reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 25 - Regional Transportation Authority Law › Section 58-25-100. Local funds to be used to implement plan of service.

All funds that the authority has generated locally must be used to implement the current Plan of Service as provided for in Section 58-25-30, as amended by this chapter.
HISTORY: 1985 Act No. 169, Section 3, eff July 1, 1985.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-10. Definitions.

When used in this chapter:
(1) The term "commission" means the Public Service Commission of this State.
(2) The term "commissioner" means one of the members of the Public Service Commission of this State.
(3) The term "corporation" includes all bodies corporate, joint-stock companies or associations, domestic or foreign, their lessees, assignees, trustees, receivers, or other successors in interest, having any of the powers or privileges of corporations not possessed by individuals or partnerships; but it shall not include municipalities as hereinafter defined.
(4) The term "person" includes all individuals, partnerships, or associations other than corporations.
(5) The term "municipality" includes a city, town, county, township, or any other corporation existing, created, or organized as a governmental unit under the Constitution or laws of this State except a consolidated political subdivision.
(6) The term "public" means the public generally or any limited portion of the public, including a person, corporation, or municipality.
(7) The term "electrical utility" includes municipalities to the extent of their business, property, rates, transactions, and operations without the corporate limits of the municipality, persons and corporations, their lessees, assignees, trustees, receivers, or other successors in interest owning or operating in this State equipment or facilities for generating, transmitting, delivering, or furnishing electricity for street, railway, or other public uses or for the production of light, heat, or power to or for the public for compensation; but it shall not include an electric cooperative or a consolidated political subdivision and shall not include a person, corporation, or municipality furnishing electricity only to himself or itself, their residents, employees, or tenants when such current is not resold or used by others.
(8) The term "rate" means and includes every compensation, charge, toll, rental, and classification, or any of them, demanded, observed, charged, or collected by any electrical utility for any electric current or service offered by it to the public and any rules, regulations, practices, or contracts affecting any such compensation, charge, toll, rental, or classification.
(9) The term "securities" means and includes stock, stock certificates, bonds, notes, debentures, or other evidences of indebtedness and any assumption or guaranty thereof.
(10) The term "consolidated political subdivision" means a consolidated political subdivision existing pursuant to the Constitution of this State and shall not be deemed a city, town, county, or other governmental unit merged thereinto.
(11) The term "regulatory staff" means the executive director or the executive director and the employees of the Office of Regulatory Staff.
HISTORY: 1962 Code Section 24-1; 1952 Code Section 24-1; 1942 Code Section 8555-1; 1932 (37) 1497; 1935 (39) 25; 1969 (56) 740; 1972 (57) 2757; 2006 Act No. 318, Section 157, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-20. Chapter inapplicable to certain areas.

The provisions of this chapter shall not apply to the areas within former municipal corporate limits, where such municipality becomes a part of a consolidated political subdivision whenever such municipality owns and operates its own electric system and so long as such system continues to be owned and operated by the consolidated political subdivision.
HISTORY: 1962 Code Section 24-1.1; 1972 (57) 2757.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-30. Corporations subject to chapter even before commencing operations.

Corporations formed to acquire property or to transact business which would be subject to the provisions of this chapter and corporations possessing franchises, powers or privileges for any of the purposes contemplated by this chapter shall be deemed to be subject to the provisions of this chapter, although no property may have been acquired, business transacted or franchises, powers or privileges exercised.
HISTORY: 1962 Code Section 24-2; 1952 Code Section 24-2; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-40. Compliance with orders, decisions, directions, rules and regulations.

Each electrical utility and, to the extent covered by this title, each electric cooperative and consolidated political subdivision must obey and comply with all requirements of every order, decision, direction, rule, or regulation made or prescribed by the Public Service Commission or every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff pursuant to this chapter or in relation to any other matter relating to or affecting the business of the electrical utility, electric cooperative, or consolidated political subdivision and must do everything necessary or proper to comply with and observe every order, decision, direction, rule, or regulation by all of its officers, agents, and employees.
HISTORY: 1962 Code Section 24-3; 1952 Code Section 24-3; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1969 (56) 740; 1972 (57) 2757; 2006 Act No. 318, Section 158, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-50. Assessments on electric utilities to pay expenses of Commission.

