UF State Policy Director Michael Coleman (left) joins landowners Tonya Winbush (center) and Mike Echols (right) at the State House to support the Conservation Tax Credit bill (H. 3409)

Greetings!

Over the past several weeks, I’ve been reminded just how important it is for constituents to engage with their elected officials. What happens during the legislative session often depends on whether constituents show up and make their voices heard on the issues impacting their communities. 

This month, constituent influence was on full display as landowners took advantage of opportunities at the Statehouse to help elevate conservation priorities and support increased land protection in South Carolina. In many cases, they also helped legislators better understand how deeply their constituents value protecting the state’s unique natural resources.

UF conservation easement holders testify for H. 3409

Landowner Tonya Winbush gives convincing testimony in support of land protection

Landowner Mike Echols makes a strong case for incentivizing permanent land protection in SC

The House Ways and Means Sales, Use, and Income Tax Subcommittee held a hearing on the Conservation Tax Credit bill H. 3409, which would update the state’s conservation easement credit per acre from $250 to $1000 and the annual cap from $52,500 to $105,000.

Subcommittee members heard passionate testimony from Tonya Winbush and Mike Echols, two landowners who hold conservation easements with Upstate Forever. Winbush and Echols spoke in support of the legislation and highlighted its role in incentivizing permanent land protection in South Carolina. The bill was unanimously passed out of subcommittee and will now head to the full House Ways and Means Committee, although it is unlikely to receive further attention this session.

South Carolina Land Trust Network: Land Legacy Leaders Day

UF staff & partners gather on the State House steps for a day full of conservation advocacy

UF's Michael Coleman & Scott Park chat with landowner Alice Smith & Senator Rex Rice

Upstate Forever was proud to join fellow land trust partners from the South Carolina Land Trust Network at the State House for Land Legacy Leaders Day. During this day of land conservation advocacy, the Network recognized landowners for their role in preserving our state’s natural heritage through voluntary land protection. We were honored to be joined by Mike and Robin Echols and Alice Smith, who have protected their land through conservation easements with Upstate Forever.

Landowners had the opportunity to connect directly with their House members and Senators to encourage their continued support for conservation. Before wrapping up the day, we gathered to present the Network’s inaugural Palmetto Conservation Leadership Award to Governor Henry McMaster for his leadership in conservation, including increasing protected land during his historic tenure as South Carolina’s longest-serving Governor.

UF staff, landowners, & partners with Governor McMaster on Land Legacy Leaders Day

Governor McMaster receives the inaugural Palmetto Conservation Leadership Award

What's happening at the State House:

Sine die, the day that the legislature adjourns for this year, is only two weeks away on May 14. After that point, only legislation that is identified in the Sine Die Resolution can receive attention. Here are the bills we're watching:

H. 5484: Energy Affordability Act

• Introduced by Representative Jermaine Johnson, this bill would establish consumer safeguards and water use reporting guidelines for data centers, expand energy efficiency programs, and require written notification to landowners for energy infrastructure projects that may involve eminent domain. It also directs electric utilities to explore offering low-income rates. Referred to the House Labor, Commerce, and Industry Committee.

S. 1123: Property Rights Protection Act

• Introduced by Senator Shane Martin, this bill would require property owners to receive written notice at least 60 days prior to the filing of a permit application for energy infrastructure projects that may result in the use of eminent domain. The bill makes it unlawful for a “condemnor” to knowingly make false or deceptive statements to a property owner and sets a civil penalty of at least $5,000 for violations. This bill is identical to H. 5445, which was introduced in the House by Representative Patrick Haddon. Referred to Senate Judiciary Committee.

S. 888: Voluntary Conservation Easements

• Introduced by Senators Campsen and Ott, this Senate resolution was adopted and recognizes the importance of voluntary conservation easements and honors the National Assembly of Sportsmen’s Caucuses.

H. 3021: Small Business Regulatory Freedom Act

• The Senate Judiciary Subcommittee passed an amendment that removed provisions initiating a 25% reduction in regulations across all state government agencies and instead strengthened the existing process for agency review of regulations. 

S. 1132: Trails Month in South Carolina

• The Senate passed this resolution recognizing June as Trails Month in SC. It encourages residents to take advantage of SC's abundant trails and enjoy the health, educational, and social benefits trails promote. The House has also adopted the resolution and returned it to the Senate with concurrence.

Senate Budget

The Senate passed its version of the budget, maintaining strong support for the South Carolina Conservation Bank, including:

• $22 million for land conservation
• $5 million for the Working Agricultural Lands Preservation Fund
• $20 million for State Resource Agency Strategic land acquisition (SC Forestry Commission)
• $25 million for State Resource Agency Strategic land acquisition (SC Department of Natural Resources) 

The budget also includes several provisos — temporary, one-year guidelines for how agencies implement funding — three of which specifically address data center development and would:

• Prohibit the Coordinating Council for Economic Development within the Department of Commerce from giving economic incentives to recruit, locate, expand, or construct data centers.
• Require a data center with a peak demand of 50 MW or greater using 3 million gallons or more per month to report the monthly volume of water used during the previous year and anticipated water use to the Department of Environmental Services.
• Require the Department of Revenue to provide a report of the sales tax exemptions claimed by data centers. The report will include the total amount of the exemption claimed, the number of entities, the names of each entity, and the amount of exemption claimed by each entity.

The budget will now head back to the House where it will be amended in what's unofficially known as the "H.2" phase, before it heads to a conference committee, where a smaller group of lawmakers (three Senators and three House members) will reconcile the final version of the budget. We’ll take a closer look at the budget in our May legislative recap. 

S. 867: Data Center Development Act

• The Senate Agriculture and Natural Resources Committee held a hearing on this bill, and it was passed out with favorable reports. It will now head to the Senate floor, where a robust debate is expected on data center development in South Carolina.

H. 5069: SC Protected Lands and Conservation Coordination Act

• The Senate Agriculture and Natural Resources Committee held a hearing on this bill, and it was passed out with favorable reports. It is headed to the Senate floor.

Note: The bill tracker will be updated regularly throughout the session as new legislation is filed and existing bills advance.

Other news:

• Spartanburg data center wants 400 MW energy production increase. Read more here.
• Anderson County Council approves “fee-in-lieu-of-tax” agreement with Duke Energy for proposed gas plant. Read more here. 

We’ll keep you informed about key developments and opportunities to engage on the bills we’re tracking this session. You can find your legislator or contact them directly about issues that matter to you here. Until next time, please feel free to forward our monthly updates to family, friends, and colleagues who may want to sign up and receive them, too!