H*2639 Session 107 (1987-1988)
H*2639(Rat #0222, Act #0156 of 1987) General Bill, By R.L. Helmly, Bailey,
H. Brown, C.M. Dangerfield, F.L. Day, D.N. Holt, D.E. Martin, Washington and
D. Williams
A Bill to amend Section 58-31-30, as amended, Code of Laws of South Carolina,
1976, relating to powers of the Public Service Authority, so as to provide for
additional powers; and to amend Section 58-31-80, relating to purposes and
obligations of the Authority, so as to provide additional purposes.-amended
title
03/11/87 House Introduced and read first time HJ-957
03/11/87 House Referred to Committee on Education and Public
Works HJ-958
04/08/87 House Committee report: Favorable with amendment
Education and Public Works HJ-1659
04/15/87 House Debate adjourned until Thursday, April 23, 1987 HJ-1887
04/21/87 House Reconsider vote whereby debate adjourned until
4/23/87 HJ-2041
04/21/87 House Objection by Rep. J. Bradley, Foxworth & Cork HJ-2045
04/23/87 House Objection by Rep. Lewis HJ-2153
04/29/87 House Objection withdrawn by Rep. J. Bradley, Cork &
Foxwort HJ-2240
04/29/87 House Objection by Rep. R. Brown & Blanding HJ-2240
04/29/87 House Objection withdrawn by Rep. R. Brown HJ-2242
04/29/87 House Debate adjourned HJ-2265
04/29/87 House Objection withdrawn by Rep. Blanding HJ-2265
04/30/87 House Amended HJ-2392
04/30/87 House Read second time HJ-2392
04/30/87 House Unanimous consent for third reading on next
legislative day HJ-2392
05/01/87 House Read third time and sent to Senate HJ-2398
05/05/87 Senate Introduced, read first time, placed on calendar
without reference SJ-1665
05/06/87 Senate Read second time SJ-1710
05/06/87 Senate Ordered to third reading with notice of
amendments SJ-1710
05/27/87 Senate Amended SJ-12395
05/27/87 Senate Read third time
05/27/87 Senate Returned SJ-2395
05/28/87 House Concurred in Senate amendment and enrolled HJ-3300
05/28/87 House Reconsider vote whereby concurred & enrolled HJ-3300
05/28/87 House Concurred in Senate amendment and enrolled HJ-3318
06/04/87 Ratified R 222
06/10/87 Signed By Governor
06/10/87 Effective date 06/10/87
06/10/87 Act No. 156
06/18/87 Copies available
(A156, R222, H2639)
AN ACT TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR
ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO PURPOSES AND
OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE ADDITIONAL PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
Powers of the Public Service Authority
SECTION 1. Section 58-31-30 of the 1976 Code is amended by adding after item
(21):
"(22) To acquire or purchase, if requested to do so, or to construct,
operate, and maintain all structures and facilities, necessary, useful, or
customarily used and employed in the treatment and distribution of water for
industrial, commercial, domestic, or agricultural purposes within the counties
of Berkeley, Charleston, Clarendon, Dorchester, and Orangeburg. The provisions
of this section do not apply to the acquisition or purchase of existing electric
systems.
(23) To acquire, treat, transmit, distribute, and sell water at wholesale
within the counties of Berkeley, Charleston, Clarendon, Dorchester, and
Orangeburg, if requested in writing to do so by the governing body of any
incorporated municipality, by the governing body of any special purpose district
providing water service in the unincorporated areas of each county, or by the
governing body of each county for those unincorporated areas not so provided
water service by a special purpose district. The authority may not transfer
water from one river basin to another. However, the authority shall prepare and
maintain its books and records for its water supply operations separate and apart
from its books and records for the generation, transmission, and distribution of
electric power. The costs of water supply operations, including the loss of the
generation of hydroelectric power, may not affect rates and charges for electric
service. Water must be offered for sale by the authority on a nondiscriminatory
basis without regard to whether electricity is also purchased from the
authority."
Additional powers of the Authority
SECTION 2. The first paragraph of Section 58-31-30 of the 1976 Code is amended
to read:
"The Public Service Authority has power to develop the Cooper River, the
Santee River, and the Congaree River in this State, as instrumentalities of
intrastate, interstate, and foreign commerce and navigation; to produce,
distribute, and sell electric power; to acquire, treat, distribute, and sell
water at wholesale; to reclaim and drain swampy and flooded lands; and to
reforest the watersheds of rivers in this State; and also has all powers which
may be necessary or convenient for the exercise of these powers, including
without limiting the generality of the foregoing, the following powers:".
Purposes and obligations of the Authority
SECTION 3. Section 58-31-80 of the 1976 Code is amended to read:
"Section 58-31-80. The Public Service Authority is created primarily for
the purpose of developing the Cooper River, the Santee River, the Congaree River,
and their tributaries upstream to the confluence of the Broad and Saluda Rivers
and upstream on the Wateree River to a point at or near Camden and other similar
projects as instrumentalities of intrastate, interstate, and foreign commerce and
navigation; of reclaiming wastelands by the elimination or control of flood
waters, reforesting the watersheds of the rivers and improving public health
conditions in those areas. It is found that the project authorized by this
chapter is for the aid of intrastate, interstate, and foreign commerce and
navigation, and that the aid and improvement of intrastate, interstate, and
foreign commerce and navigation, the development, sale, and distribution of
hydroelectric power, and the treatment, sale, and distribution of water at
wholesale are in all respects for the benefit of all the people of the State, for
the improvement of their health and welfare and material prosperity, and are
public purposes, and being a corporation owned completely by the people of the
State, the Public Service Authority is required to pay no taxes or assessments
upon any of the property acquired by it for this project or upon its activities
in the operation and maintenance of the project, except as provided in this
section. The securities and other obligations issued by the Public Service
Authority, their transfer and the income from them at all times are free from
taxation. However, unless otherwise provided in any contract with an agency of
the United States Government as assists in financing the projects contemplated
in this section or any other agency from which the funds may be secured, all
electrical energy developed by the authority must be sold at rates in the
determination of which the taxes which the project would pay if privately owned,
to the extent provided in this section, as well as other rate-making factors
properly entering into the manufacture and distribution of the energy must be
considered. After payment of necessary operating expenses and all annual debt
requirements on bonds, notes, or other obligations at any time outstanding and
the discharge of all annual obligations arising under finance agreements with the
United States or any agency or corporation of the United States and indentures
or other instruments under which bonds have been, or may be issued, the authority
shall pay annually to the various counties of the State a sum of money equivalent
to the amount paid for taxes on properties at the time of their acquisition by
the authority, acquired, or to be acquired, in the counties, and the authority
shall pay to all municipalities and school districts in the counties in which the
authority has acquired, or may acquire properties, a sum of money equivalent to
the amount paid for taxes to the school districts and municipalities on the
properties at the time of their acquisition by the authority; and no other taxes
may be considered in the fixing of the rates of the authority. From the funds
to be paid under this section the counties, school districts, and municipalities
annually shall apply a sum sufficient for the debt requirements for bonds and
other obligations of the counties, school districts, and municipalities for which
the properties were taxed at the time of their acquisition by the authority, with
the remainder of the funds to be expended in accordance with law."
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |