reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-60. Violations; penalties; civil remedies.

(a) A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter.
(b) Any person injured by a violation of this chapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek:
(1) Injunctive relief; or
(2) An order enforcing the provision violated; or
(3) Damages caused by the violation; or
(4) Both damages and injunctive relief; or
(5) Both damages and an enforcement order; or
(6) Both an enforcement order and injunctive relief.
If actual damages as found by the court or jury in suits brought under this subsection are five hundred dollars or less, the plaintiff must be awarded not less than five hundred dollars; if the amount of actual damages as found by the court or jury is greater than five hundred dollars, the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this subsection must be based upon a threatened injury, an actual injury, or both.
Civil actions under this subsection must be brought in the circuit court of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.
HISTORY: 1984 Act No. 444, Section 6; 1993 Act No. 184, Section 244.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-70. Identification of protected mountain ridge crests.

(a) The Department of Parks, Recreation and Tourism shall identify the protected mountain ridge crests in each county by showing them on a map or drawing, describing them in a document, or any combination thereof. These maps, drawings, or documents shall identify the protected mountain ridges as defined in Section 48-49-30 and such other mountain ridges as any county may request, and shall specify those protected mountain ridges that serve as all or part of the boundary line between two counties. By January 1, 1985, the map, drawing, or document tentatively identifying the protected mountain ridge crests of each county must be filed with the governing body of that county, with the municipal governing body of each municipality that requests it, and with the register of deeds or the clerk of court in the county where the land lies, and made available for inspection at the Department's offices in Columbia.
(b) Determinations by the Department of elevations under this section are conclusive in the absence of fraud.
HISTORY: 1984 Act No. 444, Section 7; 1997 Act No. 34, Section 1.
Code Commissioner's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 49 - South Carolina Mountain Ridge Protection Act Of 1984 › Section 48-49-80. Power of counties or municipalities to enact ordinances restricting construction on mountain ridges.

Nothing in this chapter shall prevent any county or municipality from enacting ordinances pursuant to law to prohibit or restrict development or construction on any mountain ridge regardless of elevation, but in no event shall any such ordinance result in less stringent protection than that provided for in this chapter.
HISTORY: 1984 Act No. 444, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-210. Policy and purpose.

(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 clean energy resources, including nuclear energy, energy conservation and efficiency, and 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; and
(12) ensure that any future energy strategy that promotes carbon-free, nongreenhouse gas emitting sources includes nuclear energy, renewable resources, and energy conservation and efficiency.
HISTORY: 1992 Act No. 449, Part II, Section 1; 2009 Act No. 19, Section 3, eff May 19, 2009.
Effect of Amendment
The 2009 amendment, in item (4), added "clean energy resources, including nuclear energy, energy conservation and efficiency, and", and added item (12) relating to future energy strategy.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-220. "Renewable energy resources" defined.

For the purposes of this chapter, "renewable energy resources" means energy conservation and efficiency, solar photovoltaic energy, solar thermal energy, wind power, hydroelectric power, geothermal energy, tidal energy, wave energy, recycling, hydrogen fuel derived from renewable resources, biomass energy, energy derived from municipal and other solid waste, energy derived from waste oil, energy derived from waste tires, and landfill gas.
HISTORY: 2009 Act No. 19, Section 1, eff May 19, 2009.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-410. State Energy Office established; purpose.

There is established the State Energy Office within the Office of Regulatory Staff 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.
HISTORY: 1992 Act No. 449, Part II, Section 1; 2014 Act No. 121 (S.22), Pt VI, Section 11, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 11, substituted "Office of Regulatory Staff" for "State Budget and Control Board".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-430. Annual state energy action plan.

The State Energy Office annually shall submit to the Governor and the Public Utility Review Committee, the House Labor, Commerce and Industry Committee, and the Senate Agriculture and Natural Resources Committee 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.
HISTORY: 1992 Act No. 449, Part II, Section 1; 2009 Act No. 19, Section 5, eff May 19, 2009.
Effect of Amendment
The 2009 amendment, in the introductory paragraph, substituted "the Public Utility Review Committee, the House Labor, Commerce and Industry Committee, and the Senate Agriculture and Natural Resources Committee" for "Joint Legislative Committee on Energy".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-435. Prior approval required for studies of alternative energy usage or conservation measures.

