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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators McElveen and Shealy
Document Path: l:\s-res\jtm\004land.sp.jtm.docx
Introduced in the Senate on January 12, 2021
Currently residing in the Senate Committee on Agriculture and Natural Resources
Summary: Not yet available
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 Agriculture and Natural Resources 1/12/2021 Senate Introduced and read first time (Senate Journal-page 222) 1/12/2021 Senate Referred to Committee on Agriculture and Natural Resources (Senate Journal-page 222)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO ENACT THE "SOUTH CAROLINA THIRTY-BY-THIRTY CONSERVATION ACT"; TO AMEND TITLE 48 OF THE 1976 CODE, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 61, TO ESTABLISH THE GOAL OF PROTECTING THIRTY PERCENT OF THE STATE OF SOUTH CAROLINA BY NOT LATER THAN 2030, TO ESTABLISH THE THIRTY-BY-THIRTY INTERAGENCY TASKFORCE, TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF PLANS BY STATE AGENCIES TO ACHIEVE THIS GOAL, AND TO PROVIDE REPORTING REQUIREMENTS.
Whereas, rapid land development in South Carolina has led to the loss of forestlands, farmlands, wildlife habitats, biodiversity, outstanding natural areas, beaches, and public areas for outdoor recreation and has impacted the health of the State's streams, rivers, wetlands, estuaries, and bays, all of which impacts the quality of life of the State's current and future citizens and may jeopardize the well-being of the State's environment and economy if not addressed appropriately; and
Whereas, this same rapid land development has also led to the loss of historical and archaeological sites that embody the heritage of the State; and
Whereas, this same rapid land development is occurring across the United States and across the world; and
Whereas, scientists have documented this rapid loss of natural area and wildlife, including the loss of 1,500,000 acres of natural area in the United States per year; the loss of 2,900,000,000, or twenty-nine percent of, North American birds since 1970; threats to approximately 12,000 plant and animal species in the United States, all of which are in need of proactive conservation efforts; and the loss of one-half of freshwater and saltwater wetlands in the contiguous forty-eight states; and
Whereas, scientists have recommended conserving and protecting thirty percent of the land and thirty percent of the ocean in each country by 2030 in order to address this deterioration of natural systems, loss of biodiversity, and rapid land development; and
Whereas, national leaders have introduced measures to commit the United States to protecting thirty percent of its lands and oceans by 2030; and
Whereas, in order to support national efforts and provide state leadership to address the deterioration of natural systems, loss of biodiversity, and rapid land development, South Carolina must establish a bold goal for the amount of land to be protected by the year 2030. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be known and may be cited as the "South Carolina Thirty-By-Thirty Conservation Act".
SECTION 2. Title 48 of the 1976 Code is amended by adding:
Section 48-61-10. It is the goal for the State of South Carolina to protect thirty percent of the State by not later than 2030.
Section 48-61-20. For the purposes of this chapter:
(1) 'Protect' or 'protection' means the establishment of enduring conservation measures on lands and waters in the State, such that their natural character, resources, and functions are protected for current and future generations.
(2) 'Taskforce' means the Thirty-By-Thirty Interagency Taskforce established by Section 48-61-30.
(3) 'Thirty percent of the State' means thirty percent of the real property, including highlands and wetlands of any description, within the State of South Carolina.
Section 48-61-30. (A) There is established the Thirty-By-Thirty Interagency Taskforce, consisting of the Director of the Department of Natural Resources, the Director of the South Carolina Conservation Bank, and the Director of the Department of Parks, Recreation and Tourism.
(B) The taskforce shall coordinate with state agencies to identify and implement measures to achieve the land and water protection goal pursuant to Section 48-61-10.
(C) The taskforce shall track progress toward achieving the land and water protection goal pursuant to Section 48-61-10 and shall annually report this progress to the General Assembly by July first.
Section 48-61-40. (A) The head of each state agency shall develop and implement a plan for actions to be taken by the state agency, consistent with the state agency's mission, to achieve, in combination with other state agencies, the land and water protection goal pursuant to Section 48-61-10. Each state agency's plan shall include actions that will make significant and rapid progress toward meeting this goal and shall include the consideration of:
(1) support for private land protection. In recognition of the longstanding conservation traditions shared by the State's farmers and private landowners, state agency plans shall fully support private property rights and develop recommendations that help the State's private landowners conserve wildlife, waters, and natural areas on their lands; and
(2) policies and programs focused on diversity. In recognition of the wide-ranging racial, gender, income, and cultural diversity of the State, state agency plans shall take all reasonable steps to ensure that state agency plans and the policies and programs resulting from state agency plans provide meaningful and lasting benefits to communities that reflect the diversity of the State.
(B) Not less frequently than every twenty-four months, the head of each state agency shall review and revise the plan to ensure that it is sufficient to achieve, in combination with the plans of the other state agencies, the land and water protection goal pursuant to Section 48-61-10. The head of each state agency shall include the conclusion of each review and any revised plan resulting from the review in the next annual report required pursuant to subsection (D).
(C) Upon the request of a state agency, the taskforce shall provide technical assistance in developing or revising a plan.
(D) Not later than July first of each year, each state agency shall issue a public report from the preceding calendar year of its plan, including any revisions to the plan; actions taken by the state agency pursuant to the plan; and the effects of such actions."
SECTION 3. (A) Not later than nine months after the date of enactment of this act, the head of each state agency shall submit his proposed plan pursuant to Section 48-61-40, as added by this act, to the Thirty-By-Thirty Interagency Taskforce for review and comment. The Thirty-By-Thirty Interagency Taskforce shall:
(1) evaluate the sufficiency of each proposed plan individually, and in combination with the proposed plans of other state agencies, to achieve the land and water protection goal pursuant to Section 48-61-10 and to address the considerations identified in Section 48-61-40(A); and
(2) provide, not later than ninety days after receiving the proposed plan of a state agency, written recommendations to the state agency regarding if the plan is individually, and in combination with the proposed plans of other state agencies, sufficient to achieve the land and water protection goal pursuant to Section 48-61-10 and to sufficiently address the considerations identified in Section 48-61-40(A).
(B) After the head of each state agency considers comments and, as appropriate, revises a proposed plan, and not later than twelve months after the date of enactment of this act, the head of each state agency shall submit to the General Assembly:
(1) a plan developed pursuant to Section 48-61-40(A) that, as appropriate, incorporates revisions to the proposed plan to address recommendations provided by the Thirty-By-Thirty Interagency Taskforce;
(2) the recommendations provided by the Thirty-By-Thirty Interagency Taskforce; and
(3) the recommendations of the state agency on any additional authority or funding, if any, that would be helpful for the state agency, in combination with the other state agencies, to achieve the land and water protection goal pursuant to Section 48-61-10.
(C) Beginning not later than eighteen months after the date of enactment of this act, the head of each state agency shall implement the plan of the state agency.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then 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 5. This act takes effect upon approval by the Governor.
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