Legislative Update, April 12-16

Last week was especially busy as the legislature returned to the State House after taking a furlough. While water withdrawal legislation took another important step forward, an undesirable amendment was made to the Conservation Bank bill:

Water Withdrawal Permitting
The House Environmental Affairs I subcommittee unanimously supported the Water Withdrwawal Permitting, use and Reporting Act last week! We would like Chairman David Hiott (R-Oconee), Rep. Mike Forrester (R-Spartanburg), Rep. Chandra Dillard (D-Greenville), and Rep. Nelson Hardwick (R-Surfside Beach) for supporting this important first step in managing South Carolina's water resources. Please take a moment to ask the full House Agriculture and Natural Resources Committee to support S.452 when they take it up on Thursday, April 22.

Staff Contact: Patrick Moore

E-waste
H.4093, introduced by Rep. Dwight Loftis (R-Greenville) passed the Agriculture and Natural Resources Committee last week. The bill has previously passed the full House. The bill requires manufacturers who sell most TVs, computers and printers in S.C> to establish recovery programs at no cost to the consumer. The bill is supported by industry and conservation groups and will help improve water quality by keeping toxic heavy metals out of our landfills and waterways.

Staff Contacts: Dennis Glaves and Merrill McGregor

Conservation Bank
The economic woes of our state have forced lawmakers to take a hard look at their funding priorities. And while the unfortunate collapse of the market has resulted in record unemployment, grossly inadequate funding for public health insurance programs, foreclosures and a struggling local economy; sound investment of taxpayer dollars into the State's only conservation land trust has provided a steady return on clean air and water, fresh food, natural beauty, local jobs and public recreation. So the good news is that some of our states lawmakers understand this issue. They see the interconnectedness of environmental and social issues; how conservation practices produce economically viable communities (Not to mention children who are better equipped to learn in school, reduced chronic health conditions, fewer racial and ethnic health disparities, business relocation incentives, and protection of taxpayer dollars allocated to the provision of services in SC's ever expanding suburbia). Senators like Chip Campsen, Yancey McGill, and Danny Verdin as well as House members like Rep. Roland Smith and Rep. Jim Merrill have supported the Conservation Bank time and time again. They do this because there is growing opposition to the Conservation Bank during this frightening fiscal crisis. Because the bad news is tantamount to taking funding from disabled children. But the reality is that legislation gutted in the House Ways and Means Committee last week would simply reverse harmful language that treats the Conservation Bank unfairly during an economic downturn. As written, when other agency budgets are reduced, the Conservation Bank's budget is zeroed out. it is worth noting that back in 2002, the SC Legislature was reluctant to enact the forward thinking Conservation Bank legislation without the caveat of this "Death Clause" language. Hard work from the conservation community and our aforementioned legislative champions resulted in the ultimate creation of yet another state agency that is continually threatened not only by its dedicated source of revenue (deed stamp fees), but by the overall budgeting process at the State House as well. We've been fighting for its removal ever since, much to the chagrin of the House Ways and Means Committee, where not a single member spoke in favor of righting this wrong, save the comments of Rep. Roland Smith and Jim Merrill. It's not a matter of putting trees before education or health care - the legislature has an ongoing practice of attempting to secure needed funding from every source possible during crunch times, and current Conservation Bank legislation does not contain any provisions that would limit the General Assembly's authority to do so - no bill does. Which is why the Death Clause is obsolete. It is important to treat the Conservation Bank the same as other state agencies. Hopefully, a majority of lawmakers will see the sense this policy makes and remove the Death Clause in FY 2010-2011.

Staff Contact: Catherine Warner


Mega Mall Tax Incentives
S. 1054, by Sen. Clementa Pinckney (D-Jasper), has passed the full Senate. A provision granting Hardeeville or Jasper County the authority to impose an additional 1 or 2 cents sales tax replaces state general funds. The bill now goes to the House for consideration. CCL continues to have concerns about the environmental impact of such a massive project on the headwaters of the Oakatie. WE expect a hearing in the House Ways and Means Committee with the next two weeks.

