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Davis making the best of disappointing new law

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Published Saturday, July 11, 2009 in The Island Packet  |  703 Words  |  opinion

Supporters of the Jasper Ocean Terminal should applaud Sen. Tom Davis' diligence in pushing this project forward.
The pragmatic Davis is making lemonade out of a recently passed lemon of a ports bill. He has been appointed to a 10-member legislative oversight committee created by the new law, which also took away the governor's ability to remove people from the S.C. Ports Authority board.
The new law greatly weakens the governor's hand in port decisions, which isn't good news for Jasper port proponents. Gov. Mark Sanford -- largely through the work of Davis, his former chief of staff -- got the Jasper port idea moving after two decades of going nowhere. It certainly wasn't getting a push from the Ports Authority board.
Davis sharply criticized the ports bill during the legislative session. But when it became obvious it was moving ahead, he successfully drafted amendments that made it more palatable for Jasper port supporters. The law requires the Ports Authority to "expeditiously" develop a port in Jasper County; enter into an agreement with Georgia to operate the port by Dec. 31, 2010; and explore using private capital to build the port.
"Now that it has become law, it is time to move on and do the best we can for South Carolina ports," Davis said.
Also tucked away in the law is a requirement that the Ports Authority sell property it owns in Port Royal by the end of this year. If it isn't sold by then, the property will be transferred to the state Budget and Control Board, which will seek a buyer.
That could be good news for Port Royal officials, who have watched the property languish and watched potential tax revenue from private redevelopment slip away. It's been five years since the South Carolina General Assembly ordered the authority to sell the 316-acre port by the end of 2006.
South Carolina lawmakers also are beginning to grasp the import and the potential impact of a proposal to dredge the Savannah River to a depth of 48 feet. Deepening the river would allow the next generation of cargo ships to reach the port on the Georgia side of the river.
South Carolina's Savannah River Maritime Commission wants to hire a consultant to evaluate an environmental study of the project, expected to be finished at the end of the year. The commission watches out for South Carolina's interests in the shared Savannah River.
Some fear the dredging project will threaten the Upper Floridan aquifer, a primary source of drinking water in the region. Georgia Ports Authority officials are adamant that their studies show the aquifer will be safe from the dredging. Others aren't so sure and worry about the risk. Opponents also fear the deepening will draw saltwater farther up the river, threatening the federal Savannah Wildlife Refuge and fresh water intake points for the Beaufort-Jasper Water and Sewer Authority.
But this is about more than just protecting drinking water sources. South Carolina officials who want to see a deepwater port built in Jasper County know their position is strengthened if a deeper channel to handle the megaships expected to come through a bigger Panama Canal does not reach the Savannah port. Georgia officials know they need the deeper channel to attract those same ships.
Last week, S.C. Sen. Hugh Leatherman, R-Florence, suggested South Carolina protect the proposed Jasper port by working to ensure the dredging project fails, according to a story in the Charleston Regional Business Journal.
The commission's more cautious approach -- waiting until the environmental study is completed to weigh in on the project -- will better serve South Carolina's negotiations with Georgia.
But this can get complicated. A key point in the original two-state agreement to develop a Jasper port was South Carolina's cooperation on the Savannah River dredging project. Sanford described it as the "carrot" in getting Georgia's cooperation on the Jasper port.
But Leatherman is right. Georgia's motivations to complete a deepwater port on the South Carolina side of the river are greatly diminished if the big ships can make it up the river to the Savannah port.