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A56, R35, H3505
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Shoopman, Simrill, Skelton, G.M. Smith, G.R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice
Document Path: l:\council\bills\gjk\20013sd07.doc
Introduced in the House on February 13, 2007
Introduced in the Senate on March 8, 2007
Last Amended on April 19, 2007
Passed by the General Assembly on April 25, 2007
Governor's Action: May 1, 2007, Signed
Summary: Jasper County port authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/13/2007 House Introduced and read first time HJ-12
2/13/2007 House Referred to Committee on Labor, Commerce and Industry
HJ-13
2/14/2007 House Member(s) request name added as sponsor: Hodges
2/28/2007 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-1
3/1/2007 House Requests for debate-Rep(s). Cato, Chellis, Scarborough,
Hagood, Stavrinakis, Leach, Hardwick, Skelton, Ott,
Thompson, Merrill, Weeks, Hinson, Young, Bales, and
Whipper HJ-23
3/1/2007 Scrivener's error corrected
3/6/2007 House Member(s) request name added as sponsor: Viers
3/7/2007 House Member(s) request name added as sponsor: Rice
3/7/2007 House Amended HJ-26
3/7/2007 House Read second time HJ-36
3/7/2007 House Roll call Yeas-80 Nays-35 HJ-36
3/8/2007 House Read third time and sent to Senate HJ-33
3/8/2007 Senate Introduced and read first time SJ-6
3/8/2007 Senate Referred to Committee on Transportation SJ-6
3/8/2007 Scrivener's error corrected
3/22/2007 Senate Committee report: Majority favorable with amend.,
minority unfavorable Transportation SJ-9
3/23/2007 Scrivener's error corrected
4/17/2007 Senate Special order, set for April 17, 2007 SJ-21
4/19/2007 Senate Committee Amendment Amended and Adopted SJ-43
4/19/2007 Senate Amended SJ-43
4/19/2007 Senate Read second time SJ-43
4/19/2007 Senate Unanimous consent for third reading on next legislative
day SJ-43
4/20/2007 Senate Read third time and returned to House with amendments
SJ-6
4/25/2007 House Concurred in Senate amendment and enrolled HJ-37
4/26/2007 Ratified R 35
5/1/2007 Signed By Governor
5/3/2007 Copies available
5/3/2007 Effective date 05/01/07
6/15/2007 Act No. 56
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/13/2007
2/28/2007
3/1/2007
3/7/2007
3/8/2007
3/22/2007
3/23/2007
4/19/2007
(A56, R35, H3505)
A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION, TO ESTABLISH THE SAVANNAH RIVER MARITIME COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES, AND TO ESTABLISH THE JASPER COUNTY PORT FACILITY INFRASTRUCTURE FUND AND FOR THE USE OF MONIES IN THE FUND.
Be it enacted by the General Assembly of the State of South Carolina:
Findings and intent
SECTION 1. (A) The General Assembly acknowledges that in the case of South Carolina State Ports Authority v. Jasper County, (368 S.C. 388, 629 S.E.2d 624) the South Carolina Supreme Court held that the South Carolina State Ports Authority had the superior right over Jasper County and other competing interests to develop new terminal facilities on the Savannah River in Jasper County, including the superior right to undertake condemnation of lands in South Carolina now owned by the State of Georgia needed for these new terminal facilities.
(B) The General Assembly by this joint resolution desires to enact legislation to augment the court's decision referenced above and further establish by statute a comprehensive plan and timetable for the creation and development of these new terminal facilities by the State Ports Authority.
Priority and suspense of condemnation actions
SECTION 2. (A) The State Ports Authority is directed to continue and bring to its earliest conclusion the condemnation action it has begun involving approximately one thousand eight hundred acres in Jasper County needed for these new terminal facilities.
(B) Notwithstanding any other provisions of law to the contrary or the holding of South Carolina State Ports Authority v. Jasper County (368 S.C. 388, 629 S.E.2d 624) giving it secondary authority to condemn, the power and authority of Jasper County to undertake any condemnation action regarding this approximately one thousand eight hundred acres in Jasper County or any other condemnation action in regard to the developing of terminal facilities in Jasper County is suspended for a period of three years from the effective date of this joint resolution.
Actions to be continued
SECTION 3. The State Ports Authority is directed to continue and complete the following actions begun before the effective date of this joint resolution in regard to these new terminal facilities:
(1) preparation of market feasibility studies;
(2) awarding of a contract for geotechnical analysis of the site; and
(3) upon receipt of the initial geotechnical work, completion of advance preliminary site analysis to preliminary engineering and design work.
