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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Rankin and Loftis
Document Path: l:\s-res\lar\001perm.kmm.lar.docx
Introduced in the Senate on January 12, 2021
Introduced in the House on March 8, 2022
Last Amended on May 5, 2022
Currently residing in conference committee
Summary: Economic development
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2020 Senate Prefiled 12/9/2020 Senate Referred to Committee on Judiciary 1/12/2021 Senate Introduced and read first time (Senate Journal-page 97) 1/12/2021 Senate Referred to Committee on Judiciary (Senate Journal-page 97) 4/6/2021 Senate Referred to Subcommittee: Talley (ch), Hutto, Matthews, Climer, Senn, Cash, Harpootlian 2/11/2022 Senate Referred to Subcommittee: Talley (ch), Hutto, Sabb, Matthews, Climer, Senn, Cash 2/23/2022 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 6) 2/24/2022 Scrivener's error corrected 3/2/2022 Senate Committee Amendment Adopted (Senate Journal-page 13) 3/2/2022 Senate Read second time (Senate Journal-page 13) 3/2/2022 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 13) 3/3/2022 Scrivener's error corrected 3/3/2022 Senate Read third time and sent to House (Senate Journal-page 16) 3/8/2022 House Introduced and read first time 3/8/2022 House Referred to Committee on Ways and Means (House Journal-page 5) 4/28/2022 House Committee report: Favorable Ways and Means (House Journal-page 11) 5/5/2022 House Amended (House Journal-page 73) 5/5/2022 House Read second time (House Journal-page 73) 5/5/2022 House Roll call Yeas-103 Nays-1 (House Journal-page 75) 5/10/2022 House Read third time and returned to Senate with amendments (House Journal-page 19) 5/11/2022 Senate Non-concurrence in House amendment (Senate Journal-page 44) 5/11/2022 House House insists upon amendment and conference committee appointed Reps. Willis, Jordan, Wheeler (House Journal-page 300) 5/12/2022 Senate Conference committee appointed Talley, Climer, Sabb (Senate Journal-page 40)
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VERSIONS OF THIS BILL
May 5, 2022
S. Printed 5/5/22--H.
Read the first time March 8, 2022.
TO EXTEND CERTAIN GOVERNMENT APPROVALS AFFECTING ECONOMIC DEVELOPMENT WITHIN THE STATE.
Amend Title To Conform
Whereas, there exists a state of economic emergency in the State of South Carolina and the nation, which has drastically affected various segments of the South Carolina economy; and
Whereas, as a result of the COVID-19 pandemic, the economy has experienced a decline, including reduced demand, canceled orders, declining sales and rentals, and layoffs; and
Whereas, the current national economic downturn has severely weakened several industries due to closures and a dearth of buyers during the COVID-19 pandemic, uncertainty over the state of the economy, and increasing levels of unemployment; and
Whereas, it is the purpose of this joint resolution to help rectify some of the hardships currently being faced through an extension of permits. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This joint resolution must be known and may be cited as the "Permit Extension Joint Resolution of 2022".
SECTION 2. As used in this resolution:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'Development' means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure or facility; or any grading, soil removal or relocation, excavation or landfill, or any use or change in the use of any building, other structure, land, or extension of the use of land.
(3) 'Development approval' means an approval issued by the State, an agency or subdivision of the State, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity, including:
(a) a coastal zone consistency certification issued by the department's Office of Ocean and Coastal Resource Management;
(b) a water or wastewater permit issued by the department, including authorization for construction and installation of lines and infrastructure extending water and sewer service and authorization to connect to available or proposed lines and infrastructure;
(c) a critical area permit issued by the department's Office of Ocean and Coastal Resource Management; and
(d) an air quality permit issued by the department.
SECTION 3. This joint resolution is intended to apply retroactively. For development approval that is current and valid at any point during the period beginning December 1, 2016, and ending December 31, 2023, the running of the period of the development approval and any associated vested right is suspended during the period beginning December 1, 2016, and ending December 31, 2023.
SECTION 4. This joint resolution may not be construed or implemented to:
(1) extend a permit or approval issued by the United States or its agencies or instrumentalities;
(2) extend a permit or approval issued by the department pursuant to authority delegated by the United States or its agencies or instrumentalities;
(3) extend a permit or approval for which the term or duration of the permit or approval is specified or determined pursuant to federal law;
(4) shorten the duration that a development approval would have had in the absence of this joint resolution;
(5) prohibit the granting of additional extensions provided by law;
(6) affect an administrative consent order issued by the department in effect or issued at any time from the effective date of this resolution to December 31, 2023;
(7) affect the ability of a governmental entity to revoke or modify a development approval pursuant to law or the issued permit;
(8) modify a requirement of law that is necessary to retain federal delegation by the State of the authority to implement a federal law or program;
(9) affect a Certificate of Need issued pursuant to Article 3, Chapter 7, Title 44 of the 1976 Code or a Demonstration of Need issued pursuant to Article 2, Chapter 96, Title 44 of the 1976 Code; or
(10) affect SCDHEC-OCRM permits issued pursuant to R.30-12(N) Access to Coastal Islands.
SECTION 5. Within thirty days after the effective date of this joint resolution, each agency or subdivision of the State to which this joint resolution applies shall place a notice in the State Register listing the types of development approvals that the agency or subdivision issues and noting the extension provided in this joint resolution. This SECTION does not apply to units of local government.
SECTION 6. The provisions of this joint resolution must be liberally construed to effectuate the purposes of this joint resolution.
SECTION 7. This joint resolution takes effect upon approval by the Governor.
This web page was last updated on May 16, 2022 at 12:59 PM