Staff Contact: Dennis Glaves

Renewable Energy/Energy Efficiency Municipal Financing Districts
The League will also be advocating for legislation creating Renewable Energy/Energy Efficiency Municipal Financing Districts. These voluntary districts would allow homeowners to combine the costs of their efficiency and renewable projects, get funding from the municipal bond market and pay back the loan with the savings in energy costs. These programs are voluntary on the part of the municipality and the homeowner and can save money while reducing carbon emissions.

These types of financing districts are getting significant amounts of attention as they begin to be adopted by larger and larger municipalities. CCL has been working with the Municipal Association of South Carolina and other stakeholders to get support for the bill.

Rep. Erickson (R-Beaufort) has filed H.4683 and we anticipate a hearing on the legislation in the next few weeks. We are working with the SC Bankers Association to address some concerns they have. This legalisation has been received favorably by a number of key allies, like the Municipal Association and SC Electric Cooperatives.

Staff Contact: Dennis Glaves

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Legislative Update, March 29th - April 2nd

The House was on furlough last week; therefore the CCL Legislative Team focused on Senate issues at the State House. We are happy to report another major victory for the Conservation Community with the signing of important Energy Efficiency legislation:

S.1096 Utility Energy Efficiency Financing
S. 1096, introduced by Sen. Glenn McConnell (R-Charleston), was signed into law by Governor Mark Sanford on Wednesday, March 31st. The bill provides a mechanism for low interest loans to retrofit some of our most energy inefficient homes and manufactured housing thereby reducing heating and cooling bills. We would like to thank the members of both houses as well as industry for supporting this legislation. CCL supported this effort because it will save money, save energy, and create local jobs.
Staff contact: Dennis Glaves

S.1054 Mega Mall Tax Incentives
A very contentious debate over the last three weeks has been resolved in the Senate. S.1054, introduced by Sen. Clementa Pickney (D-Jasper), has passed with an amendment that rewrites tax incentives. The bill would have provided tax breaks/hard cash to Sembler Corp. to build a mega mall in Beaufort/Jasper Counties from general revenue funds.

Proponents, fearing a defeat, agreed to an amended version with scaled back incentives that does not use general fund monies but allows for increased sales taxes to be collected at the mall. Sen. Tom Davis (R-Beaufort) was very impressive in arguing against the bill in its original form and many other Senators from around the state came to his aid during debate. An amendment offered by Sen. Leatherman (R-Florence), Chairman of the Finance Committee, has restructured the bill. The bill now goes to the House.

In its current form Hardeeville City Council will be allowed to add 1 additional cent sales tax on merchandise sold at the mall. They can add a second penny if the residents vote for it in a referendum. Funds can only be used for infrastructure improvements: roads, storm water runoff, etc. No monies can be used for building the mall facilities and none of the money counts towards the investment commitments Sembler must make to be paid for these infrastructure improvements.

While we are concerned with environmental impacts associated with this project, that fight will be fought through regulatory agencies, assuming the project continues to move forward. The fight in the Statehouse seems to be focused almost completely on fiscal policy.
Staff contact: Dennis Glaves

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Legislative Update, March 22-26

We have reached the mid-way point of this year's legislative session and our conservation issues continue to receive significant attention in the South Carolina General Assembly. While we try to keep the update mail short and to the point, we try and give a better picture of what is going on with each issue here on the blog. If you have any questions or comments, please don't hesitate to contact us.

S.1054 Mega Mall Tax Incentives
A very contentious debate over the last 10 days has been resolved in the Senate. S.1054 by Sen. Pickney (D-Jasper) passed on second reading with an amendment that rewrites the tax incentives. The bill would have provided tax breaks/hard cash to Sembler Corp. to build a mega mall in Beaufort/Jasper Counties from general revenue funds. Proponents, fearing a defeat, agreed to an amended version with scaled back incentives that does not use general fund monies but allows for increased sales taxes to be collected at the mall.

