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 H.3253 includes all of the conservation community's reform priorities to our state's outdated annexation laws that promote unplanned development, allow local countywide land use plans to be undermined, and place an undue burden on communities.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 H.3550 will remove outdated energy standards for residential construction from the South Carolina code and establish the 2006 International Energy Conservation Code as the state energy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.