A weekly update of legislation related to conservation issues in the South Carolina state government.

Week of March 23-27, 2009

Friday, March 27, 2009

The “Un”Fair Share Water Bill {action item}

A Senate Agriculture and Natural Resources Subcommittee chaired by Senator Paul Campbell heard testimony on S.452 this week. The industry-friendly bill, by Senator Campbell, places future industries’ rights to water above the public’s right to water. His bill is bad for the environment, bad for negotiations with neighboring states, and is at odds with the good Fair Share Water bill (S.275) introduced by Senator Wes Hayes. Watch the video to learn about why we need good legislation and take action to say no to the bad.

Opponents of the industry-friendly bill, S.452 by subcommittee chairman Campbell, expressed concern over provisions that would allocate the vast majority of water in the state’s rivers, lakes and streams to existing and future industries, flat-lining our river flows and allowing them to be drawn down to near drought-level conditions. Supporters testified that existing and future industries should be given special treatment and permit rights to use the majority of the public’s water in return for agreeing to participate in a new regulatory program.

The subcommittee carried the bill over until its next meeting on Wednesday, April 1st at 10AM. Subcommittee members hope to have a bill to present to the full Agriculture Committee next
week. Please click here to urge subcommittee members to oppose S.452 as written and support amendments that will protect our rivers and streams and foster responsible economic development.

S. 452 is bad for the environment, bad for business, and bad for negotiations with Georgia and North Carolina over shared water resources. It gives higher consideration to future industries than to the people who live here now.

S.452 establishes a one-size-fits-all minimum flow policy for the state that would allow rivers and streams to be drawn down to near drought level flows (20% MAF). Big business and industry believe that year-round drought level flows are “adequate” for the health of our rivers and for the public’s use.

As written, S.452 would exempt some of the state’s largest water consumers from the permitting process. The bill also creates a regulatory process that favors upstream users over downstream users. There are only a few downstream users who aren’t downstream of others.


S.452 is bad for negotiations with Georgia and North Carolina: By adopting the “low flow” requirements noted above, South Carolina would be conceding that it needs nothing more than drought level flows, leaving everything else on the table for our neighbors to claim.

News Coverage:

Contact: Heather Spires


Stop Wasting SC! Landfill moratorium is stalled in Senate {action item}


S.324, a joint resolution calling for a two-year moratorium on permits for landfills was stalled on the Senate floor this week without debate when several Senators objected to it. The resolution, by Senator Gerald Malloy (D-Darlington) and others, would apply to new and expanded Class III “megadumps.” Existing municipal landfills looking to expand and construction and debris landfills would be exempt.

Because this is such a controversial issue, the resolution is now on the contested calendar. In order to ensure debate on the moratorium this year and a chance at passage, the resolution must be moved to a “special slot” on the calendar. Please write your Senator now and urge him to vote in favor of setting S.324 for Special Order to ensure that the Senate debates the bill this year.

New Coverage:
Landfill Facts:
  • In 2007, South Carolinians produced 4.6 million tons of solid waste destined for S.C. landfills.
  • There are 18 fully operational Class III (municipal solid waste) landfills in South Carolina, with a 19th nearly permitted.
The permitted annual capacity of these 18 landfills is 9.9 million tons, and an additional net 3.5 million tons of capacity could be added if the proposed Williamsburg and Marlboro County double its needed capacity, and could soon have more than three times its needed capacity. landfills were built. This means the State already has more than

In 2007, 28% of all municipal solid waste landfilled in South Carolina was imported from out of state. This amount has increased steadily as statewide capacity has increased over time. This is a clear market signal that South Carolina has far more capacity than it currently needs.

The SCDHEC Board recognized in August, 2008 that the state’s Determination of Need Regulation (61-107.17) is not fulfilling the intent of Title 44. The Board also recognized that the DON changes proposed this legislative session do not adequately address the problems. Therefore, the Board directed DHEC staff to set up a Statewide Landfill Capacity Taskforce to review the capacity issues generated by the regulation. This taskforce is directed to report findings by August 2009.

Contact:
Heather Spires



Turtle Export Bill Headed to the Senate Floor

The Turtle Export Control Bill, H. 3121 by Representative James Smith (D-Richland), was passed out of a Senate Fish, Game and Forestry Committee this week with a favorable report on Wednesday, March 25th. The bill seeks to prohibit the capture and mass export of South Carolina's turtles, including: the box turtle, yellowbelly turtle, Florida cooter, river cooter, chicken turtle, eastern painted turtle, spiny softshell turtle, Florida softshell turtle and common snapping turtle. Violation of the law would carry a $200 per turtle fine.

