Additional Provisos of Interest: 2024-25 State Budget

In the below provisos of interest, the Senate took the following action in H. 5100:

35.11. DMH: 988 Call Centers. Adopted the amended House proviso to update fiscal year references regarding funds appropriated in this act for 988 call centers. Department of Mental Health (DMH) is authorized to provide grants to call centers under a current network agreement with the 988 Suicide and Crisis Lifeline in the state. Call centers qualifying for the grants shall use the funds for costs associated with answering calls, chats, or texts to the 988 hotline. DMH shall provide a report on the use of the funds to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by June 30 of the current fiscal year. Unexpended funds may be carried forward from the prior fiscal year into the current fiscal year and DMH may spend the funds for the same purposes.

42.6. HFDA: SC Housing Statewide Assessment. Adopted the House deletion of the existing proviso that provided $100,000 be used by the Housing Finance and Development Authority (HFDA) for a statewide housing needs assessment prepared by the Darla Moore School of Business.

42.7. HFDA: Collaboration. Adopted the new House proviso directing the HFDA to collaborate with Habitat for Humanity to explore funding opportunities to increase and preserve the supply of affordable and workforce housing.

54.6. RIA: Carry Forward. Adopted the new House proviso that allows South Carolina Rural Infrastructure Authority (RIA) to permit unexpended funds for “Planning and Technical Assistance” to be carried forward into the current fiscal year.

55.15. DES: Water Recreational Resources. Adopted the new House proviso that requires the Department of Natural Resources (DNR) to transfer $708,000 from the special water recreational resources fund to the Department of Environmental Services (DES) for the hydrology and aquatics nuisance species program.

55.16. DES: Hazardous Waste Fund County Account. Deleted this new House proviso, because of codification. The proviso previously directed the Treasurer to release a county’s Hazardous Waste Fund County Account upon written request of the majority of the legislative delegation that represents the economically depressed area of the county and directed the funds to be used for infrastructure in the depressed area.

55.19. DES: Grant Authority. Adopted the new House proviso that authorizes DES to make grants to nonprofits and governmental entities for environmental programs and directs DES to develop policies, procedures, and promulgate regulations.

55.22. DES: Innovative Reusable Byproduct Pilot Program. Deleted the new House proviso that would have established the Innovative Reusable Byproduct Pilot Program using funds appropriated to DES. The program was intended to determine whether innovations in manufacturing, food production, timber, and other similar industries can provide new opportunities to use byproducts that would otherwise require management as solid waste. DES would have been required to submit a program report to the General Assembly by June 30, 2025.

55.23. DES: PFAS Pilot Program. Amended the new House proviso to delete references to the “Per- and polyfluoroalkyl substances (PFAS) Fund.” The previous version of the proviso, as passed by the House, required DES to establish the PFAS Fund and PFAS Removal Pilot Program to evaluate and facilitate the implementation of emerging technologies to remove PFAS compounds from wastewater.

55.24. DES: Dam Repair Assistance Fund. Amended the new House proviso to delete reference to the “Dam Repair Assistance Fund.” The previous version of the proviso, as passed by the House, provided that, of the funds appropriated for system upgrades beginning with the FY 24-25 Appropriation Act, there is established within DES a Dam Repair Assistance Fund.

The House version outlined the interest-bearing fund should be used for cost-sharing grants to correct dam deficiencies identified by DES for high- and significant-hazard dams regulated under the Dams and Reservoir Safety Act. A grant of up to 75% of the total cost to correct the dam deficiency identified by DES may be paid from the fund. DES may also use funds to administer and manage the grant program. Fund balances shall be carried forward from each prior fiscal year into the current fiscal year and used for the same purpose. System upgrades appropriations remaining from the FY 23-24 Appropriation Act shall also be deposited into the Fund. DES shall draft policies, criteria, and guidance for the grant program by Oct. 15, 2024. This will be posted on the DES website.

55.25. DES: Erosion Control. This new proviso directs the Department of Health and Environmental Control (DHEC) and the new DES Office of Ocean and Coastal Resource Management to temporarily pause current enforcement actions that have been brought against property owners in “active beach” areas on the landward portions of the setback line to review the enforceability of such actions once new setback lines are established later this year.

73.6. ORS: S.C. Broadband Map. Adopted the deletion of the existing House proviso to remove provisions that directed the Office of Broadband Coordinator to contact appropriate entities to provide information necessary to compile the county-by-county mapping plan that shows the location and broadband facility capabilities throughout the state as required by Section 10 of Act 142 of 2020.

