H 4379 Session 109 (1991-1992)
H 4379 General Bill, By H.H. Keyserling, M.O. Alexander, R.L. Altman, Anderson,
J.J. Bailey, R.A. Barber, J.M. Baxley, L.E. Bennett, Boan, J. Brown, A.W. Byrd,
Cato, Cobb-Hunter, Cooper, K.S. Corbett, Cork, R.S. Corning, J.L.M. Cromer,
Elliott, L.L. Elliott, T.L. Farr, S.R. Foster, R.C. Fulmer, Glover,
S.E. Gonzales, H.M. Hallman, J.P. Harrelson, Harrison, Harvin, B.L. Hendricks,
J.H. Hodges, D.N. Holt, W.S. Houck, M.A. Hyatt, Inabinett, Jennings, Keegan,
K.G. Kempe, M.H. Kinon, S.G. Manly, D.E. Martin, L.M. Martin, J.G. Mattos,
J.G. McAbee, J.T. McElveen, A.C. McGinnis, McKay, M. McLeod, D.E. McTeer,
Meacham, Neilson, Phillips, Quinn, T.F. Rogers, I.K. Rudnick, Scott, Sharpe,
Sheheen, J.R. Shirley, J.S. Shissias, J.J. Snow, C.L. Sturkie, J.W. Tucker,
C.Y. Waites, D.C. Waldrop, C.C. Wells, L.S. Whipper, Wilkes, D. Williams,
D.A. Wright and Young-Brickell
A Bill to enact the South Carolina Energy Conservation and Efficiency Act of
1992; to amend the Code of Laws of South Carolina, 1976, by adding Chapter 52
to Title 48 so as to establish a State Energy Policy, to adopt the plan for
the State Energy Policy, to establish the State Energy Office within the
Budget and Control Board, to provide for the powers and duties of this office,
to establish an advisory council, to require the State Energy Office to
develop and oversee compliance with energy code standards for state government
buildings, to require state agencies and public school districts to submit to
the energy office for approval energy conservation plans and goals and to
require reporting, to provide for financial incentives to facilitate the
purchase of energy efficiency products by state agencies, including an
exception to the South Carolina Procurement Code, to provide that the South
Carolina Energy Research and Development Center, the State Energy Conservation
Program, the Energy Extension Service, and the Institutional Conservation
Programs are transferred to the State Energy Office, and to provide that
personnel and funding for the State Energy Office must be derived from
existing state government personnel slots and financial resources available to
the State; by adding Section 40-29-85 so as to require the State Energy Office
to provide energy efficiency standards labels to the South Carolina
Manufactured Housing Board to be placed on manufactured homes; by amending
Section 6-10-30, relating to energy efficiency building codes, so as to revise
the minimum thermal resistance ratings in one and two family dwellings; by
amending Section 12-36-2110, as amended, relating to the calculation of sales
tax on mobile homes, so as to increase from one to two the percentage for
calculating the sales tax on the cost of a manufactured home in excess of six
thousand dollars and to exempt a home that meets certain energy efficiency
requirements from this tax; by amending Section 40-29-240, relating to
violations and penalties for violations of the Uniform Standards Code for
Manufactured Housing, so as to include a violation for failure to properly
display the energy efficiency label required by Section 40-29-85; by adding
Section 58-27-240 so as to require the South Carolina Public Service
Commission to adopt procedures and provide incentives that encourage
electrical and gas utilities to invest in cost-effective energy efficient
technologies and energy conservation programs; by adding Section 58-27-250 so
as to require annual reporting to the General Assembly on demand-side
activities and purchasing power of electric utilities; by adding Section
58-27-260 so as to require electrical utilities and the South Carolina Public
Service Authority to prepare integrated resource plans; by amending Section
58-27-10, relating to definitions pertaining to electric utilities and
electric cooperatives, so as to define "demand-side activities"; by adding
Sections 57-1-130 and 57-1-140 so as to require the South Carolina Department
of Highways and Public Transportation to expend annually one percent of its
total state appropriation on public transportation and to determine the
feasibility of including high occupancy vehicle lanes, pedestrian walkways,
and bicycle paths in new highway construction; by amending Section 1-11-310,
relating to the state motor vehicle fleet, so as to provide requirements for
the types of vehicles that may be purchased for this fleet and for law
enforcement purposes; by amending Section 12-36-2120, as amended, relating to
sales tax exemptions, so as to delete the exemption for fuel ethanol blends
and to add an exemption for clean alternative transportation fuels; by
amending Section 44-96-40, relating to definitions in the Solid Waste
Management Act, so as to revise the definition of "motor oil" and "similar
lubricants"; by amending Section 44-96-160, relating to used oil requirements,
so as to provide a tax credit to a retailer of motor oil who maintains an oil
collection center of eight cents a gallon for oil returned to a licensed used
oil transporter or used oil recycling facility, to exempt a used oil
collection center from certain reporting requirements when it receives less
than five gallons of oil at a time, to remove the eight-cent tax on motor oil
from wholesale sales and place on retail sales, and to provide up to five
hundred dollars credit to retailers who maintain a used oil collection center
for equipment used in the oil collection process; by amending Section 48-1-10,
relating to definitions in the Pollution Control Act, so as to revise the
definition of "source" to include motor vehicles and to define "motor
vehicle"; by amending Section 58-25-30, as amended, relating to creation of a
Regional Transportation Authority, so as to provide that a referendum is not
required unless a new source of revenue is imposed; by amending Section
58-25-40, as amended, relating to the appointment of members of the Board of
the Authority, so as to provide that the membership of the governing board
must be apportioned according to population; by amending Section 58-25-50,
relating to the powers and duties of the Authority, so as to authorize and
direct the Authority to coordinate public transportation services being
provided by entities utilizing state funds or state-administered funds; by
amending Section 58-25-60, relating to sources of funding for the Authority,
so as to authorize additional sources of funding; to create an alternative
transportation fuels study committee and to provide for its membership and
duties; to direct the Joint Legislative Committee on Energy to establish a
task force to study the feasibility of increased public rail transportation in
South Carolina; and to direct the Division of Motor Vehicle Management of the
State Budget and Control Board to determine the ability to use alternative
fuels for the state vehicle fleet and to begin using these fuels by June 1,
1993.
02/06/92 House Introduced and read first time HJ-38
02/06/92 House Referred to Committee on Ways and Means HJ-41
04/01/92 House Committee report: Majority favorable with amend.,
minority unfavorable Ways and Means HJ-24
04/28/92 House Special order, set for following the Motion
Period on the calendar HJ-119
04/28/92 House Debate interrupted HJ-175
04/29/92 House Amended HJ-339
04/29/92 House Debate interrupted HJ-351
04/30/92 House Debate interrupted HJ-35
05/05/92 House Recommitted to Committee on Ways and Means HJ-47
AMENDED--NOT PRINTED IN THE HOUSE
BR1\2444.AC
BR1\2661.AC
April 29, 1992
H. 4379
Introduced by REPS. Keyserling, Barber, Hendricks, Rogers, Whipper,
McLeod, McElveen, McTeer, Wilkes, Houck, J. Bailey, Foster, Holt, L.
