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A313, R374, H4404
STATUS INFORMATION
General Bill
Sponsors: Labor, Commerce and Industry Committee
Document Path: l:\council\bills\dka\3538dw06.doc
Introduced in the House on January 11, 2006
Introduced in the Senate on January 31, 2006
Last Amended on May 18, 2006
Passed by the General Assembly on May 30, 2006
Governor's Action: June 1, 2006, Signed
Summary: Electric and natural gas service
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/11/2006 House Introduced, read first time, placed on calendar without
reference HJ-10
1/17/2006 House Requests for debate-Rep(s). GM Smith, Coates, Duncan,
Lucas, JE Smith, J Brown, Jennings, Ott, Scott, JH
Neal, Vick, McLeod, Cato, Sandifer, Moody-Lawrence,
Stewart, Jefferson, and Hosey HJ-14
1/17/2006 House Read second time HJ-32
1/17/2006 House Roll call Yeas-76 Nays-17 HJ-34
1/18/2006 House Read third time and sent to Senate HJ-188
1/18/2006 House Roll call Yeas-82 Nays-25 HJ-190
1/18/2006 House Motion noted- Rep. J.E. Smith moved to reconsider the
vote whereby H 4404 was given a third reading HJ-196
1/19/2006 House Debate adjourned on motion to reconsider until Tuesday,
January 24, 2006 HJ-19
1/24/2006 House Reconsider vote whereby read third time and sent to
Senate HJ-20
1/24/2006 House Recommitted to Committee on Labor, Commerce and Industry
HJ-21
1/25/2006 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-11
1/26/2006 House Amended HJ-18
1/26/2006 House Read third time and sent to Senate HJ-22
1/31/2006 Senate Introduced and read first time SJ-13
1/31/2006 Senate Referred to Committee on Judiciary SJ-13
2/2/2006 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
5/17/2006 Senate Committee report: Favorable with amendment Judiciary
SJ-10
5/18/2006 Senate Amended SJ-55
5/18/2006 Senate Read second time SJ-55
5/19/2006 Scrivener's error corrected
5/23/2006 Senate Read third time and returned to House with amendments
SJ-8
5/30/2006 House Concurred in Senate amendment and enrolled HJ-37
5/31/2006 Ratified R 374
6/1/2006 Signed By Governor
6/6/2006 Copies available
6/6/2006 Effective date 06/01/06
6/8/2006 Act No. 313
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/11/2006
1/11/2006-A
1/25/2006
5/17/2006
5/18/2006
5/19/2006
(A313, R374, H4404)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO REQUIRE MUNICIPALITIES FURNISHING ELECTRICITY OR NATURAL GAS TO THEIR CITIZENS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 11, TITLE 6 SO AS TO REQUIRE SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 49, TITLE 33 SO AS TO REQUIRE ELECTRIC COOPERATIVES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 11 TO CHAPTER 5, TITLE 58 SO AS TO REQUIRE NATURAL GAS UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 21 TO CHAPTER 27, TITLE 58 SO AS TO REQUIRE ELECTRICAL UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO REQUIRE THE PUBLIC SERVICE AUTHORITY TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS.
Be it enacted by the General Assembly of the State of South Carolina:
Termination of electric and natural gas service due to nonpayment; municipality establish written procedures
SECTION 1. Chapter 31, Title 5 of the 1976 Code is amended by adding:
Section 5-31-2510. For purposes of this article:
(1) 'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) 'Special needs account customer' means the account of a residential customer where the customer can furnish to the municipality furnishing electricity or natural gas to its citizens a certificate on a form provided by the municipality and signed by a licensed health care provider that states that termination of electric or gas service would be dangerous to the health of the customer or a member of his household at the premises to which electric or natural gas service is rendered.
Section 5-31-2520. (A) Each municipality furnishing electricity or natural gas to its citizens must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each municipality must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the municipality, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
Section 5-31-2530. Each municipality furnishing electricity or natural gas to its citizens must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric or natural gas service is scheduled for termination.
Section 5-31-2540. Notwithstanding another provision of this article, a municipality furnishing electricity or natural gas to its citizens may disconnect a customer when it is determined that a public safety emergency exists.
Section 5-31-2550. This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."
Termination of electric and natural gas service due to nonpayment; special purpose or public service district establish written procedures
SECTION 2. Chapter 11, Title 6 of the 1976 Code is amended by adding:
Section 6-11-2510. For purposes of this article:
(1) 'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) 'Special needs account customer' means the account of a residential customer where the customer can furnish to the special purpose or public service district furnishing electricity or natural gas to residents of this State a certificate on a form provided by the special purpose or public service district and signed by a licensed health care provider that states that termination of electric or gas service would be dangerous to the health of the customer or a member of his household at the premises to which electric or natural gas service is rendered.
