S*1273 Session 109 (1991-1992)
S*1273(Rat #0535, Act #0449 of 1992) General Bill, By Leventis, Bryan, Courson,
Courtney, Drummond, H.U. Fielding, Giese, F. Gilbert, Hayes, I.E. Lourie,
Matthews, McGill, Moore, M.F. Mullinax, O'Dell, Passailaigue, Patterson, Peeler,
M.T. Rose, Russell, Saleeby, Setzler, N.W. Smith, Thomas, Washington and Wilson
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 committee, 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, 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 and to
provide exceptions; 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 58-37-20 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 58-37-30 so
as to require annual reporting to the General Assembly on demand-side
activities and purchasing power of electric utilities; by adding Section
58-37-40 so as to require electrical utilities and the South Carolina Public
Service Authority to prepare integrated resource plans; by adding Section
58-37-10 so as to define "demand side activites" and "integrated resource
plan"; by adding Section 57-1-140 so as to require the South Carolina
Department of Highways and Public Transportation 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
payment to a retailer of motor oil who maintains an oil collection center of
five cents a gallon for oil returned to a licensed used oil transporter or
used oil recycling facility, to allow certain fees to be deducted from those
remitted to trust fund payments to be made, and to provide up to five hundred
dollars rebate to retailers who maintain a used oil collection center for
equipment used in the oil collection process; 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 and to require voters to approve joining an existing Authority; 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 provide limitations on use of certain
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 submit a plan to the General Assembly.-amended title
02/05/92 Senate Introduced and read first time SJ-8
02/05/92 Senate Referred to Committee on Agriculture and Natural
Resources SJ-8
03/31/92 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-34
04/28/92 Senate Read second time SJ-128
04/28/92 Senate Ordered to third reading with notice of
amendments SJ-128
04/30/92 Senate Amended SJ-36
04/30/92 Senate Read third time and sent to House SJ-63
05/05/92 House Introduced and read first time HJ-12
05/05/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-15
05/14/92 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-319
05/26/92 House Special order, set for follow call of uncontest
cal Tues 5/26/92(Under H 4883) HJ-50
05/26/92 House Amended HJ-65
05/26/92 House Debate interrupted HJ-74
05/28/92 House Amended HJ-55
05/28/92 House Debate interrupted HJ-80
06/02/92 House Read second time HJ-30
06/03/92 House Read third time and returned to Senate with
amendments HJ-60
06/04/92 Senate Concurred in House amendment and enrolled SJ-120
06/04/92 Ratified R 535
07/01/92 Signed By Governor
07/01/92 Effective date 07/01/92
07/01/92 Act No. 449
07/01/92 See act for exception to or explanation of
effective date
07/15/92 Copies available
(A449, R535, S1273)
AN ACT 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
COMMITTEE, 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, 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 AND TO PROVIDE
EXCEPTIONS; 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 58-37-20 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 58-37-30 SO AS TO
REQUIRE ANNUAL REPORTING TO THE GENERAL
ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND
PURCHASING POWER OF ELECTRIC UTILITIES; BY
ADDING SECTION 58-37-40 SO AS TO REQUIRE
ELECTRICAL UTILITIES AND THE SOUTH CAROLINA
PUBLIC SERVICE AUTHORITY TO PREPARE
INTEGRATED RESOURCE PLANS; BY ADDING SECTION
58-37-10 SO AS TO DEFINE "DEMAND-SIDE
ACTIVITIES" AND "INTEGRATED RESOURCE
PLAN"; BY ADDING SECTION 57-1-140 SO AS TO
REQUIRE THE SOUTH CAROLINA DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION 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 PAYMENT TO A
RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL
COLLECTION CENTER OF FIVE CENTS A GALLON FOR
OIL RETURNED TO A LICENSED USED OIL
TRANSPORTER OR USED OIL RECYCLING FACILITY, TO
ALLOW CERTAIN FEES TO BE DEDUCTED FROM THOSE
REMITTED TO TRUST FUND PAYMENTS TO BE MADE,
AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS
REBATE TO RETAILERS WHO MAINTAIN A USED OIL
COLLECTION CENTER FOR EQUIPMENT USED IN THE
OIL COLLECTION PROCESS; 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 AND
TO REQUIRE VOTERS TO APPROVE JOINING AN
EXISTING AUTHORITY; 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 PROVIDE
LIMITATIONS ON USE OF CERTAIN 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 SUBMIT A PLAN TO THE GENERAL
ASSEMBLY.