Elliott, D. Martin, Inabinett, Baxley, McKay, Kempe, Waites, Cromer,
Manly, Bennett, McAbee, Boan, Jennings, Hodges, Glover, Farr, Cato,
D. Williams, Harvin, Cooper, Fulmer, Sharpe, Corbett, Meacham, A.
Young, Tucker, Wright, Wells, Rudnick, M. Martin, Hallman, Mattos,
Neilson, M.O. Alexander, Sheheen, Byrd, Harrelson, Shirley, J. Brown,
Keegan, Anderson, Waldrop, Scott, Gonzales, D. Elliott, Harrison,
Shissias, Corning, Quinn, Cork, Altman, Snow, Sturkie, Hyatt, Phillips,
Cobb-Hunter, Kinon and McGinnis
S. Printed 4/1/92--H.
Read the first time February 6, 1992.
A BILL
TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION
AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52
TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY,
TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO
ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET
AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND
DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY
COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO
DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE
STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO
REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS
TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY
CONSERVATION PLANS AND GOALS AND TO REQUIRE
REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO
FACILITATE THE PURCHASE OF ENERGY EFFICIENCY
PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION
TO THE SOUTH CAROLINA PROCUREMENT CODE, TO
PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH
AND DEVELOPMENT CENTER, THE STATE ENERGY
CONSERVATION PROGRAM, THE ENERGY EXTENSION
SERVICE, AND THE INSTITUTIONAL CONSERVATION
PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY
OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING
FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM
EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND
FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY
ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE
ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY
STANDARDS LABELS TO THE SOUTH CAROLINA
MANUFACTURED HOUSING BOARD TO BE PLACED ON
MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30,
RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO
AS TO REVISE THE MINIMUM THERMAL RESISTANCE
RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY
AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO
THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS
TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR
CALCULATING THE SALES TAX ON THE COST OF A
MANUFACTURED HOME IN EXCESS OF SIX THOUSAND
DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN
ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY
AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS
AND PENALTIES FOR VIOLATIONS OF THE UNIFORM
STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO
INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY
THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION
40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE
THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO
ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT
ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN
COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND
ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION
58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE
GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND
PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING
SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES
AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO
PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING
SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING
TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO
AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY
ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE
THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE
PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC
TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF
INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN
WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY
CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING
TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE
REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE
PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT
PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED,
RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE
THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD
AN EXEMPTION FOR CLEAN ALTERNATIVE
TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40,
RELATING TO DEFINITIONS IN THE SOLID WASTE
MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF
"MOTOR OIL" AND "SIMILAR
LUBRICANTS"; BY AMENDING SECTION 44-96-160,
RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE
A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO
MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS
A GALLON FOR OIL RETURNED TO A LICENSED USED OIL
TRANSPORTER OR USED OIL RECYCLING FACILITY, TO
EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN
REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN
FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE
EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES
AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE
HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN
A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN
THE OIL COLLECTION PROCESS; BY AMENDING SECTION
48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION
CONTROL ACT, SO AS TO REVISE THE DEFINITION OF
"SOURCE" TO INCLUDE MOTOR VEHICLES AND TO
DEFINE "MOTOR VEHICLE"; BY AMENDING
SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF
A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO
PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS
A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING
SECTION 58-25-40, AS AMENDED, RELATING TO THE
APPOINTMENT OF MEMBERS OF THE BOARD OF THE
AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF
THE GOVERNING BOARD MUST BE APPORTIONED
ACCORDING TO POPULATION; BY AMENDING SECTION
58-25-50, RELATING TO THE POWERS AND DUTIES OF THE
AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE
AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION
SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE
FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING
SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR
THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL
SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE
TRANSPORTATION FUELS STUDY COMMITTEE AND TO
PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE
JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH
A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED
PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND
TO DIRECT THE DIVISION OF MOTOR VEHICLE
MANAGEMENT OF THE STATE BUDGET AND CONTROL
BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE
FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING
THESE FUELS BY JUNE 1, 1993.
Amend Title To Conform
Whereas, energy, like nourishment, health care, and education, is an
absolute necessity for individuals, as well as for businesses and
government; and
Whereas, energy costs have a profound impact on the economic
well-being of individuals, businesses, and government; and
Whereas, environmental effects of energy use patterns have a major
impact on the quality of our natural resources, the quality of human life,
and the ability of the State to attract and retain both industrial and
service-related jobs; and
Whereas, energy costs play a vital role in the state's ability to attract
industry and retirees; and
Whereas, energy expenditures represent a substantial monetary outflow
from South Carolina's economy in that South Carolina produces no coal,
oil, or natural gas; and
Whereas, increasingly high usage of imported oil results in economic
vulnerability; and
Whereas, current energy use patterns are the result of many
infrastructure decisions made in the past, and long-term future energy
use patterns will be affected by current policy decisions; and
Whereas, to properly address these critical energy issues and to provide
a framework within which to work, it is in the state's best interest to
adopt a comprehensive state energy plan. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
PART I
General Provisions
SECTION 1. This act may be cited as the South Carolina Energy
Conservation and Efficiency Act of 1992.
PART II
State Energy Policy and Government
Energy Efficiency
SECTION 1. Title 48 of the 1976 Code is amended by adding:
"CHAPTER 52
Energy Efficiency
Article 1
General Provisions
Section 48-52-10. This chapter may be cited as the `South Carolina
Energy Efficiency Act'.
Article 2
Plan for State Energy Policy
Section 48-52-210. (A) It is the policy of this State to have a
comprehensive state energy plan that maximizes environmental quality
and energy conservation and efficiency, and minimizes the cost of
energy throughout the State. To implement this policy there is adopted
the Plan for State Energy Policy.
(B) The purpose of the plan is to:
(1) ensure access to energy supplies at the lowest practical
environmental and economic cost;
(2) ensure long-term access to adequate, reliable energy
supplies;
(3) ensure that demand-side options are pursued wherever
economically and environmentally practical;
(4) encourage the development and use of indigenous,
renewable energy resources;
(5) ensure that basic energy needs of all citizens, including
low income citizens, are met;
(6) ensure that energy vulnerability to international events is
minimized;
(7) ensure that energy-related decisions promote the economic
and environmental well-being of the State and maximize the ability of
South Carolina to attract retirees, tourists, and industrial and
service-related jobs;
(8) ensure that short-term energy decisions do not conflict
with long-range energy needs;
(9) ensure that internal governmental energy use patterns are
consistent with the state's long-range interests;
(10) ensure that state government is organized appropriately to
handle energy matters in the best public interest;
(11) ensure that governmental energy-related tax, expenditure,
and regulatory policies are appropriate, and, wherever possible,
maximize the long-range benefits of competition.
