Conservation Voters is monitoring the progress of the following bills:
SC Senate Conservation Related Legislation 2011
Alcohol Beverage Container (ABC) Recycling bill (S.461, Sen. Ray Cleary/H.3590, Rep. James Smith) PRIORITY
S. 461 provides funding to implement statewide recycling at bars and restaurants that serve alcoholic beverages. It would require bars and restaurants to start recycling their plastic, glass, aluminum containers and cardboard boxes by 2013. This legislation would grow the recycling sector by 12 percent annually and create over 36,000 jobs in five years. An increase in recycling would also lead to lower taxes, since it costs significantly less to recycle our trash ($30 a ton) than to send it to a landfill ($50 a ton) or to incinerate it ($75 a ton). H. 3590 calls for a bottle deposit on all glass beverage containers. These efforts would lead to increase recycling in our state, which creates jobs and reduces the amount of trash going into our landfills. S.461 has been referred to the Judiciary Committee.
Conservation Bank (S.48, Sen. Glenn McConnell)--
Gets rid of Death Clause, replacing it with language stating that the Conservation Bank budget cuts will be the same as other state agencies when their budgets are cut. It also extends the sunset clause to 2023.
Conservation Bank (S.138, Sen. Chip Campsen)--Establishes the Bank into perpetuity by making permanent law.
Conservation Bank (S.139, Sen. Chip Campsen) --Makes the Bank permanent law and removes Death Clause.
DNR and Film Incentives (S.49, Sen. Glenn McConnnell)--Allows for increased use of funds for film marketing by DNR.
Transportation Infrastructure Bank (S.38, Sen. Glenn McConnell)--Uses sales, use, and casual excise tax revenue for the State Highway Fund and requires that an equal amount of non-state dollars go into the State Transportation Infrastructure Bank, instead of the Education Improvement Act of 1984 Fund. It also puts gas tax revenue into the STIB instead of the General Fund.
Yucca Mountain (S.92, Sen. Greg Ryberg)--Urges Congress to endorse Yucca Mountain's sustainability as a permanent federal repository for high-level radioactive materials.
Renewable Energy (S.95, Sen. Larry Grooms)--Defines renewable energy resources as solar photovoltaic energy, solar thermal energy, wind power, hydroelectric, geothermal energy, tidal energy, recycling, hydrogen fuel derived from renewable resources, biomass energy, and landfill gas.
Renewable Energy (S.96, Sen. Larry Grooms)--Concurrent resolution requesting SC Congressional delegates to oppose Cap and Trade legislation and support legislation that encourages states to establish and develop their own renewable energy portfolio standards.
DOT and I-73 Toll (S.103, Sen. Larry Grooms)--Allows DOT to solicit proposals for public-private initiatives from public-private entities, allows eminent domain regarding public-private initiatives, and allows a toll on I-73 but no tolls on federal interstates without approval of the General Assembly.
DOT and River Basins (S.104, Sen. Danny Verdin)--The Department of Natural Resources must coordinate with DOT to put up road signs designating SC river basins.
DOT and Agri-tourism (S.105, Sen. Danny Verdin)--SC DOT must create and supervise a statewide program that provides info on agritourism facilities.
Lake Greenwood (S.106, Sen. Danny Verdin)--Defines litter and requires DHEC to maintain a litter offender database. It specifically addresses litter and solid waste offenses as they relate to Lake Greenwood, but the definitions apply to various public/private properties and seem to exclude mining waste from mining operations and fertilizer/animal waste from "normal" agricultural operations.
Solar Tax Credits (S.32, Sen. Glenn McConnell)--Provides an additional state income tax credit equal to 20% of the 30% income tax credit offered by the Federal gov't; exempts machinery, etc used in energy production from a renewable source from sales tax.
Restructuring (S.134, Sen. Chip Campsen)--Creates a Department of Administration; creates an Office of State Inspector General; establishes the Department of the State Chief Information Officer.
Dept. of Energy Restructuring (S.152, Sen. Phillip Shoopman)--Enacts the State Department of Energy Restructuring Act by adding that the State DOE is to be headed by the State Energy Director, who is appointed by the Governor (advised by Senate)
Timber Sales (S.168, Sen. Phillip Shoopman)--Increases the penalty for cutting, removing, or transporting timber products without consent of the landowner from $500 to $1500.
