South Carolina General Assembly
114th Session, 2001-2002

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Bill 3932


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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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