Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-65.
(A) In making a staff decision on a
permit, license, certification, or other approval of a poultry
facility or another agricultural animal facility, except a swine
facility, pursuant to Section 44-1-60(D), or if the department
conducts a final review conference related to a decision on a
permit, license, certification, or other approval of a poultry
facility or another agricultural animal facility, except a swine
facility, pursuant to Section 44-1-60(F), the department shall
base its decision solely on whether the permit complies with the
applicable department regulations governing the permitting of
poultry and other agricultural animal facilities, other than
swine facilities.
(B) For purposes of
permitting, licensing, certification, or other approval of a
poultry facility or another agricultural animal facility, other
than a swine facility:
(1)
in addition to an applicant, permittee, and licensee, only
an affected person may request a final review conference
pursuant to Section 44-1-60(F);
(2)
only an affected person may request a contested case
hearing pursuant to Section 44-1-60(G);
(3)
in addition to an applicant, permittee, and licensee, only
an affected person may become a party to a final review
conference;
(4)
only an affected person may become a party to a contested
case hearing; and
(5)
in addition to an applicant, permittee, and licensee, only
an affected person is entitled as of right to be admitted as a
party pursuant to Section 1-23-310(5) of the South Carolina
Administrative Procedures Act.
(C)(1) In determining
whether to issue a permit, license, certification, or other
approval of a poultry facility or another agricultural animal
facility, except a swine facility, the department only may take
into consideration the existing development on and use of
property owned or occupied by an affected person on the date the
department receives the applicant's complete application package
as prescribed by regulation. The department must not take into
consideration any changes to the development or use of property
after receipt of the application including, but not limited to,
the construction of a residence.
(2)
If a property owner signs a setback waiver of the right to
contest the issuance of a permit, license, certification, or
other approval of a poultry facility or another agricultural
animal facility, except a swine facility, including waiver of
the right to notice and a public hearing on a permit, license,
certification, or other approval and to file a contested case or
other action, the affected person may not withdraw or rescind
the waiver.
(D) An applicant,
permittee, licensee, and an affected person who has exhausted
all administrative remedies within the department relating to a
decision to issue or deny a permit, license, certification, or
other approval of a poultry facility or another agricultural
animal facility, except a swine facility, and who is aggrieved
by a final decision is entitled to appeal the decision pursuant
to Section 1-23-380.
(E) For purposes of
this section, 'affected person' means a property owner with
standing within a one-mile radius of the proposed building
footprint or permitted poultry facility or other agricultural
animal facility, except a swine facility, who is challenging on
its own behalf the permit, license, certificate, or other
approval for the failure to comply with the specific grounds set
forth in the applicable department regulations governing the
permitting of poultry facilities and other agricultural animal
facilities, other than swine facilities."
SECTION 2. Section 44-1-60(A) of the 1976 Code is amended to read:
"(A) All
department decisions involving the issuance, denial, renewal,
suspension, or revocation of permits, licenses, or other actions
of the department which may give rise to a contested case
shall must be made using the procedures
set forth in this section. A department decision referenced
in this subsection relating to a poultry facility or another
agricultural animal facility, except a swine facility, also must
comply with the provisions of Section 44-1-65."
SECTION 3. Section 46-45-80 of the 1976 Code is amended to read:
"Section 46-45-80.
Any setback distances given in R. 61-43, Standards for
Permitting of Agricultural Animal Facilities, are minimum siting
requirements as established by the Department of Health and
Environmental Control. As long as the established setbacks
are achieved, the department may not require
additional setback distances on a case-by- case basis
considering the factors set forth in the regulation.
Such distances from property lines or residences may be
waived or reduced by written consent of the adjoining property
owners, or otherwise without consent of the adjoining
property owners, when there are innovative and alternative
technologies approved by the department pursuant to the
Innovative and Alternative Technologies Section of R.
61-43. All agricultural animal facilities affected by
these setback provisions must have a vegetative buffer between
the facility and the affected residence
person as established by DHEC unless otherwise agreed to
in writing by the adjoining landowners."
SECTION 4. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.