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H 3473

Land Disturbing Exemptions from Stormwater Management and Sediment Reduction Act

2025-2026 Regular Session Introduced by Ryan McCabe and 1 co-sponsor

South Carolina portion: Agricultural land-disturbing activity exemptions include structures housing livestock or equipment, but large agricultural buildings requiring permits must

Scrivener's error corrected
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Bill Summary · H 3473

Summary — H 3473

Status: Scrivener’s error corrected (02/05/2025)
Introduced: 01/14/2025 (prefiled 12/05/2024)
Hearing scheduled: 10/09/2025, 1:00–5:00 PM (A-2)
Sponsor: Rep. Michael S. Day (31st Middlesex); Member added as sponsor: Pedalino
Related bill: HD 3352 (replaces)

Important note about source materials
- The provided materials appear to combine text from two different measures in two jurisdictions: (A) a Massachusetts bill labeled “An Act relative to the Energy Facilities Siting Board” (amending M.G.L. c.164, §69H), and (B) repeated South Carolina statutory amendment language (amending S.C. Code §48-14-40) addressing agricultural exemptions from stormwater/sediment-control requirements. This summary highlights both texts and flags the jurisdictional/textual conflict so the reader can verify the intended bill.

Purpose (two distinct objectives in the packet)

  1. South Carolina text (title-aligned): Clarify/modify exemptions to stormwater management and sediment reduction law for agricultural land and agricultural structures; specifically to include agricultural structures used to house livestock, poultry, crops, materials or equipment, and to require stormwater/sediment plans for larger agricultural buildings.
  2. Massachusetts text: Amend the statute creating the Energy Facilities Siting Board (EFSB) to revise the board’s mandate and to require solicitation/consideration of testimony from the Department of Fish and Game and the Department of Public Health when relevant concerns are raised.

Key provisions — South Carolina version (stormwater/sediment exemptions)

  • Amends S.C. Code §48-14-40(A) (land-disturbing activity exemptions for agricultural uses).
  • Explicitly includes “agricultural structures used to house livestock, poultry, crops, or other agricultural products, materials, or equipment” within activities described on agricultural land.
  • Carves out that construction of “other types of agricultural structures of one or more acres” (examples: broiler houses, machine sheds, repair shops, other major buildings) that require a building permit are NOT exempt — such structures must submit and obtain approval of a stormwater management and sediment control plan prior to commencing land-disturbing activity.
  • Effective upon gubernatorial approval.

Key provisions — Massachusetts version (EFSB)

  • Amends M.G.L. c.164, §69H: rewords the first paragraph establishing the Energy Facilities Siting Board.
  • Directs the board to implement §§69H–69Q to provide reliable energy supply with minimum environmental and public health impact and minimal effect on abutting residents, at lowest possible cost after considering those impacts.
  • Limits board review to environmental impacts of generating facilities (market forces determine need/cost of generating facilities), but requires the board to solicit and consider testimony from the Department of Fish and Game when environmental stewardship concerns are raised and from the Department of Public Health when public health concerns are raised.
  • Clarifies which statutory review procedures apply (§69J¼ for generating facilities; §69J for other facilities).

Who is affected

  • South Carolina version: farmers, agricultural developers, builders of agricultural structures, local permitting authorities, and regulators enforcing stormwater and sediment control on construction ≥1 acre that triggers a building permit.
  • Massachusetts version: Energy Facilities Siting Board proceedings, project applicants for transmission, pipelines, storage, generation facilities, Departments of Fish and Game and Public Health (as consulted parties), and residents near proposed projects.

Procedural status and next steps

  • Mixed procedural entries appear in the record (referrals to both Telecommunications, Utilities and Energy and to Agriculture, Natural Resources and Environmental Affairs). A hearing is scheduled for 10/09/2025.
  • Because the packet mixes language from two jurisdictions and different subject matters, confirm with the bill sponsor or legislative clerk which text and jurisdiction correspond to H 3473 before relying on the summary for advocacy, compliance, or implementation planning.

If you want, I can:
- Draft a clean one‑page summary for either the South Carolina stormwater amendment or the Massachusetts EFSB amendment separately.
- Prepare suggested questions to send to the sponsor/committee to clarify the intended text and jurisdiction.

Compiled from official sources — confirm details with the bill’s official record.

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