Current Status Introducing Body:
HouseBill Number: 3335Primary Sponsor: KirshCommittee Number: 27Type of Legislation: GBSubject: Public water supplyResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal AffairsDate Tabled: 19930413Computer Document Number: 436/12892AC.93Introduced Date: 19930202Last History Body: HouseLast History Date: 19930413Last History Type: Tabled in CommitteeScope of Legislation: StatewideAll Sponsors: KirshType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3335 House 19930413 Tabled in Committee 27 3335 House 19930202 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-110 SO AS TO ALLOW A PUBLIC WATER SUPPLY TO RECOVER THE COST OF USER FEES FROM ITS CUSTOMERS WITHOUT BEING SUBJECT TO APPROVAL BY THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 44-55-90, RELATING TO PENALTIES AND INJUNCTIVE RELIEF UNDER THE STATE SAFE DRINKING WATER ACT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSESS A PENALTY FOR LATE OR NONPAYMENT OF FEES ASSESSED FOR COLLECTING SAMPLES AND CONDUCTING ANALYSES; AND TO AMEND SECTION 44-55-100, RELATING TO POWERS OF THE DEPARTMENT TO CARRY OUT THE SAFE DRINKING WATER ACT, SO AS TO AUTHORIZE USER FEES FROM PUBLIC WATER SUPPLIES BASED ON SERVICE CONNECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-55-110. A public water supply required to pay a user fee under Section 44-55-100 may recover the cost of the fee from its customers and increase its rate to cover the cost of the fee without the increased rate being subject to Section 58-5-240."
SECTION 2. Section 44-55-90 of the 1976 Code is amended by adding:
"(d) The department may assess a public water supply a penalty for late or nonpayment of the fee required in Section 44-55-100. A penalty of up to fifty percent of the unpaid amount may be assessed for any payment which is not paid within thirty days of the due date. The department, after conducting a hearing, may revoke the operating permit for a public water supply which fails to pay the required fee."
SECTION 3. Section 44-55-100 of the 1976 Code is amended to read:
"Section 44-55-100. (A) To carry out the provisions and purposes of this article, the department is authorized and empowered to:
(a)(1) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it deems considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
(b)(2) receive financial and technical assistance from the federal government and other public or private agencies;
(c)(3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the Federal Safe Drinking Water Act;
(d) Establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
(4) establish the Safe Drinking Water Act Trust Fund and collect a user fee as provided for in this section from each public water supply to be deposited in the fund. The department shall use the fund to defray the costs of fulfilling federally mandated monitoring requirements through collecting samples and conducting laboratory analyses and for implementing the other requirements and provisions of the Federal Safe Drinking Water Act. All interest earned by the fund shall accrue to the fund;
(5) establish an advisory committee to assist the department in providing information and advice regarding implementation of the Safe Drinking Water Act. The commissioner shall appoint six members to the advisory committee who represent small, medium, and large size water supplies. Members of the committee shall serve two-year terms.
(B) Each public water supply shall pay the department a user fee of not more than fifty cents a month for each service connection based upon the number of service connections in use on July first of the state fiscal year in which the user fee is to be paid except that:
(1) a water supply which serves less than fifteen service connections shall pay a user fee of one hundred dollars annually;
(2) a water supply which serves fifteen or more service connections shall pay a user fee of not less than five hundred dollars annually;
(3) no user fee may be more than one hundred fifty thousand dollars annually.
(C) Each fiscal year the department shall notify each public water supply of the amount of the charge for each service connection to be used in determining the fee and the total amount of the fee due to the department. Each public water supply shall remit payments on a quarterly basis no later than thirty days following the end of each quarter. Each public water supply shall pay the full amount of the fee no later than thirty days following the end of the fiscal year.
(D) Each public water supply shall determine the number of service connections by adding the number of residential units and residential equivalent units. `Residential unit' means a single family residence or an individual apartment, condominium, townhouse, or similar unit. `Residential equivalent units' means, for industrial, commercial, master-metered, or other service connections which are not residential units, the number of units obtained either by dividing the previous year's average monthly water usage in gallons by nine thousand gallons or by dividing the sum of the number of employees and other users by three, whichever is less. Each public water supply shall provide the number of residential units and residential equivalent units to the department upon request."
SECTION 4. This act takes effect upon approval by the Governor.