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

Week of April 19 - 24, 2009

Friday, April 14, 2009

Annexation Reform Bill Set for a Public Hearing {action item}

Next Thursday, the House Special Laws Subcommittee will receive testimony onH.3253, a great annexation reform bill by Representative Bill Herbkersman and Shannon Erickson (R-Beaufort), Curtis Brantley (D-Jasper), Bill Sandifer (R-Oconee), and Mike Sottile (R-Charleston). H.3253 includes all of the conservation community's reform priorities to our state's outdated annexation laws that promote unplanned development, allow local countywide land use plans to be undermined, and place an undue burden on communities. Click here to show your support for H.3253, by writing your representatives and members of the Committee. Members of the Special Laws Subcommittee Chaired by Thad Viers (R-Horry) are Reps. Seth Whipper (D-Charleston), Vida Miller (D-Georgetown), Laurie Funderburk (D-Kershaw), and Mike Sottile (R-Charleston).

Contact: Patty Pierce and Patrick Moore


Building Codes Reform Approved by House Committee {action item}

H.3550 by Representative Cato and others was approved this week by the House Labor Commerce and Industry Committee and placed on the House Calendar. Next week's vote by the full House on Tuesday, April 28th is key to ensuring passage of the legislation this year. H.3550 will remove outdated energy standards for residential construction from the South Carolina code and establish the 2006 International Energy Conservation Code as the state energy standard for residential construction. This is a huge leap in efficiency standards for our state!!! The changes are estimated to only cost consumers $600, but the energy savings are $400 annually, so the payback to the consumer is less than two years. Moreover, the energy savings continue well into the future. If you haven't shown your support for this important energy efficiency bill, please do so now by writing your state representatives and ask them to support H.3550! Click here to send a quick note.

Contact: Patty Pierce and Ben Moore


State Government Leads by Example on Energy Efficiency and Renewables


This week the House Agriculture, Natural Resources, and Environmental Affairs Committee approved S.9 with amendments, a bill by Senator Glenn McConnell (R-Charleston) and others to require state government agencies to establish modest energy efficiency and renewable energy goals. The bill would also require state agencies to consider reductions of their energy, water, and wastewater use, and implement recommended conservation measures to the degree each agency determines that the measures are cost effective. An audit could be performed by internal or external auditors, or by an energy services company. Agencies would be required to comply by July 1, 2011. S.9 in its amended form will be considered by the House on Tuesday, April 28th.
Contact: Patty Pierce and Ben Moore


State Energy Efficiency Plan Revised

S.232, a bill by Senator Ryberg (R-Aiken), Hutto (D-Orangeburg), and Massey (R-Aiken) that amends the Energy Efficiency Chapter of Title 48 as it relates to the state energy plan and the definition of renewable energy resources was approved this week by the House Agriculture, Natural Resources, and Environmental Affairs Committee. The State Energy Office will now be required to ensure that any future energy strategy that promotes carbon-free, non-greenhouse gas emitting sources includes nuclear energy, renewable energy resources, and energy conservation and efficiency. The House will vote to approve S.232 on Tuesday, April 28th. Only two more readings next week will ensure this bill is finally law!

Contact: Patty Pierce and Ben Moore


Solar and Other Renewables Bill To Receive a Hearing in May! {action item

H.3628 by Representative Joan Brady (R-Columbia) and 14 other conservation minded legislators is set to be discussed by a House, Labor, Commerce, and Industry Subcommittee meeting in May. The bill has three simple goals: to authorize utilities to pursue renewable energy projects up to 100 megawatts and to recover their costs as deemed appropriate by the Public Utilities Commission; to encourage the investment in the research, development and demonstration of home-grown renewable energy projects through the reinstatement of the SC Renewable Energy and Infrastructure Development Fund; and to provide homeowners and businesses the freedom to install solar energy technologies on their homes and businesses. If you haven't taken the time to show your support for this important legislation, please do so now by clicking here!!! 