Contact:
Patrick Moore



Senate Finance Committee Considers Conservation Bank This Week {action item}

The Senate Finance Committee will consider funding for the Conservation Bank this week. Funding for the continued existence of the Conservation Bank, a State program that has produced $6 in land value for every $1 it has received, is in serious jeopardy. The Bank has protected more than 152,000 acres at a price of $534 per acre in South Carolina and without funding this year, could cease to exist. Please write and call your Senators and ask them to support funding for the Bank or its administrative costs.

Contact: Patrick Moore

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Week of March 16 - 20, 2009

Friday, March 20, 2009

Stop Wasting SC! {action item}

S.324, calling for a two-year moratorium on permits for landfills passed unanimously out of the Senate Medical Affairs Committee on Thursday. The resolution, S. 324 by Senator Gerald Malloy (D-Darlington) and others, would apply to new and expanded Class III “megadumps.” Existing municipal landfills looking to expand and construction and debris landfills would be exempt. The resolution will be on the Senate floor for debate next week. We expect amendments will be proposed on the Senate floor next week that would weaken the resolution by shortening the length of the moratorium. Proponents have asked for a two-year moratorium to allow time for the revised Determination of Need regulations recommended by the Statewide Landfill Capacity Taskforce to be put in place.

Please help us by asking your senator to support a TWO-YEAR moratorium on permits for landfills. It is critical to contact your legislator in support of the joint resolution. If it does not pass the Senate before May 1st, the moratorium will not pass this year.

New Coverage:

Landfill Facts:
  • In 2007, South Carolinians produced 4.6 million tons of solid waste destined for S.C. landfills.
  • There are 18 fully operational Class III (municipal solid waste) landfills in South Carolina, with a 19th nearly permitted.
The permitted annual capacity of these 18 landfills is 9.9 million tons, and an additional net 3.5 million tons of capacity could be added if the proposed Williamsburg and Marlboro Countydouble its needed capacity, and could soon have more than three times its needed capacity. landfills were built. This means the State already has more than

In 2007, 28% of all municipal solid waste landfilled in South Carolina was imported from out of state. This amount has increased steadily as statewide capacity has increased over time. This is a clear market signal that South Carolina has far more capacity than it currently needs.

The SCDHEC Board recognized in August, 2008 that the state’s Determination of Need Regulation (61-107.17) is not fulfilling the intent of Title 44. The Board also recognized that the DON changes proposed this legislative session do not adequately address the problems. Therefore, the Board directed DHEC staff to set up a Statewide Landfill Capacity Taskforce to review the capacity issues generated by the regulation. This taskforce is directed to report findings by August 2009.

Contact: Heather Spires


DHEC Reform to be Studied by Senate Medical Affairs Committee {action item}


S. 384 (DHEC Reform), which would replace the Board with a Secretary of Health and the Environment, was carried over on Thursday, March 19 with some interesting discussion.

It was ultimately decided that the full Committee should hold special hearings on the bill this year and reconsider a broader range of possible changes at the Agency. Senator Peeler promised Senator Courson that he would not to put the bill in the bottom left drawer of the desk and that the hearings would be pursued.

Almost all of the members of the committee who spoke on the issue commented that they agreed with the concept of a Secretary of Health and Environment but the reforms needed at the agency were so complex and important that they needed to be looked at comprehensively.

There was the sense that if they voted it out it would just sit on the calendar until at least Jan. 2011 anyway so there was time to look at the issue more closely. The hearings could start as early as May. The League will post meeting notices and schedules of these meetings as they are released.

Background on S. 384

S. 384, Introduced by Senators Leventis and Courson and co-sponsored by Senators Sheheen, Reese, Mathews, and Thomas makes 2 central changes.

