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COMMITTEE REPORT
April 3, 2002
S. 926
Introduced by Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland
S. Printed 4/3/02--S. [SEC 4/4/02 4:06 PM]
Read the first time January 23, 2002.
To whom was referred a Joint Resolution (S. 926) to allow the South Carolina State Ports Authority to begin the permitting process as well as the environmental impact study for port expansion on Daniel Island, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the joint resolution, as and if amended, by striking all after the title and before the enacting words.
Amend the joint resolution further, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds and declares that the promotion of interstate and international commerce and transportation is a legitimate and necessary public purpose of this State which the General Assembly intends to accomplish by enacting the provisions of this joint resolution. The General Assembly further declares that it specifically intends the provisions of Section 3 as contained herein, which by general law prohibits a local political subdivision from impeding or preventing certain uses of former federal property through zoning or other means, to apply to any location on the west bank of the Cooper River identified by the State Ports Authority as a site for new terminal facilities if, at such locations, the acquisition of real property owned by the federal government or owned by a state instrumentality or redevelopment agency that received it from the federal government is required in conjunction with new terminal facilities.
It is the expressed intent of the General Assembly for the new terminal facilities on the west bank of the Cooper River as required in Section 2 to be completed by December 31, 2008, if possible. The State Ports Authority shall report at least annually to the General Assembly as to the status and progress of the permitting process.
SECTION 2. (A) The State Ports Authority is required to begin environmental impact studies and other required actions in regard to the permitting process to locate new terminal facilities on the west bank of the Cooper River at locations it determines appropriate and with a capacity in conformance with available land at the proposed location or locations. If the locations identified are on real property not owned by the State Ports Authority, the authority is also authorized to begin the process of acquiring such property. Upon completion of the permitting process, the State Ports Authority shall render a report to the General Assembly concerning the new terminal facilities which shall include a request for any state funding necessary to complete the projects and the form such funding is requested to take. The State Ports Authority must provide the General Assembly with a summary of criteria developed for use in delineating the needs, requirements, and specifications of port expansion. The permit application must be drawn in a manner that is comprehensive, fair, and open to all sites available on the west bank of the Cooper River, based on their particular attributes, and may not exclude or prejudice artificially or unreasonably the acceptance of any site. This subsection does not authorize or allow expansion on the east bank of the Cooper River or on the Wando side of Daniel Island.
(B) The South Carolina Department of Transportation, the Public Railways Division of the Department of Commerce, and the State Infrastructure Bank are directed to explore all potential opportunities for federal funding of the infrastructure enhancements for port expansion on the western side of the Cooper River.
(C) The State Budget and Control Board shall take appropriate steps to provide indemnification to the State Ports Authority board members from any personal liability related to their service on the board in regard to funding provided to the South Carolina Transportation Infrastructure Bank for the Cooper River Bridge.
SECTION 3. Notwithstanding the provisions of Section 6-29-770 of the 1976 Code or any other provision of law, a state agency or entity that acquires real property from the federal government or from a state instrumentality or redevelopment agency that received it from the federal government shall be permitted to use the property in the same manner the federal government was permitted to use the property. Further, the property in the hands of the state agency or entity shall be subject only to the same restrictions, if any, as it was in the hands of the federal government, and no county or municipality of this State by zoning or other means may restrict this permitted use or enjoyment of the property.
SECTION 4. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to read:
/ TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY. /
GREG RYBERG for Committee.
TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.