Article 4
State Energy Office
Section 48-52-410. There is established the State Energy Office
within the Division of General Services of the State Budget and Control
Board which shall serve as the principal energy planning entity for the
State. Its primary purpose is to develop and implement a well-balanced
energy strategy and to increase the efficiency of use of all energy
sources throughout South Carolina through the implementation of the
Plan for State Energy Policy. The State Energy Office must not function
as a regulatory body.
Section 48-52-420. In carrying out the purposes of the Plan for State
Energy Policy, the State Energy Office shall:
(1) provide, in cooperation and conjunction with the Governor's
Office, informational and technical assistance programs to assist with
residential, commercial, governmental, industrial, and transportation
conservation and efficiency and to encourage the use of renewable
indigenous energy resources;
(2) promote, in conjunction with the South Carolina Energy
Research and Development Center and the Governor's Office, continued
and expanded energy research and development programs geared toward
the energy needs of the State;
(3) evaluate and certify energy conservation products with the
South Carolina Energy Research and Development Center;
(4) in cooperation with the Governor's Office and other
appropriate entities, examine and consider the desirability and feasibility
of mechanisms for tax incentives, low-interest loans, and other financing
means for cost-effective energy consideration and efficiency and use of
renewable and indigenous energy resources, and advocate their
implementation when deemed appropriate;
(5) work with the Public Service Commission and other groups
to promote appropriate financial incentives for electric and gas utilities
to maximize the use of cost-effective demand-side options in meeting
future energy needs;
(6) promote the adoption and use of energy efficient building
codes and certification procedures for builders, heating and cooling
specialists, and building inspectors;
(7) promote energy efficiency in manufactured housing;
(8) promote the use of less-polluting transportation fuels, public
transportation and other transportation alternatives, higher mileage and
less-polluting vehicles, and work with state and local entities through
policy development, planning, and advocacy to encourage reduction in
the need for vehicle travel;
(9) ensure that state government agencies establish
comprehensive energy efficiency plans and become models for energy
efficiency in South Carolina, and assist the Department of Education in
achieving energy efficiency in public schools;
(10) collect currently published and publicly available energy data and
provide energy information clearinghouse functions in conjunction with
the Governor's Office, and conduct long-range energy planning;
(11) assist the Governor's Office and the General Assembly in
assessing the public economic and environmental interest on issues
related to energy production, transportation, and use and provide
information on the public interest in appropriate forums.
Section 48-52-430. The State Energy Office shall annually submit
to the Governor and Joint Legislative Committee on Energy a state
energy action plan that includes, but is not limited to:
(a) activities by the State Energy Office to carry out the Plan for
State Energy Policy;
(b) 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;
(c) identification of obstacles to efficiency for which legislative,
regulatory, or other governmental remedies are appropriate.
Section 48-52-440. There is established the Energy Advisory
Committee, whose members are appointed by the State Budget and
Control Board, except as provided in item (14) of this section. Members
shall serve at the pleasure of the State Budget and Control Board except
that those appointed pursuant to item (14) shall serve for a term
coterminous with that of their appointing authority. The committee is
composed as follows:
(1) two representatives of investor-owned electricity companies;
(2) two representatives of electric cooperatives;
(3) one representative of the South Carolina Public Service
Authority who shall serve ex officio;
(4) one representative of municipally-owned electric utilities;
(5) one representative of publicly-owned natural gas companies;
(6) one representative of investor-owned gas companies;
(7) one representative of oil suppliers or dealers;
(8) one representative of propane suppliers or dealers;
(9) one representative of nonprofit public transportation
providers;
(10) one representative of industrial consumers;
(11) one representative of commercial consumers;
(12) two representatives of individual consumers; one must be the
Consumer Advocate or the Consumer Advocate's designee, who shall
serve ex officio;
(13) two representatives of environmental groups; and
(14) three at-large members, one each appointed by the Governor,
Speaker of the House of Representatives, and the President of the
Senate.
The Budget and Control Board shall elect one of the committee
members to serve as chairman. The members of the Energy Advisory
Committee are not eligible for reimbursement for travel, lodging, meals,
or per diem. The committee shall adopt rules concerning meeting
attendance by its members. The functions of the Energy Advisory
Committee are advisory to the State Energy Office. The committee shall
meet once each quarter to receive information on the activities of the
State Energy Office and the formulation and implementation of the state
energy action plan. It may comment and advise on the activities and the
plan as considered appropriate by members of the committee. The State
Energy Office may seek advice and guidance from the committee as
considered appropriate by the director of the office.
Section 48-52-450. The State Energy Office shall recommend to the
State Budget and Control Board the consolidation of other offices or
programs in state government related to energy, energy efficiency, and
energy reliability, excluding the South Carolina Public Service Authority
and the South Carolina Public Service Commission.
Article 6
State Government Energy Conservation
Section 48-52-610. The State Energy Office shall develop energy
code standards for state-owned and leased buildings, including public
school buildings.
Section 48-52-620. (A) Each state agency and public school
district shall submit for approval to the State Energy Office an energy
conservation plan and energy conservation goals, including energy
consumption goals.
(B) In order to monitor energy consumption, the State Energy
Office must determine those state buildings which require individual
metering. Metering must be installed by the agency, the cost of which
must be borne by the agency responsible for the utility bill for the
building.
(C) Each state agency and public school district shall submit
periodic energy conservation reports in the manner and at such times as
required by the State Energy Office.
(D) Each public school district and state agency shall submit to the
State Energy Office and each state agency shall include in its annual
report to the Budget and Control Board:
(1) activities undertaken implementing its energy conservation
plan; and
(2) progress made in achieving its energy conservation goals.
(E) The State Energy Office shall compile the reports submitted
pursuant to subsection (C) to be submitted annually, no later than
December thirty-first, to the General Assembly.
(F) The State Energy Office shall provide suggested formats for
plans and goals that must be submitted pursuant to subsection (A),
reporting forms for reports required by subsection (C), and all technical
assistance necessary for state agencies and school districts to satisfy the
requirements of these subsections.
Section 48-52-630. An agency's budget must not
be reduced by the amount of money saved through energy conservation
measures. Appropriate financial incentives to encourage the
reinvestment of energy costs savings into additional energy conservation
areas must be provided. Energy savings must be divided among the
agency, the general fund, and debt retirement of capital expenditures on
energy efficiency. Agencies must be encouraged to reinvest their
savings into energy conservation areas, where practical.
