Reference is to Printer's Date 3/7/17-H.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 31 of the 1976 Code is amended by adding:
Section 31-24-110. The General Assembly finds that manufacturing and industrial operations are a vital part of the economy of South Carolina, and that it is in the best interests of the State to induce the retention, location, expansion, and improvement of manufacturing, processing, distribution, warehousing, and technology intensive projects within the State. The General Assembly recognizes that, when nonindustrial land uses extend into industrial areas, manufacturing or industrial facilities may become the subject of nuisance suits despite having located first in time. As a result, such facilities may be forced to cease operations or may be discouraged from making investments or improvements to their facilities. It is the intent of the General Assembly to reduce the loss to the State of its manufacturing and industrial resources by limiting the circumstances under which a manufacturing or industrial facility may be deemed to be a nuisance when such plaintiffs came to the nuisance, and it is the General Assembly's intent to generally codify the common law doctrine of 'coming to the nuisance' to promote economic development.
Section
31-24-120. For purposes of this chapter:
(1) 'Manufacturing or
industrial facility' means any facility that operates under
North American Industry Classification System codes 31-33
(Manufacturing) and 48-49 (Transportation and Warehousing)
including, but not limited to, any land, building, structure,
pond, impoundment, appurtenance, machinery, or equipment used
for manufacturing, processing, distribution, warehousing, and
technology intensive operations.
(2) 'Expansion' means
the increase of physical footprint of a facility and does not
include any operational changes to a facility including, but not
limited to, a change in time of operations, a change in process,
or a change of product.
(3) 'Reasonably expand'
means the increase of the physical footprint of a facility by no
more than a total of fifty percent within a period of five
years.
(4) 'Temporary
cessation' means a facility that ceases to operate for twelve
months or less.
(5) 'Diminishing the
size' means a reduction in the physical footprint of a facility
or reduction in the quantity of outputs produced.
Section
31-24-130. (A) A manufacturing or industrial facility, or expansion of such a facility, may not be found to be a public or private nuisance by reason of the operation of that facility if the manufacturing or industrial facility is operating pursuant to the issuance of requisite licenses, permits, certifications, or authorizations under applicable federal and state environmental law only if such licenses, permits, certifications, or authorizations establish enforceable requirements for noise, odor, light, and other public and private nuisance claims.
(B) No person or entity
who purchases property or initiates change in the land use of a
property within one quarter mile of an existing manufacturing or
industrial facility within the meaning of this chapter after
that facility has commenced operation shall have standing to
bring a private or public nuisance claim if the facility is
operating pursuant to subsection (A).
(C) A manufacturing or
industrial facility protected pursuant to the provisions of this
section may reasonably expand its operation or facilities
without losing its protected status if all county, municipal,
state, and federal environmental codes, laws, or regulations are
met by the manufacturing or industrial operation only if the
licenses, permits, certifications, or authorizations issued
under these codes, laws, or regulations establish enforceable
requirements for noise, odor, light, and other public and
private nuisance claims. This protected status of a
manufacturing or industrial facility, once acquired:
(1)
is assignable, alienable, and inheritable to the extent
that the licenses, permits, certifications, or authorizations
for the existing manufacturing facility are assignable,
alienable, and inheritable; and
(2)
may not be waived by the temporary cessation of operation
or by diminishing the size of the operation as defined by this
Chapter.
Section 31-24-140. A city, county, taxing district, or other political subdivision of this State may not adopt an ordinance or resolution that declares a manufacturing or industrial facility, or an expansion of such a facility, that is operated in accordance with this chapter to be a nuisance, nor may a zoning ordinance that forces the closure of a manufacturing or industrial facility be adopted. Such an ordinance is void and has no force or effect.
Section 31-24-150. The provisions of this chapter may not be construed to modify a provision of existing statutory eminent domain or environmental law.
Section 31-24-160. The provisions of this chapter do not apply to nuisance actions commenced within one year after the effective date of this chapter, but no nuisance actions may be commenced on or after one year after the effective date of this act."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.