In order to avoid duplicative studies, funds shall not be expended by state agencies for studies investigating alternative energy usage or conservation measures without prior approval of the State Energy Office and the Joint Legislative Committee on Energy.
HISTORY: 1995 Act No. 145, Part II, Section 8.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-460. Effect of government restructuring on placement of State Energy Office.

The establishment of the State Energy Office within the Office of Regulatory Staff, 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.
HISTORY: 1992 Act No. 449, Pt. II, Section 3; 2014 Act No. 121 (S.22), Pt VI, Section 13, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 13, substituted "Office of Regulatory Staff" for "State Budget and Control Board".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-470. Funding for State Energy Office.

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.
HISTORY: 1992 Act No. 449, Pt. II, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-610. Energy efficiency standards for state buildings.

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.
HISTORY: 1992 Act No. 449, Part II, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-630. Energy conservation savings; division; reinvestment.

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.
HISTORY: 1992 Act No. 449, Part II, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-635. State agency to carry forward and retain savings realized from energy conservation measures.

Pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure as compared to a baseline energy use as certified by the State Energy Office, may be retained and carried forward into the current fiscal year. This savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the Office of Regulatory Staff.
HISTORY: 1995 Act No. 145, Part II, Section 16; 2014 Act No. 121 (S.22), Pt VI, Section 14, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 14, substituted "Office of Regulatory Staff" for "State Budget and Control Board".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-640. Energy conservation products marketed to State; certification and procurement requirements.

(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) Energy conservation products certified by the State Energy Office may be purchased by a state agency subject to the state procurement code, but only if the State Energy Office considers use of the energy conservation product more cost efficient than an uncertified product over a five-year period. The State Energy Office may certify only a product that meets or exceeds the Federal Energy Star standards designed by the United States Environmental Protection Agency and the United States Department of Energy.
(C) A state agency shall submit a disclaimer statement to the State Energy Office with its annual report stating that it did not purchase an energy conservation product that had not been certified by the State Energy Office.
(D) Each state agency head shall require the agency's procurement officer or other person authorized to purchase supplies for the agency to replace an incandescent light bulb used by the agency with a compact fluorescent bulb when the incandescent bulb needs to be replaced, and if the agency determines use of a compact fluorescent bulb is more cost effective over a five-year period than use of an incandescent bulb. A state agency may purchase incandescent bulbs for the agency if the agency verifies, in writing, that compelling circumstances require the use of incandescent bulbs.
HISTORY: 1992 Act No. 449, Part II, Section 1; 2008 Act No. 318, Section 2, eff June 11, 2008.
Effect of Amendment
The 2008 amendment rewrote subsection (B); made nonsubstantive changes in subsection (C); and added subsection (D) relating to replacing incandescent light bulbs with compact fluorescent bulbs.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-650. Revolving loan fund for energy conservation measures.

The State Energy Office shall establish a mechanism for a revolving loan fund for state agencies and political subdivisions of the State to use for energy conservation measures. Repayment may be from the savings in the entity's utility budget.
HISTORY: 1992 Act No. 449, Part II, Section 1; 1999 Act No. 89, Section 2.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-660. Lease purchase agreements with energy efficiency products vendors and utility companies; procurements for energy-using goods and facilities.

(A) A state agency or political subdivision of the State 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 entity's 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.
HISTORY: 1992 Act No. 449, Part II, Section 1; 1999 Act No. 89, Section 3.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-680. Identification of "energy efficient" goods; energy conservation standards; building specifications.

(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, Division of General Services of the Department of Administration, 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.
HISTORY: 1992 Act No. 449, Part II, Section 1; 2014 Act No. 121 (S.22), Pt VI, Section 15, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 15, in subsection (C), substituted "Management, Division of General Services of the Department of Administration" for "Management of the Budget and Control Board, Division of General Services".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-820. Promoting effective energy and environmental standards for buildings; adoption of policies and procedures.

