Legislation
The SC Forestry Association monitors bills of interest to the membership which are pending in the SC General Assembly, US Congress, and federal and state regulatory agencies. Up-to-the-minute information and the full text of all bills are available at www.scstatehouse.net.
Here’s a summary of legislative issues that the South Carolina Forestry Association (SCFA) is advocating for in the 2012 Legislative Session.
SC Prescribed Fire Act
S.501 introduced by Senator Ronnie Cromer and H.3631 introduced by Rep. Jim Harrison are companion bills that aim to reduce liability for a landowner or forester conducting a prescribed fire according to state law for damages, injury, or loss caused by smoke from the prescribed fire.
H. 3631 has already passed the House of Representatives and the Senate Fish Game and Forestry Committee.
S. 501 has been reported favorably out of the Senate Fish Game and Forestry Committee.
The bills remain on the Senate’s contested calendar due to the objection of Senator Gerald Malloy (D-Chesterfield, Darlington, Lee & Marlboro Cos.). Neither bill can be debated until it is moved to the Senate’s uncontested calendar or to a Special Order status.
Isolated Wetlands
The South Carolina Supreme Court issued a ruling in the League of Women Voters of Georgetown v. Smith Land Company in July 2011. The Court declared that state law requires:
1) protection of isolated wetlands
2) the Pollution Control Act to provide for a private right of action
Now, because of the SC Supreme Court’s decision:
1) you’re required to obtain a permit from DHEC before filling an isolated wetland
2) environmental groups can file legal actions to enforce the Pollution Control Act delaying projects while the case is pending in the court system
SC Forestry Commission Funding
The Property and Firefighter Protection Bill: H. 4082 was introduced April 13, 2011 by Representatives Ted Vick, Tracy Edge, and Davey Hiott. The bill will direct a portion of future growth in insurance premium taxes that now go into the General Fund to the Commission to protect property, firefighters, and the forest resource. It is estimated the bill would generate over $8 million returning total Commission funding close to the FY 2007 – 2008 level.
Support Forestry Commission’s 2012-2013 Budget Request: SCFC needs to add $2.5 million to the current $9.8 M base budget to prevent additional reductions to staffing. In addition, the SC Forestry Association strongly supports the Commission’s request for additional firefighting equipment.
Clemson University’s Public Service Activities Funding
The South Carolina Forestry Association will support Clemson’s funding request for PSA including county extension offices and research.
Department of Agriculture -- Agribusiness Economic Development Project Manager
Commissioner of Agriculture Hugh E. Weathers requested and received funding for an agribusiness economic development project manager for 2011. On October 12, 2011 the South Carolina Department of Agriculture and the SC Department of Commerce signed a MOU regarding hiring an agribusiness economic development project manager. The position is responsible for recruiting agriculture and forestry related businesses to our state.
The General Assembly only provided one-time funding.
Have a question about legislation being monitored by SCFA?
Contact SCFA President Cam Crawford at ccrawford@scforestry.org or 803/798-4170.
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2011 Concurrent Resolution Celebrating SC Tree Farm
H.3776 to celebrate Sixty-five years of Tree Farming in the Palmetto State and Salute the South Carolina Tree Farm Program. Was adopted by the General Assembly March 2, 2011.
Resolution
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Right To Practice Forestry
(H3651, R.109, A48) was signed into law by the Governor on June 2, 2009. The bill limits authority of counties and cities to restrict or regulate certain forestry practices, and provides terms and conditions of certain permitted regulations. As long as the landowner practices forestry, no permit is required to harvest timber. However, when the forest changes to non-forest use, there is a one year waiting period (if final harvest is conducted in accordance with local tree ordinance) and up to five years (if not) before the area can be developed.
Right To Practice Forestry