73.12. ORS: Rural Community Centers. This new proviso directs the Office of Regulatory Staff to provide $250,000, subject to funding, to expand the availability of broadband, free wi-fi, and telehealth services in rural community centers throughout Berkeley County to provide these services to underserved residents throughout the county. The Senate Finance Committee discussed the opportunity to use this as a model for other counties throughout the state.

92D.1. SCOR: Catastrophic Weather Event. Adopted the amended House proviso to update fiscal year references directing improvements to real or personal property used as a residence, such as a mobile home or manufactured housing unit, damaged during the catastrophic weather event in October 2015, Hurricane Matthew in 2016, or Hurricane Florence in 2018, after the event and before June 30, 2025, are not considered an improvement and may not be reassessed at a higher rate as a result of the assistance provided. This provision only applies if, as a result of the catastrophic weather event, the improvements made to the property were funded by the U.S. Department of Housing and Urban Development Block Grant Disaster Recovery program implemented by the Office of Resilience, or its predecessor the Disaster Recovery Office. This provision also applies if, at the discretion of the county and using qualifications determined by the county, the improvements were made with the assistance of a volunteer organization active in disaster recovery, or a similar volunteer organization. Also, during the current fiscal year, the property tax value of an eligible property shall remain the same unless an assessable transfer of interest occurs. No refund is allowed on account of values adjusted as provided in this provision.

99.2. RSIC: Unfunded Liability Study. This new proviso directs the Retirement System Investment Commission to undergo a study on alternative methods to reduce the state’s unfunded liability in the pension system and to report any findings to the General Assembly.

100.14. ADJ: Disasters Expenditure Status Report. Adopted the amended House proviso requiring the Emergency Management Division (EMD) of the Office of the Adjutant General to prepare a quarterly report on the status of the expenditure of the funds appropriated in the current fiscal year or in a previous fiscal year for a Federal Emergency Management Agency (FEMA) match for all open federally declared disasters. The quarterly report must include, but is not limited to, expenditure by category of work by state/local and by county and be submitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee beginning Sept. 30, 2018. The General Assembly will need to update the reporting date.

100.16. ADJ: Natural Disaster FEMA Match. Adopted the House deletion of the existing proviso authorizing the EMD to use existing fund balances to provide the non-federal cost share to state and local government entities for work associated with Hurricane Irma and Hurricane Florence that is eligible under the FEMA Public Assistance Program.

102.1. ELECT: County Boards of Voter Registration and Elections Compensation. Adopted the existing proviso that sets compensation for each County Board of Voter Registration and Elections Commissioner at a rate of $1,500 annually. Funds appropriated for this purpose will also be exempt from budget reductions.

102.2. ELECT: Elections Managers and Clerks Per Diem. Adopted the existing proviso that sets the per diem for managers and clerks of $75 for the day of work and $60 for training and paperwork. The State Election Commission may adjust the per diem of $75 for the managers and clerks of the statewide election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per diem and the cost of the statewide election.

103.6. RFAO: Revenue Forecast. Deleted the new House proviso that would have allowed the Revenue and Fiscal Affairs Office (RFA) to extend the delivery of the November revenue forecast. 

106.2. SEB: Suspend SCRS & PORS Employer Contribution Rate Increase. Adopted the House deletion of the existing proviso that suspended the increase in the employer contribution rate pursuant to Section 9-1-1085, relating to employer and employee contribution rates, and Section 9-11-225, relating to employer and employee contribution rates, for FY 23-24 and directs that the contribution rate for S.C. Retirement System (SCRS) and the Police Officers Retirement System (PORS) shall increase by 1% from the FY 22-23 rates set in Act 239 of 2022.

108.6. PEBA: State Health Plan. Amended the House version of the proviso to conform to funding. The House version of the proviso amended the existing proviso relating to employer premium increases to update the plan year reference and premium increase percentage to 11.8%.

108.10. PEBA: Covered Contraceptives. Adopted the House deletion of the existing proviso that was codified, which would direct that the State Health Plan shall not require co-pays/deductibles for contraceptives, as this provision was previously codified in the Code of Laws.

108.12. PEBA: COVID-19 Return to Work Extension. Adopted the House deletion of the existing proviso that stated the earnings limitation does not apply to retired SCRS or PORS members who return to covered employment to participate in the state’s public health preparedness and response to COVID-19. 