The purpose of this section is to promote effective energy and environmental standards for construction, rehabilitation, and maintenance of buildings in this State, improving the state's capacity to design, build, and operate high-performance buildings and creating new jobs and contributing to economic growth and increasing the state's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that:
(1) optimize the energy performance of buildings throughout this State;
(2) increase the demand for environmentally preferable building materials, finishes, and furnishings;
(3) improve environmental quality in this State by decreasing the discharge of pollutants from state buildings and their manufacture;
(4) create public awareness of new technologies that can improve the health and productivity of building occupants by meeting advanced criteria for indoor air quality;
(5) improve working conditions and reduce building-related health problems;
(6) reduce the state's dependence on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;
(7) protect and restore this state's natural resources by avoiding development of inappropriate building sites;
(8) reduce the burden on municipal water supply and treatment by reducing potable water consumption;
(9) reduce waste generation and manage waste through recycling and diversion from landfill disposal;
(10) establish life cycle cost analysis as the appropriate and most efficient analysis to determine a building project's optimal performance level;
(11) ensure each building project's systems are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review and verification; and
(12) authorize the board to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence.
HISTORY: 2007 Act No. 88, Section 1, eff June 20, 2007.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-825. Adoption of current facility energy efficiency rating system.

(A)(1)(a) The board shall automatically adopt by reference the most current editions of the rating systems developed by Green Building Initiative and U.S. Green Building Council's Leadership in Energy and Environmental Design used for certification pursuant to this article. Upon adoption, the most current edition of the rating system shall be used for certification purposes under this article. Provided, however, that the most current edition of the rating system shall be subject to regulations concerning that edition of the rating system when promulgated pursuant to item (2).
(b) In the event that two rating systems from the same organization have been adopted by reference and are effective concurrently for certification purposes, then either rating system may be utilized to certify projects as required pursuant to this article. The latter of the two rating systems to be adopted by reference pursuant to subitem (a) shall be deemed to be the most current edition of the rating system for purposes of review and regulation pursuant to subsection (B).
(2) The board shall refer new or updated rating systems to the Energy Independence and Sustainable Construction Advisory Committee for consideration pursuant to Section 48-52-865(B) immediately upon the release of the new or updated rating system and prior to the rating system's effective date. After receiving the advisory committee's recommendations, the board shall promulgate regulations to amend the rating system under consideration to remove specific provisions, provided that the recommended amendments would not so alter the rating system as to render certification under the rating system impossible. If the advisory committee does not make a recommendation within the time period prescribed in Section 48-52-865(B)(2) the board, upon consultation with the State Engineer, shall proceed with promulgating regulations as provided in this item.
(B) The regulations promulgated pursuant to subsection (A) must provide that the rating systems provide certification credits for, preference for, and promotes building materials or furnishings, including, but not limited to, wood grown in this State, and masonry, plastics, concrete, steel, textiles, and wood that are manufactured or produced within the State. The regulations promulgated may not place at a disadvantage building materials or furnishings that are manufactured or produced within the State.
HISTORY: 2014 Act No. 150 (H.3592), Section 1, eff April 7, 2014.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-827. Certain major facility projects may not seek rating credit or point for building product disclosure and optimization credit.

A major facility project, as defined in Section 48-52-810(10), requesting third-party certification shall not be allowed to seek a rating credit or point for building product disclosure and optimization credit that requires material ingredient reporting; and, the language would apply to any subsequent editions of rating systems developed by the Green Building Initiative, the U.S. Green Building Council's Leadership in Energy and Environmental Design, or third-party certification initiatives.
HISTORY: 2014 Act No. 150 (H.3592), Section 1, eff April 7, 2014.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-830. Certification standards for major facility projects.

