2001-2002 Bill 702: Municipal Utilities; Water, Sewer Service Outside Corporate Limits;

BIL:702

TYP:General Bill GB

INB:Senate

IND:20010522

PSP:Hutto

SPO:Hutto

DDN:l:\council\bills\dka\4506dw01.doc

RBY:Senate

COM:Judiciary Committee 11 SJ

SUB:Municipal utilities; water, sewer service outside corporate limits; hearing held before fees set; Political Subdivisions

HST:

BodyDateAction DescriptionComLeg Involved

______

Senate20020514Recommitted to Committee11 SJ

Senate20020220Committee report: Favorable11 SJ

Senate20010522Introduced, read first time,11 SJ

referred to Committee

Versions of This Bill

Revised on 20020220

TXT:

COMMITTEE REPORT

February 20, 2002

S.702

Introduced by Senator Hutto

S. Printed 2/20/02--S.

Read the first time May 22, 2001.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.702) to amend Section 61330, Code of Laws of South Carolina, 1976, relating to the authorization of a local governing body to charge and collect a service or user fee, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

BRADLEY C. HUTTO for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment of this bill will not have a fiscal impact on the General Fund of the State nor on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Passage of this bill will not have a fiscal impact on the municipalities.

SPECIAL NOTES:

The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

Approved By:

Don Addy

Office of State Budget

[702-1]

A BILL

TO AMEND SECTION 61330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF A LOCAL GOVERNING BODY TO CHARGE AND COLLECT A SERVICE OR USER FEE AND THE PROCEDURE REQUIRED FOR IMPOSITION OF THE FEE, SO AS TO REQUIRE A PUBLIC HEARING MUST BE HELD BEFORE SETTING THE FEES OR RATES CHARGED BY A PUBLIC UTILITY OWNED OR OPERATED ON BEHALF OF A MUNICIPALITY FURNISHING WATER OR SEWER SERVICES OUTSIDE ITS CORPORATE LIMITS THAT CHARGES FEES FOR THESE SERVICES THAT ARE AT LEAST FIFTY PERCENT HIGHER TO RESIDENTIAL USERS OUTSIDE THE CORPORATE LIMITS AS COMPARED TO RESIDENTIAL USERS INSIDE THE CORPORATE LIMITS, REQUIRE THE FEES OR RATES MUST BE BASED ON A COMPREHENSIVE COST OF SERVICE STUDY CONDUCTED IN ACCORDANCE WITH METHODS RECOGNIZED BY THE AMERICAN WATER WORKS ASSOCIATION, OR AN EQUIVALENT STANDARD, REQUIRE THE STUDY MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION NOT LESS THAN FIFTEEN DAYS BEFORE THE PUBLIC HEARING, AND TO PROVIDE AN EXCEPTION.

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

SECTION1.Section 61330 of the 1976 Code, as added by Act 138 of 1997, is amended by adding at the end:

“(D)A public utility owned or operated by or on behalf of a municipality furnishing water or sewer services outside its corporate limits that charges fees for these services that are at least fifty percent higher to residential users outside the corporate limits as compared to residential users inside the corporate limits must establish its user fee and rates based on a comprehensive cost of service study conducted in accordance with methods recognized by the American Water Works Association ‘Manual MI’, or an equivalent standard. The study must be available for public inspection not less than fifteen days before the public hearing provided for in subsection (A). The provisions of this subsection do not apply to municipalities which provide water or sewer service to less than one thousand taps outside its corporate limits.”

SECTION2.This act takes effect upon approval by the Governor.

[702]1