A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "COMMUNITY IMPACT AND OPPORTUNITY ASSESSMENT ACT" by adding section 6-29-970 SO AS TO DEFINE TERMS, REQUIRE COMMUNITY IMPACT ASSESSMENTS, REQUIRE LOCAL GOVERNMENTS TO ASSIGN THE RESPONSIBILITY FOR CONDUCTING COMMUNITY IMPACT ASSESSMENTS, REQUIRE TRANSPARENCY AND COMMUNITY ENGAGEMENT, AND TO PROVIDE STATEWIDE GUIDANCE.

 

Whereas, zoning, land use, and housing development decisions can have long-term effects on local infrastructure, housing affordability, taxpayer investment, and community stability; and

 

Whereas, responsible growth requires that local governments consider how proposed developments affect residents who are vulnerable to displacement or lack access to economic opportunity. Now, therefore,

 

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

 

SECTION 1.  This act may be cited as the "Community Impact and Opportunity Assessment Act."

 

SECTION 2.  Article 5, Chapter 29, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-29-970.  (A) For purposes of this section:

       (1) "Community Impact Assessment" means a written review that evaluates how a proposed land use or housing action will affect existing residents, public services, and community access to opportunity.

       (2) "Impact populations" include:

           (a) low-to moderate-income residents;

           (b) renters in areas undergoing rapid development;

           (c)  seniors and disabled individuals on fixed incomes; and

           (d) long-term residents of historically underserved communities.

       (3) "Covered action" means any proposed action by a local government that:

           (a) changes zoning classifications or land use designations;

           (b) approves a residential or mixed-use development project of more than ten units or ten thousand square feet;

           (c) disposes of publicly owned land for private development; or

           (d) alters housing or land use policies that may affect affordability, accessibility, or community displacement.

    (B) Before a covered action is approved by a planning commission, local council, zoning board, or related body, a community impact assessment must be completed. The assessment must:

       (1) determine whether impacted populations live in the affected area;

       (2) evaluate the potential for:

           (a) increased or decreased access to affordable housing;

           (b) indirect or direct residential displacement;

           (c) increased burden on existing infrastructure or public services; and

           (d) expansion or restriction of access to jobs, transportation, education, and essential services; and

       (3) propose any strategies or recommendations to minimize harmful impacts and support community stability and opportunity.

    (C) Each local government must assign responsibility for conducting or reviewing community impact assessments to its existing planning or community development department of an external planning or policy consultant approved by the local government. The local government must ensure community impact assessments are conducted by trained staff or qualified professionals with knowledge in land use, housing, and public service planning.

    (D) A community impact assessment must be:

       (1) published online with other development documents;

       (2) included in public meeting agendas or packets; and

       (3) presented at public hearings on the proposed development action.

    (E) Local governments must make reasonable efforts to:

       (1) notify residents and community groups in the affected areas;

       (2) offer opportunities for public comment and dialogue; and

       (3) document feedback received and how it influenced final decisions.

    (F) The South Carolina Department of Commerce, in coordination with the Municipal Association of South Carolina and the South Carolina Association of Counties, must:

       (1) develop and distribute model templates and best practices for conducting community impact assessments;

       (2) provide technical assistance to local governments; and

       (3) collect voluntary reports from local governments on use of this process, challenges, and measurable community outcomes.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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