Sen. Tom Davis (R-Beaufort) was very impressive in arguing against the bill in it's original form and many Senators from around the state came to his aid during debate. An amendment offered by Sen. Leatherman (R-Florence), Chairman of the Finance Committee, has restructured the bill.

Hardeeville City Council will be allowed to add one additional cent sales tax on merchandise sold at the mall. The can add a second penny if the residents vote for it in a referendum. Funds can only be used for infrastructure improvements: roads, storm water runoff, etc. No monies can be used for building the mall facilities and none of this money counts towards the investment commitments Sembler must make to be paid for these infrastructure improvements.

While we are concerned with environmental impacts associated with this project, that fight will be fought through regulatory agencies if the project moves forward. The fight in the statehouse seems to be focused almost completely on fiscal policy.

Staff Contact: Dennis Glaves

S. 452 Water Withdrawal Permitting

The House Environmental Affairs Subcommittee, chaired by Rep. David Hiott (R-Pickens), carried over the Water Withdrawal Permitting, Use and Reporting Act on March, 24th. The bill, which was approved by the Senate 2 weeks ago, establishes a permitting system for water withdrawals over 3 million gallons per month. CCL supports this bill because it is an important first step in protecting our rivers and lakes.

Subcommittee members heard testimony in favor of the bill from CCL, South Carolina Wildlife Federation, The Nature Conservancy, Conservation Voters of South Carolina, Sierra Club, American Rivers, The SC Manufacturers Alliance, The South Carolina Farm Bureau, SCDHEC and others. The SC Department of Natural Resources expressed concern about making the bill clearer as to how minimum instream flow will be set for new withdrawers. Throughout the discussions on the water withdrawal permitting bill, much of the focus has been on how much water must be left in the river to protect fish and wildlife. Ultimately, there are 2 categories of use in our surface waters: instream and offstream. Instream uses are recreation, navigation, and fish and wildlife while offstream uses are drinking water, power production and manufacturing processes. CCL supports this bill because it recognizes that a seasonally variable minimum flow is necessary to protect fish and wildlife. The bill protects this seasonal flow by requiring new users to go to implement their contingency plans when flows in the river get too low. This will generally consist of an offstream pond or water source that is filled when flows are high. S. 452 is a fundamental recognition that our surface waters are public resources and private use should require a permit to protect the public's interest in the water.

The subcommittee will likely hold another hearing on S. 452 when they return the week of April 12, 2010. Look out for an action alert on this important issue after the Easter Holiday.

Staff Contact: Patrick Moore

H. 3924 Prescribed Fire
H.3924, introduced by Chairman Jim Harrison (R-Richland), passed out of the full House Judiciary Committee on March 23rd. This bill provides greater protections for landowners who choose to conduct prescribed burns on their property. CCL supports the passage of this important legislation because it promotes the most efficient and cost effective forest management tool within South Carolina.

Staff Contact: Merrill McGregor

H.4093 E-waste
H.4093, introduced by Rep. Dwight Loftis (R-Greenville) passed the Agriculture and Natural Resources Subcommittee last week. The bill has previously passed the full House. The bill requires manufacturers who sell most TVs, computers and printers in S.C. to establish recovery programs at no cost to the consumer. The bill is supported by industry and conservation groups and appears that it will have a positive impact on landfills within the State.

Staff Contact: Dennis Glaves

H. 4503 Phosphates Restriction
H. 4503, introduced by Rep. Mike Pitts (R-Laurens) places restrictions on the inclusion of phosphates in the use, sale of manufacturing of cleaning agents, which will help to protect the quality of water in South Carolina. CCL supports this legislation because it will help control excessive levels of harmful nutrients in our waterways.

Staff Contact: Catherine Warner

H. 4445 Permit Extensions
After considerable debate among members of the Senate Judiciary Committee, the Permit Extension Joint Resolution Act of 2010 introduced by Rep. Dwight Loftis (R-Greenville) , which would extend permits in existence as of January of 2008 and extend them until 2012, received a favorable report and will move on to the Senate floor. CCL supports the amendment adopted by the Senate Judiciary Committee that protects marsh islands and allows local governments to decide whether or not to review development agreements but concerns about public notice and some types of permits remain to be worked out on the Senate floor.

