S 665 Session 112 (1997-1998)
S 0665 General Bill, By Alexander
A BILL 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, AMONG OTHER THINGS, 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,
AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE BOND.
04/16/97 Senate Introduced and read first time SJ-6
04/16/97 Senate Referred to Committee on Judiciary SJ-6
A BILL
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, AMONG OTHER THINGS, 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,
AMONG OTHER THINGS, 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.
-----XX----- |