All expenses and charges incurred by the commission in the administration of this chapter and in the performance of its duties thereunder shall be defrayed by assessments made by the Comptroller General against the electrical utilities regulated thereunder and based upon the gross revenues collected by such electrical utilities from their business done wholly within this State in the manner set out in Section 58-3-100 for other corporations.
The Public Service Commission must certify to the Comptroller General annually on or before May first the amounts to be assessed in the format approved by the Comptroller General.
HISTORY: 1962 Code Section 24-4; 1952 Code Section 24-4; 1942 Code Section 8555-4; 1932 (37) 1497; 1982 Act No. 331, Section 3, eff April 9, 1982; 2006 Act No. 318, Section 159, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-70. Employment of staff; suits or actions arising under chapter.

The commission may employ such technical administrative and clerical staff as it may deem necessary to carry out the provisions of this chapter and to perform the duties and exercise the powers conferred upon it by law in relation to electrical utilities. The Office of Regulatory Staff shall be the legal head of suits or actions arising under this chapter.
HISTORY: 1962 Code Section 24-6; 1952 Code Section 24-6; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 160, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-80. Annual report of Commission.

As a separate section or division of the annual report which it is now required by law to make the Commission annually shall file a report containing a full and complete account of its transactions and proceedings under this chapter for the preceding calendar year, together with such other pertinent facts, suggestions and recommendations as it may deem of value to the people of the State.
HISTORY: 1962 Code Section 24-7; 1952 Code Section 24-7; 1942 Code Section 8555-4; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-90. Effect of chapter on constitutional rights and powers of municipalities.

Nothing contained in this chapter or in Title 33, Chapter 49 shall be construed as to modify, abridge, or impair any of the rights or powers granted to cities and towns under the provisions of Article VIII, Sections 15 and 16, or any other provisions of the Constitution of this State, and every right, power, or privilege conferred upon any city or town by the Constitution of this State otherwise appearing to be modified, abridged, or impaired by any provision of this chapter is to be deemed excepted from the operation thereof, it being the intention of this chapter to control and regulate the acts of cities and towns only to an extent consistent with the Constitution of this State.
HISTORY: 1962 Code Section 24-8; 1952 Code Section 24-8; 1942 Code Section 8555-8; 1932 (37) 1497; 1934 (38) 1452; 1937 (40) 147; 2004 Act No. 179, Section 6, eff upon approval (became law without the Governor's signature on February 19, 2004).
Editor's Note
2004 Act No. 179, Section 11 provides:
"SECTION 11. . . . Section 58-27-90, . . . as amended by this act, shall apply prospectively."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-100. Effect of chapter on municipal police regulations and ordinances.

Nothing contained in this chapter or in Title 33, Chapter 49 shall be so construed as to limit or restrict the right of cities and towns to adopt and enforce reasonable police regulations and ordinances affecting electrical utilities and electric cooperatives, not inconsistent with the provisions of this chapter or the provisions of Title 33, Chapter 49, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears necessary and proper to the municipality for the security, general welfare, convenience, health, peace, order, and good government.
HISTORY: 1962 Code Section 24-9; 1952 Code Section 24-9; 1942 Code Section 8555-8; 1932 (37) 1497; 1934 (38) 1452; 1937 (40) 147; 2004 Act No. 179, Section 7, eff upon approval (became law without the Governor's signature on February 19, 2004).
Editor's Note
2004 Act No. 179, Section 11 provides:
"SECTION 11. . . . Section 58-27-100, as amended by this act, shall apply prospectively."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-110. Effect of chapter on interstate commerce.

Neither this chapter nor any provision thereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of the United States, except in so far as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress.
HISTORY: 1962 Code Section 24-10; 1952 Code Section 24-10; 1942 Code Section 8555-8; 1932 (37) 1497; 1934 (38) 1452; 1937 (40) 147.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-120. Effect of chapter on duties declared in Broad River case.