Section 6-11-2520. (A) Each special purpose or public service district furnishing electricity or natural gas to residents of this State must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each special purpose or public service district must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the special purpose or public service district, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
Section 6-11-2530. Each special purpose or public service district furnishing electricity or natural gas to residents of this State must consider establishing and maintaining a third-party notification program to allow a residential customer of a special purpose or public service district to designate a third party to be notified if the electric or natural gas service is scheduled for termination.
Section 6-11-2540. Notwithstanding another provision of this article, a special purpose or public service district furnishing electricity or natural gas to residents of this State may disconnect a customer when it is determined that a public safety emergency exists.
Section 6-11-2550. This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."
Termination of electric service due to nonpayment; electric cooperative establish written procedures
SECTION 3. Chapter 49, Title 33 of the 1976 Code is amended by adding:
Section 33-49-1410. For purposes of this article:
(1) 'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) 'Special needs account member' means the account of a residential member where the member can furnish to the electric cooperative a certificate on a form provided by the electric cooperative and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the member or a person residing in the member's household at the premises to which electric service is rendered.
Section 33-49-1420. (A) Each electric cooperative must establish written procedures for termination of service due to nonpayment for a special needs account member at any time and for all residential members during weather conditions marked by extremely cold or hot temperatures. Each electric cooperative must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the member is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential member, who has a satisfactory payment history as determined by the electric cooperative, to pay by installments where the member is unable to pay the full amount due for electric service;
(3) a procedure to advise members who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
Section 33-49-1430. Each electric cooperative must consider establishing and maintaining a third-party notification program to allow a residential member to designate a third party to be notified if the electric service is scheduled for termination.
Section 33-49-1440. Notwithstanding another provision of this article, an electric cooperative may disconnect a member when it is determined that a public safety emergency exists.
Section 33-49-1450. This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."
Termination of natural gas service due to nonpayment; public utility establish written procedures
SECTION 4. Chapter 5, Title 58 of the 1976 Code is amended by adding:
Section 58-5-1110. For purposes of this article:
(1) 'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) 'Special needs account customer' means the account of a residential customer where the customer can furnish to the utility a certificate on a form provided by the utility and signed by a licensed health care provider that states that termination of natural gas service would be dangerous to the health of the customer or a member of his household at the premises to which natural gas service is rendered.
Section 58-5-1120. (A) Each public utility furnishing natural gas to residential customers must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each public utility furnishing natural gas to residential customers must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the public utility, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
Section 58-5-1130. Each public utility furnishing natural gas must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the natural gas service is scheduled for termination.
Section 58-5-1140. Notwithstanding another provision of this article, a public utility furnishing natural gas may disconnect a customer when it is determined that a public safety emergency exists.
Section 58-5-1150. Nothing in the article prohibits the commission from promulgating detailed regulations governing termination of service by a public utility furnishing natural gas so long as the regulations include the termination and third-party notification protections provided by this article.
Section 58-5-1160. This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."
Termination of electric service due to nonpayment; electric utility establish written procedures
SECTION 5. Chapter 27, Title 58 of the 1976 Code is amended by adding:
Section 58-27-2510. For purposes of this article:
(1) 'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) 'Special needs account customer' means the account of a residential customer where the customer can furnish to the utility a certificate on a form provided by the utility and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the customer or a member of his household at the premises to which electric service is rendered.
Section 58-27-2520. (A) Each electrical utility must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each electrical utility must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the public utility, to pay by installments where the customer is unable to pay the full amount due for electric service; (3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
Section 58-27-2530. An electrical utility must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric service is scheduled for termination.
Section 58-27-2540. Notwithstanding another provision of this article, an electrical utility may disconnect a customer when it is determined that a public safety emergency exists.
Section 58-27-2550. Nothing in the article prohibits the commission from promulgating detailed regulations governing termination of service by an electrical utility so long as the regulations include the termination and third-party notification protections provided by this article.
Section 58-27-2560. This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."
Termination of electric service due to nonpayment; Public Service Authority establish written procedures
SECTION 6. Chapter 31, Title 58 of the 1976 Code is amended by adding:
Section 58-31-510. For purposes of this article:
(1) 'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) 'Special needs account customer' means the account of a residential customer where the customer can furnish to the Public Service Authority a certificate on a form provided by the Public Service Authority and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the customer or a member of his household at the premises to which electric service is rendered.
Section 58-31-520. (A) The Public Service Authority must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. The Public Service Authority must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the Public Service Authority, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
Section 58-31-530. The Public Service Authority must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric service is scheduled for termination.
Section 58-31-540. Notwithstanding another provision of this article, the Public Service Authority may disconnect a customer when it is determined that a public safety emergency exists.
Section 58-31-550. This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."
Severability clause
SECTION 7. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Ratified the 31st day of May, 2006.
Approved the 1st day of June, 2006.
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