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South CarolinaS 0893126th General Assembly (2025-2026)Senate

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 44-2-20, 44-2-40, 44-2-60, 44-2-130, AND 44-2-150, ALL RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CHANGE CERTAIN DEFINITIONS, TO INCREASE THE FUNDS AVAILABLE FOR REHABILITATION OF CONTAMINATED SITES, TO REVISE AN ANNUAL RENEWAL FEE SCHEDULE, TO CHANGE THE COMPOSITION OF THE SUPERB ADVISORY COMMITTEE, AND FOR OTHER PURPOSES.

Sponsored By: Daniel B. "Danny" Verdin III (Republican)

Signed by Governor

Summary

SUPERB Law

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 3 costs, 1 mixed.

Stricter rules to access cleanup money

The department will not pay from the cleanup or claims funds unless all past and current tank fees and penalties are paid. To apply for cleanup money, you must file a written form saying cleanup is needed, tanks are properly registered, and all fees are paid. The certification must be signed by you and a South Carolina licensed geologist or engineer with supporting data. Sites are ineligible if the tank was not in substantial compliance when the leak was found and reported (releases reported before July 1, 1994 keep eligibility). You must keep cleanup records and let the department review them. The department gives written reasons if it denies payment.

New oversight committee for tank cleanups

The law creates a 15‑member advisory committee to oversee the tank cleanup program. Members include the public, environmental groups, industry, banks, insurers, state and local agencies, and a tank owner. The committee reviews fund management, cleanup priorities and goals, funding and insurance options, ways to cut time and cost, lending for affected sites, and an appeals process. It meets regularly, gets staff help from the department, and files reports each year. These changes take effect May 18, 2026.

Higher tank registration fees and penalties

Underground tank owners must register each tank and post the certificate at the site. You pay an initial fee, then yearly renewal fees of $200 per tank starting July 1, 2029, $250 on July 1, 2034, and $300 on July 1, 2039. The department sends a 30-day late notice with no penalty. A 10% penalty applies at 60 days, and another 10% at 90 days with enforcement after that. Initial fees for tanks installed on or after July 1, 1997 may be prorated by day.

New half-cent fuel fee for cleanups

The law adds a $0.005 per-gallon environmental impact fee on fuel. This is on top of the existing $0.0025 inspection fee. The money supports state funds that clean up leaking underground tanks.

How state cleanup funds pay claims

The law runs two state funds: one pays cleanup and one pays third‑party injury and property damage (no punitive damages). For each leak, combined payments are capped at $2,000,000, and owners owe the first $25,000 for leaks reported on or after July 1, 1993. The department reserves expected cleanup costs before paying third‑party claims. Only medically documented injury costs count; pain and suffering is excluded. The claims fund pays only after a South Carolina court approves a judgment, settlement, ADR result, or consent order, and the owner gave registered‑mail notice within 60 days and defended in good faith. The department may intervene and recover its costs without reducing coverage; fund size or administration details are not admissible at trial. Cleanup commitments with no invoices after four months revert, and regular transfers keep the claims fund between $500,000 and $1,000,000, with year‑end excess moved back to cleanup.

Sponsors & Cosponsors

Sponsor

  • Daniel B. "Danny" Verdin III

    Republican • Senate

Cosponsors

  • Jeff Zell

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 153 • No: 1

House vote • 5/5/2026

(SUPERB Law)Passage of Bill

Yes: 110 • No: 0

Senate vote • 4/1/2026

(SUPERB Law)2nd Reading

Yes: 43 • No: 1

Actions Timeline

  1. Effective date 05/18/26

    6/5/2026legislature

  2. Act No. 180

    6/2/2026legislature

  3. Signed By Governor

    5/18/2026Governor

  4. Ratified R 160

    5/14/2026legislature

  5. Read third time and enrolled

    5/6/2026House

  6. Roll call Yeas-110 Nays-0

    5/5/2026House

  7. Read second time

    5/5/2026House

  8. Committee report: Favorable Ways and Means

    4/30/2026House

  9. Referred to Committee on Ways and Means

    4/2/2026House

  10. Introduced and read first time

    4/2/2026House

  11. Read third time and sent to House

    4/2/2026Senate

  12. Unanimous consent for third reading on next legislative day

    4/1/2026Senate

  13. Roll call Ayes-43 Nays-1

    4/1/2026Senate

  14. Read second time

    4/1/2026Senate

  15. Committee Amendment Adopted

    3/25/2026Senate

  16. Committee report: Favorable with amendment Medical Affairs

    3/19/2026Senate

  17. Referred to Committee on Medical Affairs

    2/4/2026Senate

  18. Introduced and read first time

    2/4/2026Senate

Bill Text

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