May 11 -15, 2009

Friday, May 15, 2009

Conservation Bank gets $2 Million! {action item}

The Conservation Bank received $2 million dollars plus operating expenses in the budget that has passed the Senate and the House! This critical funding will allow the Bank to live up to its obligations and maintain the relationships that have protected more than 152,000 acres since 2002. For every State dollar the Conservation Bank has received it has produced 6 dollars in land value by leveraging state dollars with local and federal funds. A 6:1 return on investment is impressive for any state funded program.

Please take the time to thank your Senators and Representatives for protecting this important conservation tool!

Senate Approves Building Codes Reform Legislation!

H.3550 by Representative Harry Cato (R-Greenville) and others that improves energy efficiency standards for new residential construction and renovations was given its third and final reading in the Senate this week! Now the bill is enrolled for ratification and on its way to the Governor’s desk soon. H.3550 deletes outdated energy standard language from our state law and establishes the 2006 International Energy Conservation Code (IECC) as the state energy standard for residential construction and renovations. The simple changes H.3550 accomplishes are estimated to cost about $600 for each new home, but the average annual energy savings is estimated to be $400, so the payback to consumers would be less than two years. Thanks to the support of a diverse group of more than fifty stakeholders including conservationists, green mortgage companies, realtors, developers, energy efficiency and building code associations, South Carolina will make great strides in energy efficiency beginning this summer. Thank you to our bill sponsors, committee chairmen in the House and Senate, and each of you who played a part in ensuring passage of this great bill! Your efforts made all of the difference.
Contacts: Patty Pierce and Ben Moore


Landfill Moratorium Dies in House Agriculture Subcommittee

This week, a House Agriculture Subcommittee chaired by Representative David Hiott (R-Pickens) adjourned debate on S.324, the landfill moratorium by Senator Gerald Malloy (D-Darlington), effectively killing the bill for the year. As amended in the Senate, the landfill moratorium was to remain in effect until December 31, 2010, or until a taskforce convened by the Department of Health and Environmental could make recommendations for improving the excess capacity issue that has resulted in the proliferation of applications for “mega” landfills in South Carolina. The Landfill Capacity Task Force’s recommendations were presented and approved by the DHEC board in April, four months ahead of schedule. They reduce capacity from 42 million tons annually to 10.8 million tons annually, a monumental reduction that would not have happened without the Senate’s support of a statewide moratorium. House Agriculture Committee members cited the adoption of the new regulations as evidence that the moratorium was no longer needed.

While the new regulations are a vast improvement over the existing ones, the conservation community believes they are vulnerable to a legal challenge by the waste industry because they represent a substantive change to the pending regulations approved by the DHEC board in August that reduced capacity to 29 million tons. It could also be argued that DHEC did not follow Administrative Procedures Act guidelines in promulgating the change from 29 million tons to 10.8 million tons. The conservation community advocated for an amendment to the moratorium that would have reinstated it until new regulations could be properly promulgated in the event of a procedural challenge resulting in a return to the status quo of 42 million tons of annual capacity. This would have shut the door on mega landfills in South Carolina for good. Unfortunately, our efforts were blocked by the waste industry. Only time will tell whether these new regulations will withstand a challenge.

While there are only three legislative days left in 2009, we are in the first year of a two year session, which means that S.324 remains in the House Agriculture Committee. We have been reassured by Committee leadership that it can be brought back up next year in the event that the regulations are challenged and thrown out, opening South Carolina back up to “predatory dumping.”
Contact: Heather Spires