Section 48-52-640. (A) A vendor of energy conservation products
making an energy conservation claim and attempting to sell to state
government shall submit the product to the State Energy Office for
evaluation and certification.
(B) Only energy conservation products certified by the State
Energy Office may be purchased by a state agency subject to the State
Procurement Code.
(C) All state agencies shall submit a disclaimer statement to the
energy office with their annual report stating that they did not purchase
any energy conservation products that had not been certified by the State
Energy Office.
Section 48-52-650. The State Energy Office shall establish a
mechanism for a revolving loan fund for state agencies to use for energy
conservation measures. Repayment may be from the savings in the
agency's utility budget.
Section 48-52-660. (A) A state agency may enter into lease
purchase agreements for a duration of more than one year with vendors
of energy efficiency products and utility companies. No funds
disclaimer clause as provided for in Section 11-35-2030 is required in
these contracts. Repayment is allowed from savings on the agency
utility budget.
(B) Procurements under the South Carolina Consolidated
Procurement Code for energy-using goods and facilities must be
procured through competitive sealed proposals pursuant to Section
11-35-1530 with life cycle cost criteria stated as an evaluation factor that
must be addressed in a proposal.
Section 48-52-670. (A) A state agency may enter into contracts
and lease purchase agreements for a duration of more than one year with
vendors of energy efficient products, guaranteed savings programs, and
shared savings. No funds disclaimer cause as provided for in Section
11-35-2030 is required in these contracts. Repayment may be made
from savings on the agency utility budget.
(B) For purposes of this section, `guaranteed energy savings
contract' means a contract for the evaluation and recommendation of
energy conservation measures and for implementation of one or more
such measures. The contract must provide that all payments, except
obligations on termination of the contract before its expiration, must be
made over time and the savings are guaranteed to the extent necessary
to make payments for the systems.
(C) A guaranteed energy savings contract must be awarded
pursuant to Section 11-35-1530 if it includes a written guarantee that
savings will meet or exceed the cost of energy conservation measures.
(D) A governmental body, including all local political
subdivisions such as counties, municipalities, public school districts, or
public service or special purpose districts. may enter into an installment
payment contract or lease purchase agreement for the purchase and
installation of energy conservation measures.
Section 48-52-680. (A) The State Energy Office shall assist the
Materials Management Office as established in Section 11-35-810 and
all governmental bodies defined in and subject to the Consolidated
Procurement Code, by identifying goods which are `energy efficient' or
for which the State can achieve long-term savings through consideration
of life cycle costs. The State Energy Office must compile a list of these
goods. Before issuing any solicitation for these goods, the procuring
agency shall notify the State Energy Office which shall assist in drafting
or reviewing specifications for the goods being procured and which shall
approve the specifications before issuing the solicitation. Upon request
of a governmental body the State Energy Office shall provide assistance
in evaluating bids or offers received in response to the solicitation to
ensure that procurements are made in accordance with the purposes and
policies of this article.
(B) The State Energy Office shall assist the Office of the State
Engineer and all governmental bodies defined in and subject to the
Consolidated Procurement Code by drafting energy conservation
standards to be applied in the design and construction of buildings that
are owned or lease/purchased by these governmental bodies. Before any
construction contracts are bid under Section 11-35-3020, the State
Engineer's Office or the governmental body soliciting the bids shall
review the plans and specifications to ensure that they are in compliance
with the standards drafted by the State Energy Office. The State Energy
Office shall provide assistance in reviewing these plans and
specifications upon the request of the State Engineer's Office or the
affected governmental body.
(C) The State Energy Office shall provide the Office of Property
Management of the Budget and Control Board, Division of General
Services, information to be used in evaluating energy costs for buildings
or portions of buildings proposed to be leased by governmental bodies
that are defined in and subject to the Consolidated Procurement Code.
The information provided must be considered with the other criteria
provided by law by a governmental body before entering into a real
property lease.
Section 48-52-690. (A) Funding for the State Energy Office must
be derived from existing financial resources available to the State and
may be derived from such oil overcharge funds as are available and
appropriate. Personnel for the State Energy Office must be derived from
the consolidation of existing state government personnel slots, to the
extent possible. The Director of the State Energy Office must be
appointed by the State Budget and Control Board upon the
recommendation of the executive director. (B) The State Energy
Office shall submit for approval all proposed projects for funding with
oil overcharge funds to the Joint Legislative Committee on Energy
pursuant to Chapter 39, Title 11 and to the Joint Appropriations Review
Committee pursuant to Section 2-65-20."
SECTION 2. The establishment of the State Energy Office within the
State Budget and Control Board, as provided for in this part, must be
evaluated at such time as restructuring or reorganizing of state
government takes place so as to identify and provide for the proper
placement of the office upon restructuring or reorganizing.
Part III
Residential Energy Conservation
SECTION 1. The 1976 Code is amended by adding:
"Section 40-29-85. (A) The State Energy Office shall
design, produce, and provide to the South Carolina Manufactured
Housing Board labels to be distributed to manufactured home
manufacturers who shall prominently place a label on each
manufactured home that has not been previously occupied as a dwelling
that is to be placed for sale in South Carolina.
(B) The label must state clearly whether the manufactured home
meets these energy efficiency standards:
(1) storm or double pane glass windows;
(2) insulated or storm doors;
(3) an actual installed insulation value of R-11 for walls;
(4) an actual installed insulation value of R-19 for floors;
(5) an actual installed insulation value of R-30 for
ceilings."
SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to
read:
"(d) Notwithstanding the provisions of subsection (a) of
this section, in one and two family dwellings double pane or
storm windows must be used for window glass and in the case of
ceilings, exterior walls, and floors with crawl
space, and heating and air conditioning duct work,
in one and two-family dwellings, the determination of the
minimum thermal resistance ratings (R-value) shall
must be:
(1) Ceilings shall be R-19 R-30 for
ceilings, except for ceiling/roof combinations, which must be R-19;
(2) Exterior walls shall be R-11 R-13 for
exterior walls;
(3) Floors with crawl space shall be R-11
R-19 for floors with crawl space;
(4) R-6, or the installed equivalent, for heating and air
conditioning duct work not located in conditioned space.
Nothing in this subsection shall may be construed
to inhibit utilization of higher minimum thermal ratings.
To facilitate the affordability of purchases of housing, minimum
thermal resistance ratings of R-19 for ceilings and R-11 for floors may
be used provided the builder discloses the insulation levels to the buyer.
The disclosure must be on a form provided by the South Carolina
Residential Builders Commission and a copy must be submitted to the
commission which must keep it for thirteen years."
