SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE S TATEMENT OF ESTIMATED FISCAL IMPACT WWW.RFA.SC.GOV • (803)734-3793 This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. Page 1 of 3 H. 3165 Fiscal Impact Summary This bill requires a county to report to a city any residential development plan that is located within a one-mile radius of the bordering city on a monthly basis. Additionally, any municipality increasing its territory must file notice with the county where the property to be annexed is located before the first reading of the proposed annexation. The bill also revises requirements related to ordinances required to impose and collect developmental impact fees; revises requirements for ordinance passage procedures, ordinance contents, and related reporting requirements; and makes changes to notice publication and content requirements for capital improvement plans. Lastly, the bill changes the number of years after which an impact fee must be refunded to the owner of the property if the fee has not been expended from three years to seven years. The Revenue and Fiscal Affairs Office (RFA) contacted all county governments and the Municipal Association of South Carolina (MASC) regarding the impact of this bill and received responses from three counties and MASC. Based on the responses, we do not anticipate a significant expenditure impact on local governments. The three responding counties indicate that the bill will have no expenditure impact. MASC indicates that requiring county governments to report to municipalities any residential development plans within a one-mile radius of the bordering city may foster improved urban planning and growth management, potentially resulting in enhanced efficiency in service provision and better planning for future growth trends. Additionally, MASC notes that the bill will require municipalities to incorporate the additional step of filing a notice with the county when they annex property. MASC indicates that if municipalities are required to mail or deliver the notice, this will result in additional postage and/or courier costs to municipalities. However, if electronic submission of the required notice is acceptable, MASC anticipates that the administrative burden will be negligible. Further, MASC indicates that removing certain requirements related to the implementation of developmental impact fees may lead to broader adoption of such fees across municipal governments, providing for increased revenue generation to offset the costs of high growth, such as increased system and service demand. MASC also anticipates that changing the number of years after which an impact fee must be refunded from three years to seven years will allow municipalities to more easily accommodate all phases of large-scale municipal projects, including site location/acquisition, engineering and design, permitting, and construction. Bill Number: H. 3165 Introduced on Januar y 14, 2025 Subject: Development Impact Fee Requestor: House Medical, Military, Public, and Municipal Affairs RFA Analyst(s): Bryant Impact Date: February 20, 2025 Page 2 of 3 H. 3165 Explanation of Fiscal Impact Introduced on January 14, 2025 State Expenditure N/A State Revenue N/A Local Expenditure This bill requires a county to report to a city any residential development plan that is located within a one-mile radius of the bordering city on a monthly basis. Additionally, any municipality increasing its territory must file notice with the county where the property to be annexed is located before the first reading of the proposed annexation. The bill also revises requirements related to ordinances required to impose and collect developmental impact fees; revises requirements for ordinance passage procedures, ordinance contents, and related reporting requirements; and makes changes to notice publication and content requirements for capital improvement plans. RFA contacted all county governments and MASC regarding the impact of this bill and received responses from three counties and MASC. Based on the responses, we do not anticipate a significant expenditure impact on local governments. The three responding counties indicate that the bill will have no expenditure impact. MASC indicates that requiring county governments to report to municipalities any residential development plans within a one-mile radius of the bordering city may foster improved urban planning and growth management, potentially resulting in enhanced efficiency in service provision and better planning for future growth trends. Additionally, MASC notes that the bill will require municipalities to incorporate the additional step of filing a notice with the county when they annex property. MASC indicates that if municipalities are required to mail or deliver the notice, this will result in additional postage and/or courier costs to municipalities. However, if electronic submission of the required notice is acceptable, MASC anticipates that the administrative burden will be negligible. Local Revenue This bill revises requirements related to ordinances required to impose and collect developmental impact fees; revises requirements for ordinance passage procedures, ordinance contents, and related reporting requirements; and makes changes to notice publication and content requirements for capital improvement plans. The bill also changes the number of years after which an impact fee must be refunded to the owner of the property if the fee has not been expended from three years to seven. RFA contacted all county governments and MASC regarding the impact of this bill and received responses from three counties and MASC. MASC indicates that removing certain requirements related to the implementation of developmental impact fees may lead to broader adoption of such fees across municipal governments, providing for increased revenue generation to offset the costs of high growth, such as increased system and service demand. MASC also anticipates that __________________________________ Frank A. Rainwater, Executive Director DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. Page 3 of 3 H. 3165 changing the number of years after which an impact fee must be refunded from three years to seven years will allow municipalities to more easily accommodate all phases of large-scale municipal projects, including site location/acquisition, engineering and design, permitting, and construction.