  1. Secretary of Health and the Environment - Currently, DHEC's Commissioner is nominated by DHEC Board with Senate consent. S.384 would replace the Commissioner with a Secretary of DHEC, to be nominated by Governor with Senate consent. The Secretary would assume the few remaining executive functions that remained with the DHEC Board following 2006 restructuring bill. Secretary would serve at will, removable by Governor. Current Commissioner is removable by Board with consent of Governor. Right now citizens do not know who to hold responsible (Governor? Board? General Assembly?) for DHEC management. By increasing accountability and transparency, this bill would fix that problem.
  2. Board of Health, Board of Environmental Control - The bill creates two Boards (one for health, one for environment) to conduct first-level review of challenges to DHEC staff decisions on permits, licenses, certificates, etc. This also follows the 2006 restructuring, which made DHEC Board the first level of review (rather than the Administrative Law Court) and vastly increased the Board's workload. Two boards could resolve twice as many cases and keep the parties out of litigation. Members would be nominated by the Governor with consent of the Senate, like current Board members, but unlike current law would members would need experience in the respective health or environmental fields.
Contact: Patrick Moore


Senate Finance Committee Considers Conservation Bank Funding {action item}

The Senate Finance Committee will start considering funding for the Conservation Bank this week. Funding for the continued existence of the Conservation Bank, a State program that has produced $6 in land value for every $1 it has received, is in serious jeopardy. The Bank has protected more than 152,000 acres at a price of $534 per acre in South Carolina and without funding this year, could cease to exist. Please write and call your Senators and ask them to support funding for the Bank or its administrative costs.

Contact:
Patrick Moore



The Un-Fair Share Water Bill {action item}

A Senate Agriculture and Natural Resources Subcommittee chaired by Senator Paul Campbell will hear testimony on the Un-Fair Share Water Bill on Wednesday, March 25th at 11AM. The industry-friendly bill, S.452 by subcommittee chairman Campbell, allocates the vast majority of the water in the state’s rivers, lakes and streams to existing and future industries, locking it up in permits for decades to come and giving higher consideration to future business and industry than to the people who are here now.

S. 452 is bad for the environment, bad for business, and bad for negotiations with Georgia and North Carolina over shared water resources. Please click here to urge subcommittee members to oppose S.452 as written and ask that reasonable provisions from Senator Wes Hayes’ (R-York) Fair Share Water bill, S.275, be adopted.

Some specific problems with S.452:

It’s bad for the environment: S.452 establishes a one-size-fits-all minimum flow policy for the state that would allow rivers and streams to be drawn down to near drought level flows (20% MAF). Big business and industry believe that year-round drought level flows are “adequate” for the health of our rivers and enough for everyone else.

It’s bad for business: S.452 exempts some of the state’s largest water consumers from the permitting process, but requires smaller users to get permits, putting an unfair regulatory burden on small businesses. The bill also creates a regulatory process that favors upstream users over downstream users. There are only a few downstream users who aren’t downstream of others.

It’s bad for negotiations with Georgia and North Carolina: By adopting the “low flow” requirements noted above, South Carolina would be conceding that it needs nothing more than drought level flows, leaving everything else on the table for our neighbors to claim.

Contact: Heather Spires


Offshore Drilling Bill

S.44, which would permit offshore exploration, drilling, or production of oil or gas in the Atlantic Ocean within the territorial jurisdiction of South Carolina contingent on the removal of applicable federal restrictions will be discussed by the Senate Agriculture and Natural Resources Subcommittee on Wednesday March 25. The results of a pending report from the Natural Gas Study Committee are not yet available. The Minerals Management Service recently announced that the policy of drilling off the Atlantic Coast was being is being reviewed. Until the results of the Natural Gas Study Committee and the federal review are available, South Carolina should not waste its legislative and regulatory resources on this issue.

Contact: Patrick Moore


Energy Update {action item}

H.3550 by Representative Harry Cato (R-Greenville) and others that would revise South Carolina’s outdated residential building energy standards and establish the International Energy Conservation Code as our state’s energy standard needs your support. In the early 1990s the SC General Assembly adopted a law that has kept our state’s residential building energy standards frozen in time. H.3550 would delete those old energy rules and adopt the International Energy Conservation Code as our state’s energy standard for new residential construction and renovations. This small change in law could help South Carolina achieve 7% electricity savings and 5% natural gas savings by 2020. The Annual savings for home owners through 2015 are estimated to be $547 and could increase to almost $1200 annually thereafter. Statewide the energy savings are estimated to be as high as $1.7 billion dollars by 2020. This equates to nearly eight million megawatts of energy—enough energy to power more than 500,000 homes. Carbon dioxide emissions could also be reduced by 35 million metric tons—equivalent to removing more than 725,000 automobiles off the road. H.3550 was referred to the House Labor, Commerce and Industry Committee in February, but the bill has yet to be forwarded to a subcommittee for its review.

Click here to write your representative and members of the Committee to urge them to act on this bill this year. South Carolina’s energy independence depends on your support.

Contacts: Patty Pierce and Ben Moore

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