Contact: Patty Pierce and Ben Moore

The "Un"Fair Share Water Bill {action item}

The Senate Agriculture subcommittee chaired by Senator Paul Campbell approved S.452 this week with an amendment that includes a seasonally variable minimum instream flow. However, there are still some subcommittee members who have concerns with the bill, so it was passed out of subcommittee with an agreement that if these concerns are not addressed at full committee, the bill will not move to the Senate floor. 

In addition to concerns over minimum instream flow, the following items must be addressed before the conservation community will be able to support S.452:

Grandfathering in perpetuity: If Section 49-4-120 (C)(1) is not removed, we are creating only the appearance of a management program that does not allow for modifications necessary to address recurrent drought, or changes in flow patterns in our rivers and streams. A grandfathered users' previously permitted withdrawal amount needs to be subject to modification, whether increasing or reducing withdrawals, through the renewal process.

Defining water users and uses: All water users who withdraw above 3 million gallons a month should be required to obtain a permit regardless of how much water is returned to the source. The sections (20-12 and 15) that attempt to exempt users who return 90% of the water should be revised. A withdrawer that consumes 10% of its withdrawals is a consumptive user. As written, thermoelectric power users would be exempted from the permitting process even though they are one of the largest industrial water users in the state.

Clarifying ownership of excess water in impoundments: To protect downstream users and drinking water supplies, impoundment owners/operators should not be allowed to withdraw excess water from impoundments unless they are permitted by DHEC. As written, Section 45 would require DHEC to automatically issue permits to "owner/operators" of FERC licensed impoundments for additional withdrawals, essentially giving the owner/operators ownership of the excess water in the impoundment and allowing, in extreme cases, piping it to NC, bottling it, or evaporating it in a power plant. 

Until these concerns are addressed, S.452 continues to be 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. 

News Coverage:
The State: "Protect our water," 
The Post & Courier: "Protect the state's rivers" 

Contact: Heather Spires


Stop wasting SC! Urge the House Agriculture Committee to support the landfill moratorium! {action item}
The House Agriculture Environmental Affairs 1 subcommittee will hold a hearing on S.324, the joint resolution calling for a two-year moratorium on permits for landfills, on Wednesday, May 13th, 2009. Write members of the House Agriculture, Natural Resources and Environmental Affairs Committee to thank them for giving the joint resolution a hearing and urge them to support this joint resolution.

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.


Read more...

Week of April 13 - 17, 2009

Friday, April 17, 2009


Help make annexation reform a priority {action item}

On the first day of the legislative session, Representatives Bill Herbkersman, Shannon Erickson, Curtis Brantley, Bill Sandifer, and Mike Sottile introduced a great annexation reform bill that includes all of the conservation community’s legislative reforms to our outdated annexation laws. The bill was referred to the House Judiciary Committee’s Special Laws Subcommittee, but the bill has yet to be heard. Members of the Subcommittee are Representatives Thad Viers (Chairman), Seth Whipper, Vida Miller, Laurie Funderburk, and Mike Sottile. To ensure H.3253 moves forward this year, please write your legislators and members of the House Judiciary Committee and ask them to support passage of H.3253 and to place this bill on a subcommittee agenda soon. Click here to link to the Coastal Conservation League’s website where you can write a letter using the talking points provided or craft a letter of your own about the need to reform South Carolina’s outdated annexation laws. Our current laws promote unplanned development, allow local countywide land use plans to be undermined , and ultimately place an undue burden on taxpayers.

Contact:
Patty Pierce
and Patrick Moore


The "Un"Fair Share Water Bill {action item}

Senators worked this week to build consensus on an amendment to S.452 that would use the Department of Natural Resource’s seasonally variable flows as the minimum instream flow for the state’s rivers and streams. Although they were close to an agreement, senators were unable to reach consensus in time for Tuesday’s Agriculture and Natural Resources subcommittee meeting, so members voted to carry the bill over. The subcommittee will meet again on Tuesday, April 21st at 9:00 a.m. Please take a moment to write subcommittee members in support of the proposed amendment that establishes a seasonally variable minimum instream flow.

