South Carolina Code of Laws
Chapter 23 - Joint Municipal Electric Power And Energy Act
Section 6-23-20. Definitions.

The terms used in this chapter have the following meaning unless a different meaning clearly appears from the context:
(1) "Area generally served by the same electric supplier" means that area located in any county or counties of this State and assigned to an electric supplier by the Public Service Commission pursuant to the provisions of Section 58-27-640 and to the Public Service Authority by Article 3 of Title 58.
(2) "Bonds" mean electric revenue bonds, notes, certificates, or other obligations of indebtedness of a joint agency issued pursuant to the provisions of this chapter and include refunding bonds.
(3) "Cost" or "cost of a project" means, but is not limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, or extension of a project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating to it; the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing these; administrative, legal, engineering, and inspection expenses; financing fees, expenses, and costs; working capital; initial fuel costs; interest on the bonds during construction and for a reasonable time after that is determined by the joint agency; establishment of reserves; and other expenditure of the joint agency incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, or extension of any project and the placing of them in operation.
(4) "Governing body" means, with respect to a municipality, the board, council, commission, or other legislative body charged by law with governing the municipality.
(5) "Electric supplier" means an electric utility regulated by the Public Service Commission, electric cooperative, or municipal electric system authorized to do business within the State or the Public Service Authority.
(6) "Joint agency" means a public body and body corporate and politic organized pursuant to the provisions of this chapter.
(7) "Municipality" means a city or town created pursuant to the laws of the State, or agency, board, commission, or council of it, that has owned for at least ten years a system or facilities for the generation, transmission, or distribution of electric power and energy for public and private uses.
(8) "Project" means a system or facilities for the generation, transmission, and transformation, not distribution, of electric power and energy by any means including, but not limited to, any one or more electric generating units situated at a particular site or any interest in any of them or any right to the output, capacity, use, or services of it.
(9) "State" means the State of South Carolina.
HISTORY: 1978 Act No. 473, Section 3; 1996 Act No. 358, Sections 7 and 8; 2007 Act No. 32, Section 1, eff May 22, 2007.
Effect of Amendment
The 2007 amendment redesignated items (a) to (i) as items (1) to (9) and made nonsubstantive language changes.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions

Chapter 23 - Joint Municipal Electric Power And Energy Act

Section 6-23-10. Short title.

Section 6-23-20. Definitions.

Section 6-23-30. Planning, construction, and ownership of electric distribution facilities.

Section 6-23-40. Determination by municipalities that joint agency is in their best interests; factors; publication; challenge in court.

Section 6-23-50. Formation of joint agency; certificate as proof of existence.

Section 6-23-60. Filing of petition prior to acquisition of project; action by Commission; appeal.

Section 6-23-70. Board of directors; new members of joint agency; withdrawal from and dissolution of joint agency.

Section 6-23-80. Executive committee.

Section 6-23-90. Rights and powers of joint agency.

Section 6-23-100. Electric generating facilities as interrelated; responsibility for dispatching capacity and output and scheduling maintenance of project.

Section 6-23-110. Municipalities may contract to buy power; terms of contract; sources of payment; advances.

Section 6-23-130. Issuance of bonds authorized.

Section 6-23-140. Approval of projects financed by bonds; terms of bonds; proceeds; replacement of lost or destroyed bonds.

Section 6-23-150. Trust agreements.

Section 6-23-160. Rents, rates, fees and charges; validity and lien of pledge.

Section 6-23-170. Investment of moneys pending disbursement.

Section 6-23-180. Legal action by bond holder and trustee.

Section 6-23-190. Bonds and interest coupons designated investment securities.

Section 6-23-200. Investment in bonds lawful.

Section 6-23-210. Bonds to be special obligations; payment thereof.

Section 6-23-220. Issuance of refunding bonds authorized.

Section 6-23-230. Bonds tax exempt.

Section 6-23-235. Applicability of franchise and permit requirements.

Section 6-23-240. Certification required.

Section 6-23-250. Projects and power as subject to taxation.

Section 6-23-260. Rights and privileges of personnel.

Section 6-23-270. Annual reports; audits.

Section 6-23-280. Participation of joint agency in grant-in-aid and loan programs.

Section 6-23-290. Eminent domain.

Section 6-23-300. Immunity of directors, officers and their agents.

Section 6-23-310. Immunity of joint agencies waived and withdrawn.

Section 6-23-320. Powers cumulative; bonds for financing private facilities not authorized.

Section 6-23-330. Liberal construction; savings clause.

Section 6-23-335. Provision, distribution, marketing, or sale by joint agency of energy or service to retail customers.

Section 6-23-340. Legal and binding effect of existing contracts.