A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 61 TO TITLE 48 SO AS TO ESTABLISH THE "SOUTH CAROLINA PROTECTED LANDS AND CONSERVATION COORDINATION ACT"; TO PROVIDE DEFINITIONS; TO RECOGNIZE CONSERVATION OF NATURAL RESOURCES AS AN IMPORTANT STATE INTEREST; TO ESTABLISH A STATEWIDE PROTECTED LAND BENCHMARK; AND TO PROVIDE FOR COORDINATION OF LAND PROTECTION PROJECTS AND ANNUAL REPORTING TO THE GENERAL ASSEMBLY.

 

Whereas, South Carolina's natural resources, including forests, farmlands, wetlands, wildlife habitats, beaches, and coastal areas, are vital to the State's environmental health, economic vitality, agricultural productivity, and quality of life; and

 

Whereas, continued growth and rapid land development in South Carolina place increasing pressure on natural resource preservation, and have affected the health of the State's streams, rivers, wetlands, water quality, wildlife habitats, and working lands, all of which impacts the quality of life of the State's current and future citizens; and

 

Whereas, conservation of these resources is achieved through a combination of public and private efforts, voluntary landowner participation, agency programs, and local initiatives; and

 

Whereas, coordination among state agencies promotes the efficient use of public funds and strengthens conservation outcomes while respecting private property rights; and

 

Whereas, voluntary conservation easements on private lands provide a cost-effective means of protecting working lands and natural resources and are an important tool for advancing landscape-scale conservation across the State. Now, therefore:

 

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

 

SECTION 1.  This act may be cited as the "South Carolina Protected Lands and Conservation Coordination Act."

 

SECTION 2.  Title 48 of the S.C. Code is amended by adding:

 

CHAPTER 61

 

South Carolina Protected Lands and Conservation Coordination Act

 

    Section 48-61-100. For purposes of this chapter:

    (1) "Land protection project" means an acquisition of interest in land for natural resource protection, rural land preservation, or other conservation purposes including, but not limited to, conservation easements.

    (2) "Protected land" includes privately owned land subject to long-term conservation status through a recorded conservation easement or other legal mechanism, as well as publicly held fee simple properties that are permanently designated for agricultural, forestry, wildlife, wetlands, or working farm use. "Protected land" does not require public ownership or public access.

    (3) "Resource agency" means the South Carolina Department of Natural Resources; the South Carolina Conservation Bank; the South Carolina Forestry Commission; the South Carolina Department of Parks, Recreation and Tourism; and the South Carolina Office of Resilience.

 

    Section 48-61-110. It is the policy of this State to recognize the conservation of natural resources as an important state interest and to encourage resource agencies, consistent with their statutory authority and missions, to support conservation through planning, grant program administration, land management, and voluntary landowner partnerships, and activities that contribute to the establishment of protected land. Nothing in this chapter may be construed to authorize the regulation of private property beyond statutory authority, require the acquisition of private land, or diminish private property rights.

 

    Section 48-61-120. (A) The General Assembly recognizes that approximately three million four hundred thousand acres of land in this State are currently protected through conservation easements, public ownership, and other legally enforceable conservation mechanisms.

    (B) It is the long-range goal of the State to increase protected land to seven million acres by the year 2050, representing roughly one third of the State's land area. This benchmark is intended solely for purposes of long-term planning, performance measurement, and evaluation of conservation trends and does not create a legal requirement, mandate, or entitlement.

    (C) Progress toward the benchmark described in subsection (B) shall be measured based on acres of protected land established or enhanced through voluntary conservation mechanisms and within statutory authority and available resources.

    (D) Nothing in this section may be construed to require the acquisition of private land or interests in land, authorize regulatory restrictions on private property beyond the law, or obligate the General Assembly to appropriate funds.

 

    Section 48-61-130. (A) Prior to entering into contracts that utilize funds appropriated or authorized by the General Assembly for land protection projects, each resource agency shall coordinate and collaborate with one another to maximize the most cost-effective options available and to achieve the greatest public benefit. The resource agencies shall coordinate with each other to ensure that funds are used for land protection projects support the acquiring agency's statutory objectives and do not substantially encroach upon another resource agency's statutory objectives, the State's broader conversation objectives, and that demonstrate a satisfactory degree of financial leverage, partnerships, and other indicators of quality as jointly determined by the resource agencies.

    (B) In addition to the requirements in subsection (A), the coordination and collaboration of resource agencies also must include, but are not limited to:

       (1) quarterly coordination and planning meetings to coordinate on projects and ensure compliance with the law;

       (2) consideration of voluntary conservation easement versus fee acquisition strategies for a proposed land protection project;

       (3) evaluation of a proposed land protection project's importance for natural resource protection, historic resource protection, flood mitigation, agricultural resource protection, and other applicable cobenefits;

       (4) consideration of public access where appropriate and consistent with private ownership; and

       (5) identification of funding sources for each proposed land protection project.

    (C)(1) In conjunction with each resource agency's annual budget request, each resource agency shall certify in writing to the Executive Budget Office that its requests for land protection projects comply with the requirements of this section. Copies of this certification must be provided contemporaneously to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee.

       (2) No later than August fifteenth of each year, the Executive Budget Office shall provide a report to the General Assembly that identifies:

           (a) land protection project properties acquired during the prior fiscal year;

           (b) funding sources used for each acquisition;

           (c) any reductions in the State's basis in the property including, but not limited to, below-market conveyances and grant funding; and

           (d) the resource agency responsible for long-term management of the land protection project.

    (D) Land protection projects must comply with the approval requirements of the Joint Bond Review Committee and the State Fiscal Accountability Authority, as applicable. Each resource agency participating in a land protection project and the Conservation Bank shall submit compliance certifications as required.

 

SECTION 3.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, 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 4.  This act takes effect upon approval by the Governor.

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