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COMMITTEE REPORT
March 24, 1999
S. 56
S. Printed 3/24/99--S.
Read the first time January 12, 1999.
To whom was referred a Bill (S. 56), to amend Section 58-5-710, Code of Laws of South Carolina, 1976, relating to the Public Service Commission's regulation of water and sewer utilities', etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 35, in Section 58-5-710, as contained in SECTION 1, by striking lines 35 and 36 in their entirety and inserting therein the following:
/ "Section 58-5-710. The Public Service Commission shall have the right to require any person or corporation, as defined in Section /.
Amend the bill further, as and if amended, page 2, beginning on line 9, in Section 58-5-710, as contained in SECTION 1, by striking lines 9 and 10 in their entirety and inserting therein the following:
/ not exceeding less than one hundred dollars per day but not more than one thousand dollars per day. Each day such
the /.
Amend title to conform.
JOHN R. RUSSELL, for Committee.
TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-5-710 of the 1976 Code is amended to read:
"Section 58-5-710. The Public Service Commission shall have the right to require any person or corporation, as defined in Section 58-5-10, operating a water or sewer utility system for which prior consent or approval by the commission is required, to appear before the commission on proper notice and show cause why such that utility should not be required to take such steps as may be are necessary to provide adequate and proper service to its customers;. and should the If the commission upon hearing determine determines that such the service is not being provided it may shall issue an order requiring the utility to take such steps as may be are necessary to the provision of such the service within a reasonable time as shall be prescribed by the commission. Upon failure of the utility to provide such the service within the time prescribed without cause or excuse, as shall be determined by the commission, the commission may shall impose a penalty or fine against the utility to in an amount determined by the commission not exceeding one hundred to exceed five thousand dollars per day and not less than one thousand dollars per day. Each day such the failure or noncompliance shall continue continues shall be considered a separate and distinct breach or violation of such the order. Any fine or penalty so imposed or assessed by the commission, shall upon proper filing in the appropriate county office or offices, be and constitute constitutes a lien upon the properties and assets of the utility in like manner and form as any other judgment at law. Any such fine or penalty so imposed by the commission shall go into the general funds fund of the State, unless otherwise provided by law."
SECTION 2. Section 58-5-720 of the 1976 Code is amended to read:
"Section 58-5-720. The commission shall hereafter, prior to before the granting of authority or consent to any water or sewer utility regulated by the commission, for the construction, operation, maintenance, acquisition, expansion, or improvement of any facility or system, prescribe as a condition to such the consent or approval that the utility shall file with the commission a bond with sufficient surety, as shall be approved by the commission, in an amount not less than ten one hundred thousand dollars and not more than fifty three hundred fifty thousand dollars payable to the commission and conditioned upon the provision by the utility of adequate and sufficient service within its service area or deliver to the commission certificates of deposit, with such endorsement endorsements as required by the commission, of federal or state chartered banks or savings and loan associations who maintain an office in this State and whose accounts are insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. Such The certificates of deposit shall not exceed the amount covered by insurance. The commission shall have has the right, upon notice and hearing, to declare all or any part of the bond or certificate of deposit forfeited upon a determination by the commission that the utility shall have willfully failed to provide such service without just cause or excuse and that such this failure has continued for an unreasonable length of time. A further condition of such the bond or certificate of deposit shall be the provision for payment to the commission of any fine or penalty imposed or assessed by the commission against the utility under the provisions of Section 58-5-710."
SECTION 3. This act takes effect upon approval by the Governor.
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