In its current form, S.452 by Senator Paul Campbell, places future industries’ rights to water above the public’s right to water. Specifically, provisions that allocate the vast majority of water in the state’s rivers, lakes and streams to existing and future industries and allow them to be drawn down to near drought-level conditions must be changed.

S.452 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. 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 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 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.


Contact: Heather Spires


Stop wasting SC! Ask House Agriculture Committee to give landfill moratorium a hearing!
{action item}

The Senate has done its job and passed S.324, the joint resolution calling for a two-year moratorium on permits for landfills. Now it’s time for the House to demonstrate leadership on the issue. The House is returning from a two-week break on Tuesday, and the landfill moratorium is not on a subcommittee agenda. Write members of the House Agriculture, Natural Resources and Environmental Affairs Committee and encourage them to give this joint resolution a hearing. S.324 has to make it through the House by May in order for it to take effect this year.

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


Energy Efficiency for Residential Construction

Senator Glenn F. McConnell and Robert Ford introduced S.719, a great compromise building codes reform bill that is supported by a diverse group of conservation, business, builder, realtor, mortgage lender, and energy efficiency advocates. The bill has been referred to the Senate Labor, Commerce and Industry Committee for its review. While the conservation community hoped to not only remove the outdated energy building standards from the code and insert an automatic update to the most up-to-date energy efficiency standards that are adopted by the SC Building Codes Council every three years, we are elated to have reached a compromise with all of the stakeholders to remove the outdated language and to establish the 2006 International Energy Efficiency Code this year. This simple change will go a long way to make our State’s residential construction and renovations save energy and electricity!

Contact:
Patty Pierce
and Ben Moore


Building Codes Reform Moves Forward {action item}

H.3550 by Representative Cato and others is moving forward. The companion bill to S.719, by Senators McConnell and Ford, was approved by a House Labor Commerce and Industry Subcommittee several weeks ago, and next week the full LCI Committee will consider the bill and the compromise reached among stakeholders. We anticipate the Committee will act favorably on the bill, but just in case you have not written your legislators and members of the Committee, click here and do so now. We need all the support we can garner to ensure this great energy efficiency bill will be approved this year.

Contact:
Patty Pierce
and Ben Moore

Senate Considers Budget, Conservation Bank This Week {action item}

The Senate will consider the Finance Committee's budget next week. The Committee has included operational funding for the Conservation Bank in its budget. The Senate must approve this operational funding if the Bank is to remain in existence. The Conservation Bank has produced $6 in land value for every $1 it has received and has protected more than 152,000 acres at a price of $534 per acre in South Carolina. Please write and call your Senators and ask them to support funding for the Bank and its administrative costs.

Contact: Patrick Moore

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Week of March 30 - April 3, 2009

Friday, April 3, 2009


Taxpayer Protection {action item}

H.3253 by Representatives Herbkersman, Erickson, Brantley, Sandifer and Sottile would reform our state’s outdated annexation laws. The bill expands statutory standing, improves public notice requirements for all annexation proposals, requires a plan of services to ensure cities can pay for the new services and infrastructure to support new annexation proposals, requires consistency with countywide comprehensive plans, and limits shoestring annexations of remote properties by requiring shared borders with an annexing municipality and that the proposed area to be annexed be urban. H.3253 has been referred to the House Special Laws Subcommittee of the House Judiciary Committee. The bill is expected to be considered by the House Subcommittee in late April. Click here to write you Representative and Senator as well as members of the Judiciary Committee on this important bill.

Contact:
Patrick Moore and Patty Pierce



The "Un"Fair Share Water Bill
{action item}

A Senate Agriculture and Natural Resources Subcommittee chaired by Senator Paul Campbell debated S.452 this week, but due to time constraints the bill was carried over until the subcommittee’s next meeting on April 14th at 9:00AM. Subcommittee members are committed to meeting as long as necessary that morning to try and reach agreement on a bill that can be supported by all stakeholders and sent to the full Agriculture Committee on April 15th. If a water withdrawal bill is not reported out of the full committee on April 15th, a bill will not make it to the Senate floor this year in time to be sent to the House for consideration.