Nothing contained in this chapter, including any duty imposed, any right, power, or privilege granted, the exercise, receipt, or acceptance of any such right, privilege, or permit under the authority of this chapter nor any act done under the authority of this chapter shall be construed or given effect to abrogate, modify, or affect the duties and obligations of electrical or other public utilities as declared by the Supreme Court of South Carolina in the case of State ex rel. Daniel, Attorney General v Broad River Power Company, et al, 157 SC 1, 153 SE 537. However, if both a municipality and electrical or other public utility mutually agree, the electrical or other public utility may grant, transfer, abrogate, modify, sell, or impose upon the municipality the duty or obligation to provide a public transit system to the municipality. The terms of such a grant, transfer, abrogation, modification, sale, or imposition of the duty or obligation to provide a public transit system from an electrical or other public utility to a municipality shall take effect only upon the transfer of the public transit system from the public utility to the municipality or another governmental entity.
HISTORY: 1962 Code Section 24-11; 1952 Code Section 24-11; 1942 Code Section 8555-8; 1932 (37) 1492; 1934 (38) 1452; 1937 (40) 147; 2002 Act No. 212, Section 1, eff April 22, 2002.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-130. Condemnation powers of electric companies, State authorities and electric cooperatives.

Subject to the same duties and liabilities, all the rights, powers, and privileges conferred upon telegraph and telephone companies to acquire rights-of-way for the construction, maintenance, and operation of lines under Sections 58-9-2020 to 58-9-2030 are granted unto electric lighting and power companies incorporated under the laws of this State, or to those companies incorporated under the laws of any other state which have complied with the laws of this State regulating foreign corporations doing business in this State, and to state authorities and electric cooperatives, and the right is also granted to those companies and authorities and electric cooperatives to acquire fee simple title or an easement in land by a condemnation action, for the construction of electric generating plants, substations, switching stations, and impounding of waters to be used in conjunction with electric generating plants. No property or rights used for the generation or transmission of electricity, or devoted to public use for such purposes, shall be condemned hereunder.
HISTORY: 1962 Code Section 24-12; 1952 Code Section 24-12; 1942 Code Section 8540; 1932 Code Section 8540; Civ. C. '22 Section 5024; Civ. C. '12 Section 3326; 1904 (24) 489; 1958 (50) 1679; 1987 Act No. 173 Section 49, eff nine months from approval by Governor (approved by Governor on June 30, 1987).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-140. General powers of Commission.

The commission may, upon petition:
(1) ascertain and fix just and reasonable standards, classifications, regulations, practices, or service to be furnished, imposed, observed, and followed by any or all electrical utilities;
(2) ascertain and fix by regulation adequate and reasonable standards for the measurement of quality, quantity, initial voltage, or other condition pertaining to the supply of the product, commodity, or service furnished or rendered by any or all electrical utilities;
(3) prescribe reasonable regulations for the examination and testing of such product, commodity, or service and for the measurement thereof; and
(4) establish or approve reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurement.
HISTORY: 1962 Code Section 24-111; 1952 Code Section 24-111; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 161, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-150. Promulgation of rules and regulations.

The Commission may make such rules and regulations not inconsistent with law as may be proper in the exercise of its powers or for the performance of its duties under this chapter, all of which shall have the force of law.
HISTORY: 1962 Code Section 24-112; 1952 Code Section 24-112; 1942 Code Section 8555-4; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-160. Investigation and examination of condition and management of utility.

The Office of Regulatory Staff may investigate and examine the condition and management of electrical utilities or any particular electrical utility.
HISTORY: 1962 Code Section 24-113; 1952 Code Section 24-113; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 162, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-170. Joint hearings and joint or concurrent orders; joint investigations.

The commission may hold joint hearings and issue joint or concurrent orders in conjunction or concurrence with any official board or commission of any state or of the United States. The Office of Regulatory Staff may make joint investigations with any official board or commission of any state or of the United States.
HISTORY: 1962 Code Section 24-114; 1952 Code Section 24-114; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 163, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-180. Valuations and revaluations of property of utilities.