Great Annexation Reform Bill Approved by House Subcommittee

This week the House Special Laws Subcommittee Chaired by Representative Thad Viers (R-Horry) approved H.3253, a great annexation reform bill by Representative Bill Herbkersman (R-Beaufort) and others, after receiving comments from the bill’s primary sponsor and key stakeholders. Over the past three years of work on annexation reform, this is the first time a bill that includes all of the conservation community’s reform priorities has moved forward, so we want to thank the Special Laws Subcommittee for their leadership on this important land use issue! H.3253 would accomplish the following: redefine statutory standing for 75% and 100% annexation proposals in order to empower citizens and entities that could be negatively impacted by the proposals to challenge them; add public notice requirements for 100% annexation proposals to provide communities at least 30 days to review and react to annexation proposals and public hearings on these proposals are also included; require a ‘plan of services’ for all new annexations to be published at least 30 days prior to consideration of the proposal that would explain how a municipality would provide water, sewer, fire, police and ambulance services, for example, to the newly annexed; require annexations to be consistent and compatible with local comprehensive land use plans so county, municipal and regional plans that are costly to taxpayers to implement would not be undermined by new municipal annexations; and limit 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 will be considered by the House Judiciary Committee in the 2010 legislative session, so Rep. Viers has charged all stakeholders to work over the summer and fall to reach consensus on the key provisions in the legislation. The other members of the Special Laws Subcommittee include Reps. Seth Whipper (D-Charleston), Vida Miller (D-Georgetown), Laurie Funderburk (D-Kershaw), and Mike Sottile (R-Charleston).
Contacts: Patty Pierce and Patrick Moore.

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Week of May 4 - 8, 2009

Friday, May 8, 2009

Conservation Bank {action item}

The final version of the budget from the Senate includes $2 million dollars for the Conservation Bank! This critical funding will allow the Bank to live up to its obligations and maintain the relationships that have protected more than 152,000 acres since 2002. For every State dollar the Conservation Bank has received it has produced 6 dollars in land value by leveraging state dollars with local and federal funds. A 6:1 return on investment is impressive for any state funded program. Please take the time to thank Senator Leatherman, Senator Courson, Senator McGill, and Senator Campsen, for their dedication to protecting our most valuable woodlands, rural landscapes, and historic places for our kids and grandkids. Please also contact your Representatives and ask them to protect Bank funding as the budget is reviewed!

Senate LCI Committee Approves Building Codes Reform Legislation! {action item}

H.3550 by Representative Cato and others that aims to improve energy efficiency standards for new residential construction and renovations was approved this week by the Senate Labor, Commerce, and Industry (LCI) Subcommittee Chaired by Senator Kevin Bryant (R-Anderson) and then the LCI Committee Chaired by Senator Greg Ryberg (R-Aiken). Next week the Senate will consider the bill as early as Tuesday, May 12th. H.3550 aims to delete outdated energy standards for residential construction from the South Carolina code and establish the 2006 International Energy Conservation Code (IECC) as the state energy standard for residential construction and renovations. This would be a huge leap in efficiency standards for our state!!! This simple change in law is estimated to cost about $600 for each new home, but the average annual energy savings is estimated at $400, so the payback to consumers is less than two years. Help us ensure passage of this important bill this year by clicking here and writing your Senator. Only two more weeks remain in this year's legislative session!
Contacts: Patty Pierce and Ben Moore

Stop Wasting South Carolina! {action item}

This week, a legislative committee took steps to approve a change in the Department of Health and Environmental Control's Landfill Demonstration of Need regulation that will reduce allowable annual landfill capacity from 42 million tons to 10.8 million tons. This capacity reduction, based on the recommendations of the DHEC board's Landfill Capacity Task Force, is a vast improvement over the current regulations.

However, we will still be asking the House Agriculture and Natural Resources Committee to support S.324, the landfill moratorium, at a subcommittee hearing scheduled for Wednesday, May 13th at 8:00 a.m. There are many variables surrounding when the new regulations will take effect, and a moratorium must be in place until they are permanent. Please click here to urge members of the House Agriculture Committee to support the landfill moratorium.
Contact: Heather Spires

Protecting South Carolina's Water Resources {action item}

A bill to regulate the amount of water withdrawn from South Carolina's rivers, lakes and streams, S.452 by Senator Paul Campbell, passed out of subcommittee and was sent to the full Senate Agriculture and Natural Resources Committee for consideration. We expect the Committee to take it up at a meeting before session ends on May 21, 2009. Please click here to urge the Senate Agriculture Committee to support amendments that will make S.452 good for the environment and good for business.

