South Carolina General Assembly
114th Session, 2001-2002

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Bill 4786

Indicates Matter Stricken
Indicates New Matter

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


COMMITTEE REPORT

May 1, 2002

    H. 4786

Introduced by Reps. Meacham-Richardson and Cato

S. Printed 5/1/02--S.

Read the first time April 9, 2002.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 4786) to amend the Code of Laws of South Carolina, 1976, by adding Section 58-33-115 so as to provide that no person shall give, sell, lease, etc., respectfully

REPORT:

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

    Amend the bill, as and if amended, page 1, beginning on line 27, as contained in SECTION 1, by striking lines 27 - 28 in their entirety and inserting therein the following:

    /    SECTION    1.    Section 58-33-130 of the 1976 Code is amended by adding a new subsection to read:    /.

    Renumber sections to conform.

    Amend title to conform.

LARRY A. MARTIN 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 IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Public Service Commission indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".

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

SECTION    1.    Section 58-33-130(3) of the 1976 Code is amended by adding a new subsection (3) to read:

    "(3)    Upon receipt of an application to transfer a certificate for a major utility facility known as a 'merchant plant' pursuant to Section 58-33-110(2), the commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate. For purposes of this subsection, a 'merchant plant' means a major utility facility, as defined in Article 3, Chapter 33, Title 58, not constructed by a utility currently serving retail customers in South Carolina and that does not have at least seventy-five percent of its generation capacity under a contract with a duration of at least ten years with utilities which provide retail electric service to customers in South Carolina."

SECTION    2.    This act takes effect upon approval by the Governor.

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