The commission may, after hearing, ascertain and fix the value of the whole or any part of the property of any electrical utility insofar as the same is material to the exercise of the jurisdiction of the commission and may, after hearing, make revaluations from time to time and ascertain the value of all new construction, extensions, and additions to the property of every electrical utility.
HISTORY: 1962 Code Section 24-115; 1952 Code Section 24-115; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 164, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-190. Inspection of property; audit of books; examination of employees of utilities.

The Office of Regulatory Staff has the right at any and all times to inspect the property, plant, and facilities of any electrical utility and the South Carolina Public Service Authority and to inspect or audit at reasonable times the accounts, books, papers, and documents of any electrical utility and the South Carolina Public Service Authority. For the purposes herein mentioned an employee or agent of the Office of Regulatory Staff may during all reasonable hours enter upon any premises occupied by or under the control of any electrical utility or the South Carolina Public Service Authority. An employee or agent of the Office of Regulatory Staff authorized to administer oaths has the power to examine under oath any officer, agent, or employee of the electrical utility and the South Carolina Public Service Authority, in relation to the business and affairs of the electrical utility or the South Carolina Public Service Authority, but written record of the testimony or statement so given under oath must be made.
HISTORY: 1962 Code Section 24-116; 1952 Code Section 24-116; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 165, eff May 24, 2006; 2021 Act No. 90 (H.3194), Section 15, eff January 1, 2022.
Effect of Amendment
2021 Act No. 90, Section 15, in the first sentence, inserted "and the South Carolina Public Service Authority" in two places, in the second sentence, inserted "or the South Carolina Public Service Authority", and in the third sentence, inserted "and the South Carolina Public Service Authority," following "employee of the electrical utility" and "or the South Carolina Public Service Authority" following "electrical utility".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-200. Inspection of tax returns and other information.

In the performance of its duties under this chapter, an employee or agent of the Office of Regulatory Staff may inspect or make copies of all income, property, or other tax returns, reports, or other information filed by electrical utilities or the South Carolina Public Service Authority, with or otherwise obtained by any other department, commission, board, or agency of the state government. All departments, commissions, boards, or agencies of the state government must permit an employee or agent of the Office of Regulatory Staff to inspect or make copies of all information filed by electrical utilities or the South Carolina Public Service Authority, with or otherwise obtained by the department, commission, board, or agency of the state government.
HISTORY: 1962 Code Section 24-117; 1952 Code Section 24-117; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 166, eff May 24, 2006; 2021 Act No. 90 (H.3194), Section 16, eff January 1, 2022.
Effect of Amendment
2021 Act No. 90, Section 16, in the first and second sentences, inserted "or the South Carolina Public Service Authority," following "electrical utilities".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-210. Actions to prevent or discontinue violations of law or orders of Commission.

Whenever it shall appear that any electrical utility, electric cooperative, the South Carolina Public Service Authority regarding its provision of electric services, or consolidated political subdivision is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission or is doing, or about to do anything or permitting or about to permit anything to be done contrary to or in violation of law or of any order of the commission, an action or proceeding shall be prosecuted in any court of competent jurisdiction in the name of the Office of Regulatory Staff for the purpose of having such violation or threatened violation discontinued or prevented, either by mandamus, injunction, or other appropriate relief, and in such action or proceeding, it shall be permissible to join such other persons, corporations, municipalities, or consolidated political subdivisions as parties thereto as may be reasonably necessary to make the order of the court in all respects effective. The commission must not be a party to any action.
HISTORY: 1962 Code Section 24-118; 1952 Code Section 24-118; 1942 Code Section 8555-4; 1932 (37) 1497; 1969 (56) 740; 1972 (57) 2757; 2006 Act No. 318, Section 167, eff May 24, 2006; 2021 Act No. 90 (H.3194), Section 17, eff January 1, 2022.
Effect of Amendment
2021 Act No. 90, Section 17, in the first sentence, inserted "the South Carolina Public Service Authority regarding its provision of electric services," following "electric cooperative,".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-220. Enforcement and administration of chapter.