S.452 was amended in subcommittee to require a seasonally variable minimum instream flow standard that mimics the natural flow of a river, protecting the fish and wildlife, recreational uses and downstream users that depend on seasonal fluctuation. Although this is a big step in the right direction, there are still some concerns that must be addressed before the conservation community can support the bill.

1) The Department of Natural Resources, the agency charged with protecting South Carolina's natural resources, must be given standing in decisions relating to the negative impact of withdrawals on our state's surface waters.
2) S.452 allows existing withdrawers to receive a water withdrawal permit for their current or projected level of use. S.452 establishes permit lengths of 20, 30 or 50 years depending on the withdrawer. S.452 also requires the state to issue the renewal permit for these existing withdrawers at or above the initial permit level. In other words, existing users would be grandfathered in perpetuity. A responsible permitting program will allow for the modification of grandfathered users' permitted withdrawal amounts during the permit renewal process. If S.452 does not allow for withdrawal amounts to be either increased or decreased to meet future needs, we are creating a water right and doing more harm than good by implementing a permitting program.
3) S. 452 exempts from the permitting process withdrawers who return 90% or more of their water withdrawals to the surface water. Some of the largest industrial water users in the state would be exempt from the permitting process if S. 452 is not amended. Whether it's 1% or 10%, if water is not being returned to the source, it is being consumed. Although the amount of water being returned to the source should be taken into consideration, 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.
4) As written, S.452 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. The water in impoundments does not belong to owner/operators, it belongs to the people of South Carolina. A permitting program should reflect this notion.

The conservation community will be unable to support S.452 until these concerns are addressed. An irresponsible water withdrawal permitting program would be worse than nothing at all..
Contact: Heather Spires

Senate Gives Final Approval to an Important Energy Bill

S.232, a bill by Senator Ryberg (R-Aiken), Hutto (D-Orangeburg), and Massey (R-Aiken) relating to the State Energy Plan and state agency requirements to conserve energy, water, and wastewater was given final approval this week. Next week, the bill will head to Governor for his consideration. S.232 is its final form requires the State's Energy Policy to encourage the development and use of clean energy resources which includes nuclear energy, energy conservation and efficiency, as well as indigenous, renewable energy resources. Also, any future State energy strategy that promotes carbon-free, non-greenhouse gas emitting sources must include nuclear energy, renewable resources, and energy conservation and efficiency. The definition of 'renewable energy resources' is amended to include energy conservation and efficiency, solar photovoltaic energy, solar thermal energy, wind power, hydroelectric power, geothermal energy, tidal energy, wave energy, recycling, hydrogen fuel derived from renewable resources, biomass energy, energy derived from municipal and other solid waste, energy derived from waste oil, energy derived from waste tires, and landfill gas. The annual state energy action plan that the State Energy Office currently submits to the Governor's Office will also be submitted to the Public Utility Review Committee, the House Labor, Commerce and Industry Committee, and the Senate Agriculture and Natural Resources for their review. Finally, S.232 requires that each state agency to consider reductions of its energy, water, and wastewater use and implement recommended conservation measures to the degree the agency determines that the measures are cost effective. In order to determine what those energy, water, and wastewater savings would be, an audit must be performed by internal or external auditors, or by an energy services company.
Contacts: Patty Pierce and Ben Moore

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Week of April 27 - May 1, 2009

Monday, May 4, 2009

Conservation Bank {action item}

The final version of the budget from the Senate includes $2 million dollars for the Conservation Bank! This critical funding will allow the Bank to live up to its obligations and maintain the relationships that have protected more than 152,000 acres since 2002. For every State dollar the Conservation Bank has received it has produced 6 dollars in land value by leveraging state dollars with local and federal funds. A 6:1 return on investment is impressive for any state funded program. Please take the time to thank Senator Leatherman, Senator Courson, Senator McGill, and Senator Campsen, for their dedication to protecting our most valuable woodlands, rural landscapes, and historic places for our kids and grandkids. Please also contact your Representatives and ask them to protect Bank funding as the budget is reviewed!

