South Carolina General Assembly

115th Session, 2003-2004

H. 4354

STATUS INFORMATION

General Bill

Sponsors: Reps. Hagood, Littlejohn, Young, Chellis, Lourie, Miller and R.Brown

Document Path: l:\council\bills\gjk\20698sd03.doc

Companion/Similar bill(s): 788

Introduced in the House on June 3, 2003

Introduced in the Senate on February 24, 2004

Last Amended on February 18, 2004

Currently residing in the Senate

Summary: Infrastructure Priority Investment Act of 2003

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

6/3/2003 House Introduced and read first time HJ50

6/3/2003 House Referred to Committee on Judiciary HJ50

1/28/2004 House Member(s) request name added as sponsor: Chellis

2/4/2004 House Committee report: Favorable with amendment Judiciary HJ4

2/4/2004 House Member(s) request name added as sponsor: Lourie

2/5/2004 House Member(s) request name added as sponsor: Miller

2/5/2004 Scrivener's error corrected

2/10/2004 House Requests for debateRep(s).Loftis, White, Skelton, Tripp, Hamilton, Thompson and Chellis HJ18

2/10/2004 House Member(s) request name added as sponsor: R.Brown

2/11/2004 House Requests for debate removedRep(s).Loftis, Tripp, Hamilton, and Skelton HJ23

2/11/2004 House Amended HJ23

2/11/2004 House Requests for debateRep(s).Rice, Ott, Duncan, EH Pitts, Whipper, Freeman, Harrison, JE Brown, Govan, Mack, Clyburn, Lloyd, Lucas, Scarborough, Hagood, Lee, Coleman, Limehouse, Breeland, Weeks, Coates, Emory, Hinson, and Bales HJ26

2/12/2004 House Debate adjourned until Tuesday, February 17, 2004 HJ24

2/18/2004 House Amended HJ65

2/18/2004 House Read second time HJ68

2/18/2004 House Roll call Yeas71 Nays25 HJ68

2/19/2004 House Read third time and sent to Senate HJ45

2/19/2004 Scrivener's error corrected

2/24/2004 Senate Introduced and read first time SJ8

2/24/2004 Senate Referred to Committee on Judiciary SJ8

5/19/2004 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary SJ39

5/27/2004 Senate Minority report withdrawn SJ6

VERSIONS OF THIS BILL

6/3/2003

2/4/2004

2/5/2004

2/11/2004

2/18/2004

2/19/2004

5/19/2004

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 19, 2004

H.4354

Introduced by Reps. Hagood, Littlejohn, Young, Chellis, Lourie, R.Brown and Miller

S. Printed 5/19/04--S.

Read the first time February 24, 2004.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H.4354) to enact the “South Carolina Infrastructure Priority Investment Act of 2003” by amending Section 629510, Code of Laws of South Carolina, 1976, relating to, etc., respectfully

REPORT:

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

Amend the bill, as and if amended, page 3, line 29, by striking SECTION 3 in its entirety and inserting therein the following:

/ SECTION 3. This act takes effect upon approval by the Governor; however, for a local government that has adopted a local comprehensive plan in compliance with the provisions of Article 3 of Chapter 29 of Title 6 of the 1976 Code prior to the effective date of this act, failure of the local comprehensive plan to include the elements added by this act prior to the review and revision of the plan by the local planning commission as provided by law does not invalidate any local comprehensive plan or any zoning ordinances enacted pursuant to that plan. /

Renumber sections to conform.

Amend title to conform.

Majority favorable. Minority unfavorable.

LARRY A. MARTIN JOHN M. KNOTTS, JR.

For Majority. For Minority.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment of this bill would have no impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Reponses from the seven local governments responding indicate enactment would have no impact, or minimal impact, on expenditures.

Approved By:

Don Addy

Office of State Budget

[4354-1]

A BILL

TO ENACT THE “SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003” BY AMENDING SECTION 629510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.

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

SECTION 1. This act is known and may be cited as the “South Carolina Infrastructure Priority Investment Act of 2003”.

SECTION 2. Section 629510 of the 1976 Code, as added by Act 355 of 1994, is further amended to read:

“Section 629510. (A) The local planning commission shall develop and maintain a planning process which will result in the systematic preparation and continual reevaluation and updating of those elements considered critical, necessary, and desirable to guide the development and redevelopment of its area of jurisdiction.

(B) Surveys and studies on which planning elements are based must include consideration of potential conflicts with adjacent jurisdictions and regional plans or issues.

(C) The basic planning process for all planning elements must include, but not be limited to:

(1) inventory of existing conditions;

(2) a statement of needs and goals; and

(3) implementation strategies with time frames; and

(4) coordination with all adjacent and other relevant jurisdictions and agencies including, but not limited to, counties, municipalities, public service districts, school districts, public and private utilities, and transportation agencies.

(D) A local comprehensive plan must include, but not be limited to, the following planning elements:

(1) a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;

(2) an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;

(3) a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forest land, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(4) a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(5) a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and wastewater treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;

(6) a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing; and

(7) a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasipublic, recreation, parks, open space, and vacant or undeveloped;

(8) a priority investment element which establishes, through coordination with all adjacent and other relevant jurisdictions and agencies, priority investment areas which must be suitable areas in which development and community facilities are recommended to be directed. It is the intent of the General Assembly that local goverments develop market-based incentives to encourage private development in priority investment areas rather than areas not designated as priority investment areas on comprehensive plans; and

(9) a transportation element which considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network. This element shall be developed in coordination with item (7) of this subsection, the land use element, to ensure transportation efficiency for existing and planned development.

(E) All planning elements must be an expression of the planning commission recommendations to the appropriate governing bodies with regard to the wise and efficient use of public funds, the future growth, development, and redevelopment of its area of jurisdiction, and consideration of the fiscal impact on property owners. The planning elements whether done as a package or in separate increments together comprise the comprehensive plan for the jurisdiction at any one point in time. The local planning commission shall review the comprehensive plan or elements of it as often as necessary, but not less than once every five years, to determine whether changes in the amount, kind, or direction of development of the area or other reasons make it desirable to make additions or amendments to the plan. The comprehensive plan, including all elements of it, must be updated at least every ten years.”

SECTION 3. This act takes effect upon approval by the Governor.

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