In addition to the foregoing expressly enumerated powers, the Office of Regulatory Staff must enforce, execute, administer, and carry out the provisions of this chapter relating to the powers, duties, limitations, and restrictions imposed upon electrical utilities and the South Carolina Public Service Authority by this chapter or any other provisions of the law of this State regulating electrical utilities and the South Carolina Public Service Authority regarding its provision of electric services.
HISTORY: 1962 Code Section 24-119; 1952 Code Section 24-119; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 168, eff May 24, 2006; 2021 Act No. 90 (H.3194), Section 18, eff January 1, 2022.
Effect of Amendment
2021 Act No. 90, Section 18, inserted "and the South Carolina Public Service Authority" following "imposed upon electrical utilities" and "and the South Carolina Public Service Authority regarding its provision of electric services" following "regulating electrical utilities".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-230. Exercise of other powers of Commission not excluded.

The enumeration of the powers of the Commission as herein set forth shall not be construed to exclude the exercise of any power which the Commission would otherwise have under the provisions of law.
HISTORY: 1962 Code Section 24-120; 1952 Code Section 24-120; 1942 Code Section 8555-4; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-240. Construction of South Carolina Rural Development Act of 1996.

No provision of the South Carolina Rural Development Act of 1996 may be construed to alter, modify, amend, or repeal, directly or by implication, any provision of Chapter 27 of Title 58, Chapter 31 of Title 58, Chapter 33 of Title 58, Chapter 23 of Title 6, Chapter 7 of Title 5, and Chapter 31 of Title 5, governing, among other things, the retail and wholesale distribution and sale of electric energy in this State.
HISTORY: 1996 Act No. 462, Section 5, eff July 2, 1996.
Editor's Note
1996 Act No. 462, Section 1, eff July 2, 1996, provides as follows:
"SECTION 1. This act may be cited as the 'South Carolina Rural Development Act of 1996'."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-250. Restrictions on interruption of electric service to residential customer for nonpayment of bill; exceptions.

(A) Except as provided in subsections (B) and (C) of this section, an electrical utility must not interrupt electric service to any residential customer for nonpayment of a bill until twenty-five days have elapsed from the date of billing.
(B) An electrical utility may interrupt electric service to any residential customer who has voluntarily enrolled in a prepay program if the prepay program allows the customer to monitor his consumption of electricity and his account balance on a daily basis and the balance of that customer's prepay account is zero, provided that the following conditions are met: (1) at the time the residential customer enrolls in the prepay program, the residential customer is informed and agrees that his electric service may be interrupted when the balance of his prepay account reaches zero; (2) electric service must not be interrupted before 10:00 a.m. on the next business day following an attempt by the electrical utility to give the customer notice of the impending interruption by telephone or electronically; and (3) electric service must not be interrupted except during hours when the electrical utility, or an agent, is accepting cash payments.
(C) A prepay program established by an electrical utility shall be subject to approval by the Public Service Commission of South Carolina prior to implementation. Any interruption of electric service under an approved prepay program shall be governed by the terms of this section and the provisions of the prepay account agreement. A prepay program approved by the Public Service Commission under this subsection must allow the utility to interrupt service when the balance of the customer's prepay account is zero and the conditions set out in subsection (B) are met. Upon a showing of good cause, the commission may allow alternative compliance with the requirement of subsection (B) regarding the ability of the customer to monitor his consumption and account balance on a daily basis, if such compliance provides consumer information and protections similar to that required in subsection (B).
(D) Nothing contained herein shall be construed so as to relieve an electrical utility of the requirements of Act 313 of 2006.
(E) Any person aggrieved by a violation of this section may petition the courts of this State for redress in accordance with applicable law.
HISTORY: 2010 Act No. 258, Section 2, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-255. Coal combustion residuals disposal.

(A) Coal combustion residuals that result from an electrical utility, an electric cooperative, a governmental entity, a corporation, or an individual producing electricity for sale or distribution by burning coal must be placed in a commercial Class 3 solid waste management landfill, unless the coal combustion residuals are:
(1) located contiguous with the electric generating unit;
(2) intended to be beneficially reused;
(3) placed into beneficial reuse; or
(4) placed in an appropriate landfill which meets the standards of the Department of Health and Environmental Control Regulation 61-107, and that is owned or operated by the entity that produced the electricity which resulted in the coal combustion residuals.
(B) The "beneficial reuse" of coal combustion residuals, as used in this section, is subject to the applicable regulations as promulgated by the Department of Health and Environmental Control.
HISTORY: 2016 Act No. 138 (H.4857), Section 1, eff March 2, 2016.
Editor's Note
2016 Act No. 138, Sections 2 and 4, provide as follows:
"SECTION 2. Nothing in this act affects any other provisions or requirements of law or regulation applicable to coal combustion residuals."
"SECTION 4. This act takes effect upon approval by the Governor and applies to the disposal of coal combustion residuals placed in a landfill on or after that date."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-260. Joint Committee on the Electrification of Transportation.

(A) There is established the Joint Committee on the Electrification of Transportation. The committee is comprised of four members of the Senate, two of whom are appointed by the Chairman of Senate Finance and two of whom are appointed by the Chairman of Senate Judiciary, and four members of the House of Representatives, two of whom are appointed by the Chairman of the Ways and Means Committee and two of whom are appointed by the Chairman of the Labor, Commerce and Industry Committee. The members of the committee shall elect one co-chairman from the Senate appointees and one co-chairman from the House appointees.
(B)(1) The committee shall study the challenges and opportunities associated with the electrification of the transportation sector and make recommendations to the General Assembly to enable a fair, efficient, and cost-effective transition to electric transportation.
At a minimum, the committee shall study the following issues:
(a) environmental, economic, and customer challenges and benefits associated with the advancement of electric vehicles;
(b) the potential value of advancing the development and deployment of electric vehicles and associated infrastructure and address issues that impede development and deployment;
(c) explore and evaluate the impacts of electric vehicles on roads, bridges, and other infrastructure, including the potential loss of revenue due to the current and projected future use of electric vehicles in this State;
(d) explore and evaluate the impacts of electric vehicles on customers, utilities, and the grid; and
(e) any other issues associated with the electrification of the transportation sector.
(2) The committee shall receive reports from:
(a) the Office of Regulatory Staff's stakeholder initiative to advance the electrification of transportation sector;
(b) the South Carolina Public Service Commission pursuant Section 58-27-265; and
(c) by September first of each year, the South Carolina Department of Revenue shall provide an annual report to the committee that details the prior fiscal year's revenue collections, from whatever source derived, designated for the repair, maintenance, or improvements to the South Carolina transportation system.
(C) The committee shall receive clerical and related assistance from the staff of the Senate and the staff of the House of Representatives, as approved and designated by the President of the Senate and the Speaker of the House, respectively.
HISTORY: 2021 Act No. 46 (S.304), Section 2, eff May 17, 2021.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-265. Identification of regulatory challenges and opportunities associated with electrification of transportation sector.

(A) No earlier than April 1, 2023, the Public Service Commission shall open a docket for the purpose of identifying the regulatory challenges and opportunities associated with the electrification of the transportation sector.
At a minimum, the commission shall study the following issues:
(1) grid integration and resource planning to facilitate electrified transportation;
(2) the interaction between transportation electrification and the electric power grid;
(3) regulatory policies to support efficient and cost-effective transition to electric transportation;
(4) the need for data management and coordination among a number of energy system participants;
(5) grid investments that support electric vehicle deployments as a part of planned modernization efforts to enable an efficient and cost-effective transition to electric transportation;
(6) increased electric vehicle adoption and the development of their charging infrastructure and how those advancements align with grid modernization efforts;
(7) whether rate designs and other load management strategies are appropriate to mitigate potential negative grid impacts and maximize potential grid benefits of transportation electrification;
(8) other critical issues related to transportation electrification, such as service reliability, privacy, affordability, and security; and
(9) and any other issues the commission determines relevant.
(B) The commission shall issue a report to the Joint Committee on the Electrification of Transportation. Upon submitting the report, the commission shall open a docket at least every three years thereafter to study the regulatory issues related to the electrification of the transportation sector and report back to the Joint Committee on the Electrification of Transportation and the General Assembly.
(C) To the extent necessary to carry out commission responsibilities, the commission is authorized to employ third-party consultants and experts, by contract or otherwise, as the commission may consider necessary to assist the commission in the proper discharge of its duties and responsibilities as provided by this section. The expenses for the employment of any third-party consultant or expert as authorized by this subsection must be paid from the assessments collected pursuant to Section 58-3-100. The commission shall provide an accounting of compensation and expenses incurred for third-party consultants and experts in a report provided annually to the review committee. The commission is exempt from the State Procurement Code in the selection and hiring of third-party consultants and experts as authorized by this subsection.
HISTORY: 2021 Act No. 46 (S.304), Section 2, eff May 17, 2021.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-270. Stakeholder process; exploration of opportunities and identification of challenges to advance electrification of transportation sector.

(A) The South Carolina Office of Regulatory Staff through any existing electric vehicle stakeholder initiatives launched by the regulatory staff, shall complete a stakeholder process to facilitate a broad, collaborative statewide discussion among stakeholders to explore the opportunities to advance electrification of the transportation sector along with identifying challenges associated with the advancement of electrification of the transportation sector.
(B) Components of this initiative shall include, but not be limited to:
(1) working with stakeholders in the private and public sector, including the South Carolina Department of Transportation, the South Carolina Department of Commerce, the South Carolina Department of Revenue, and other relevant stakeholders;
(2) examining the legislative and regulatory environmental, economic, and customer challenges and opportunities;
(3) identifying challenges and opportunities in electrified vehicle technologies, such as power conversion and energy storage, the grid integration of electrified transportation and transportation policies, that pave the way for electrified transportation; and
(4) identifying efforts to enable a more efficient and cost-effective transition to electric transportation.
(C) To the extent necessary to carry out its responsibilities, the Office of Regulatory Staff is authorized to employ third-party consultants and experts, by contract or otherwise, as the Office of Regulatory Staff may consider necessary to assist regulatory staff in the proper discharge of its duties and responsibilities as provided by this section. The expenses for the employment of any third-party consultant or expert authorized by this subsection must be paid from the assessments collected pursuant to Section 58-4-60. The Office of Regulatory Staff shall provide an accounting of compensation and expenses incurred for third-party consultants and experts in a report provided annually to the review committee. The Office of Regulatory Staff is exempt from the State Procurement Code in the selection and hiring of third-party consultants and experts as authorized by this subsection.
(D) The Office of Regulatory Staff shall make initial recommendations to the Joint Committee on the Electrification of Transportation no earlier than July 1, 2022. Upon submitting the report, the Office of Regulatory staff shall convene additional stakeholder initiatives and report recommendations to the Joint Committee at least every two years thereafter.
HISTORY: 2021 Act No. 46 (S.304), Section 2, eff May 17, 2021.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-410. Procedure for granting of exclusive municipal franchises to furnish light.

All cities and towns of the State may grant the exclusive franchise of furnishing light to such cities and towns and the inhabitants thereof. But no such franchise shall be valid unless it shall first receive the vote of two thirds of the board of aldermen or common council of the city or town granting it and be subsequently confirmed by a vote of the majority of the qualified electors of the city or town, voting at an election called specially for the purpose. The ordinance or resolution granting such a franchise shall fix a maximum rate for furnishing light, both for public and private consumption and the person obtaining such exclusive franchise shall have no power to charge or receive any greater price for light thus furnished than the maximum rate so fixed. No such franchise shall affect any existing contractual rights.
HISTORY: 1962 Code Section 24-21; 1952 Code Section 24-21; 1942 Code Section 7269; 1932 Code Section 7269; Civ. C. '22 Section 4424; Civ. C. '12 Section 3014; 1902 (23) 1039.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-415. Franchise fee not to be paid or collected under "Stateline Accounts"; calculation of franchise fee.

(A) The State shall not pay, nor shall any person, including a municipality or utility, impose, pay, or collect a franchise fee with respect to electrical power provided to the State by a utility under the "Stateline Accounts". The "Stateline Accounts" referenced in this section are those state electrical power accounts that arose from the 1925 agreement validated, ratified, and approved in Act 440 of 1925 (34 Stats. 852).
(B) The utility shall exclude all gross sales revenue accrued from the Stateline Accounts when calculating any franchise fee owed to a municipality and shall therefore not include those Stateline Account gross sales revenues in the payment of the franchise fee to the municipality. The "Stateline Accounts" referenced in this section are those state electrical power accounts that arose from the 1925 agreement validated, ratified, and approved in Act 440 of 1925 (34 Stats. 852).
HISTORY: 2008 Act No. 329, Section 1, eff June 16, 2008.
Editor's Note
2008 Act No. 329, Section 2 provides as follows:
"Section 58-27-415(A) takes effect upon approval by the Governor. Section 58-27-415(B) takes effect January 1, 2009."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-420. Franchises and permits shall be indeterminate.

Every permit or franchise hereafter granted to any electrical utility, either by the State or any municipality thereof, shall have the effect of an indeterminate permit which shall continue in effect until terminated as provided by this chapter or by any lawful forfeiture of the right of such electrical utility to continue to conduct its business in this State.
HISTORY: 1962 Code Section 24-22; 1952 Code Section 24-22; 1942 Code Section 8555-3; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-430. Exchange of old limited permit or franchise for indeterminate permit.

Any electrical utility operating under an existing permit or franchise heretofore granted by the State or any municipality thereof prescribing a definite period of years for the existence of such permit or franchise shall, upon (a) filing with the commission and providing to the Office of Regulatory Staff a written declaration that it surrenders such permit or franchise, (b) the consent of such municipality, and (c) proof of any consent that may be required by Article VIII, Section 15 of the Constitution of this State, receive an indeterminate permit which shall take the place of the surrendered permit or franchise, and such electrical utility or its successors or assigns shall hold such permit in accordance with the terms, conditions, and limitations of this chapter and any future regulatory acts. If, for any reason, any indeterminate permit held by a public utility is held to be invalid, the public utility shall, by operation of law and without further act, have reinstated in it any franchise or franchises surrendered by it in exchange for such indeterminate permit.
HISTORY: 1962 Code Section 24-23; 1952 Code Section 24-23; 1942 Code Section 8555-3; 1932 (37) 1497; 2006 Act No. 318, Section 169, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-440. Revocation of indeterminate permit for inadequacy of service.

Whenever the service rendered by any electrical utility operating under an indeterminate permit shall be found inadequate by order of the Commission after hearing and such electrical utility shall fail to remedy the same after having been given a reasonable opportunity to do so, the indeterminate permit enjoyed by such electrical utility in respect to the service so found to be inadequate may with the consent of such municipality be declared revoked by the Commission upon such terms as shall be reasonable and just. But no order of the Commission revoking any such permit shall have any force and effect until a final determination of any proceeding brought to review the same.
HISTORY: 1962 Code Section 24-24; 1952 Code Section 24-24; 1942 Code Section 8555-3; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-450. Continuance of service on expiration of franchise.

Any electrical utility which has been furnishing electricity to a city or town or its inhabitants under a franchise that has expired shall, with such consent of the local authorities as may be required by article VIII, section 15, of the Constitution of this State, until a new permit for supplying electricity to such city or town or its inhabitants lawfully has been obtained, continue to furnish the same to such city or town or its inhabitants under such rates and upon such terms and conditions as may be approved by the Commission.
HISTORY: 1962 Code Section 24-25; 1952 Code Section 24-25; 1942 Code Section 8555-3; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-630. Service rights and restrictions in areas within consolidated political subdivisions.

Whenever there is a consolidation of government as authorized under the Constitution of this State, the rights of and restrictions on electric suppliers as provided for in Section 58-27-620 shall apply to areas within the corporate limits of a municipality being merged into a consolidated political subdivision except a municipality owning and operating a municipal electric system and shall be established as of the date of consolidation rather than on July 1, 1969, as provided for in Section 58-27-620. On the date of such consolidations the same rights granted to and restrictions imposed upon other electric suppliers shall be granted to and imposed upon existing municipal systems as to areas within the consolidated political subdivision but outside the previously existing corporate limits of the municipality owning and operating such a system.
HISTORY: 1962 Code Section 24-14.1; 1972 (57) 2757.