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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 5, 2008
H. 3309
Introduced by Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor
S. Printed 6/5/08--S.
Read the first time April 25, 2007.
TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 27, Title 58 of the 1976 Code is amended by adding:
"Section 58-27-415(A) The State shall not pay, nor shall any person, including a municipality or utility, impose, pay, or collect a franchise fee with respect to electrical power provided to the State by a utility under the 'Stateline Accounts.' The 'Stateline Accounts' referenced in this section are those state electrical power accounts that arose from the 1925 agreement validated, ratified, and approved in Act 440 of 1925 (34 Stats. 852).
(B) The utility shall exclude all gross sales revenue accrued from the Stateline Accounts when calculating any franchise fee owed to a municipality and shall therefore not include those Stateline Account gross sales revenues in the payment of the franchise fee to the municipality. The 'Stateline Accounts' referenced in this section are those state electrical power accounts that arose from the 1925 agreement validated, ratified, and approved in Act 440 of 1925 (34 Stats. 852)."
SECTION 2. Section 58-27-415(A) takes effect upon approval by the Governor. Section 58-27-415(B) takes effect January 1, 2009.
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