(A)(1) All major facility projects in this State, as defined in Section 48-52-810(10)(i), must be designed, constructed, and at least certified as receiving two globes using the Green Globes Rating System or receiving the LEED Silver standard. All major facility projects in this State, as defined in Section 48-52-810(10)(a)(ii) or (iii), must be analyzed using a life cycle cost analysis comparing the cost and benefits of designing, constructing, maintaining, and operating the facility at the LEED Silver standard or two globes standard, or better, with certification; normal industry and regulatory standards as applicable; or some standard between the two that causes the project to be designed and constructed in a manner that achieves the lowest thirty-year life cycle cost.
(2) In obtaining certification as receiving two globes using the Green Globes Rating System, a major facility project must earn at least twenty percent of the available points for energy performance under "C.1.1 Energy Consumption". In obtaining certification as meeting the LEED Silver standard, a major facility project must earn at least forty percent of the available points for energy performance under "EA Credit: Optimize Energy Performance". The Office of State Engineer may waive the requirements of this item for a proposed major facility project should it determine that the costs of meeting this item are not economically feasible. The Office of State Engineer shall notify the board of the reason for the issuance of a waiver.
(B) The board may petition the General Assembly to require all major facility projects be certified to a high-performance building rating system standard in addition to or instead of the systems provided in this chapter. However, any alternate rating system adopted by the General Assembly must be no less stringent than the systems provided in this chapter.
(C) The board shall administer and enforce the provisions in this article. Also, the board may adopt rules and promulgate regulations to comply with the goals set forth in Section 48-52-820.
HISTORY: 2007 Act No. 88, Section 1, eff June 20, 2007; 2014 Act No. 150 (H.3592), Section 4, eff April 7, 2014.
Effect of Amendment
2014 Act No. 150, Section 4, in subsection (A)(2), substituted "EA Credit" for "EA Credit 1", and twice substituted "Office of State Engineer" for "State Engineer's Office".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-840. Certification using LEED rating system; inspection and monitoring of environmental benefits.

(A) In order to become certified using a LEED rating system, a major facility project shall register with USGBC prior to filing the first building construction permit application. USGBC shall have the sole discretion in determining whether a major facility project receives certification.
(B) All major facility projects that were certified at the LEED Silver standard or higher must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance.
(C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the Department of Administration to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.
HISTORY: 2007 Act No. 88, Section 1, eff June 20, 2007.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-850. Certification using Green Globes Rating System; inspection and monitoring of environmental benefits.

(A) In order to become certified using a Green Globes Rating System, a major facility project shall register with GBI prior to filing the first building construction permit application. GBI shall have the sole discretion in determining whether a major facility project receives certification.
(B) All major facility projects that were first certified as receiving two globes using the Green Globes Rating System must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance.
(C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the Department of Administration to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.
HISTORY: 2007 Act No. 88, Section 1, eff June 20, 2007.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-860. Annual report; contents.

The board annually shall submit a report regarding major facility projects to the General Assembly that includes:
(1) the number and types of buildings designed and constructed;
(2) the level of certification of each building designed, constructed, or renovated;
(3) actual savings in energy costs;
(4) a description of all potential environmental benefits, including, but not limited to, water resources savings and the reduction of waste generation;
(5) the ability of buildings to continue to operate at the standard to which it was originally certified;
(6) the reason for any waiver granted by the State Engineer's Office; and
(7) any conflicts or barriers that hinder the effectiveness of this article.
HISTORY: 2007 Act No. 88, Section 1, eff June 20, 2007.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-870. Purpose of program; adoption of rules.

(A) The Energy Efficient Manufactured Homes Incentive Program is established to provide financial incentives for the purchase and installation of energy efficient manufactured homes in South Carolina. Any person who purchases a manufactured home designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy saving efficiency requirements or which has been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program from a retail dealership licensed by the South Carolina Manufactured Housing Board for use in this State is eligible for a nonrefundable income tax credit equal to seven hundred fifty dollars. The credit may be claimed beginning July 1, 2009, and no later than July 1, 2024.
(B) The South Carolina Energy Office shall adopt rules pursuant to this article to develop tax credit applications and administer the issuance of tax credits and must track and report on the fiscal and energy impacts of this program.
HISTORY: 2008 Act No. 354, Section 2, eff July 1, 2009; 2020 Act No. 138 (S.76), Section 1, eff May 26, 2020.
Code Commissioner's Note
Pursuant to the direction of the Code Commissioner, "this article to" was added in subsection (B).
Effect of Amendment
2020 Act No. 138, Section 1, in (A), in the third sentence, substituted "July 1, 2024" for "July 1, 2019".
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 52 - Energy Efficiency › Section 48-52-910. Implementation of conservation measures by agencies; audit; reports.

(A) Each agency must consider reductions of its energy, water, and wastewater use, and must implement recommended conservation measures to the degree the agency determines that the measures are cost effective. An audit must be performed by internal or external auditors, or by an energy services company in the manner provided in Section 48-52-670. Audit results and recommendations must be included in the report to the State Energy Office.
(B) Each agency must comply with this section by July 1, 2011.
HISTORY: 2009 Act No. 19, Section 2, eff May 19, 2009.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 53 - Transportation Of Litter › Section 48-53-10. Definitions.

