Water and Environment

Surface and groundwater withdrawal legislation and regulations remain a significant issue for agribusiness.  Despite the recent creation of the SC Department of Environmental Services (SCDES), significant issues continue to exist relative to SC AgriBusiness’ use of both groundwater and surface water.  For example, immediately upon the formation of SCDES on July 1, 2024, litigation was filed against SCDES relative to South Carolina’s “safe yield” policy alleging that SCDES is improperly applying the rule.  PABC continues to support water legislation and regulations based upon a Statewide Assessment of Water Resources, and the use of sound science to make withdrawal decisions.

Given flood issues that occur periodically within our state, such as Tropical Storm Debby and Hurricane Helene in 2024, landowners continue to be challenged relating to the need to repair or upgrade dams and reservoirs on their properties due to potential risks.  These actions can be quite costly and are often driven by new landowners near the properties that were not there when dams or reservoirs were initially constructed.  PABC supports much needed financial assistance, through direct payments, tax credits or grants, for these landowners who have to expend funds to repair these land improvements.  Additionally, PABC supports repairs being required on only high hazard dams and/or reservoirs.

B. Section 49-1-16 of the S.C. Code is amended to read:

Section 49-1-16. The Department of Health and Environmental ControlServices may charge a fee to an applicant for a permit for any construction, alteration, dredging, filling, or other activity in navigable waters of the State. If the project is commercial or industrial and is in support of operations that charge for the production, distribution, or sale of goods or services, a fee of five hundred dollars must be charged, except if the aerial crossing of navigable waters by conductors or other wires supported solely by structures outside the navigable waters the fee shall be one hundred dollars. If the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise the fee must be fifty dollars. The department shall remit the fees to the State Treasurer and shall be issued a credit for any portion of the fees necessary to offset its costs in processing, investigating and taking final action on each permit application. Any remaining portion shall be credited to the general fund of the State.

SC agribusinesses in both the agriculture and forestry sectors remain concerned relative to enforcement of air regulations and any potential future legislation and/or regulations regarding air emissions.  PABC opposes regulations and legislation which are overly burdensome on agribusinesses.

The debate as to changes in the climate impacted by all businesses including agribusiness has increased dramatically during the past several years.  Agribusiness groups have been generally supportive of legislation that does not place an inappropriate burden on agribusiness.  PABC supports efforts that do not create operational burdens for agribusiness.