H*4743(Rat #0386, Act #0358 of 2008)  General Bill, By Mitchell, Davenport, 
Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, 
Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges
 AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR
 MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD
 TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE
 TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE
 ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT
 FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE
 HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO
 SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION
 6-11-175 SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING
 PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A
 DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION
 OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR
 PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE
 COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION
 OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY
 WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND
 LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL
 CHAPTER 33, TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR
 COUNTIES. - ratified title

   02/21/08  House  Introduced and read first time HJ-6
   02/21/08  House  Referred to Committee on Ways and Means HJ-6
   03/25/08  House  Member(s) request name added as sponsor: Knight
   04/02/08  House  Committee report: Favorable with amendment Ways
                     and Means HJ-4
   04/03/08  House  Member(s) request name added as sponsor: Hodges
   04/03/08  House  Amended HJ-33
   04/03/08  House  Read second time HJ-35
   04/03/08  House  Unanimous consent for third reading on next
                     legislative day HJ-35
   04/04/08  House  Read third time and sent to Senate HJ-1
   04/09/08  Senate Introduced and read first time SJ-10
   04/09/08  Senate Referred to Committee on Finance SJ-10
   05/28/08  Senate Committee report: Favorable Finance SJ-16
   05/29/08  Senate Read second time SJ-40
   06/03/08  Senate Amended SJ-26
   06/03/08  Senate Read third time and returned to House with
                     amendments SJ-26
   06/04/08  House  Concurred in Senate amendment and enrolled HJ-51
   06/05/08         Ratified R 386
   06/11/08         Vetoed by Governor
   06/25/08  House  Veto overridden by originating body Yeas-86  Nays-19
   06/25/08  Senate Veto overridden Yeas-35  Nays-7
   07/10/08         Copies available
   07/10/08         Effective date 06/25/08
   07/14/08         Act No. 358

(A358, R386, H4743)

AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, BOTH SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION 6-11-175 SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL CHAPTER 33, OF TITLE 6 RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.

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

Term revised

SECTION    1.    Section 31-6-30(6) of the 1976 Code is amended to read:

"(6)    'Redevelopment project' means any buildings, improvements, including street, road, and highway improvements, water, sewer and storm drainage facilities, parking facilities, tourism and recreation-related facilities, energy production or transmission infrastructure, communications technology, and public transportation infrastructure including, but not limited to, rail and airport facilities. Any project or undertaking authorized under Section 6-21-50 also may qualify as a redevelopment project under this chapter. All the projects are to be publicly owned. A redevelopment may be located outside of the redevelopment area provided the municipality makes specific findings of benefit to the redevelopment project area and the project area is located within the municipal limits. A redevelopment project for purposes of this chapter also includes affordable housing projects where all or a part of new property tax revenues generated in the tax increment financing district are used to provide or support publicly owned affordable housing in the district or is used to provide infrastructure projects to support privately owned affordable housing in the district. The term 'affordable housing' as used herein means residential housing for rent or sale that is appropriately priced for rent or sale to a person or family whose income does not exceed eighty percent of the median income for the local area, with adjustments for household size, according to the latest figures available from the United States Department of Housing and Urban Development (HUD)."

Term revised

SECTION    2.    Section 31-7-30(7) of the 1976 Code is amended to read:

"(7)    'Redevelopment project' means any buildings, improvements, including street, road, and highway improvements, water, sewer and storm drainage facilities, parking facilities, tourism and recreation-related facilities, energy production or transmission infrastructure, communications technology, and public transportation infrastructure including, but not limited to, rail and airport facilities. Any project or undertaking authorized under Section 6-21-50 also may qualify as a redevelopment project under this chapter. All the projects are to be publicly owned. A redevelopment project for purposes of this chapter also includes affordable housing projects where all or a part of new property tax revenues generated in the tax increment financing district are used to provide or support publicly owned affordable housing in the district or is used to provide infrastructure projects to support privately owned affordable housing in the district. The term 'affordable housing' as used herein means residential housing for rent or sale that is appropriately priced for rent or sale to a person or family whose income does not exceed eighty percent of the median income for the local area, with adjustments for household size, according to the latest figures available from the United States Department of Housing and Urban Development (HUD)."

Public meeting required

SECTION    3.    Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-175.    Prior to beginning to construct an elevated water storage facility, the district must hold a public meeting to explain the details of the project and take comments from members of the public. The district must advertise in a newspaper of general circulation in the district the time and place of the meeting and the general nature and scope of the proposed project. The notice must be published on two occasions prior to the meeting, and at least ten days prior to the meeting."

Term revised

SECTION    4.    Section 6-11-1220(a) of the 1976 Code is amended to read:

"(a)    The term 'district' shall mean any rural water district organized under Chapter 13 of Title 6, special purpose district, or public service district now existing or hereafter created by an act of the General Assembly now or from time to time exercising the power to construct and operate sewer collection, disposal, and treatment facilities;"

Service and rates

SECTION    5.    Article 1, Chapter 13, Title 6 of the 1976 Code is amended by adding:

"Section 6-13-15.    (A)(1)    A rural water district established pursuant to this chapter prior to March 7, 1973, may provide sewer service to the area within its boundaries and its legal service area if, prior to the district utilizing the provisions of this section:

(a)    the district's board has been selected from an area that encompasses the boundaries and the entire legal service area to which service has been extended by the district;

(b)    the district has received permission, by written resolution, from the governing body of the county in which the district is located; and

(c)    the provision of sewer service authorized by this section is consistent with any comprehensive plan or land use plan adopted pursuant to Chapter 29 of Title 6.

(2)    A rural water district established pursuant to this chapter prior to March 7, 1973, utilizing the provisions of this section, must not provide sewer service to:

(a)    areas outside the district's boundaries and legal service area at the time the district's governing body determines to utilize the provisions of this section; or

(b)    those parts of the area within the district's boundaries and legal service area where sewer service is being provided by another private or governmental entity at the time the district's governing body determines to utilize the provisions of this section.

(B)    The water district may build, acquire, construct, operate, and maintain sewage collection, treatment, and disposal facilities or contract for the use of any facilities as are, in the opinion of the governing body of the water district, necessary for the district. The district may impose such schedule of rates and charges for the use of sewage collection, treatment, and disposal facilities as the governing body of the district shall from time to time approve. The governing body of the district may place into effect and revise, whenever it wishes or is required, a schedule of rates for the sewer service made available by it to persons, firms, and corporations within the district. The powers of the district granted in Section 6-13-50 shall apply to the provision of sewer service by the district except for Section 6-13-50(23).

(C)    Unless they are owned by another political subdivision or other entity, the treatment and disposal facilities, transmission and collection lines, pump stations and their several component parts, and all other apparatus, equipment, and property incident to the provision of sewer service or used or useful in the provision of sewer service and all additions, improvements, extensions, and enlargements to any of them shall constitute a portion of the system belonging to the water district.

(D)    The powers provided to a water district by this section are in addition to all other powers authorized by law."

Repeal

SECTION    6.    Chapter 33, Title 6 of the 1976 Code is repealed.

Time effective

SECTION    7.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Vetoed by the Governor -- 6/11/08.

Veto overridden by House -- 6/25/08.

Veto overridden by Senate -- 6/25/08.