Local Government Funding (S.176, Sen. Michael Rose)--Relieves local government from having to pay state mandates when the amount of money appropriated to the Local Gov't Fund is less than the previous year.
Bio-Diesel (S.190, Sen. Creighton Coleman)--Extends tax credits for ethanol and biodiesel facilities to 2020.
Tax Credits (S.206, Sen. Tom Davis)--Requires tax credits to be introduced as separate legislation subject to recorded vote; makes tax credits conditional, forgivable loans; requires analysis of tax incentives and subsidies by BEA
Rice Field Impoundment (S.121, Sen. Chip Campsen)--Enacts the Wetlands Restoration Act which provides that certain impoundments that originally impounded a parcel of tideland or marshland but no longer completely impounds that parcel may be repaired or restored.
Annexation (S.313 General Bill, By Davis and Rose) (referred to Judiciary) Similar (H 3247)
Requires a "plan of services" before approval of all annexation proposals, and requires that new annexations be consistent with local comprehensive land use plans.
Department of Energy (S.152, Sen. Phillip Shoopman)--SC Government Restructuring Act.
Waste Flow Control (S.514, Sen. Verdin)- this bill would undo Horry County Council’s "flow control" ordinance that requires waste generated within Horry County to be disposed of at the County’s own state-of-the-art disposal site. Waste disposal has traditionally been considered a local government function and we are concerned that this legislation would weaken home rule. In addition, funding for the County’s aggressive recycling and educational programs would be reduced because almost 25% of the tipping fees support those programs.
Solid Waste Site Approval (S.356, Sen. Verdin)- an applicant for solid waste management facility permits must obtain preliminary site approval from DHEC before constructing, expanding or modifying their site. Applicants must describe a plan for the geologic and hydrologic conditions of the site for approval.
Savanna River Expansion (S.471, Sen. Grooms)- this is a concurrent resolution to oppose any expansion of the Savannah River in our state unless economic benefits are guaranteed to the people of South Carolina and assurance is given that state water quality standards will not be violated.
Geothermal Heat Pump Installation (S.536, Sen. Leventis)- provides an income tax credit for up to 25% of the cost of the purchase and installation of a geothermal heat pump system.
Solar Tax Credits (S. 474, Sen. Reese and Sen. Sheehen)- provides a tax credit if an individual has invested in equipment to use solar heat as an alternative energy source. The credit is equal to 35% the cost of the equipment purchased. Single family homes may apply unused credits for the next ten fiscal years after the equipment is installed. These credits will expire if the solar equipment is removed and are subject to any other solar tax credits.
SC House of Representatives Conservation Related Legislation 2011
Phosphorus Bill (H.3467, Rep. Dwight Loftis and Mike Pitts) SUPPORT – House Agriculture Committee
This bill prohibits the use, sell or manufacture of dishwashing detergents containing phosphates, a harmful chemical found in our lakes and rivers. Phosphorus is already banned in 15 states because it kills fish and lowers recreational revenues and home values.
Protecting Our Groundwater (H. 3389, Rep. Robert Brown) SUPPORT – House Agriculture Committee
H.3389 would require any construction, demolition or installation of a landfill to adhere to proper guidelines. Specifically, landfill liners would be used to prevent seepage into the groundwater lying underneath it. This bill would help ensure that neither our communities nor our natural landscape would be adversely affected by contaminated groundwater from landfills.
Right to Hunt and Fish (H.3276, Rep. Brian White) SUPPORT – House Agriculture Committee
This bill asserts that hunting and fishing are valuable parts of South Carolina's heritage, important for conservation, and a protected means of managing non-threatened wildlife.
Conservation Bank (H.3083, Rep. Michael Pitts)-- Eliminates the Sunset Provision and establishes the Bank into perpetuity.
Conservation Bank (H.3084, Rep. Michael Pitts)-- Eliminates both the Sunset Provision and Death Clause and makes the Bank permanent law.
Conservation Bank (H.3159, Rep.Kevin Ryan)-- Removes Death Clause language and makes the amount of CB budget cut equal to the percentage that other state agencies are cut.