The idea behind this resolution is that times are tough and the cost of renewing permits could be the difference in the viability or non-viability of projects throughout the State and we should renew any permit that was in effect on Jan.1 2008 and extend it through 2012, even if the permit has expired or the rules for the same permit have changed. This will in theory encourage economic activity by reducing the burden of all state and local regulatory permitting systems.

The logic is clear: the permit was granted the first time but the economy meant I could not get a loan, things are picking up, help out by not requiring me to get the same permit. It makes sense. The problems come in when you consider laws that have changed since 2008, meaning that you would be reviving permits for projects that would be impermissible today under the rules approved by the General Assembly. Bridges to Marsh Islands and Community Docks are examples of changed permitting requirements.

Then there are home rule considerations. The resolution extends almost all local approvals too, but then declares that it does not keep any government from exercising its legitimate powers. This contradiction puts local governments in a defensive position of litigating against applicants for projects that the Town now deems incompatible with surrounding land uses who claim that the resolution entitles them to a revived permit.

There are also due process of law questions that were raised at full Committee. If my neighbor had a dock permit in 2008 and it expired and suddenly this bill revives that permit with no property specific notice in the newspaper, what happens? What if I bought the property specifically after checking to see if there were any active dock permits? What about my right to appeal? These questions were raised but not fully answered at full committee.

An amendment was adopted at full committee that excluded bridges to marsh islands and development agreements, which improves the bill significantly. CCL would like to see the resolution not apply to any permits where the rules have changed since the expiration of the permit.

We would like to thank Sen. Glen McConnell (R-Charleston), Sen. Chip Campsen (R-Charleston), Sen. Mike Rose (R-Dorchester), and Sen. Tom Davis (R-Beaufort) for working to make this a better resolution.

Staff Contact: Catherine Warner

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Legislative Update, March 15-19

It was another busy, yet exciting week at the State House for the CCL Legislative Team! While the House debated the budget, the Senate continued their discussions on conservation issues and passed important water legislation:

S.452 Water Withdrawal Permitting
S.452, the Surface Water Withdrawal Permitting, Use and Reporting Act passed the full Senate on Tuesday, March 16th! The bill will be heard by the House Environmental Affairs Subcommittee on Wednesday, March 24th. CCL supports the S.452 compromise because it is an important first step at managing our rivers and negotiating with other states over shared water resources.

S.1054 Mega Mall Tax Incentives
Debate continues on S.1054 by Sen. Clementa Pickney (D-Jasper) this week with a potential amendment that would make passage more likely. A provision granting Hardeeville or Jasper County the authority to impose an additional 1 or 2 cents sales tax is being discussed. We are awaiting a final version of this amendment. The bill is currently being opposed by CCL and others on environmental and fiscal policy grounds.

S.903/H.4269 Conservation Bank
The Conservation Bank found itself in the uncomfortable position between a proposed increase in the tax on cigarettes and an intense abortion debate during last week's House budget hearing. While the base funding proviso is included in the House version of the appropriations bill, amendments sponsored by Rep. Jim Merrill (R-Berkeley) and Rep. David Umphlett (R-Berkeley) to transfer $2 million from either DNR or LLR were tabled. The good news is that there is still considerable bi-partisan support for the Conservation Bank and the CCL legislative team will be working on passage of H.4269 (the "Death Clause") in the House Ways and Means Committee. It is a difficult year for the Bank - thanks to all our supporters who contacted their legislator about the base funding proviso. Thanks are also due to Rep. Bill Herbkersman (R-Beaufort), as he continues to champion H.4269 which moves us closer to eliminating an unfair budgeting practice that takes land conservation off the priority list for the state.