108.16. PEBA: PORS and SCRS Return to Work. Amended the House version of the proviso to restore the original language of the proviso that was passed in last year’s budget. For compensation earnings during the current fiscal year, the earnings limitation does not apply to a PORS member or an SCRS member if the member has not been engaged to perform services for a participating employer in the system or any other system provided in Title 9 for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee, or other classification of worker, for a period of at least 12 consecutive months subsequent to retirement. The exemption under this provision does not apply unless the member first certifies to the system that they satisfy the requirements for the exemption. If a member inaccurately certifies that they satisfy the requirements for the exemption in this provision, the member is responsible for reimbursing the system for any benefits they were wrongly paid.

117.115. GP: SCRS & PORS Trust Fund. Adopted the House amendment to the existing proviso to update fiscal year references. This proviso directs that the funds allocated to Public Employee Benefit Authority (PEBA) for the SCRS or PORS Trust Funds be credited toward contributions due from participating employers in those systems for FY 2024-25; directs that no credits shall be issued for covered employees of special purpose districts, joint authorities, non-profits, hospitals, participating associations or service organizations as defined in Section 9-1-10(11)(e), relating to retirement systems definitions, and state employees whose salaries are paid with federal funds. The proviso excludes the S.C. Ports Authority, the S.C. Public Service Authority, and the Medical University Hospital Authority from this prohibition. It directs PEBA to collaborate with the Department of Administration (DOA), Executive Budget Office, and RFA to determine the amount of credit exclusion for federally funded state employees.

117.117. GP: Opioid Abuse and Prevention Treatment Plan. Adopted the House amendment to the existing proviso to delete references to DHEC and replace these references with the Department of Public Health (DPH). The Department of Alcohol and Other Drug Abuse Services and Department of Health and Human Services (DHHS) are directed to establish a coalition of state agencies, providers, and other related entities to coordinate opioid abuse prevention and treatment services throughout the state.

117.126. GP: School Resource Officer Critical Needs. Adopted the House amendment to the existing proviso to provide that any Class 1 Law Enforcement Officer who retired under PORS on or before Dec. 31, 2023, may return to employment with a public school district as a critical needs school resource officer without affecting the monthly retirement allowance that they are receiving from PORS.

117.131. GP: Offshore Oil. Adopted the House amendment to the existing proviso to change references from DHEC to DES. The proviso prohibits funds appropriated or authorized to DES or to local government entities to be expended to approve a plan, permit, license application or other authorization for: (1) the transportation of unrefined or unprocessed oil or gas into the state’s territorial waters or onto its lands, from offshore oil and gas production platforms and related infrastructure in the Atlantic Ocean; (2) for exploration, development, or production of unrefined or unprocessed oil or gas from within the state’s territorial waters; and (3) for exploration, development, or production of unrefined or unprocessed oil or gas in the Atlantic Ocean. It also provides definitions for development, exploration, production, and territorial waters of the state.

117.142. GP: Employee Compensation. Amended this proviso to confom to funding. Under the House version of the budget, this proviso would amend the existing proviso to provide a $1,000 base pay increase for state employees making less than $66,667 and a 1.5% base pay increase for state employees making more than $66,667. The Senate plan would provide a $1,375 base pay increase for state employees making $50,000 or less and a 2.75% base pay increase for state employees making more than $50,000.

117.145. GP: Mental Health Transportation. Adopted the House deletion of the existing proviso relating to the DMH Alternative Transportation Program.

117.159. GP: Statewide Mobile Health Units. Adopted the House amendments to the existing proviso to change the fiscal year reference to “current fiscal year” and change references from DHEC to DPH. The S.C. Center for Rural and Primary Healthcare is authorized to provide coordination and assistance to mobile health units in South Carolina. The proviso outlines the actions the center may take in support of increasing access to health care and reducing health inequities in the state. It directs the center to be available to support implementation strategies and provide organization for and collaboration with mobile health units. 

117.178. GP: Polling Locations and Availability. Deleted this new House proviso. Under the House version of the budget, this proviso would direct that if a county library denies a request by the County Elections Board to use available space at the library as a polling location, then the county shall have a portion of its State Library, Aid to County Libraries funds withheld and directs the Executive Director of the State Election Commission to notify the State Library and legislative delegation of any refusal.