Solar Tax Credits-- (H. 3346, Rep. Dwight Loftis)
This bill establishes a 35 percent state tax credit for the installation of solar energy equipment for both residential and commercial purposes placed in service in taxable years after 2010. This legislation not only promotes renewable energy, but is also an incentive vital to the future competitiveness and economic growth of our state by encouraging solar installations while simultaneously creating jobs.
Special Purpose Districts (H.3019, Rep. Don Bowen)-- Revises definition of special purpose district
Special Purpose Districts and Water (H.3020, Rep. Don Bowen)-- Allows special purpose districts to broaden boundaries as long as there is no infringement on water service in another political subdivision
Municipal Public Utility Reg (H.3021, Rep. Don Bowen)-- Removes authority of PSC or regional transportation authority to regulate municipal public utilities
Dock Owner Fees (H.3046, Rep. Boyd Brown)-- Increases fees for owners of docks, piers, or boathouses extending wholly or in part over a public body of water or wetland
Governor Appointments DNR (H.3049, Rep. Alan Clemmons)-- Puts DNR in Executive Dept subject to Governor appointment of DNR Director
Spending Accountability--Requires budget to be approved section by section and that there be a recorded roll call vote for each section upon 2nd reading
No New Fees--Concurrent resolution and roll call vote for any new fees, fines, or penalties
Plug-in Vehicle Tax Credit (H.3059, Rep. James Merrill)-- Revises definition to state "Plug-In Hybrid" vehicles and gives a tax credit
Governor Appointment Dept. of Agriculture (H.3069, Rep. Tom Young)-- Makes Dept. of Ag part of the Executive Department and subject to Governor appointment of Ag Commissioner
Energy Facility Property Tax Breaks (H.3077, Rep. Bill Clyburn)--Reduces the amount of tax revenue paid by energy facilities (newly constructed) to local government.
DHEC (H.3094, Rep. Alan Clemmons)-- Transfers responsibilities of the DHEC Board to the DHEC Director
Transfer Fee Covenants--Imposes fees on the transfer of covenants
Natural Gas Facilities (H.3100, Rep. Wendell Gillard)-- Establishes safety standards and other specifications for natural gas facilities
Department of Natural Resources (H.3105, Rep. Michael Pitts)-- Transfers the Land Resources and Conservation Districts Division from DNR to the Department of Agriculture.
Distribution to General Fund (H.3579, Rep. Nathan Ballentine) - transfers 10% of the state’s budgeted miscellaneous funds to the General Fund of South Carolina. This money may then be divided amongst programs in need including health care, the K-12 education system, disability costs, the criminal and civil justice systems, and the law enforcement and public safety departments.
Landfill Construction Guidelines (H.3389, Rep. Brown and Bowers)- establishes more stringent requirements for creating, operating, or demolishing landfills including specific language on the qualifications of materials to be used in their construction.
Bottle Deposit (H.3590, Rep. Smith and Jefferson)- this bill calls for a bottle deposit on all recyclable containers. The amount of the deposit will increase incrementally over the next three years.
ABC Recycling Bill (H.3624, Rep. Jefferson/S.461, Sen. Cleary): provides funding to implement statewide recycling at bars and restaurants that serve alcoholic beverages. Establishments that have a permit for on-site consumption of alcohol must implement a recycling program for aluminum, plastic, cardboard and glass by 2013. This legislation would grow the recycling sector by 12% annually and create over 36,000 jobs in five years. Taxpayers will benefit because it costs significantly less to recycle our trash ($30 a ton) than to send it to a landfill ($50 a ton) or to incinerate it ($75 a ton).
Local Waste Disposal Agreements (H.3615, Rep. Lucas)- restricts DHEC from approving waste disposal facility permits until the permit applicant and host governments have created a pre-approved host agreement. For approval, the agreement must be accepted through local ordinance and the public must receive notice when the application is in consideration.
State Parks (H.3468, Rep. Pitts)- transfers authority over state parks from the Department of Parks, Recreation and Tourism to the Department of Natural Resources.
Phosphorus Bill (H.3470, Rep. Pitts)- prohibits the use, sale or manufacture of cleaning detergents containing phosphates, a harmful chemical found in our lakes and rivers. This bill adds household dishwashing detergent to the prohibition and imposes criminal sanctions for known violations.
