental approvals affecting economic development within the State, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

LUKE RANKIN for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This amended joint resolution, the Permit Extension Joint Resolution of 2023, suspends the running of the period of the development approval that is current and valid between January 1, 2020, and December 31, 2023.  Development approval is defined as an approval issued by the State, an agency or subdivision of the State, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity.

 

DHEC indicates that this joint resolution will increase duties of program management staff within each bureau of the agency because the agency will need to research which permits must be extended pursuant to the provisions of the resolution.  However, the agency will manage these additional duties with existing staff and resources.

 

Local Expenditure

This amended joint resolution, the Permit Extension Joint Resolution of 2023, suspends the running of the period of the development approval that is current and valid between January 1, 2020, and December 31, 2023.  Development approval is defined as an approval issued by the State, an agency or subdivision of the State, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity.

 

The Revenue and Fiscal Affairs Office surveyed all forty-six counties and the Municipal Association of South Carolina (MASC) and received a response from two counties.  Clarendon County does not expect any expenses from the resolution since the county currently adheres to the provisions of the resolution.  Hampton County also does not expect the resolution to have a direct impact on the county.  Based on these and previous responses, the resolution is not expected to have an expenditure impact on local governments.

 

State Expenditure

This joint resolution, the Permit Extension Joint Resolution of 2023, suspends the running of the period of the development approval that is current and valid between January 1, 2020, and December 31, 2023.  Development approval is defined as an approval issued by the State, an agency, or subdivision of the State, or a unit of local government, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity.

 

DHEC indicates that this joint resolution will increase duties of program management staff within each bureau of the agency because the agency will need to research which permits must be extended pursuant to the provisions of the resolution.  However, the agency will manage these additional duties with existing staff and resources. This section of the fiscal impact statement has been updated to include a response from DHEC.

 

Local Expenditure

This joint resolution, the Permit Extension Joint Resolution of 2023, suspends the running of the period of the development approval that is current and valid between January 1, 2020, and December 31, 2023.  Development approval is defined as an approval issued by the State, an agency, or subdivision of the State, or a unit of local government, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity.

 

The Revenue and Fiscal Affairs Office surveyed all forty-six counties and the Municipal Association of South Carolina (MASC) and received responses from five counties and the MASC.  The responding counties indicate that any expenses will be minimal and can be managed with existing resources.  Likewise, the MASC indicates that the resolution will have no impact on municipal governments.  Therefore, this resolution is not expected to have an expenditure impact on local governments.

 

State Expenditure

This joint resolution, the Permit Extension Joint Resolution of 2023, suspends the running of the period of the development approval that is current and valid between January 1, 2020, and December 31, 2023.  Development approval is defined as an approval issued by the State, an agency, or subdivision of the State, or a unit of local government, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity.

 

The fiscal impact of the resolution on DHEC is pending, contingent upon a response from the agency.

 

Local Expenditure

This joint resolution, the Permit Extension Joint Resolution of 2023, suspends the running of the period of the development approval that is current and valid between January 1, 2020, and December 31, 2023.  Development approval is defined as an approval issued by the State, an agency, or subdivision of the State, or a unit of local government, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity.

 

The Revenue and Fiscal Affairs Office surveyed all forty-six counties and the Municipal Association of South Carolina (MASC) and received responses from five counties and the MASC.  The responding counties indicate that any expenses will be minimal and can be managed with existing resources.  Likewise, the MASC indicates that the resolution will have no impact on municipal governments.  Therefore, this resolution is not expected to have an expenditure impact on local governments.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A joint Resolution

 

TO EXTEND CERTAIN GOVERNMENTal APPROVALS AFFECTING ECONOMIC DEVELOPMENT WITHIN THE STATE.

 

Whereas,  a state of economic emergency existed in the State of South Carolina and the nation, which  drastically affected various segments of the South Carolina economy; and

 

Whereas, the state of emergency for COVID-19 is no longer in effect; however, as a result of the  pandemic, the economy  experienced a decline, including reduced demand, canceled orders, declining sales and rentals, and layoffs; and

 

Whereas, the current national economic downturn has severely weakened several industries due to closures and a dearth of buyers during the COVID-19 pandemic, uncertainty over the state of the economy, and increasing levels of unemployment; and

 

Whereas, it is the purpose of this joint resolution to help rectify some of the hardships currently being faced through an extension of permits. Now, therefore,

 

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

 

SECTION 1.  This joint resolution must be known and may be cited as the "Permit Extension Joint Resolution of 2023".

 

SECTION 2.  As used in this resolution:

        (1)   "Department" means the South Carolina Department of Health and Environmental Control.

        (2)   "Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure or facility; or any grading, soil removal or relocation, excavation or landfill, or any use or change in the use of any building, other structure, land, or extension of the use of land.

        (3)   "Development approval" means an approval issued by the State, an agency or subdivision of the State, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity, including:

            (a)   a water or wastewater permit issued by the department, including authorization for construction and installation of lines and infrastructure extending water and sewer service and authorization to connect to available or proposed lines and infrastructure;

            (b)   a critical area permit issued by the department's Office of Ocean and Coastal Resource Management; and

            (c)   an air quality permit issued by the department.

 

SECTION 3.  This joint resolution is intended to apply retroactively. For development approval that is current and valid at any point during the period beginning January 1, 2020, and ending December 31, 2023, the running of the period of the development approval and any associated vested right is suspended during the period beginning January 1, 2020, and ending December 31, 2023.

 

SECTION 4.  This joint resolution may not be construed or implemented to:

        (1)   extend a permit or approval issued by the United States or its agencies or instrumentalities;

       (2)   extend a permit or approval issued by the department pursuant to authority delegated by the United States or its agencies or instrumentalities;

        (3)   extend a permit or approval for which the term or duration of the permit or approval is specified or determined pursuant to federal law;

        (4)   shorten the duration that a development approval would have had in the absence of this joint resolution;

        (5)   prohibit the granting of additional extensions provided by law;

        (6)   affect an administrative consent order issued by the department in effect or issued at any time from the effective date of this resolution to December 31, 2023;

        (7)   affect the ability of a governmental entity to revoke or modify a development approval pursuant to law;

        (8)   modify a requirement of law that is necessary to retain federal delegation by the State of the authority to implement a federal law or program;

        (9)   affect a Certificate of Need issued pursuant to Article 3, Chapter 7, Title 44 of the S.C. Code or a Demonstration of Need issued pursuant to Article 2, Chapter 96, Title 44 of the S.C. Code; or

        (10) affect SCDHEC-OCRM permits issued pursuant to R.30-12(N) Access to Coastal Islands.

 

SECTION 5.  Within thirty days after the effective date of this joint resolution, each agency or subdivision of the State to which this joint resolution applies shall place a notice in the State Register listing the types of development approvals that the agency or subdivision issues and noting the extension provided in this joint resolution. This SECTION does not apply to units of local government.

 

SECTION 6.  The provisions of this joint resolution must be liberally construed to effectuate the purposes of this joint resolution.

 

SECTION 7.  This joint resolution takes effect upon approval by the Governor.

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