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Legislative Update, March 8-12

After another successful week at the State House, the CCL Legislative team is happy to report more victories for the Conservation Community:

S.903/ H.4269 Conservation Bank
In these tough economic times, it is reassuring to know that many lawmakers understand the immediate and long term benefits of land conservation. The CCL Legislative team would like to thank Sen. Yancy McGill (D-Florence), Sen. Chip Campsen (R-Charleston), Sen. Paul Campbell (R-Berkeley), Sen. Danny Verdin (R-Greenville) and all of the members of the Senate Agriculture Committee and Senate Finance Subcommittee who spoke in favor of the Conservation Bank this week. This agency is working hard to remove a harmful provision in the current legislation that zeros out all funding should there be budget reductions for other state agencies. S.903 passed out of the full Senate Agriculture Committee with kind workds from Conservation Bank champions like Sen. Campsen, Sen. Campbell and Sen. McGill, who referred to their actions that day as "righting an injustice" that was done when the original legislation was drafted. Sen. McGill also offered strong support for the Conservation Bank during the agency's budget hearing later in the week.

Broad support for the agency from our supporters bolstered the debate on S.903's companion bill, H.4269, which went before the House Ways and Means Property Tax Subcommittee on Thursday. Again, CCL would like to thank Rep. Bill Herbkersman (R-Beaufort), who testified to the Subcommittee on behalf of the Conservation Bank, and Rep. Rex Rice (R-Greenville), Rep. Bill Clyburn (D-Aiken) and Rep. Annette Young (R-Charleston), who agreed that preserving the State's natural resources is a meritorious effort and passed the bill out of the Subcommittee. All in all, this busy week for the Conservation Bank indicates a strong desire among legislators to move forward with legislation that protects and preserves access to beautiful stretches of land, creates and maintains jobs, supports tourism and improves the health and wellbeing of South Carolina.

H.3924 Prescribed Fire
Prescribed Fire legislation introduced by the Chairman of the House Judiciary Committee, Rep. Jim Harrison (R-Richland), passed out of the Constitutional Law Subcommittee last week. We would like to thank the members of the Subcommittee including Chairman Greg Delaney, Rep. Harrison, Rep. Garry Smith, Rep. James Smith and Rep. Walt McLeod. H.3924 provides greater protection for landowners who choose to conduct prescribed burns on their property and is supported by a number of organizations.

It is an essential resource management tool that benefits the safety of landowners and the public, the environment, and the economy of the community and state. The controlled reduction of forest fuel and prevention of forest fire, improved wildlife habitat, and control of insects and disease are just a few reasons that this is the most cost effective and efficient form of forest management in the State. However, even with the evident benefits, liability is consistently listed as a major concern for landowners and is often the reason that they do not engage in it. With 88% of forestland in SC being privately owned, these landowners are the primary caretakers of our forests.

The continued need to use prescribed fire in an educated and judicious manner has been recognized in other states. Similar prescribed fire legislation has been passed in both Florida and Georgia. Passage of this important legislation will ensure that natural resource managers and private landowners in South Carolina are offered similar liability protections in the future.

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Legislative Update March 1-5

Last week was a great success for the Conservation Community, many important pieces of legislation relating to our issues moved forward. Bills relating to land use, water, energy and recycling took center stage:

S.903 Conservation Bank
S. 903, introduced by Sen. McConnell (R-Charleston), was passed favorably out of Senate Environmental and Natural Resources Subcommittee last Wednesday with a unanimous cote and will be heard in the full Agriculture and Natural Resources Committee this Wednesday, March 10th. The Conservation Bank will also have a budget hearing this Thursday, March, 11th. S.903 eliminates the unfair "Death Clause" language and puts funding of the Conservation Bank in line with the other agencies in tough economic times. We would like to thank the Senators on the Subcommittee for voting in favor of this legislation and encourage continued support for this important conservation program in the State.

S.1075 Condemnation of Conservation Easements
S.1075, introduced by Sen. Vince Sheheen (D-Camden), passed unanimously our of the Judiciary Subcommittee on Wednesday. The bill would allow the holder of a conservation easement to get judicial review as to whether there are reasonable and prudent alternatives to condemning an eased property for a public purpose. CCL supports this bill because it protects easement holders and encourages conservation.

