Friday Report - January 28, 2022
Revenue, Finance and Economic Development
American Rescue Plan Act (ARPA) – Project and Expenditure Reporting Deadlines
The first “Quarterly Project and Expenditure Report” is due by January 31, 2022, for counties with populations that exceed 250,000 residents or counties with a population below 250,000 residents that were allotted more than $10 million in Recovery Funds. These reports will cover the period between March 3, 2021, and December 31, 2021, and require the reporting of projects, obligations, expenditure data, and subaward data, as well as certain other required programmatic data.
The following South Carolina counties are required to submit their first “Quarterly Project and Expenditure Report” by January 31, 2022, and on a quarterly basis following the first report:
Aiken County
Anderson County
Beaufort County
Berkeley County
Charleston County
Cherokee County
Darlington County
Dorchester County
Florence County
Georgetown County
Greenville County
Greenwood County
Horry County
Kershaw County
Lancaster County
Laurens County
Lexington County
Oconee County
Orangeburg County
Pickens County
Richland County
Spartanburg County
Sumter County
York County
For additional information regarding ARPA, visit SCAC's ARPA page.
Land Use, Natural Resources and Transportation
and Staff Attorney John Wienges of SCAC attend a
stakeholders meeting with House members to discuss
the electronic waste bill H. 4775.
Electronic Waste – H. 4775. A small group of stakeholders met this week with several members of the House of Representatives to discuss H. 4775. SCAC staff provided an overview of the history of electronic waste legislation in South Carolina and shared the top priorities of the association that are necessary in the bill to protect counties’ interests. Chairman Hiott of the House Agriculture Committee led the meeting and was very receptive to our concerns. SCAC staff has provided language that would require recyclers to maintain liability insurance for accidents and other emergencies and provide adequate assurance, such as bonds or corporate guarantees, to cover environmental or other costs upon the closure of their facility. The language would also exempt local governments from liability for any issues that arise after the covered devices leave solid waste facilities. The plan is for the amendment to be drafted next week and proposed at a subcommittee hearing sometime in the next couple of weeks.
Petroleum Pipelines – H. 3527. The House Agriculture, Natural Resources, and Environmental Affairs Committee met this week on several bills, including H. 3527. This legislation would establish a detailed application and permitting process that a for-profit company must follow before a petroleum pipeline can be extended or constructed within the state. If a company seeks to use eminent domain to locate a petroleum pipeline, the Public Service Commission would be required to provide notice to individual landowners and local governments and conduct a public hearing regarding the merits of the proposal. The bill would further provide for landowner compensation in the event of a potential spill and establish protections for private property rights.
Following an extended debate regarding the use of eminent domain by private companies, members of the Committee agreed to recommit H. 3527 to subcommittee for additional input. A hearing on the bill will be scheduled at a later date.
County Government and Intergovernmental
State Health Facility Licensure Act (Certificate of Need) – S. 290. As initially drafted, this bill overhauls the State Certification of Need and Health Facility Licensure Act by repealing the Certificate of Need (CON) provision. SCAC's policy position is to support legislation that would reform the state's CON to limit the appeals process, reduce the projects that require approval, and streamline the system. The Senate passed S. 290 to repeal the CON provision; however, the amended bill now imposes the following conditions:
- Defines the word "hospital;"
- Provides that MUSC must still obtain a CON or licensure;
- Provides that nursing homes must still obtain a CON from DHEC before undertaking certain health services;
- Creates a "Certificate of Need Study Committee" to examine the effect of the repeal of the CON program on the quality and quantity of access to healthcare in rural portions of South Carolina; and
- Creates a severability clause.
290 has been forwarded to the House.
Reapportionment and Redistricting – S. 865. The House concurred with the Senate amendments to this bill. S. 865 is now enrolled for ratification.