Whereas, the General Assembly acknowledges that the Port of Charleston and the South Carolina State Ports Authority are vital assets to the industrial development and economic welfare of the State; and
Whereas, the General Assembly acknowledges that the South Carolina State Ports Authority is critical to South Carolina's success in the global economy; and continued growth of the Port of Charleston is essential to businesses involved in international trade currently operating within the State as well as those interested in locating new facilities and bringing jobs to South Carolina; and
Whereas, the General Assembly acknowledges that additional new capacity is critically needed by the South Carolina State Ports Authority to service its existing customers and failure to respond positively and expeditiously to this need could seriously burden South Carolina's economic development opportunities; and
Whereas, failure by the General Assembly to make a decision regarding the expansion of terminal capacity at the Port of Charleston sends a negative signal to the international trading community and provides an opportunity for competitors of the State Ports Authority and South Carolina to lure away valuable customers, jobs, and businesses; and
Whereas, the General Assembly recognizes the inherent challenges between the need of the entire State of South Carolina to have an excellent state port in Charleston and the additional burden this places on the Charleston community; and
Whereas, the State Ports Authority and the maritime transportation industry truck traffic patterns for servicing the port of Charleston are a reflection of many factors, including the demands of the business community and the operating policies of the State Ports Authority; and
Whereas, an adjustment in the hours of operation of the State Ports Authority and other members of the maritime community may result in reducing congestion on the roads serving the port; and
Whereas, the General Assembly and the citizens of South Carolina expect the maximum utilization of public infrastructure facilities and resources and the economic benefits that may be derived from such uses, the State Ports Authority is hereby requested to thoroughly examine how it may expand hours of operations, particularly at all gate operations, and the impact these changes would have on the entities working within the maritime transportation industry and truck traffic patterns, and report its findings to the General Assembly by January 2, 2003; and
Whereas, the General Assembly recognizes the infrastructure needs surrounding Charleston, Berkeley, and Dorchester Counties and the impact the port expansion, along with the growth of tourism, places on the existing infrastructure; and
Whereas, the South Carolina State Infrastructure Bank has commissioned a study on the question of an intermodal port facility and related traffic issues surrounding the expansion of the Port of Charleston to be completed in January 2002; and
Whereas, the study should provide accurate information on the percentage of port-related truck and rail traffic in the Charleston area and the information should be shared with CHATS and the local communities and appropriate state agencies; and
Whereas, the General Assembly recognizes that a majority of existing port-related traffic from the Wando terminal could be removed from I-526 and traffic from the expansion on the Cooper River side of Daniel Island could be kept to a minimum on I-526 by providing an alternative route for truck traffic and improving the capacity of the existing highway infrastructure around the port; and
Whereas, the Department of Transportation, the Department of Commerce, including its Division of Public Railways and the State Ports Authority are working on possible alternatives to address infrastructure needs including restriping and widening a portion of I-526 to increase from four lanes to six which will increase the number of truck lanes capacity by forty percent; expanding and improving secondary roads from Daniel Island thus creating a new truck route and a critically-needed additional evacuation route out of Charleston County; and acquiring new rail and highway rights-of-way; and
Whereas, the long range needs of the import/export community for economic development in South Carolina should include the goal of the development of an intermodal facility significantly away from existing road and rail traffic congestion in the Charleston area; and
Whereas, a significant and growing percentage of port container traffic uses rail, and because the South Carolina State Ports Authority Wando Terminal does not have rail access, the acquisition of railroad rights-of-way should be acquired when purchasing highway rights-of-way; and
Whereas, the General Assembly recognizes the need to seek funding to enhance the infrastructure requirements of the Charleston community; the General Assembly encourages the South Carolina Department of Transportation, the Public Railways Division of the Department of Commerce, and the State Infrastructure Bank to seek all opportunities for the funding of these infrastructure enhancements including all potential federal opportunities for funding; and
Whereas, the State Ports Authority's waterfront property on the Wando side of Daniel Island should be restricted from future development as a port cargo terminal, and a portion, with road access, should be conveyed to a public entity for public recreational use; and
Whereas, the South Carolina State Ports Authority Board and the South Carolina State Infrastructure Bank have reached an agreement for funding on the Cooper River Bridge, including a twenty million dollar up-front payment for the Cooper River Bridge; and one million dollars each year for twenty-five years from the ports authority to the State Infrastructure Bank to use for infrastructure in the Charleston area in conjunction with port expansion; and
Whereas, the General Assembly recognizes the need for the ports authority board members to have personal liability indemnification in the discharge of their duties on the board; and
Whereas, the General Assembly recognizes that the South Carolina State Ports Authority is not requesting funding at this time for the expansion of the port on the Cooper River side of Daniel Island and has committed to the State to exhaust all funding mechanisms including private investments, joint partnerships, federal funds, competitively reasonable user fees, and other internal sources before making any requests for state funds; and
Whereas, the General Assembly recognizes that the failure to allow the South Carolina Ports Authority to take initial steps including seeking the appropriate permits to construct a facility on the Cooper River side of Daniel Island, seeking available funding from both federal and private sources, and doing the necessary testing and work to assure that the site will be acceptable will critically damage the competitive advantage that now exists for the Charleston port and the State of South Carolina in the global economy. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The South Carolina State Ports Authority may begin the permitting process as well as the environmental impact study for port expansion on property the authority owns located on the Cooper River side of Daniel Island. The South Carolina State Ports Authority, upon receipt of a permit, shall designate and convey a tract of waterfront land, with road access, on the Wando side of Daniel Island to a public entity for public recreational use. Any appropriations from the State of South Carolina necessary for the implementation of construction for the expanded port terminal facility must be approved by the General Assembly. This subsection constitutes the approval by the General Assembly required pursuant to Section 54-3-260 of the 1976 Code.
(B) The South Carolina Department of Transportation, the Public Railways Division of the Department of Commerce, and the State Infrastructure Bank are directed to explore all potential opportunities for federal funding of the infrastructure enhancements for port expansion.
(C) The State Budget and Control Board shall take appropriate steps to provide indemnification to the State Ports Authority board members from any personal liability related to their service on the board, including but not limited to, funding provided to the South Carolina Transportation Infrastructure Bank for the Cooper River Bridge.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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