S.1096/H.4446 Utility Energy Efficiency Financing
S.1096, introduced by Sen. Glenn McConnell (R-Charleston), passed the full Senate on Feb. 25th and has been sent to the House. Last week the House Labor, Commerce and Industry Committee voted favorably to send the bill to the floor and we expect action on it this week. We would like to thank the members of both houses for supporting this legislation and look forward to final passage. We expect a final version of this legislation to be sent to the Governor later this month. CCL supports this bill because it will save money, save energy and create local jobs.

H.4093 E-Waste Recycling
On March 3rd the full House passed H.4904 by Rep. Loftis (R-Greenville) which will require manufacturers of computer equipment and larger televisions sold in South Carolina to establish recovery programs for the recycling of their products. We would like to thank the members of the House for their overwhelming support. It now goes to the Senate for consideration. CCL is supportive of this measure as it will keep hazardous metals out of the State's landfills.

This bill is a collaborative effort between industry and the Conservation Community to establish a framework by which all manufacturers of computer equipment and televisions with a viewable screen of nine inches or larger must establish a convenient program for the recovery of their product when a consumer wishes to dispose of them.

As one of the findings of the bills states: "Developing and implementing a system for recovering televisions, computing, and printing devices promotes resource conservation, public health, public safety and economic prosperity."

There are a number of provisions contained in the legislation dealing with how a manufacturer may meet this goal but the intent is that E-Waste should not into our landfills.

The bill does not cover telephone equipment, PDA's or cellphones.

If enacted, as of July 1, 2011, this bill would also prohibit any consumer from "knowingly placing any of these covered devices in a waste stream that is to be disposed of in a solid waste landfill." The bill also states that the owner or operator of a solid waste landfill cannot knowingly accept this material after this date.

S.1054 Mega Mall Tax Incentives
The full Senate voted 29-13 on Feb. 25th to place the highly controversial S.1054 by Sen. Clementa Pickney (D-Jasper) on the Special Order Calendar, with full Senate action and a possible filibuster as early as this Tuesday, March 9th. The bill offers up to $130 million in tax breaks to a single developer if certain hiring targets are met and is being opposed by CCL and others on environmental and fiscal policy grounds.

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Legislative Update Feb.22 - 26

Energy and Land Use are some of the top priorities for the Columbia Office and were a major topic of discussion last week at the State House. With bills realting to both of these issues in the Senate and the House, our efforts will be focused on the following pieces of legislation in the coming weeks:

S.1096/H.4448 Utility Energy Efficiency Financing
S.1096, introduced by Sen. Glenn McConnell (R-Charleston), was passed by the full Senate on February 25th and has been sent to the House. We would like to thanks the members of the Seante for supporting this legislation. The House companion bill, H.4448 by Rep. Sandifer (R-Oconee), is on third reading and will likely be passed this week setting up a conference with a final product expected to be sent to the Governor later this month. CCL supports this bill becuase it will save money, save energy and create local jobs.


S.1054 Mega Mall Tax Incentives
The full Senate voted 29-13 on February 25th to place the highly controversial S.1054 by Sen. Clementa Pinckney (D-Jasper) on the Special Order Calendar, setting up a possible filibuster this week. The bill offers up to $130 million in tax breaks to a single developer if certain hiring targets are met and is being opposed by CCL on environmental and policy backgrounds.

This bill currently addresses one project (Okatie Crossings) and one developer (Sembler Corporation of Atlanta). It is being portrayed as a jobs bill for Jasper County, but the State Board of Economic Advisors has stated that very few new retail jobs will be created, but rather would just move from other nearby facilities.

An enormous impervious surface footprint will be added to the Okatie and New River watersheds - more than 200 acres of new rooftops and asphalt present unavoidable water-quality impacts for these two impared rivers.

No stormwater management plan has been submitteed to the permitting agency, the S.C. Department of Heath and Environmental Control.

