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Current Status Bill Number:View additional legislative information at the LPITS web site.3932 Ratification Number:92 Act Number:47 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010411 Primary Sponsor:Law All Sponsors:Law, Hinson, Merrill and Dantzler Drafted Document Number:l:\council\bills\pt\1393dw01.doc Companion Bill Number:602 Date Bill Passed both Bodies:20010515 Date of Last Amendment:20010426 Governor's Action:S Date of Governor's Action:20010529 Subject:Public utilities, not electrical, may contract with industrial user for service; Public Service Commission, Businesses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010611 Act No. A47 ------ 20010529 Signed by Governor ------ 20010523 Ratified R92 Senate 20010515 Read third time, enrolled for ratification Senate 20010514 Read second time, notice of general amendments Senate 20010509 Committee report: Favorable 11 SJ Senate 20010501 Introduced, read first time, 11 SJ referred to Committee House 20010427 Read third time, sent to Senate House 20010426 Amended, read second time, unanimous consent for third reading on Friday, 20010427 House 20010425 Committee report: Favorable with 26 HLCI amendment ------ 20010424 Companion Bill No. 602 House 20010411 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on April 26, 2001 - Word format Revised on May 9, 2001 - Word format
(A47, R92, H3932)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES PROVIDED FOR IN CHAPTERS 5 AND 7 OF TITLE 58, EXCEPT FOR THE PROVISION OF GAS SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN A PRIVATELY OWNED INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Certain utility services exempt from regulation
SECTION 1. The 1976 Code is amended by adding:
"Section 58-3-240. (A) As used in this section:
(1) 'privately owned industrial park' means a privately owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;
(2) 'industrial premises' means a building, structure, plant, or facility which is located in a privately owned industrial park and is owned or leased by an industrial user;
(3) 'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;
(4) 'provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates that offer or provide, or both, utility services to the public or any portion of it outside a privately owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately owned industrial park; and
(5) 'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.
(B) The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.
(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B)."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 23rd day of May, 2001.
Approved the 29th day of May, 2001.
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