H*3890(Rat #0809, Act #0680 of 1988)  General Bill, By T.W. Edwards, 
M.D. Burriss, W.N. Cork, H.H. Keyserling and L.L. Taylor

Similar(S 1154)
 A Bill to provide that prior to authorization of the expenditure of any oil
 overcharge refund monies pursuant to certain provisions of law, the Joint
 Legislative Committee on Energy shall review and make a recommendation as to
 the approval and adoption of this State's energy policy, authorize the
 Governor's office to make decisions on the allocations of energy program
 funding pursuant to guidelines established by the Department of Energy,
 decisions of the federal courts, and the Joint Legislative Committee on
 Energy, require the Joint Legislative Committee on Energy, after consultation
 with the Governor's office, to review the projects approved by the Governor
 for funding, authorize the Committee to within a sixty day period remand to
 the Governor's office for reconsideration any of the approved projects with
 which the Committee is in disagreement, grant the Committee continuous energy
 program oversight regarding the actual expenditure and use of the oil
 overcharge funds, provide for certain evaluation of state entity funds from
 the general fund of the State which receives a financial gain as a result of
 energy efficiency improvements undertaken as a result of the State's energy
 programs, provide for the reporting of certain cost savings, provide for the
 deposit of these funds and their disbursement, and require the State Auditor
 to conduct an annual financial compliance audit.-amended title

   03/02/88  House  Introduced and read first time HJ-1647
   03/02/88  House  Referred to Committee on Ways and Means HJ-1648
   03/24/88  House  Committee report: Favorable Ways and Means HJ-2321
   04/07/88  House  Read second time HJ-2566
   04/12/88  House  Read third time and sent to Senate HJ-2621
   04/13/88  Senate Introduced and read first time SJ-58
   04/13/88  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-58
   05/12/88  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-15
   05/17/88  Senate Read second time SJ-15
   05/17/88  Senate Unanimous consent for third reading on next
                     legislative day SJ-15
   05/18/88  Senate Read third time and enrolled SJ-5
   05/19/88  Senate Recalled from Legislative Council SJ-5
   05/19/88  Senate Reconsidered SJ-5
   05/19/88  Senate Amended SJ-5
   05/19/88  Senate  Read third time SJ-5
   05/19/88  Senate Returned SJ-5
   05/26/88  House  Debate adjourned HJ-4147
   05/30/88  House  Senate amendment amended HJ-4316
   05/30/88  House  Returned HJ-4317
   06/02/88  Senate Non-concurrence in House amendment SJ-92
   06/02/88  House  House insists upon amendment and conference
                     committee appointed Reps. Edwards, Keyserling &
                     Taylor HJ-4713
   06/02/88  Senate Conference committee appointed Sens. Peeler,
                     Moore, Saleeby SJ-45
   06/14/88  Senate  Conference appointment changed- Saleeby to
                     Garrison SJ-1
   06/20/88  House  Free conference powers granted HJ-4868
   06/20/88  House  Free conference committee appointed Edwards,
                     Keyserling & Taylor HJ-4870
   06/20/88  House  Free conference report received HJ-4900
   06/20/88  House  Free conference report adopted HJ-4903
   06/20/88  Senate Free conference powers granted SJ-24
   06/20/88  Senate Free conference committee appointed Sens. Moore,
                     Garrison, Peeler SJ-24
   06/20/88  Senate Free conference report received SJ-24
   06/20/88  Senate Free conference report adopted SJ-24
   06/20/88  Senate Ordered enrolled for ratification SJ-86
   06/21/88         Ratified R 809
   07/25/88         Signed By Governor
   07/25/88         Effective date 07/25/88
   07/25/88         Act No. 680
   08/09/88         Copies available

AN ACT TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY, AUTHORIZE THE GOVERNOR'S OFFICE TO MAKE DECISIONS ON THE ALLOCATIONS OF ENERGY PROGRAM FUNDING PURSUANT TO GUIDELINES ESTABLISHED BY THE DEPARTMENT OF ENERGY, DECISIONS OF THE FEDERAL COURTS, AND THE JOINT LEGISLATIVE COMMITTEE ON ENERGY, REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON ENERGY, AFTER CONSULTATION WITH THE GOVERNOR'S OFFICE, TO REVIEW THE PROJECTS APPROVED BY THE GOVERNOR FOR FUNDING, AUTHORIZE THE COMMITTEE TO WITHIN A SIXTY-DAY PERIOD REMAND TO THE GOVERNOR'S OFFICE FOR RECONSIDERATION ANY OF THE APPROVED PROJECTS WITH WHICH THE COMMITTEE IS IN DISAGREEMENT, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION OF STATE ENTITY FUNDS FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.

Be it enacted by the General Assembly of the State of South Carolina:

Committee to review

SECTION 1. Prior to authorization of the expenditure of any oil overcharge refund monies by the Governor and the Joint Appropriations Review Committee, pursuant to the provisions of

Chapter 65, Title 2, Code of Laws of South Carolina, 1976, the Joint Legislative Committee on Energy shall review and make a recommendation as to the approval and adoption of this state's energy policy. Energy policy established by the Joint Legislative Committee on Energy must be based primarily on the potential for reducing the costs of energy consumption, and such potential cost savings must be estimated and documented for future analysis.

Allocation of funding

SECTION 2. Pursuant to the guidelines established by the Department of Energy, decisions of the federal courts, and the Joint Legislative Committee on Energy, the Governor's office shall make decisions on the allocation of energy program funding. After consultation with the Governor's office, the Joint Legislative Committee on Energy shall review the projects approved by the Governor for funding. This review may not exceed sixty days and the Joint Legislative Committee on Energy may within that time period remand to the Governor's office for reconsideration any of the approved projects with which the committee is in disagreement.

Oversight responsibility

SECTION 3. The Joint Legislative Committee on Energy has the authority and responsibility of continuous energy program oversight on the actual expenditure and use of the oil overcharge funds, including, but not limited to, the receipt and review of all reports, contracts, and subcontracts issued and any other information considered necessary to assure that such funds are being utilized in accordance with the energy policy and energy program plans approved as stated in this act.

Evaluation of entity receiving financial gain

SECTION 4. Any state agency, board, commission, institution, or other entity funded from the general fund of the State which receives a financial gain as a result of energy efficiency improvements undertaken as a result of the state's energy programs must be evaluated as to the actual annual dollar savings attained. The cost savings must be reported to the Joint Legislative Committee on Energy by the entity administering the state energy program. The Joint Legislative Committee on Energy shall review the report of cost savings to ensure that the dollar amounts saved are accurate, and the committee shall report its findings to the Senate Finance Committee and to the House Ways and Means Committee annually, not later than January first. The entity administering the state energy program shall cooperate fully with the Joint Legislative Committee on Energy to ensure that the annual reporting requirement is met.

Fund to be deposited

SECTION 5. Oil overcharge funds must be deposited by the State Treasurer in interest-bearing accounts of the State, with interest earned to be earmarked for the same purposes as the oil overcharge monies. The administering entity shall ensure that funds are drawn down and disbursed in a manner which ensures the maximum interest accruing to the State Treasurer's oil overcharge funds account. The State Auditor shall conduct an annual financial compliance audit and budget adequate funds to cover its cost.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.