Current Status Introducing Body:Senate Bill Number:128 Primary Sponsor:Rose Committee Number:15 Type of Legislation:GB Subject:Utility removal and relocation Residing Body:Senate Current Committee:Transportation Computer Document Number:CYY/15038SD.93 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
128 Senate 19930112 Introduced, read first time, 15
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 5 OF TITLE 57 SO AS TO PROVIDE FOR THE REGISTRATION AND REMOVAL OF UTILITY SERVICES LOCATED ON DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RIGHTS-OF-WAY AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 57 of the 1976 Code is amended by adding:
Section 57-5-1500. As used in this article, a `utility company' means a public or private company which provides cable television, sewer, waterworks, power, gas, light, telephone, telegraph, or other commonly recognized services designated by the department.
Section 57-5-1520. Utility companies operating in this State must register certain information required by the department on standardized forms. The forms must be provided by the department. The information must include the:
(1) full name, telephone number, and mailing address of the utility company;
(2) identity of all counties in which any service is provided by the utility company;
(3) identity and location of all property owned by the utility company existing on a highway right-of-way owned by the department;
(4) name, address, and telephone number of the utility company official who is responsible for maintaining the accuracy of the utility company registration information required under this section; and
(5) name, address, and telephone number of the utility company official who is responsible for carrying out the duties and responsibilities of working with the department to remove or relocate utility company property located on or near state highway rights-of-way.
Section 57-5-1540. The department shall provide written notice to each utility company by certified mail before the department has finalized plans and at least thirty days before the department enters into a highway construction contract to improve a road on which property owned by the utility company is located. This notice must identify the general location of and provide the department's current plans for a pending highway construction project and inform the utility company of any utility company property the department wants the utility company to remove or relocate which is located within a highway right-of-way.
Section 57-5-1560. A utility company shall submit a plan for the timely removal or relocation of its property to the department within thirty days after receiving notice from the department of the highway construction. The department may in writing authorize a reasonable extension of time for submitting the plan, not to exceed ninety days, if a written request is presented by the utility company before the expiration of the thirty-day period. The plan must include the estimated time required to remove or relocate the utility company's property and a plat or other information required by the department to allow the department to ascertain the exact physical location of the utility company's property. The department shall review the proposal of the utility company and either accept or reject the plan with an order from the department.
If the department accepts the plan, the department shall issue an order requiring the utility company to comply with the plan.
If the department rejects the plan, the department shall schedule with reasonable notice a meeting with the utility company to review the objections. If a utility company fails to attend the scheduled meeting without advance notice and reasonable cause, or a plan is not agreed upon at the conclusion of the meeting or within a reasonable time thereafter as specified by the department, the department shall issue an order requiring the utility company to remove or relocate its property within a reasonable time period as determined by the department, and the utility company shall comply with the order.
Section 57-5-1570. Failure of a utility company to remove or relocate its property from a highway right-of-way as required by an order issued by the department subjects the utility company to a civil penalty of two hundred dollars to be paid to the department for each violation. Each day each mile or portion of a mile is not moved is a separate violation. In addition, the utility company is liable for all actual damages caused by any delay or other violation.
Section 57-5-1590. All information provided to the department by a utility, as required by this article, is confidential and is exempt from the Freedom of Information Act, Section 30-4-10 et seq."
SECTION 2. If a provision of this act or the application of it is held invalid, the invalidity does not affect the provisions or application of this act which can be given effect without the invalid provision or application, and the provisions of this act are declared to be severable.
SECTION 3. This act takes effect upon approval by the Governor.