SCAC's Mid-Year Conference and Institute of Government Classes
SCAC's 2022 Mid-Year Conference will be held Wednesday, February 23, 2022, at the Embassy Suites Hotel in Columbia. You can access a copy of the registration brochure and conference agenda on the Association’s website. A legislative reception will be held from 5:00-7:00 p.m. at the Palmetto Club. You are encouraged to invite your legislators to dinner while you are in Columbia.
The Institute of Government will be held in conjunction with the Mid-Year Conference on Thursday, February 24, and Friday, February 25. The specific schedule of course offerings is available on the association’s website. The Council Chairperson’s Workshop will be held on Thursday, February 24, from 1:00-4:00 p.m. and is open only to council chairs and vice chairs. It is offered free-of-charge, but registration is required. Should you or your council members need assistance determining which classes to take, please contact Ryan Tooley at (800) 922-6081 or at rtooley@scac.sc.
The conference and Institute registration deadline is February 17. The deadline for making hotel reservations is February 3.
Newly-Introduced Legislation
View/Download Full Text for Newly-Introduced Legislation
Note: If you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081, fax to (803) 252-0379, or send an email. You can also go to www.scstatehouse.gov and click on "Legislation," then "Introduced Legislation."
Senate Bills
S. 1010 — Provides that an entity that has contracted for the right to store water in a reservoir owned by the United States Army Corps of Engineers has exclusive rights to any return flows generated to that reservoir.
S. 1017 — Requires the Department of Labor, Licensing and Regulation to adopt a multifamily dwelling balcony code establishing minimum standards for balcony railings that are primarily constructed of wood and are located in multifamily dwellings.
S. 1018 — Provides an exemption for a private passenger motor vehicle owned or leased by a member of the Armed Forces of the United States stationed outside of this state when that service member's home of record is in South Carolina and the vehicle is registered in South Carolina.
S. 1020 — Provides that county council elections may be conducted on a partisan or non-partisan basis.
S. 1027 — Provides the homestead exemption for taxpayers who are deaf.
House Bills
H. 4856 — Creates the "Palmetto Dividend Fund" to provide a $400 check to each South Carolina citizen over the age of 17 each year
H. 4857 — Provides that the governing body of a school district shall excuse five days of school that a student misses in a school year due to testing positive for COVID-19 or being quarantined because of exposure to COVID-19.
H. 4858 — Allows any person who contracts certain contagious or infectious diseases to consider, in consultation with a health care provider, any treatment modality that is either approved by the United States Food and Drug Administration or has passed adequate peer-reviewed analysis and been published in a peer-reviewed journal.
H. 4870 — Provides that if a participating employer in the South Carolina Retirement System or the Police Officers Retirement System, respectively, engages a certain member of the system to perform services, then the participant employer shall pay to the system the employer contribution that would be required if the member received the compensation as an active contributing member of the system.
H. 4875 — Relates to certain retirement allowances by the Police Officers Retirement System so as to provide that certain disability retirees are subject to certain earnings limitations.
H. 4876 — Increases the prohibition against public officials, public members, or public employees from lobbying or accepting employment in an area in which the official, member, or employee directly and substantially participated during his public service from one to two years.
H. 4877 — Enacts the "South Carolina Eradication of Corporate Money in Politics Act."
H. 4878 — Enacts the "South Carolina Independent Citizens Redistricting Commission and Voter Accessibility Act."
H. 4880 — Allows for the deduction of all military retirement income.
H. 4881 — Prohibits the state treasurer from investing in certain companies owned or controlled by the People's Liberation Army.
H. 4882 — Requires the State Election Commission to develop certain security protocols and to certify compliance at least annually.
Ratifications
(R119) S. 525 — Defines necessary terms related to advanced recycling and advanced recycling facilities of the South Carolina Solid Waste Policy and Management Act.
(R121) S. 865 — Adopts the US Census of 2020 as the true and correct enumeration of inhabitants of this state and identifies the data used in the code sections containing geographic assignments for election districts.