SC Coastal Conservation League staff met with Sembler representatives in July 2009 and expressed our concerns regarding this project. Since that time, CCL has repeatedly asked that any new documentation or designs be forwarded to us, particularily a stormwater management program.

To date, not a single item has been offered.

CCL, along with other groups are questioning the fiscal rational for such a large tax giveaway to a single developer who will be in direct competition with existing businesses.

For their part, Sembler has publicly stated that they will not go forward with the project as envisioned, without this tax subsidy.

Support the Conservation Bank!
The Conservation Bank is going to have a hearing on the Death Clause (S.903, introduced by Sen. McConnell) this Wednesday, March 3rd at 9:30 AM in the Senate Agriculture and Environmental Subcommittee. This legislation, along with it's companion in the House (H.4269, introduced by Rep. Herbkersman), will keep the funding cuts in line with the rest of the agencies in years where the appropriations are reduced or when the state is subject to across the board cuts.

Additionally, the Conservation Bank will have a budget hearing in front of the Senate Finance Committee on March 11th. The budget hearing on the House side was well attended by advocates and was recieved favorably by the legislators staffing that subcommittee. The CCL Legislative Team thanks all who came to show support in the past and encourages everyone to show up again for our hearings on the Senate side on March 3 and March 11.

If you cannot make it to our hearings, please tell legislators to support S.903 by clicking HERE.

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Legislative Update Feb. 15-19

Energy and water legislation took precedence last week in the State House for the conservation community. The following bills were in the spotlight in the House and Senate:

S.1096, the Utility Energy Efficiency Financing legislation introduced by Sen. Glenn McConnell (R-Charleston) was favorably passed out of the Senate Judiciary Committee. This bill would authorize electric and gas utilities to finance residential energy efficiency and conservation measures over a specified time period and collect the principal and interest on the utility bill. CCL supports this bill, which provides the mechanism for energy efficfient retrofits to save money and energy as well as create local jobs. We would like to thank the following members of the Judiciary Committee for supporting this legislation: Senators Glenn McConnell (R-Charleston), Robert Ford (D - Charleston), Larry Martin (R-Pickens), Luke Rankin (R-Horry), Brad Hutto (D-Orangeburg), Jake Knotts, Jr. (R-Lexington), Gerald Malloy (D - Darlington), Vince Sheheen (D-Kershaw), Chip Campsen (R-Charleston), Raymond Cleary (R-Georgetown), Joel Lourie (D-Richland), Kent Williams (D-Marion), Paul Campbell, Jr. (R-Berkeley), Shane Massey (R-Edgefield), Lee Bright (R-Spartanburg), Creighton Coleman (D-Fairfield), Tom Davis (R-Beaufort), Shane Martin (R-Spartanburg), Mick Mulvaney (R-Lancaster), Floyd Nicholson (D-Greenwood), Mike Rose (R-Dorchester), John Scott, Jr. (D-Richland) and Phillip Shoopman (R-Greenville).

The House companion bill, H.4448, by Rep. Sandifer (R-Oconee), is expected to be read to the full House this week as early as Tuesday. It does not appear to have opposition and should be voted our and sent to the Senate.

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February 1-5, 2010

Welcome to the SC Conservation Legislation weekly blog. This is where you can find more information on bills contained in the Coastal Conservation League's weekly legislative update, as well as links to status reports on all the League's legislative priorities.

Bills that moved during the week of Feb. 1-5, 2010:

Utility Energy Efficiency Financing- H. 4448

The House Labor, Industry and Commerce Committee amended and approved H. 4448 by Rep. Sandifer (R-Oconee) which would authorize electric and gas utilities to finance residential energy efficiency and conservation measures over a specified time period and collect the principal and interest on the utility bill. This bill was originally written to apply only to the electric cooperatives but was amended so that it now covers investor owned utilities, Santee Cooper, and natural gas utilities as well. Projects that can be financed energy efficiency measures such as insulation, thermal windows, or upgrades to more efficient heat pumps. Renewable energy projects such as solar are not covered. The bill is silent on where the utilities will get the money to lend for these projects and utilities may have varying sources. The bill now moves to the full house and given the high level of support it received in committee passage is likely. CCL is supporting this bill because it provides the mechanism necessary to perform efficiency retrofits on a large scale, lowering electricity rates, creating jobs, and moving South Carolina towards an energy efficient economy

