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