We are working to build support for several amendments that will improve S.452. The industry-friendly bill, by Senator Campbell, places future industries’ rights to water above the public’s right to water. Specifically, provisions that allocate the vast majority of water in the state’s rivers, lakes and streams to existing and future industries and allow them to be drawn down to near drought-level conditions must be changed. Supporters of Campbell’s bill feel 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.

S.425 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. 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 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 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


Senate Votes to Stop Wasting SC!


Letters and phone calls from concerned citizens turned the tide in the Senate this week and moved S.324, a joint resolution calling for a two-year moratorium on permits for landfills, from the contested calendar to the floor for a vote. The resolution passed the Senate unanimously on Wednesday and was introduced in the House on Thursday where it was sent to the House Agriculture, Natural Resources and Environmental Affairs Committee for consideration. The resolution, by Senator Gerald Malloy (D-Darlington) and others, applies to new and expanded Class III “megadumps.” Existing municipal landfills looking to expand and construction and debris landfills will be exempt. Please take a moment to thank your Senator for supporting S.324.

We’re halfway there, but we’ve still got to move the resolution through the House by May in order for it to take effect this year. Please take a moment to write members of the House Agriculture and Natural Resources Committee in support of
S.324.

New Coverage:
  • Florence Morning News, “South Carolina needs to limit waste from other states”
  • The State, “Predatory dumping hazardous to our economy” by Senator Tom Davis
  • The State, “Panel votes to stop dumps”
  • Post & Courier, “Landfill Moratorium Advances”
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


Energy Standard Act

Representative Harry Cato’s (R-Greenville) Energy Standard Act, H.3550, that aims to establish a new energy standard for residential construction was approved this week by the House Real Estate Subcommittee of the Labor, Commerce and Industry Committee. The Subcommittee Chaired by Representative Jimmy Bales (R-Richland) adopted an amendment prior to approving the bill that removed the outdated prescriptive energy provisions in our South Carolina code and added language to make the 2006 International Energy Conservation Code for new residential construction and renovations our new energy standard. This simple change in law could help our state achieve 7% electricity savings and 5% natural gas savings by 2020. The estimated costs for the change are approximately $600, but the energy savings are more than $400 annually, so a homeowner could expect to be paid back for his investment in less than two years. The amended version of H.3550 is expected to be reviewed by the Labor, Commerce, and Industry Committee at its next meeting during the week of April 20th. We’ll work to ensure the Committee supports the provisions of the bill to ensure this legislation moves forward this legislative session.

Contact:
Ben Moore and Patty Pierce



Nuclear Reprocessing Amendment Defeated

This week the Senate debated S.232, a bill by Senator Ryberg and others relating to the definition of the renewable energy and the state energy plan, and defeated in a vote of 23-20 Senator Greg Ryberg’s (R-Aiken) amendment that would have added nuclear fuel reprocessing to the state’s energy plan. We want to thank Senator Phil Leventis (D-Sumter) for his leadership and tireless efforts to defeat the Ryberg amendment. After the Senate Agriculture and Natural Resources Committee amendment was adopted, S.232 was further amended to require the State Energy Office to submit its annual state energy action plan to the Public Utility Review Committee, the House Labor, Commerce and Industry Committee and the Senate Agriculture and Natural Resources Committee. This annual report includes activities by the State Energy Office to carry out the Plan for State Energy Policy, recommendations for long-term quantitative and qualitative energy goals for the residential, commercial, industrial, transportation, governmental, and utility sectors, and measures of progress for these goals, an outline of the obstacles to efficiency for which legislative, regulatory, or other governmental remedies are appropriate. S.232 was adopted as amended by the Senate and forwarded to the House Agriculture, Natural Resources and Environmental Affairs Committee for its review.
Contacts: Patty Pierce and Ben Moore


Contact:
Ben Moore and Patty Pierce



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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