SECTION 3. Section 12-36-2110(B) of the 1976 Code, as added by
Part II, Section 74A, Act 612 of 1990, is amended to read:
"(B) For the sale of a mobile manufactured
home, as defined in Section 31-17-20 40-29-20, the tax
is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
(3) if the result from (2) is no greater than six thousand
dollars, multiply by five percent. This is for the amount
of the tax due.;
(4) if the result from (2) is greater than six thousand dollars,
the tax due is three hundred dollars plus one two percent
of the amount greater than six thousand dollars.
However, a manufactured home that has not been previously
occupied as a dwelling is exempt from any tax that may be due above
three hundred dollars as a result of the calculation in subitem (4) if it
meets these energy efficiency standards: storm or double pane glass
windows, insulated or storm doors, an actual installed insulation value
of R-11 for walls and R-19 for floors, and R-30 for ceilings. The dealer
selling the manufactured home must maintain records, on forms
provided by the State Energy Office, on each manufactured home sold
which contains the above calculations and verifying whether or not the
manufactured home met the energy efficiency standards above. These
records must be maintained for three years and must be made available
for inspection upon request of the Department of Consumer Affairs or
the State Energy Office."
SECTION 4. Section 40-29-240(A) of the 1976 Code, as added by
Act 128 of 1989, is amended by adding at the end:
"(7) fail to properly and prominently display the energy
efficiency label required by Section 40-29-85."
PART IV
Energy Supply and Efficiency
SECTION 1. Title 58 of the 1976 Code is amended by adding:
"CHAPTER 37
Energy Supply and Efficiency
Section 58-37-10. As used in this chapter unless the context
clearly requires otherwise:
(1) `Demand-side activity' means a program conducted or
proposed by a producer, supplier, or distributor of energy for the
reduction or more efficient use of energy requirements of the producer's,
supplier's, or distributor's customers, including, but not limited to,
conservation and energy efficiency, load management, cogeneration, and
renewable energy technologies.
(2) `Integrated resource plan' means a plan which contains the
demand and energy forecast for at least a fifteen-year period, contains
the supplier's or producer's program for meeting the requirements shown
in its forecast in an economic and reliable manner, including both
demand-side and supply-side options, with a brief description and
summary cost-benefit analysis, if available, of each option which was
considered, including those not selected, sets forth the supplier's or
producer's assumptions and conclusions with respect to the effect of the
plan on the cost and reliability of energy service, and describes the
external environmental and economic consequences of the plan to the
extent practicable. For electrical utilities and public utilities providing
gas services subject to the jurisdiction of the South Carolina Public
Service Commission, this definition must be interpreted in a manner
consistent with the integrated resource planning process adopted by the
commission. For electric cooperatives subject to the regulations of the
Rural Electrification Administration, this definition must be interpreted
in a manner consistent with any integrated resource planning process
prescribed by Rural Electrification Administration regulations.
Section 58-37-20. The South Carolina Public Service Commission
must adopt procedures that encourage electrical utilities and public
utilities providing gas services subject to the jurisdiction of the
commission to invest in cost-effective energy efficient technologies and
energy conservation programs. These procedures must provide
incentives and cost recovery for energy suppliers and distributors who
invest in energy supply and end-use technologies that are cost-effective,
environmentally acceptable, and/or reduce energy needs. These
procedures must allow energy suppliers and distributors to recover costs
and obtain a reasonable rate of return on their investment in qualified
demand-side management programs sufficient to make these programs
at least as financially attractive as construction of new generating
facilities. The Public Service Commission shall establish rates and
charges that ensure that the net income of an electrical or gas utility
regulated by the commission after implementation of a specific
cost-effective energy conservation measure is at least as high as the net
income would have been if the energy conservation measure had not
been implemented. For purposes of this section only, the term `demand
side activity' means a program conducted by an electrical utility or
public utility providing gas services for the reduction or more efficient
use of energy requirements of the utility or its customers, including, but
not limited to, utility transmission and distribution system efficiency,
customer conservation and efficiency, load management, cogeneration,
and renewable energy technologies.
Section 58-37-30. (A) The South Carolina Public Service
Commission must report annually to the General Assembly on available
data regarding the past, on-going, and projected status of demand-side
activities and purchase of power from qualifying facilities, as defined in
the Public Utilities Regulatory Policies Act of 1978, by electrical
utilities and public utilities providing gas services subject to the
jurisdiction of the Public Service Commission.
(B) Electric cooperatives providing resale or retail services,
municipally-owned electric utilities, and the South Carolina Public
Service Authority shall report annually to the State Energy Office on
available data regarding the past, on-going, and projected status of
demand-side activities and purchase of power from qualifying facilities.
For electric cooperatives, submission to the State Energy Office of a
report on demand side activities in a format complying with then current
Rural Electrification Administration regulations constitutes compliance
with this subsection. An electric cooperative providing resale services
may submit a report in conjunction with and on behalf of any electric
cooperative which purchases electric power and energy from it. The
State Energy Office must compile and submit this information annually
to the General Assembly.
(C) The State Energy Office may provide forms for the reports
required by this section to the Public Service Commission and to electric
cooperatives, municipally-owned electric utilities, and the South
Carolina Public Service Authority. The office shall strive to minimize
differing formats for reports, taking into account the reporting
requirements of other state and federal agencies. For electrical utilities
and public utilities providing gas services subject to the jurisdiction of
the commission, the reporting form must be in a format acceptable to the
commission.
Section 58-37-40. (A) Electrical utilities, public utilities
providing gas services, and the South Carolina Public Service Authority
must prepare integrated resource plans. The South Carolina Public
Service Authority and electrical and gas utilities regulated by the Public
Service Commission must submit their plans to the State Energy Office.
The plan submitted by the South Carolina Public Service Authority must
be developed in consultation with electric cooperatives and
municipally-owned electric utilities purchasing power and energy from
the authority and must include the effect of demand-side management
activities of electric cooperatives and municipally-owned electric
utilities which directly purchase power and energy from the authority or
sell power and energy which the authority generates. All plans must be
submitted every three years and must be updated on an annual basis.
The first integrated resource plan of the South Carolina Public Service
Authority must be submitted no later than June 30, 1993. An integrated
resource plan may be patterned after the integrated resource planning
process developed by the Public Service Commission. For electrical
utilities and public utilities providing gas services subject to the
jurisdiction of the commission, submission of their plans as required by
the commission constitutes compliance with this section. Nothing in this
subsection may be construed as requiring interstate natural gas
companies whose rates and services are regulated only by the federal
government to prepare and submit an integrated resource plan.
(B) Electric cooperatives and municipally-owned electric utilities
must submit integrated resource plans to the State Energy Office
wherever they are required by federal law to prepare these plans or if
they plan to acquire, by purchase or construction, ownership of
additional generating capacity greater than twelve megawatts per unit.
