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COMMITTEE REPORT
April 3, 2002
H. 4589
S. Printed 4/3/02--H.
Read the first time January 29, 2002.
To whom was referred a Bill (H. 4589) to amend Section 48-39-145, as amended, Code of Laws of South Carolina, 1976, relating to the application fee for a permit to alter a critical area, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT W. HARRELL, JR. for Committee.
REVENUE IMPACT 1/
This bill is expected to increase funds allocated to DHEC by $160,000 in FY 2002-03.
Explanation
This bill would allow the State Department of Health and Environmental Control (DHEC) to raise the administrative fee for noncommercial/nonindustrial permit applications to alter a "critical area" by at least $199, from no more than $51 to $250. Such Minor Critical Area Permits are required for construction plans that alter coastal waters, tidelands, beaches or the beach/dune system for personal benefit. The bill provides that subsequent fee changes may be made by regulation pursuant to the Administrative Procedures Act. Proceeds now go to DHEC earmarked funds.
A fee of $50 is now charged for a "minor" permit. Based on DHEC records, the BEA estimates approximately 800 minor critical area permits would apply in FY 2002-03. Multiplying 800 times the actual net increase of $200 per permit yields $160,000. Thus, this bill would raise DHEC earmarked funds by $160,000 in FY 2002-03.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-39-145(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A) The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must be charged pay an administrative fee not to exceed fifty-one of two hundred fifty dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature."
SECTION 2. This act takes effect upon approval by the Governor.
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