H*3890 Session 107 (1987-1988)
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
(A680, R809, H3890)
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. |