An integrated resource plan must be submitted to the State Energy
Office by an electric cooperative or municipally-owned electric utility
twelve months before the acquisition, by purchase or construction, of
additional generating capacity in excess of twelve megawatts per unit.
For an electric cooperative, submission to the State Energy Office of its
plan in a format complying with the then current Rural Electrification
Administration regulations constitutes compliance with this section.
(C) The State Energy Office, to the extent practicable, shall
evaluate and comment on external environmental and economic
consequences of each integrated resource plan submitted and on the
environmental and economic consequences for suppliers and
distributors.
(D) The State Energy Office shall coordinate the preparation of an
integrated resource plan for the State and shall coordinate with regional
groups including the Southern States Energy Board.
(E) The State Energy office must not exercise any regulatory
authority with regard to the requirements set forth in this chapter.
(F) Not later than six months after the effective date of this act,
the State Energy Office must submit recommendations to the Governor
and to the General Assembly for expanding the integrated resource
planning requirements of this chapter to all energy producers, suppliers,
and distributors in this State not otherwise addressed by this
chapter."
PART V
Transportation Efficiency
SECTION 1. The 1976 Code is amended by adding:
"Section 57-1-130. The South Carolina Department of
Highways and Public Transportation annually shall expend not more
than three million dollars of the total state source funds available to the
department on the implementation of public transportation. For
purposes of this section, `public transportation' means every conveyance
of human passengers which is provided to the general public or selected
groups on a regular and continuing basis by bus, van, or other ground
vehicles or by rail, subway, or monorail."
SECTION 2. The 1976 Code is amended by adding:
"Section 57-1-140. Before building new or expanding
existing primary highways, roads, and streets the South Carolina
Department of Highways and Public Transportation shall consider and
make a written determination whether it is financially and physically
possible to include:
(1) high occupancy vehicle lanes, when the construction or
expansion is in a metropolitan area;
(2) pedestrian walkways or sidewalks; and
(3) bicycle lanes or paths.
A copy of this determination must be submitted to the State Energy
Office."
SECTION 3. Section 1-11-310 of the 1976 Code is amended to read:
"Section 1-11-310. (A) The State Budget
and Control Board shall purchase, acquire, transfer, replace,
and dispose of all motor vehicles on the basis of maximum
cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no
larger than a compact model and the special state fleet sedan or station
wagon must be no larger than an intermediate model. The director of the
Division of Motor Vehicle Management shall determine the types of
vehicles which fit into these classes. Only these classes of sedans and
station wagons may be purchased by the State for non law enforcement
use.
(C) The State shall purchase police sedans only for the use of law
enforcement officers, as defined by the Internal Revenue Code.
Purchase of a vehicle under this subsection must be concurred in by the
director of the Division of Motor Vehicle Management and must be in
accordance with regulations promulgated or procedures adopted under
Sections 1-11-220 through 1-11-340 which must take into consideration
the agency's mission, the intended use of the vehicle, and the officer's
duties. Law enforcement agency vehicles used by employees whose job
functions do not meet the Internal Revenue Service definition of `Law
Enforcement Officer' must be standard or special state fleet sedans.
(D) All state motor vehicles shall must be
titled to the State. All such titles shall and must be
received by and remain in the possession of the Division of Motor
Vehicle Management pending sale or disposal of the vehicle.
(E) Titles to school buses and service vehicles operated
by the State Department of Education and vehicles operated by the
South Carolina Department of Highways and Public Transportation
shall must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C)
must be approved by the Budget and Control Board on an individual
basis."
SECTION 4. Section 12-36-2120(15) of the 1976 Code, as added by
Part II, Section 74A, Act 612 of 1990, is amended to read:
"(15) gasoline or other motor vehicle fuels taxed at the same
rate as gasoline, fuel ethanol blends, as defined in Section
12-27-430(2), and fuels used in farm machinery, farm tractors, and
commercial fishing vessels, and clean alternative
transportation fuels as defined in regulation by the South Carolina Tax
Commission as defined by the State Energy Office. Gasoline used
in aircraft is not exempted by this item;".
SECTION 5. Section 44-96-40(27) of the 1976 Code, as added by
Act 63 of 1991, is amended to read:
"(27) `Motor oil' and `similar lubricants' means
mean the fraction of crude oil or synthetic oil which is sold
for the purposes of reducing friction in an industrial or mechanical
device that is classified for use in the crankcase, transmission,
gearbox, or differential of an internal combustion engine, including
automobiles, buses, trucks, lawn mowers and other household power
equipment, industrial machinery, and other mechanical devices that
derive their power from internal combustion engines. The terms
include re-refined oil but do not include heavy greases and specialty
industrial or machine oils, such as spindle oils, cutting oils, steam
cylinder oils, industrial oils, electrical insulating oils, or solvents which
are not sold at retail in this State."
SECTION 6. Section 44-96-160(D) of the 1976 Code, as added by
Act 63 of 1991, is amended by adding at the end:
"A retail dealer of motor oil who maintains a separate tank for
a voluntary used oil collection center as approved by the department
under this section is eligible for a payment from the South Carolina Tax
Commission from fees collected pursuant to subsection (V) of five cents
for every gallon of motor oil that is returned properly on a voluntary
basis to a registered used oil transporter or a permitted used oil recycling
facility upon proper verification."
SECTION 7. The first paragraph of Section 44-96-160(V)(2) of the
1976 Code, as added by Act 63 of 1991, is amended to read:
"The Tax Commission shall remit fees collected pursuant to
this section to the Solid Waste Management Trust Fund, less
payments made pursuant to subsection (D). The fees must be
reserved in a separate account designated as the Petroleum Fund. The
Petroleum Fund shall must be under the administration
of the Office of Solid Waste Reduction and Recycling."
SECTION 8. Section 44-96-160(V)(2)(a)(2) of the 1976 Code, as
added by Act 63 of 1991, is amended to read:
"(2) the establishment and continued operation of collection
centers which accept used oil; and , including a one-time
rebate to retailers who maintain department approved used oil collection
centers for equipment used in the used oil collection process, not to
exceed five hundred dollars a location. The used oil collection center
must maintain a separate tank for the collection of voluntarily returned
used oil to be eligible for this rebate. This rebate must be distributed by
the department upon approval of the collection center by the department
and submittal of proof of purchase of the equipment."
SECTION 9. Section 44-96-160 of the 1976 Code is amended by
adding at the end:
"(Z) Beginning February 28, 1993, and no later than
February twenty-eighth each year thereafter, the Office of Solid Waste
and Recycling shall submit to the Governor and to the General
Assembly a report for the previous calendar year including:
(1) the number of used oil collection sites available in each
county to the general public;
(2) the number and location of used oil collection sites in each
county receiving ongoing and start-up assistance from the Office of
Solid Waste Reduction and Recycling;
(3) the amount of used oil collected in each county."