Staff Contact: Dennis Glaves

Multicounty Business Parks - S. 1054

The Senate Finance Committee has approved S. 1054 by Senators Pinckney (D-Jasper) and Malloy (D-Darlington) which allows counties under certain conditions to grant developers of “extraordinary commercial facilities" (Sembler Mega Mall on the Okatie) a reimbursement of tax revenue collected from retail sales. Legislation can’t identify a specific company and must be general in nature but this bill is written in such a way that only one project currently being proposed meets the definition of an “Extraordinary Commercial Facility” and that is Sembler Corporation’s Okatie Crossings project in the Bluffton area. S. 1054 is a highly contentious bill in that Jasper County is betting a lot of sales tax revenue (figures vary from $40 million to $130 million) in the hope that Okatie Crossings will generate jobs in one of the counties with a high unemployment rate. While the issue of tax revenue giveaways to Sembler is the crux of this bill, CCL is mainly focused on the local environmental impacts of this project, primarily a storm water runoff plan that has yet to be offered. The proposed project sits on the head of the already impaired Okatie River. The bill is now on the calendar for full Senate debate but several senators are using procedural measures that will make a final vote more difficult.

Staff Contact: Dennis Glaves

E-Waste - H. 4093

The House Committee on Agriculture, Natural Resources and Environmental Affairs approved an amended version of H.4093 by Rep. Loftis (R-Greenville) and others which would establish a requirement for manufacturers of computers, printers and most televisions to implement local recycling programs for electronic equipment. The amendment offered in full committee was worked out with all the interested parties. Currently, the computer manufacturers, Waste Management, the retailers and the conservation community are all onboard. Absent any last minute objections, it appears that this bill may move to the floor very quickly. The bill requires manufacturers or their agents to set up recycling programs with the intent to keep these devices out of landfills. The bill also requires signage at landfills informing citizens that dumping e-waste at these locations is illegal. While not all electronic devices are covered; a substantial portion are. Currently, hand held devices such as PDAs are not covered. This recycling program will go a long way towards keeping toxic metals like Mercury out of our landfills and drinking water. We would like to thank Reps. Loftis, Funderburk and Agnew for their leadership on this issue.

Staff Contact: Dennis Glaves

DHEC Reform - S. 384

An amended DHEC Reform bill passed out of the Senate Medical Affairs Committee to the full Senate. We thank Sen. Harvey Peeler and the Senate Medical Affairs Committee for giving attention to S.384 even though we are disappointed that the bill was reported out without the inclusion of amendments offered by Senators David Thomas and John Courson to increase the authority of the DHEC Board instead of making DHEC a cabinet agency. We encourage Senators to support floor amendments to make DHEC more transparent, accountable and effective.

Staff Contact: Patrick Moore

Permit Extensions-H. 4445

This bill passed out the Labor, Industry, and Commerce committee and goes to the House floor for debate after the furlough week of Feb. 8-12. The bill extends all permits in effect on January 1, 2009 and extends their validity until March 15, 2011. The goal of the bill is to ease the financial burden of re-applying for the permits in tough economic times. The League is concerned that portions applying to local governments could implicate the article 8, section 17 Home Rule provisions of the South Carolina Constitution. The League is also concerned that the bill would revive some permits where the regulations governing the permit have changed since the expiration. This legislation should not revive permits that would now be illegal pursuant to regulations reviewed and approved by the South Carolina General Assembly.

Staff Contact: Patrick Moore

As always, you can view our legislative priorities by clicking CCL Legislative Priorities

Thanks for reading the CCL legislative blog. If you have any questions, please don't hesitate to contact any member of the legislative team.

Sincerely,

Patrick, Dennis, Cathy, and Merrill

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