As used in this chapter:
(1) "Litter" means all waste material including, but not limited to, bottles, glass, crockery, cans, paper, plastic, rubber, garbage, offal, waste building material at construction sites, disposable packages, or containers thrown or deposited as prohibited by the provisions of this chapter but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
(2) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
HISTORY: 1989 Act No. 104, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 53 - Transportation Of Litter › Section 48-53-20. Litter to be covered to prevent it from escaping from vehicle during transportation.

No vehicle which transports litter may be driven or moved on any highway unless the litter is secured by means of a covering which is fastened securely so as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle.
HISTORY: 1989 Act No. 104, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 54 - Take Palmetto Pride In Where You Live › Section 48-54-10. Take Palmetto Pride in Where You Live Commission established.

(A) There is established the Take Palmetto Pride in Where You Live Commission under the auspices of, and staffed by, the Department of Natural Resources. The commission shall serve as the lead agency for statewide litter removal, litter reduction and prevention, and litter law enforcement through facilitating communication, cooperation and coordination of the efforts and resources of state agencies, local governments, the private profit and nonprofit sectors, business, and industry.
(B) The commission is comprised of:
(1) the Director of the Department of Natural Resources, or his designee, who shall serve as the chairperson of the commission;
(2) the Director of the Department of Transportation, or his designee, who shall serve as the vice chairperson of the commission;
(3) the Director of the Department of Corrections or his designee;
(4) the Director of the Department of Probation, Parole and Pardon Services, or his designee;
(5) the Director of the Department of Public Safety, or his designee;
(6) the Director of Court Administration, or his designee;
(7) the Director of Palmetto Pride, or his designee;
(8) the Director of Keep America Beautiful South Carolina, or his designee;
(9) the Executive Director of the Municipal Association of South Carolina, or his designee;
(10) the Executive Director of the South Carolina Association of Counties, or his designee;
(11) the Executive Director of the South Carolina Sheriff's Association, or his designee; and
(12) the President of the South Carolina Trucking Association, or his designee.
(C) The members of the commission shall serve ex officio and payment of any mileage, per diem, or subsistence is the responsibility of the department or organization the member represents.
(D) The commission must be staffed by the Department of Natural Resources and shall meet at least twice a year and at any time upon the call of the chair.
(E) In carrying out its responsibilities pursuant to this chapter, the commission may convene ad hoc committees as it considers necessary and utilize the assistance and expertise of other agencies, organizations, and resources to improve litter removal, reduction and prevention, and litter law enforcement in this State.
(F) All agencies of the State and local governments shall cooperate with the commission in carrying out its responsibilities pursuant to this chapter.
HISTORY: 2015 Act No. 8 (H.3035), Section 2, eff April 2, 2015.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 54 - Take Palmetto Pride In Where You Live › Section 48-54-20. Survey and evaluation of litter issues in state.

The commission shall survey the incidence of litter violations and the primary type and locations of litter in this State; the system, frequency, method, and personnel used in the removal of litter; the existence and sponsorship of litter reduction and prevention programs and campaigns; and the incidence of litter law enforcement and prosecution in this State. The commission also shall evaluate ongoing public and private programs and campaigns addressing these litter issues including the value, effectiveness, and duplication of these programs and campaigns. This data must be utilized in developing the Strategic State Plan for Litter, as provided for in Section 48-54-30, and as a baseline for measuring the effectiveness of programs and campaigns undertaken pursuant to this plan.
HISTORY: 2015 Act No. 8 (H.3035), Section 2, eff April 2, 2015.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 54 - Take Palmetto Pride In Where You Live › Section 48-54-40. Biennial review and evaluation of strategic plan; report.