SECTION 10. Section 48-1-10(17) of the 1976 Code is amended
to read:
"(17) `Source' means any and all points of origin of air
contaminants, including motor vehicles, whether privately or
publicly owned or operated;".
SECTION 11. Section 48-1-10 of the 1976 Code is amended by
adding at the end:
"(24) `Motor vehicle' means a passenger car or vehicle
designed for carrying ten passengers or less and used for the
transportation of persons and a light-duty truck or vehicle designed for
the transportation of cargo or property which has a gross vehicle weight
rating of less than eight thousand, five hundred pounds."
SECTION 12. Section 58-25-30(3) and (4) of the 1976 Code are
amended to read:
"(3) Upon the execution of such the
agreement by the governing bodies of the cities and the counties which
include at least ninety percent of the population of the proposed service
area within their jurisdictions, and only if the agreement provides for
imposition of a new source of revenue such as a new tax, the
question of creating such an authority under the terms of the executed
agreement must be submitted for ratification to the qualified electors
within the proposed service area at a general election or at a special
election called for that purpose as set forth in the agreement. Upon
the approval of the majority of the voters within the service area voting
on the question If an existing source or sources of revenue are
utilized to fund the authority an election is not required. If an election
is required, the agreement shall become operational upon the
approval of the majority of the voters within the service area voting on
the question and the authority must be created not less than sixty
days after the results of the election are certified. If an election is
not required, the agreement becomes operational upon the execution of
the agreement by the governing bodies of the cities and counties which
include at least ninety percent of the population of the proposed service
area, and the authority must be created not less than sixty days after the
agreement is executed.
(4) If an election is required, the question to be placed
before the electorate must state the service area of the proposed authority
(cities and counties involved) and the proposed method of financing,
including the level of tax to be initially imposed, and membership on the
board."
SECTION 13. Section 58-25-40(1) of the 1976 Code, as last
amended by Act 202 of 1989, is further amended to read:
"(1) The members of the authority must be represented on
the governing board of the authority by appointees of the governing
bodies of the cities and counties within the service area as set forth in
Section 58-25-35. The appointees may be elected officials of these local
governing bodies and if so would serve in an ex officio capacity. The
governing board of the authority must be made up of not more than two
times the number of authority governmental members and up to three
additional members appointed by the legislative delegation as provided
in this section.
There must be at least five board members. The membership of the
governing board must be apportioned among the member cities and
counties proportionate to population within the authority's service area
or the financial contribution to the authority by the member
municipalities and counties. The method of appointment must be
determined as follows: If the financial contribution of governmental
members is consistent with the population base, the method is by
population as provided in this section. If the financial contribution is not
consistent with the population base, then the method is by ratio of
financial contribution.
As many as three additional members of the governing board of a
transportation authority may be appointed by the legislative delegations
of the member counties if approved by the qualified electors within
the proposed service area in accordance with the procedures set
forth in Section 58-25-30. If the authority receives a grant of the state
funds from the general fund or the highway fund, the delegation shall
appoint three additional members. Unless the agreement approved
by the qualified electors of a service area provides otherwise, the
members of the governing board appointed by the delegation must be
apportioned as determined by a majority of the delegation members
including the resident senator. No member government, regardless of
population, may have less than one member on the board. County
population must be determined after subtracting the member city
population in that county. The terms of the representatives serving on
the governing board of the authority must be staggered so that the terms
of approximately one-third of the governing board expire each year.
After the initial terms as set forth in the agreement to achieve staggered
terms, subsequent terms must be for three years. Members of the
governing board of the authority may be reimbursed for expenses
incurred in connection with their service on the authority but they may
not receive salaries, per diem, or other compensation except that in cases
of extensive services rendered per diem may be paid by a two-thirds vote
of the authority."
SECTION 14. Section 58-25-40(3) of the 1976 Code is amended
to read:
"(3) Subsequent to the activation of the authority,
contiguous counties or cities not participating initially may become
members of the authority with the same benefits as the initial members
after a majority vote of their electors voting on the question in
pursuant to the procedure set forth in Section 58-25-30 and with
the approval by a majority vote of the board of the authority."
SECTION 15. Section 58-25-50 of the 1976 Code is amended to
read:
"Section 58-25-50. (A) The authority may:
(a)(1) purchase, lease, own, or operate or
provide for the operation of transportation facilities;
(b)(2) contract for public transportation services;
(c)(3) plan in concert with any appropriate local
planning operation for public transportation services;
(d)(4) exercise the power of eminent domain
limited to right-of-way and contiguous facility acquisition;
(e)(5) contract with other governmental
agencies, private companies, and individuals;
(f)(6) sue and be sued, implead and be
impleaded, complain, and defend in all courts;
(g)(7) adopt, use, and alter at will a corporate
seal;
(h)(8) acquire, purchase, hold, lease as a lessee,
and use any franchise or property, real, personal or mixed, tangible or
intangible, or any interest therein, necessary or desirable for carrying out
the purposes of the authority, and sell, lease as lessor, transfer, and
dispose of any property or interest therein acquired by it;
(i)(9) fix, alter, change, and establish rates, fees,
fares, and other charges for services or facilities of the authority. The
rates, fees, and fares set forth in the agreement approved by the
electorate may not be increased more frequently than annually. No
single increase may exceed fifty percent;
(j)(10) establish public transportation routes and
approve the alteration or addition of routes based primarily on a detailed
analysis or proposed use and comprehensive cost analysis;
(k)(11) acquire and operate, or provide for the
operation of, transportation systems, public or private, within the area,
the acquisition of a system to be by negotiation and agreement between
the authority and the operator of the system to be acquired;
(l)(12) make contracts of every name and nature
and execute all instruments necessary or convenient for the carrying on
of its business;
(m)(13) enter into management contracts with
any person for the management of a public transportation system owned
or controlled by the authority for a period of time, and under
compensation and other terms and conditions, as may be considered
advisable by the authority;
(n)(14) contract for the services of attorneys,
engineers, consultants, and agents for any purpose of the authority;
(o)(15) borrow money and make and issue
negotiable bonds, notes, or other evidences of indebtedness;
(p)(16) accept gifts, grants, or loans of money
or other property from and enter into contracts, leases, or other
transactions with and accept funds from federal, state, or local
governments, public or semipublic agencies or private individuals or
corporations and expend the funds and carry out cooperative
undertakings and contracts;
(q)(17) do all acts necessary for the provision
of public transportation services;
(r)(18) To provide transportation services
for residents of the service area to destinations outside the service area;
(s)(19) promulgate regulations to carry out the
provisions of this chapter.
