South Carolina General Assembly
110th Session, 1993-1994

Bill 3321


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3321
Primary Sponsor:                Corning
Committee Number:               25
Type of Legislation:            GB
Subject:                        Municipal utilities
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       CYY/15012DW.93
Introduced Date:                19930202    
Last History Body:              House
Last History Date:              19930202    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Corning
                                     Gonzales
                                     Byrd
                                     Shissias
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3321  House   19930202      Introduced, read first time,    25
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES AND UTILITIES OF REGIONAL TRANSPORTATION AUTHORITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, AND PROVIDE EXCEPTIONS, AND 58-5-210, RELATING TO THE SUPERVISION AND REGULATION OF RATES AND SERVICE BY THE COMMISSION, SO AS TO PROVIDE FOR INSTANCES OF REGULATION AND NONREGULATION BY THE COMMISSION FOR CERTAIN PUBLIC UTILITIES OWNED OR OPERATED BY OR ON BEHALF OF A MUNICIPALITY FURNISHING OR SUPPLYING WATER, SEWERAGE COLLECTION, OR SEWERAGE DISPOSAL BOTH INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY, AND PROVIDE EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 58-5-30 of the 1976 Code is amended to read:

"Section 58-5-30. (A) Nothing contained in Articles 1, and 3, and 5 of this chapter shall give gives the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any a municipality or regional transportation authority (as defined in Chapter 25 of this Title) or their agencies, except as provided in subsection (B).

(B) If a public utility owned or operated by or on behalf of a municipality or an agency of a municipality furnishes or supplies water, sewerage collection, or sewerage disposal outside the corporate limits of the municipality at the same rates it charges for those services furnished or supplied inside the municipality's corporate limits, the public utility is not subject to regulation by the commission. However, if the public utility charges more for those services furnished or supplied outside the corporate limits of the municipality than it charges for the same services as furnished or supplied inside the municipality's corporate limits, the public utility is subject to regulation by the commission, including the commission's procedures for rate approval, with respect to the difference in the two sets of rates. The provisions of this subsection do not apply to a commission of public works as provided in Article 3, Chapter 31, Title 5, or a special purpose district as defined in Section 6-11-1610."

SECTION 2. Section 58-5-210 of the 1976 Code is amended by adding:

"The provisions of this section do not apply to or include a public utility owned or operated by or on behalf of a municipality or an agency of a municipality which furnishes or supplies water, sewerage collection, or sewerage disposal outside the corporate limits of the municipality at the same rates it charges for those services furnished or supplied inside the municipality's corporate limits. The provisions of this subsection do not apply to a commission of public works as provided in Article 3, Chapter 31, Title 5, or a special purpose district as defined in Section 6-11-1610. However, the provisions of this section apply to and include the described public utility where it charges more for those services furnished or supplied outside the corporate limits of the municipality than it charges for the same services as furnished or supplied inside the municipality's corporate limits, but only to the extent of the difference in the two sets of rates."

SECTION 3. This act takes effect upon approval by the Governor.

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