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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-665, TO PERMIT AN OWNER, DEVELOPER, OR GOVERNING BODY OF ANY MULTI-TENANT BUSINESS OR RESIDENTIAL PROPERTY TO METER ELECTRICITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 27, Title 58 of the 1976 Code is amended by adding:
"Section 58-27-665 (A) An owner, developer, or governing body of any multi-tenant business or residential property, including but not limited to apartments, condominiums, subdivisions, office buildings, office parks, or marinas, may meter electricity provided to the particular subdivision, development, or marina by an electric utility. Written notice must be provided to the electric utility prior to installing the meters. Prior to commencement of metering electricity pursuant to this section, each owner or developer shall file with the commission and provide a copy to the ORS the following applicable documents:
(a) a certified copy of its certificate of incorporation;
(b) a copy of its bylaws;
(c) a copy of any declaration of covenants, conditions, and restrictions on real property in the subdivision, development, or marina;
(d) a copy of the letter notifying the electric utility that the owner, developer, or governing body is installing electric meters; and
(e) copies of a statement signed by each lot owner or tenant disclosing that the electricity is supplied by an electric utility but the usage rate will be metered by the owner, developer, or governing body, and that an assessment may be enacted to meet operating expenses of the meter, which will be paid by each lot owner. An assessment must not exceed more than one hundred and ten percent of the electric bill.
(B) The owner, developer, or governing body must meet safety requirements regarding electric metering imposed by federal law, South Carolina law, and the electric utility.
(C) An owner, developer, or governing body who charges an amount greater than fixed by Subsection (A) shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars or more than one hundred dollars, to be recovered in any court of competent jurisdiction. One-half of this fine will go to the informer, and the other half to the Public Service Commission. Each overcharge to a consumer pursuant to this section shall constitute a separate offense."
SECTION 2. This act takes effect upon approval by the Governor.
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