H 4211(Rat #0268)  General Bill, By Cooper, C.D. Chamblee, P.B. Harris, Stille and 
Townsend
 A Bill to amend Act 745 of 1967, as amended, relating to the boundaries of
 Western Carolina Regional Sewer Authority, so as to add a new area to the
 territory of the Authority and provide that taxes on rates of persons living
 in the area before the expansion may not be increased because of expansion of
 the territory.-amended title

   05/19/93  House  Introduced, read first time, placed on calendar
                     without reference HJ-64
   05/27/93  House  Read second time HJ-144
   05/27/93  House  Unanimous consent for third reading on next
                     legislative day HJ-145
   05/28/93  House  Read third time and sent to Senate HJ-3
   06/01/93  Senate Introduced, read first time, placed on calendar
                     without reference SJ-57
   06/02/93  Senate Amended SJ-69
   06/02/93  Senate Read second time SJ-69
   06/02/93  Senate Ordered to third reading with notice of
                     amendments SJ-69
   06/03/93  Senate Amended SJ-42
   06/03/93  Senate Read third time and returned to House with
                     amendments SJ-42
   06/03/93  House  Concurred in Senate amendment and enrolled HJ-71
   06/10/93         Ratified R 268
   06/16/93         Vetoed by Governor
   06/25/93  House  Veto sustained Yeas-011 HJ-32

AN ACT TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE TERRITORY OF THE AUTHORITY AND PROVIDE THAT TAXES ON RATES OF PERSONS LIVING IN THE AREA BEFORE THE EXPANSION MAY NOT BE INCREASED BECAUSE OF THE EXPANSION OF THE TERRITORY.

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

Findings

SECTION 1. Western Carolina Regional Sewer Authority (the Authority) is a special purpose district created pursuant to Act 745 of 1967 and by prior Act 362 of 1925. The authority services areas of Greenville County, Laurens County, and Anderson County through the provision of wastewater trunk line and wastewater treatment services to various municipalities, certain sewer subdistricts, and other political subdivisions and is charged with planning responsibilities in portions of Spartanburg and Pickens Counties under Section 201 of the Federal Clean Water Act. Sewer collection line service is provided by the foregoing local agencies within the authority's service area. The General Assembly finds that there exists the need to expand the boundaries of the authority's service area so that it may provide the services to an area of Anderson County described in Section 2 of this act. Because the services provided by the authority are (1) matters of regional, rather than local significance; (2) are related to natural drainage basins; (3) are concerned with regional environmental and health protecting efforts irrespective of and unconfined to county political boundaries; and (4) because the authority's service area is located in more than one county, the General Assembly further finds it is authorized to enact legislation relating to the authority including expanding the boundaries of the authority's service area. This legislation is consistent with the holding of the Supreme Court of South Carolina in the case of Kleckley v. Pulliam, 265 S.C. 177, 217 S.E. 2d 217 (1975), and is not violative of Article XIII, Section 7 of the South Carolina Constitution.

Area of district

SECTION 2. Act 745 of 1967, as last amended by Act 270 of 1987, is further amended by adding additional territory to the authority as follows:

"Section 2.3. The authority also includes the following area: Beginning at a point 500 feet northwest of the center line of State Highway 81 at the intersection of Wren School Road, (this being a point on the present boundary of the authority); thence running along a line parallel to and 500 feet northwest of the center line of State Highway 81 to and across the intersection of State Highway 88; thence continuing in a southerly direction along a line parallel to and 500 feet west of State Highway 81 to the intersection of State Highway 8; thence continuing in a parallel line 500 feet southwest of State Highway 8 across the intersection of Interstate Highway 85 and on past the intersection with U.S. Highway 29 to the intersection of Looper Road (County); thence running along a line parallel to and 500 feet southeast of the center line of Looper Road (County) to the intersection of State Road S4-550; thence due east 2650 feet, more or less, to the Saluda River and to the point where the line intersects with the authority boundary; thence in a north and westerly direction with the current boundary to the point of beginning."

Rates or taxes may not be increased

SECTION 3. Act 745 of 1967, as last amended by Act 270 of 1987, is further amended by adding:

"Section 2.4. Expansion of the boundaries of the Western Carolina Regional Sewer Authority as provided in Section 2.3 of this act, does not allow the authority to increase rates of those ratepayers or taxes of those property owners living in the area of the authority before the expansion of the authority as provided in Section 2.3, which results from construction of a treatment plant or plants or expansion of lines by reason of the expansion of the boundaries of the authority unless the area before the expansion is being substantially serviced by the expansion or construction of sewer services within the expanded boundaries. If a treatment or line expansion meets the criteria in this section, any increase in rates or taxes may reflect only the proportion of services actually received in the preexisting areas before the expansion."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

In the Senate House _________________________________.

_______________________________________

President of the Senate

_______________________________________

Speaker of the House of Representatives

Approved the _______ day of __________________, 1993.

_______________________________________

Governor

Printer's Date -- June 11, 1993 -- S.