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
Citation to act
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
State Energy Policy Plan, State Energy Office, State Government
Energy Conservation
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 to the extent
practical 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 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 in
cooperation 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) two representatives of industrial consumers;
(11) two representatives of commercial consumers;
(12) two representatives of individual consumers; one must be
the State Consumer Advocate or the Consumer Advocate's
designee, who shall serve ex officio;
(13) two representatives of environmental groups; and
(14) one at-large member appointed by the Governor.
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 per diem payments or for
reimbursement for lodging or meals. The functions of the Energy
Advisory Committee are advisory to the State Energy Office. The
committee shall meet at least annually and at the call of the chair
or at the request of at least six members 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. Members shall adopt
rules governing meeting attendance and abide by these rules.
Section 48-52-450. Where possible, the State Energy Office
shall encourage consolidating other offices or programs in state
government related to energy, energy efficiency, and energy
reliability.
Article 6
State Government Energy Conservation
Section 48-52-610. The State Energy Office shall develop
energy efficient code standards for state-owned and leased
buildings, including public school buildings. These standards
must provide for life-cycle cost-effectiveness.
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. 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 full 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 governmental unit may enter into
guaranteed energy savings contracts for a duration of more than
one year with vendors of guaranteed energy savings programs.
No funds disclaimer clause 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) A guaranteed energy savings contract may be awarded
pursuant to Section 11-35-130 if it includes a written guarantee
that savings will meet or exceed the cost of energy conservation
measures.
(C) For purposes of this section, `governmental unit' means a
state government agency, department, institution, college,
university, technical school, legislative body, or other
establishment or official of the executive, judicial, or legislative
branches of this State authorized by law to enter into contracts,
including all local political subdivisions, including, but not
limited to, counties, municipalities, public school districts, or
public service or special purpose districts.
(D) 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 of these 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 energy cost savings
resulting from implementation of the energy conservation
measures may be used to make payments for the energy
conservation systems installed pursuant to guaranteed energy
savings contracts.
(E) For purposes of this section `energy conservation measure'
means a training program or facility alteration designed to reduce
energy consumption or operating costs, including, but not limited
to:
(1) insulation of the building structure or systems within
the building;
(2) storm windows or doors, caulking or
weatherstripping, multiglazed windows or doors, heat absorbing
or heat reflective glazed and coated window or door systems,
additional glazing, reductions in glass area, or other window and
door system modifications that reduce energy consumption;
(3) automated or computerized energy control
systems;
(4) heating, ventilating, or air conditioning system
modifications or replacements;
(5) replacement or modification of lighting fixtures to
increase the energy efficiency of the lighting system without
increasing the overall illumination of a facility, unless an increase
in illumination is necessary to conform to the applicable state or
local building code for the lighting system after the proposed
modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily within
a building or complex of buildings;
(8) energy conservation measures that provide long-term
operating cost reductions.
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."
Funding
SECTION 2. Funding for the State Energy Office, as created in
this part, must be derived from existing financial resources
available to the State and may be derived from oil overcharge
funds. Personnel for the State Energy Office must be derived
from the consolidation of existing state government personnel
slots with no new FTE's.
Effect of government restructuring on placement of
office
SECTION 3. The establishment of the State Energy Office
within the State Budget and Control Board, as provided for in this
part, must be evaluated if 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.
Limitation on amount school districts must spend for energy
conservation
SECTION 4. No public school district may be required to
expend more than one hundred dollars a year to comply with the
provisions of this chapter.
PART III
Residential Energy Conservation
Manufactured housing energy efficiency labels
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."
Residential energy efficiency standards
SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to
read:
"(d) Notwithstanding the provisions of subsection (a),
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, floors with crawl space, and heating and air conditioning
duct work, the determination of the minimum thermal resistance
ratings (R-value) must be:
(1) R-30 for ceilings, except for ceiling/roof
combinations, which must be R-19;
(2) R-13 for exterior walls;
(3) 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 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
available from the South Carolina Residential Builders
Commission and a copy must be submitted to the commission
which must keep it for thirteen years."
Sales tax on manufactured housing
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 manufactured home, as defined in
Section 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 for the amount of tax due;
(4) if the result from (2) is greater than six thousand
dollars, the tax due is three hundred dollars plus 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."
Violation
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
Energy supply and efficiency requirements for electrical and
gas utilities
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 reduce energy consumption or demand. 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 specific cost-effective energy
conservation measures is at least as high as the net income would
have been if the energy conservation measures 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 whenever 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) No procedures for integrated resource planning for utilities
providing natural gas services may be recommended nor may
integrated resource plan reporting be required of utilities
providing natural gas services unless and until integrated resource
planning procedures for utilities providing natural gas services are
adopted by the Public Service Commission."
PART V
Transportation Efficiency
Highway development and energy efficiency
SECTION 1. 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 feasible 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."
State vehicle fleet
SECTION 2. 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 nonlaw 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 must be titled to the State 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 must
be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C)
must be approved by the director of the Division of Motor Vehicle
Management. Requirements in subsection (B) do not apply to the
State Development Board.
(G) Preference in purchasing state motor vehicles must be
given to vehicles assembled in the United States with at least
seventy-five percent domestic content as determined by the
appropriate federal agency."
Sales tax exemption
SECTION 3. 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, 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;".
Definitions; Solid waste management
SECTION 4. 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' mean the
fraction of crude oil or synthetic oil 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."
Used oil recycling
SECTION 5. 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
properly returned on a voluntary basis to a registered used oil
transporter or permitted used oil recycling facility upon proper
verification."
Petroleum Fund
SECTION 6. 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 must be under the administration of the
Office of Solid Waste Reduction and Recycling."
Used oil collection center rebate
SECTION 7. 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, 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."
Used oil collection site and recycling report
SECTION 8. 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."
Voters to approve establishment of regional transportation
authority
SECTION 9. Section 58-25-30(3) and (4) of the 1976 Code are
amended to read:
"(3) Upon the execution of 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. 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."
Transportation authority budget information must be publicly
available
SECTION 10. Section 58-25-30, as last amended by Act 625
of 1988, is further amended by adding an appropriately numbered
item to read:
"( ) For fiscal years after creation of a regional
transportation authority, the governing bodies of the cities and
counties within the service area of the authority publicly must
make available information regarding the portion of their budgets
which is devoted to the financial support of the authority and the
estimated portion of any revenue source which would be utilized
to support the authority."
Authority board members, appointments; apportionment
among service area
SECTION 11. 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.
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 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 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.
Members shall adopt and abide by rules governing meeting
attendance."
Voters to approve joining existing authority
SECTION 12. 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 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."
Coordinated transportation plan
SECTION 13. Section 58-25-50 of the 1976 Code is amended
by adding at the end:
"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."
Limitations on use of property tax and vehicle registration fee
to fund authority
SECTION 14. Section 58-25-60 of the 1976 Code is amended by
adding at the end:
"Property tax revenue must not be used to support
operation of the authority unless the authority has been approved
by referendum pursuant to Section 58-25-30. In areas with
Regional Transportation Authorities in existence on the effective
date of this act, a vehicle registration fee increase for the purpose
of financing a Regional Transportation Authority must be
approved in referendum by a majority of the electorate in the area
to which the vehicle registration fee increase would
apply."
Alternative transportation fuels study committee
SECTION 15. (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 Speaker
of the House of Representatives and the Lieutenant Governor 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.
(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 additional
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.
(K) Members of this committee are not eligible for per diem,
travel, lodging, or meals. Members shall adopt rules governing
meeting attendance and abide by these rules.
After making its final report, the committee is dissolved.
Task force on feasibility of intrastate rail service
SECTION 16. 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.
Feasibility of using alternative transportation fuels for state
fleet
SECTION 17. 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 March 1, 1993, the Division of Motor
Vehicle Management must submit a plan to the General Assembly
for the use of alternative transportation fuels for the state vehicle
fleet that will enable the state vehicle fleet to serve as a model for
corporate and other government fleets in the use of alternative
transportation fuel. This plan must contain a cost/benefit analysis
of the proposed changes.
PART VI
Effective Date
Effective date
SECTION 1. This act takes effect July 1, 1992, except Part III
which takes effect January 1, 1993.
Approved the 1st day of July, 1992. |