The authority shall take all action necessary to expeditiously develop a port in Jasper County in accordance with the Intergovernmental Agreement for Development of a Jasper Ocean Terminal on the Savannah River within the State of South Carolina that was entered into between the South Carolina State Ports Authority, the Georgia Ports Authority, and the Georgia Department of Transportation dated on January 27, 2008. In determining whether the development of a Jasper Port is proceeding in an expeditious manner, the board must consider whether timelines or benchmarks included in either the Intergovernmental Agreement or amendments to it or other agreement with a partner to develop the port have been or will be met in a timely manner. A determination that a delay in the planning or construction of the port is reasonable must be based on an objective analysis of all available empirical data and expert opinion, as well as a comparison of the construction timelines of ports of similar size and expected capacity. If it is determined that a partner to an agreement to develop the port is not meeting its obligations that will result in the port not being developed in an expeditious manner, then the authority must take all available and necessary action to compel the partner to meet its obligations and, if necessary, terminate the agreement and transfer to Jasper County the assets and right to develop the port. The authority also shall take all action necessary and as may be requested from time to time by the committees in the House of Representatives and the Senate in connection with the State of South Carolina and the State of Georgia to enter into an Interstate Compact to operate a Jasper Port on or before December 31, 2010, as such compact is generally outlined in the Intergovernmental Agreement. In connection with the development of a port in Jasper County, the authority shall make specific inquiries regarding the merits of using private capital to finance the construction of that port to a greater extent than historically has been used by the South Carolina State Ports Authority in connection with their existing port operations.
HISTORY: 2009 Act No. 73, Section 12, eff June 16, 2009.
Structure South Carolina Code of Laws
Title 54 - Ports and Maritime Matters
Chapter 3 - South Carolina State Ports Authority
Section 54-3-10. Creation and membership of State Ports Authority.
Section 54-3-20. Appointment and terms of members; vacancies.
Section 54-3-30. Organization; officers; meetings.
Section 54-3-50. Removal by Governor.
Section 54-3-60. Board member qualifications.
Section 54-3-70. Performance review of executive director.
Section 54-3-80. Discharge of duties by members of board of directors.
Section 54-3-101. Executive Director of Port Operations.
Section 54-3-102. Duties of executive director; appointment of division directors and staff.
Section 54-3-103. Approval of compensation of executive and division directors.
Section 54-3-104. Director of Port Operations for port of Georgetown.
Section 54-3-105. Affirmative duty of Director of Port Operations for port of Georgetown.
Section 54-3-110. Improvement of certain harbors or seaports.
Section 54-3-115. Development of port in Jasper County.
Section 54-3-117. North Charleston container terminal.
Section 54-3-118. Public-private partnerships to increase capital investments in port facilities.
Section 54-3-120. Jurisdiction of Authority.
Section 54-3-130. Purposes of Authority.
Section 54-3-140. Powers of Authority.
Section 54-3-150. Acquisition of property.
Section 54-3-155. Sale of real property, building, terminals, or other permanent structures.
Section 54-3-160. Powers with respect to certain property.
Section 54-3-170. Use of certain State property.
Section 54-3-180. Exchange of property; removal of structures.
Section 54-3-200. Acquisition and operation of terminal railroads.
Section 54-3-210. Contracts with railroad employees.
Section 54-3-220. Connecting with or crossing other railroads.
Section 54-3-230. Foreign-trade zones.
Section 54-3-240. Inland ports.
Section 54-3-245. Seafood industrial port in Beaufort County.
Section 54-3-250. Inspection of motor vehicles prior to exportation.
Section 54-3-260. Construction of terminal or railroad on Daniel Island.
Section 54-3-420. Examination of facilities.
Section 54-3-430. Requiring repair or improvement of facilities.
Section 54-3-440. Authority may order improvements to facilities on petition.
Section 54-3-450. Unsafe or unsuitable facilities.
Section 54-3-460. Penalties for violations of rules and regulations.
Section 54-3-480. Article inapplicable to portions of Charleston County.
Section 54-3-620. Permit for construction of wharf or other obstruction.
Section 54-3-640. Duties of Authority as to repair of docks; owners liable for neglect.
Section 54-3-650. Authority shall prosecute for fines and penalties.
Section 54-3-700. Sale of property; conditions and requirements of sale.
Section 54-3-810. Jurisdiction and powers of Authority over harbor and bay of Charleston.
Section 54-3-820. Deposit of excavated material.
Section 54-3-830. Harbor master and port wardens.
Section 54-3-840. Fees and harbor or port charges.
Section 54-3-850. Payment and disbursement of fees, harbor or port charges, fines and penalties.
Section 54-3-860. Authority shall report annually to General Assembly.
Section 54-3-1010. Issuance of bonds.
Section 54-3-1020. Disbursement of funds; surplus.
Section 54-3-1030. State port construction fund.
Section 54-3-1040. Annual financial statement.
Section 54-3-1050. Property of Authority exempt from taxation.
Section 54-3-1060. Transaction register.
Section 54-3-1310. Powers and duties.
Section 54-3-1320. Waiver of qualifications for board candidate.
Section 54-3-1330. Cooperation by state agencies.
Section 54-3-1340. Oversight report; performance review surveys.
Section 54-3-1350. Documents relating to sale of real property owned by commission; confidentiality.
Section 54-3-1360. Mileage, subsistence, and per diem; reimbursement of certain expenses.