(A) Biennially, the commission shall review and evaluate its Strategic State Plan for Litter to identify areas of progress and improvement in attaining the overall goal of reducing litter in this State and barriers to achieving this goal. Accordingly, the commission shall revise the plan to incorporate its findings.
(B) The commission biennially, following its review and evaluation of its Strategic State Plan for Litter, shall submit a report in writing to the General Assembly before November sixteenth in even numbered years, beginning in 2016. The report must include, but is not limited to, the extent programs and campaigns for litter removal, reduction and prevention, and litter law enforcement have made progress in reaching the overall goal of litter reduction in this State; the extent the commission has been successful in facilitating the coordination and cooperation among state agencies, local governments, and private profit and nonprofit organizations in the development and implementation of programs and campaigns undertaken pursuant to the Strategic State Plan for Litter; whether the incidence of litter violations have decreased and whether the enforcement of litter laws and prosecutions have increased; measurements of the effectiveness of litter removal, reduction and prevention, and litter law enforcement programs and campaigns; new programs implemented; and recommendations for legislative changes needed to assist the commission in achieving the overall goal of litter reduction and in carrying out its duties and responsibilities under this chapter.
HISTORY: 2015 Act No. 8 (H.3035), Section 2, eff April 2, 2015.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 55 - South Carolina Environmental Awareness Award › Section 48-55-10. Selection committee; chairman and secretary; expenses.

(A) The South Carolina Environmental Awareness Award must be presented annually by a committee of two members appointed from each of the following:
(1) South Carolina Department of Health and Environmental Control by its commissioner;
(2) State Commission of Forestry by its chairman;
(3) South Carolina Sea Grant Consortium by its executive director;
(4) Water Resources Division of the Department of Natural Resources by the department's director;
(5) Wildlife and Freshwater Fish Division of the Department of Natural Resources by the department's director;
(6) Land Resources and Conservation Districts Division of the Department of Natural Resources by the department's director; and
(7) Coastal Division of the Department of Health and Environmental Control by the department's director;
(8) Marine Resources Division of the Department of Natural Resources by the department's director.
(B) The committee shall elect from its members a chairman and a secretary. Each department or commission shall provide for the expenses of its members, except collective expenses must be shared by the departments and the commissions. Members are not eligible for mileage or per diem.
HISTORY: 1992 Act No. 401, Section 1; 1993 Act No. 181, Section 1240.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 55 - South Carolina Environmental Awareness Award › Section 48-55-20. Committee to establish procedures for meetings, nominations, and selection of recipient.

The committee shall establish procedures for:
(1) conducting and scheduling its meetings;
(2) receiving nominations for the award; and
(3) selecting the recipient of the award.
HISTORY: 1992 Act No. 401, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 55 - South Carolina Environmental Awareness Award › Section 48-55-30. Award criteria; presentation of award.

Presentation of the award and all related announcements must be made annually the first week in February. It must recognize outstanding contributions made toward the conservation of South Carolina's environment for the previous year. The recipient shall:
(1) exemplify extraordinary dedication to preserving and protecting the environment and natural resources of South Carolina through statewide efforts or efforts in his community or neighborhood;
(2) possess upstanding moral character; and
(3) meet other reasonable criteria considered appropriate by the committee.
HISTORY: 1992 Act No. 401, Section 1.
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-10. Purpose of chapter.

It is the purpose of this chapter to:
(1) create a voluntary pilot program by which the department may enter into not more than ten cooperative agreements with eligible participants to test and evaluate innovative environmental approaches to achieve superior environmental performance that are not otherwise authorized under existing South Carolina environmental law;
(2) encourage public participation and consensus among interested persons in the development of innovative environmental approaches and in monitoring the environmental performance of participants in the pilot program;
(3) determine whether innovative environmental approaches implemented through the pilot program result in environmental benefits such that changes in existing South Carolina law to allow these approaches are warranted;
(4) ensure that participants in the pilot program are of the highest caliber in environmental leadership and that innovative environmental approaches included in the cooperative agreements as well as any other environmental requirements applicable to the participants will be fully met.
HISTORY: 2002 Act No. 318, Section 1.
Editor's Note
2002 Act No. 318, Section 2, provides as follows:
"Notwithstanding any regulations of the Department of Health and Environmental Control or any provisions of law to the contrary, over-fill prevention devices are not required for the refilling of existing noncommercial propane gas tanks."
2023 South Carolina Code of Laws › Title 48 - Environmental Protection and Conservation › Chapter 56 - Innovation In Environmental Approaches › Section 48-56-40. Eligibility for participation in pilot program.

Participation in the pilot program is limited to facilities that are members or are eligible to be members of the South Carolina Environmental Excellence Program and that are issued at least one approval under South Carolina environmental law.
HISTORY: 2002 Act No. 318, Section 1.