Senate Agriculture & Natural Resources Committee Amendment
H 3951 - Session 125 (2023-2024)
Working Agricultural Lands Preservation

The Committee on Agriculture and Natural Resources proposes the following amendment (SFGF-3951.BC0017S):

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

SECTION X.A. Section 12-24-90(B) of the S.C. Code is amended to read:

 (B) The state fee must be credited as follows:
  (1) ten cents of each one dollar thirty cents into the Heritage Land Trust Fund;
  (2) twenty cents of each one dollar thirty cents into the South Carolina Housing Trust Fund; and
  (3) twenty-five cents of each one dollar thirty cents into the South Carolina Conservation Bank Trust Fund; and
  (4) one dollarseventy-five cents of each one dollar thirty cents into the general fund of the State.

B.  This section takes effect July 1, 2024.

SECTION X. Section 48-59-40 (A) and (B) of the S.C. Code is amended to read:

 (A) There is established the South Carolina Conservation Bank. The bank is governed by a fourteen-memberseventeen-member board selected as follows:
  (1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, the Commissioner of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Director of the South Carolina Department of Parks, Recreation and Tourism, or their designees, all of whom shall serve ex officio and without voting privileges;
  (2) three members appointed by the Governor from the State at large;
  (3) four members appointed by the Speaker of the House of Representatives, one each from the Third, Fourth, and Sixth Congressional Districts and one member from the State at large; and
  (4) four members appointed by the President of the Senate, one each from the First, Second, Fifth, and Seventh Congressional Districts.
 (B)(1) In making their respective appointments to the board, the Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate shall take all reasonable steps to ensure that the members of the board reflect the state's racial and gender diversity.
  (2) Each member of the board must possess experience in the areas of natural resources, land development, farming, forestry, finance, land conservation, real estate, or law.

SECTION X. Chapter 59, Title 48 of the S.C. Code is amended by adding:

 Section 48-59-150. (A) There is established in the State Treasury the Working Farmland Protection Fund for the purpose of providing permanent protection to working farmland properties whose continued availability to commercial agricultural businesses is essential to the long-term future of the economic sector. Balances in the fund must be retained and caried forward annually and interest earned on balances in the fund must be credited to the fund.
 (B) In a fiscal year in which the bank receives the amount provided for under Section 12-24-90, the General Assembly may appropriate funds to the Working Farmland Protection Fund.
 (C) The Working Farmland Protection Fund must be used by the bank only for the purpose of awarding grants to eligible trust fund recipients for the purchase of interests in farmland in which a landowner derives at least fifty percent of his income.
 (D) When evaluating applications for grants under this Section, the bank must use the criteria set forth in Section 48-59-70(D), except for Section 48-59-70(D)(9) and Section 48-59-70(D)(13), along with the following criteria:
  (1) the authority of the owner of the working farmland property to make the subject farmland available via lease or transfer of the protected property to another farmer or other farmers so as to advance the goal of preserving and increasing access to farmland for new and expanding farms;
  (2) the threat of conversion of the working farmland property such that it would become unavailable for commercial production of agricultural products;
  (3) the percentage of soils classified by the United States Department of Agriculture as prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance;
  (4) the agricultural structures and improvements associated with the working farmland property;
  (5) the economic viability of the working farmland property in terms of current and potential future commercial agricultural activities in local, regional, and statewide markets; connection of the working farmland property to agricultural services including processors, aggregators, and distributors; and the number of on-farm jobs supported by the working farmland property;
  (6) the multiple natural resources values associated with the working farmland property, including open space land, forested land and wetlands, riparian buffers, wildlife habitat, and freshwater aquifers; and
  (7) whether the working farmland is located or serving in an underserved or underprivileged community.

SECTION 6. Unless otherwise provided, this act takes effect upon approval by the Governor.