Actions to be undertaken
SECTION 4. The State Ports Authority is directed to begin the following new undertakings upon final conclusion including all appeals of the condemnation action it has begun in Jasper County regarding the one thousand eight hundred acres referenced above:
( 1) within one hundred eighty days of the final conclusion, complete the site acquisition;
( 2) within one hundred eighty days of the final conclusion, complete the preliminary design work and update market demand forecasts;
( 3) following site acquisition, file for the necessary state and federal permits including hydrodynamics, navigation, and harbor draft studies;
( 4) upon filing of the permit application with the United States Army Corps of Engineers, undertake the hiring of an environmental consultant to produce the draft environmental impact statement;
( 5) adhere to the steps outlined within the National Environmental Policy Act process during all applicable phases;
( 6) secure a Department of Health and Environmental Control water quality permit;
( 7) secure a record of decision on the permit application;
( 8) within one hundred eighty days of receipt of the record of decision, conduct and complete detailed engineering and design work and terminal construction cost analysis;
( 9) within one hundred eighty days of receipt of the record of decision, determine the interest of customers of the State Ports Authority in regard to participating in the development and construction of the new Jasper County Ports Facility;
(10) upon completion of the engineering and design work, initiate soil consolidation and other preconstruction requirements;
(11) upon completion of the site preparation, proceed with construction of the port facility, and incorporate the terminal design needs of the private sector in the terminal development; and
(12) the terminal construction phase shall be complimented by all necessary supporting infrastructure construction such as roads, rail, water, sewer, and other utilities required to be undertaken by entities other than the State Ports Authority and coordinate and cooperate with these entities in these other construction requirements.
Notification required
SECTION 5. The General Assembly recognizes that the actions required to be undertaken and completed by the State Ports Authority under this joint resolution are subject to a number of contingencies, including actions by federal and state agencies beyond the control of the State Ports Authority and the availability or appropriation of sufficient state or other funding. The General Assembly therefore provides that if a particular action or undertaking cannot be completed within the time lines provided in this joint resolution, the State Ports Authority is required to notify the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Executive Director of the State Budget and Control Board, the Chairman of Jasper County Council, and the Chairman of the Savannah River Maritime Commission in writing at least thirty days before the required completion date of the anticipated inability of the State Ports Authority to complete the action and the reasons for the anticipated inability to complete the requirement by the stipulated completion date.
Savannah River Maritime Commission
SECTION 6. (A) In addition to the above provisions of this joint resolution, a commission to be known as the Savannah River Maritime Commission is hereby established to represent this State in all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels. The commission as an instrumentality of this State is empowered to negotiate on behalf of the State of South Carolina and enter into agreements with the State of Georgia, the United States Army Corps of Engineers, and other involved parties in regard to the above which bind the State of South Carolina; provided, however, that any such agreements which require state funding are subject to the funding being provided by the General Assembly in a general or supplemental appropriations act or in a bond bill.
(B) The commission shall be composed of twelve members as follows:
( 1) the Governor or his designee;
( 2) the Speaker of the House of Representatives or his designee;
( 3) the President Pro Tempore of the Senate or his designee;
( 4) the Attorney General of South Carolina or his designee;
( 5) the Chairman of the Board of Health and Environmental Control to serve ex officio or his designee;
( 6) the Chairman of the Board of Natural Resources to serve ex officio or his designee;
( 7) the Chairman of the State Ports Authority to serve ex officio or his designee;
( 8) the Chairman of the Senate Finance Committee or his designee;
( 9) the Chairman of the Senate Transportation Committee or his designee;
(10) the Chairman of the House Ways and Means Committee or his designee;
(11) the Chairman of the House Education and Public Works Committee or his designee; and
(12) one resident of Jasper County appointed by the Jasper County Council to serve at the pleasure of the council.
The Governor or his designee shall serve as chairman of the commission.
(C) Any state, county, or municipal officeholder named or designated to serve on the commission shall serve ex officio. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this commission as the designee of an appointing official.
(D) Professional and clerical services for the commission must be provided by the staff of the Attorney General's office and supplemented by the staffs of other public officials serving on the commission as required by the commission.
(E) Members serving on the commission shall receive such mileage, subsistence, and per diem as is provided by law for members of state boards, commissions, and committees when engaged in the exercise of their duties as members of the commission to be paid from their approved accounts or the approved accounts of their appointing authority.
(F) Except as provided below, nothing in this section shall supersede the authority of other state agencies, departments, or instrumentalities including the Department of Natural Resources, the Department of Health and Environmental Control, or the State Ports Authority to exercise all powers, duties, and functions within their responsibilities as provided by law. However, on an interstate basis and specifically in regard to the State of Georgia, the responsibilities granted to the Savannah River Maritime Commission in this joint resolution supersede any other concurrent responsibilities of a particular state agency or department. Any requirements for permitting and constructing new terminal facilities on the Savannah River in Jasper County are declared not to be the responsibility of this commission, except as they may relate to this state's responsibility for the navigability or depth of the South Carolina portion of the Savannah River.
(G) The Savannah River Maritime Commission established herein shall exist for a period of twenty-five years after the effective date of this joint resolution and may be continued for additional periods as provided by the General Assembly by law.
Jasper County Port Facility Infrastructure Fund
SECTION 7. There is created the Jasper County Port Facility Infrastructure Fund. The fund shall be used for expenses and administrative fees incurred by the county relative to the county's infrastructure and service provision requirements related to the Jasper County Port Facility.
Severability
SECTION 8. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this joint resolution 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 joint resolution, the General Assembly hereby declaring that it would have passed this joint resolution, 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.
Time effective
SECTION 9. This joint resolution takes effect upon approval by the Governor.
Ratified the 26th day of April, 2007.
Approved the 1st day of May, 2007.
This web page was last updated on Wednesday, December 2, 2009 at 3:39 P.M.