Pier Bill (H.3586, Rep. Hardwick/S.520, Sen. Cleary)- these bills give local planning and zoning boards the authority to approve pier related amenity structures seaward of the established OCRM baseline without obtaining a permit. This is an inappropriate shift in authority to entities lacking in the necessary experience and understanding of coastal management and could jeopardize our beaches.
Three Strikes Sewage Polluter Bill (H.3617, Rep. Pitts)- requires any wastewater utility with three spills of over 5,000 gallons each within a 12-month period (per every 100 miles of pipe) to undergo a comprehensive audit of what caused the spill and to fix the problems identified. The legislation is a compromise between the conservation community and the 30 largest South Carolina wastewater utilities as a means of bringing the most chronic violators into compliance.
Annexation (H.3247, Rep. Herbkersman/S.313 Sens. Davis and Rose)- establishes guidelines for annexation proposals and requires municipalities to create a "plan of services" for the extension. Annexation proposals must be open for a public hearing as well as consistent with local comprehensive land use plans.
Prescribed Fire (S.340 and S.501, Sen. Cromer/H. 3631 Rep. Harrison)- provides protection to landowners who choose to conduct prescribed fires on their property. This legislation promotes the most efficient and cost-effective forest management tool within South Carolina. A fire manager must supervise the burning, taking into consideration fire behavior and smoke management on the site and neighboring sites. Fire managers must also abide by specific regulatory and statutory guidelines. Property owners will not be held liable for damages unless they are proven grossly negligent.
Commercial Center Retrofit (H.3604, Rep. Smith and Bradley)- encourages local governments to adopt ordinances allowing shopping malls to be redeveloped into "dense, walkable, mixed-use town centers." This legislation promotes the retrofit of shopping centers in an effort to create a hospitable atmosphere, to improve accessibility and to ensure the public health and welfare of the state.
Biotechnology Tax Credits (H.3506, Rep. Loftis)- modifies the definition of "technology intensive facility" to provide tax credits for infrastructure improvements for water, wastewater, hydrogen fuel, sewer, gas, steam, electric energy and communication services and includes site preparation costs within the definition of infrastructure improvements.
Angel Investment Act (H.3044, Rep. Joan Brady)- enacts the "South Carolina Angel Investment Act of 2011" by providing tax credits for investments in businesses that meet certain criteria.
Tax Exemption for Renewables (H.3482, Rep. Stravrinakis)- exempts from state sales tax the cost of machinery, machine tools and parts that are used in the production of energy from a renewable energy source.
DOE Restructuring Act (H.3412, Rep. Loftis, Corbin, Erickson and Clemmons)- restructures the state Department of Energy by establishing as head of the agency an Energy Director appointed by the governor with Senate approval.
Radioactive and Hazardous Waste (H.3348, Rep. Jay Lucas)- prohibits the state or any of its subdivisions from the storing, treating, generally handling, or disposing of low-level radioactive and hazardous wastes beginning July 1 2011 unless explicitly granted by the state.
Solar Sales Tax Exemption (H.3218, Rep. Herbkersman)- exempts the sale of solar panels from state taxes.
Green Globes (H. 216, Rep. Herbkersman- provides a credit against tax liability for construction, renovation, or other building projects that meet specific Green Globe or LEED standards for energy efficiency. Also, incorporates "knowledge-intensive businesses" as qualifying facilities and provides for the designation of county rankings through unemployment and per capita income figures. Additionally, modifies requirement for corporate income tax credit for corporate headquarters to a specific number of new full-time employees to ten percent of corporate payroll.
Solar Real Property (H. 3591, Rep. Smith)-classifies "solar real property" as agricultural property for tax purposes. Solar real property consists of land that is at least 20 acres and is used for, or could be used for, solar electricity purposes.
Plug-in Hybrid Vehicles (H. 3059, Rep. Merrill)- provides a tax credit for the purchase or lease of a hybrid vehicle after 2007. The bill gives a detailed description of a hybrid vehicle that qualifies for a credit. The credit is equal to $2,000 for any claims before 2011, and $5,000 for the fiscal year of 2011.
