A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 4-9-43 SO AS TO AUTHORIZE COUNTIES THAT OPERATE A COUNTYWIDE WATER AND SEWER SYSTEM ON JULY 1, 2026, TO ACQUIRE MUNICIPAL WATER SYSTEMS LOCATED WITHIN THE COUNTY, TO ESTABLISH A RELATED ACQUISITION PROCESS INCLUDING PETITION, PUBLIC NOTICE, HEARING, AND ORDINANCE ENACTMENT REQUIREMENTS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 9, Title 4 of the S.C. Code is amended by adding:

 

    Section 4-9-43.  (A) Notwithstanding any other provision of law, any county in this State that operates a countywide water and sewer system on July 1, 2026, may acquire the water and sewer system owned or operated by any municipalities located within that county, including the system's assets, infrastructure, liabilities, and outstanding obligations, pursuant to the requirements of this section.

    (B)(1) To initiate such an acquisition, a petition must be presented to the governing body of the county requesting the acquisition of a specified municipal water system. The petition must be signed by at least forty percent of the qualified electors residing within the service area of the municipal water and sewer system proposed to be acquired.

       (2) The petition must:

           (a) contain the printed name and address of each signer;

           (b) include the original signature of each qualified elector;

           (c) contain, printed at the top of each page of the petition, the following:

               (i) the name of the municipal water system proposed to be dissolved and acquired by the county; and

               (ii) a statement that the petition may not become effective unless signed by at least forty percent of the qualified electors residing within the service area of the municipal water system.

    (C) Within fifteen days of the receipt of the petition, the county election commission shall:

       (1) ascertain the number of qualified electors residing within the service area of the municipal water system using the most current official voter registration list; and

       (2) determine whether each signer of the petition is a qualified elector and resides within the service area.

    (D) Within thirty days after the petition is certified as meeting the requirements of subsection (B), the county governing body must hold at least one public meeting on the proposed acquisition. Notice of the meeting must comply with the provisions of Section 30-4-80 and also must:

       (1) be published in a newspaper of general circulation in the county at least fifteen days prior to the meeting;

       (2) state the date, time, location, and purpose of the meeting; and

       (3) include a summary of the terms of the proposed acquisition and any known financial obligations that would be assumed by the county.

    (E) No later than thirty days after the public meeting required by subsection (D), the county governing body may enact an ordinance authorizing the acquisition of the municipal water system, unless it finds by resolution that:

       (1) the acquisition would create an undue financial burden on the county's water and sewer system;

       (2) the terms of acquisition would violate state or federal law; and

       (3) the petition was not validly certified.

    (F) Upon enactment of the ordinance, the county shall acquire ownership and operational control of the municipal water system. The county shall also assume the obligations of the municipal system, including debt service, contracts, and ongoing operations, subject to applicable legal and financial due diligence.

    (G) This section may not be interpreted to impair existing bond covenants or contractual obligations of the municipal water system without the consent of affected parties, as required by law.

    (H) The provisions of this section are cumulative and shall not be construed to limit other powers of counties under general or special law.

 

SECTION 2.  This act takes effect on July 1, 2026.

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