Annexation Reform {action item}

Last Thursday, the House Special Laws Subcommittee received testimony on H.3253, a great annexation reform bill by Representative Bill Herbkersman and others. Patrick Moore of the Coastal Conservation League outlined the provisions of the bill and the need for comprehensive reforms to our state's outdated annexation laws. Representatives of the SC Home Builders Association and SC Municipal Association also commented on H.3253, but because testimony was cut short, a second meeting will be held when the House returns to Columbia on Tuesday, May 12^th. H.3253 includes the conservation community's reform priorities to current law that promotes unplanned development, undermines countywide land use planning, burdens taxpayers because of inefficient service delivery. Click here to show your support for H.3253, by writing your Representative, Senator and members of the House Judiciary 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).
Contacts: Patty Pierce and Patrick Moore

Building Codes {action item}

H.3550 by Representative Cato and others was approved this week by the House of Representatives!!! Now the bill has been referred to the Senate Labor, Commerce, and Industry Committee (LCI). H.3550 aims to delete outdated energy standards for residential construction from the South Carolina code and establish the 2006 International Energy Conservation Code (IECC) as the state energy standard for residential construction and renovations. This would be a huge leap in efficiency standards for our state!!! This simple change in law is estimated to cost about $600, but the average annual energy savings are $400, so the payback to consumers is less than two years. Help us ensure passage of this important bill before the end of the 2009 legislative session by clicking here and writing your Senator and members of the Senate LCI Committee today! Only nine legislative days remain to consider H.3550, so please act this week.
Contacts: Patty Pierce and Ben Moore

Energy Efficiency

S.9 by Senator Glenn McConnell (R-Charleston) and others, which would require state government agencies to establish modest energy efficiency and renewable energy goals and consider reductions of water and wastewater, was recommitted to the House Agriculture Committee this week for further consideration. Since the bill still needed to be 'cleaned up' to ensure it would not conflict with existing law relating to energy efficiency goals for state agencies, schools, and universities, and since members were proposing new amendments to the bill on the House floor, Representative Jeff Duncan (R-Laurens) referred the bill back to the Agriculture Committee. The House will not be in statewide session the week of May 4^th, so only six legislative days remain to ensure passage of S.9 this year. We'll keep advocating for passage of this bill this year since S.9 includes many important provisions that could increase the use of renewable energy statewide and encourage energy, water, and wastewater efficiency and conservation.
Contacts: 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 definition of renewable energy resources and ensures 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 was approved by the House of Representatives this week, only after amending it one more time. Language from S.9 that would 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 was added to S.232 during the House debate on this bill. Then the bill was sent to the Senate for its consideration. We'll encourage the Senate to adopt the bill as it was amended in the House to ensure passage of the bill this year. S.232 could be considered any day the Senate is in statewide session.
Contact: Patty Pierce and Ben Moore


Sixth Annual Lobby Day a Success!

More than 100 conservation advocates gathered in Columbia last Tuesday to hear from 5 2010 gubernatorial prospects and lobby the legislature. After hearing from Attorney General Henry McMaster, Senator Vincent Sheheen, and Representative Harry Ott, participants learned lobbying 101 and heard issue updates from S.C. Department of Natural Resources Director John Frampton, Marvin Davant, and Lucy Mills Parsons. The group headed to the State House to lobby on the fair share water withdrawal legislation, Conservation Bank funding, energy efficient building codes, and the landfill moratorium

After lunch, we heard from Dr. Brent Nelson and Lt. Gov. Andre Bauer speak on the conservation vision for South Carolina. The day ended with the annual oyster roast. We celebrated the passage of the Farm to School Act and enjoyed local food and oysters while listening to great live music by Purple Mermaid.

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