(B) The authority or other authorized regional transportation
organization, in conjunction with all other organizations providing
public transportation in the service area, shall prepare and produce a
plan to coordinate public transportation services provided by each entity
utilizing state funds or funds administered by the State to ensure that
resources are being used in the most efficient and cost-effective manner.
The coordinated transportation plan must maintain the provision, type,
and level of assistance to individuals at least equal in quality to that
provided by the human service transportation providers in the service
area. The failure of an entity providing these services to comply with
the coordinated plan must be reported by the authority or the service
provider to the appropriate state agencies or funding authorities which
administer, contract, grant, approve, or appropriate funds for services.
Transportation resources presently owned by or under contractual
agreement of the service provider must remain under the authority of the
service provider."
SECTION 16. Section 58-25-60 of the 1976 Code is amended to
read:
"Section 58-25-60. The intended mechanism for raising the
necessary local funds to support the operation of the authority must be
set forth in the agreement provided for in Section 58-25-30. The
declaration of intended sources of local funds does not preclude the use
of other local, state, or federal sources which shall subsequently
become available except for state highway construction funds which
may not be used. The agreement may be amended specifically to
recognize new sources. Local funds may be generated from the
following source existing sources of revenue,
including, but not limited to, a local sales tax approved pursuant to
Chapter 10, Title 4, property tax, business license tax, accommodations
tax, and franchise fees, notwithstanding other provisions of law.
This source is These sources are not intended to be
exclusive.
A vehicle registration fee may be levied by the governing bodies of
the member cities and counties on the motor vehicles registered within
the service area of the authority. If this mechanism is used, the amount
of the vehicle registration fee must be set forth in the agreement and
must be approved by the qualified electors within the proposed service
area if an election is required by Section 58-25-30. The authority
shall request the members of the General Assembly representing its
service area to approve increases in the registration fee. Unless these
members of the General Assembly by majority vote approve the
increase, no increases may be imposed. This registration fee must be
added to the personal property tax notice collected as a part of the
personal property tax and the fee rebated to the authority."
SECTION 17. (A) There is created the Alternative
Transportation Fuels Study Committee to conduct a comprehensive
study of clean alternative transportation fuels. The members of the
committee must be appointed by the chair of the Joint Legislative
Committee on Energy and must include representatives of:
(1) the State Energy Office;
(2) the Joint Legislative Committee on Energy;
(3) the South Carolina Department of Health and
Environmental Control;
(4) the South Carolina Department of Highways and Public
Transportation;
(5) the Division of Motor Vehicle Management of the State
Budget and Control Board; and
(6) other entities as considered appropriate by the chair.
(B) At the initial meeting of the committee, the members shall
elect a chairman from among the members appointed pursuant to
subsection (A). The committee shall meet upon the call of the chair.
(C) A vacancy occurring on the committee must be filled in the
same manner as the original appointment.
(D) The members of the committee shall serve at no expense to the
State.
(E) The purpose of the Alternative Transportation Fuels Study
Committee is to study and analyze all issues pertaining to the use of
alternative transportation fuels, including, but not limited to, natural gas,
propane, electricity, ethanol, methanol, solar energy, hydrogen, and
reformulated gasoline, and to make recommendations to the Governor
and to the General Assembly regarding an alternative transportation
fuels strategy to be implemented by the State.
(F) The Alternative Transportation Fuels Study Committee shall:
(1) research and review current sources of transportation fuels
including, but not limited to, current technical reports, ongoing projects,
and other states' initiatives;
(2) research and analyze the financial implications of
implementing an alternative fuels program, including other states'
incentive programs and initiatives, and make recommendations to the
Governor and to the General Assembly regarding alternative
transportation fuels incentive packages. The committee shall
specifically consider and make recommendations regarding:
(a) exemptions and reductions of the state motor fuels taxes
for clean fuel vehicles;
(b) state-initiated, self-sustaining revolving funds for
providing low or no interest financing for clean fuel vehicle purchases
and conversion projects;
(c) investment tax credits for vehicle conversions, new vehicle
purchases, and refueling equipment;
(d) exemptions and reductions of sales taxes associated
with clean fuel vehicle purchases; and
(e) other possible incentives for clean fuel vehicle
conversions, new vehicle replacements, and the development of
refueling infrastructure;
(3) research and make recommendations to the Governor and
to the General Assembly on the establishment by the State of alternative
transportation fuels demonstration projects using a portion of the state's
fleet by the end of the calendar year 1992 and on how to structure the
demonstration projects to serve the following purposes:
(a) collect and analyze actual operating data;
(b) increase public knowledge of alternative transportation
fuels; and
(c) serve as teaching and training tools for future clean
transportation fuels programs;
(4) make recommendations to the Governor and to the General
Assembly on:
(a) the establishment of percentage goals for implementing
alternatively fueled vehicles in government fleets which are centrally
garaged and fueled;
(b) how the State should promote alternative transportation
vehicle use by private, centrally fueled and garaged fleets in designated
metropolitan areas;
(c) the development of education programs for local
governments and corporations which may be subject to federal or state
alternative transportation fuels measures; and
(5) prioritize the alternative transportation fuels researched by
the committee in terms of environmental impact, economics, availability,
technological advantages, and performance.
(G) In carrying out its responsibilities under subsection (C), the
committee shall consult with local companies that have expertise in
alternative transportation fuels issues or which would be affected by a
recommendation likely to be proposed by the committee.
(H) All meetings of the Alternative Transportation Fuels Study
Committee must be open to the public.
(I) The committee shall hold at least one public hearing to allow
affected companies and the general public an opportunity to comment
on the proposed recommendations before presentation of the final
recommendations of the committee to the Governor and to the General
Assembly.
(J) The Alternative Transportation Fuels Study Committee must
submit its final report and recommendations in writing to the Governor
and to the General Assembly no later than six months after the effective
date of this resolution.
After making its final report, the committee is dissolved.
SECTION 18. The Joint Legislative Committee on Energy shall
appoint a task force to study the feasibility of establishing intrastate rail
service and connecting with population centers in North Carolina and
Georgia. This study must be submitted to the General Assembly no later
than January 15, 1993.
SECTION 19. The State Budget and Control Board Division of
Motor Vehicle Management shall determine the extent to which the state
vehicle fleet can be configured to operate on alternative transportation
fuels. This determination must be based on a thorough evaluation of
each alternative fuel and the feasibility of using such fuels to power state
vehicles. The state fleet must be configured in a manner that will serve
as a model for other corporate and government fleets in the use of
alternative transportation fuel. By June 1, 1993, the division must begin
using alternative transportation fuels for the state vehicle fleet.
PART VI
Effective Date
SECTION 1. This act takes effect July 1, 1992.
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