H*4726(Rat #0238, Act #0192 of 2012)  General Bill, By Pitts, Parks and Pinson

Similar(S 1197)
 AN ACT TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO POWERS OF PUBLIC SERVICE DISTRICT AND SPECIAL PURPOSE DISTRICT
 COMMISSIONS, INCLUDING, AMONG OTHER THINGS, THE POWER TO ASSESS THE COST OF
 THE ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE, SO AS
 TO PROVIDE THAT IF ON THE EFFECTIVE DATE OF THIS ACT A RESIDENTIAL SUBDIVISION
 HAD RECEIVED CONCEPTUAL APPROVAL FROM THE DEPARTMENT OF HEALTH AND
 ENVIRONMENTAL CONTROL FOR SEPTIC TANK USE AND SUBSEQUENTLY FIVE OR MORE LOTS
 IN THE SUBDIVISION WERE DENIED PERMITS BY THE DEPARTMENT, AN ASSESSMENT MAY BE
 LEVIED ON THE ABUTTING PARCELS IN THE SUBDIVISION FOR THE ACTUAL COSTS OF THE
 SEWER LATERAL COLLECTION LINES, TRANSMISSION LINES, AND ASSOCIATED
 INFRASTRUCTURE AND TO PROVIDE THAT A LETTER OR CERTIFICATE OF THE DEPARTMENT
 ESTABLISHES THESE CONDITIONS AUTHORIZING THE ASSESSMENT; AND TO AMEND SECTION
 6-11-100, RELATING TO POWERS AND DUTIES OF BOARDS OF COMMISSIONERS OF SPECIAL
 PURPOSE OR PUBLIC SERVICE DISTRICTS, SO AS TO PROVIDE THAT PROPERTY PURCHASED
 BY THESE BOARDS MAY BE HELD IN THE NAME OF THE COMMISSION OR THE NAME OF THE
 DISTRICT. - ratified title

   02/02/12  House  Introduced and read first time (House Journal-page 13)
   02/02/12  House  Referred to Committee on Judiciary
                     (House Journal-page 13)
   03/07/12  House  Committee report: Favorable Judiciary
                     (House Journal-page 6)
   03/20/12  House  Debate adjourned until Wed., 03-21-12
                     (House Journal-page 66)
   03/21/12  House  Read second time (House Journal-page 10)
   03/21/12  House  Roll call Yeas-81  Nays-27 (House Journal-page 11)
   03/22/12  House  Read third time and sent to Senate
                     (House Journal-page 24)
   03/27/12  Senate Introduced and read first time (Senate Journal-page 10)
   03/27/12  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 10)
   03/28/12  Senate Referred to Subcommittee: Campbell (ch), Cleary,
                     Williams, Nicholson, Gregory
   04/11/12  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 23)
   04/24/12  Senate Amended (Senate Journal-page 23)
   04/24/12  Senate Read second time (Senate Journal-page 23)
   04/24/12  Senate Roll call Ayes-37  Nays-3 (Senate Journal-page 23)
   04/25/12  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 22)
   05/01/12  House  Debate adjourned (House Journal-page 67)
   05/02/12  House  Amended (House Journal-page 51)
   05/02/12  House  Senate amendment amended (House Journal-page 51)
   05/02/12  House  Roll call Yeas-109  Nays-0 (House Journal-page 52)
   05/02/12  House  Returned to Senate with amendments
                     (House Journal-page 53)
   05/30/12  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 152)
   05/30/12  Senate Roll call Ayes-36  Nays-1 (Senate Journal-page 152)
   06/05/12         Ratified R 238
   06/07/12         Signed By Governor
   06/18/12         Effective date 06/07/12
   06/18/12         Act No. 192

(A192, R238, H4726)

AN ACT TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF PUBLIC SERVICE DISTRICT AND SPECIAL PURPOSE DISTRICT COMMISSIONS, INCLUDING, AMONG OTHER THINGS, THE POWER TO ASSESS THE COST OF THE ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE, SO AS TO PROVIDE THAT IF ON THE EFFECTIVE DATE OF THIS ACT A RESIDENTIAL SUBDIVISION HAD RECEIVED CONCEPTUAL APPROVAL FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR SEPTIC TANK USE AND SUBSEQUENTLY FIVE OR MORE LOTS IN THE SUBDIVISION WERE DENIED PERMITS BY THE DEPARTMENT, AN ASSESSMENT MAY BE LEVIED ON THE ABUTTING PARCELS IN THE SUBDIVISION FOR THE ACTUAL COSTS OF THE SEWER LATERAL COLLECTION LINES, TRANSMISSION LINES, AND ASSOCIATED INFRASTRUCTURE AND TO PROVIDE THAT A LETTER OR CERTIFICATE OF THE DEPARTMENT ESTABLISHES THESE CONDITIONS AUTHORIZING THE ASSESSMENT; AND TO AMEND SECTION 6-11-100, RELATING TO POWERS AND DUTIES OF BOARDS OF COMMISSIONERS OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, SO AS TO PROVIDE THAT PROPERTY PURCHASED BY THESE BOARDS MAY BE HELD IN THE NAME OF THE COMMISSION OR THE NAME OF THE DISTRICT.

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

Authority to assess cost of sewer lateral collection lines in residential subdivisions

SECTION    1.    Section 6-11-1230 of the 1976 Code, is amended by adding a second undesignated paragraph following item (4) to read:

"If, on the effective date of this paragraph, the area to be served is a residential subdivision that received    conceptual approval under Regulation 61-57 for septic tank use and has five or more lots later denied permits for a septic tank system for which the Department of Health and Environmental Control has developed standards, an assessment may be levied on the abutting parcels in the subdivision for the actual costs of sewer lateral collection lines in the subdivision and for transmission lines and associated infrastructure, including, but not limited to, trunk lines, force mains, pump stations, and lift stations, to be constructed to connect the sewer lateral collection lines to other infrastructure of the district. The satisfaction of the preconditions to this subsection may be conclusively established by a letter or certificate of the department."

Property purchased by boards of commissioners

SECTION    2.    Section 6-11-100 of the 1976 Code is amended to read:

"Section 6-11-100.    The boards of commissioners of these districts must be bodies politic and shall exercise and enjoy all the rights and privileges of such. They may purchase and build or contract for building electric light, water supply, fire protection, and sewerage systems, and may lease, own, hold, and acquire all necessary equipment and property for that purpose. They may operate it and may contract with existing light and water companies and municipalities for light, water, and fire protection, or contract and connect with existing sewerage systems of municipalities or other districts. They may supply and furnish lights and water and provide for fire protection and sewerage disposal to citizens of these districts and may require an exact payment of rates, tolls, rentals, and charges they may establish for the use of lights, water, fire protection, and the sewerage plant. Property purchased by the boards of commissioners may be held in either the name of the commission or the name of the district."

Time effective

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

Ratified the 5th day of June, 2012.

Approved the 7th day of June, 2012.