South Carolina Code of Laws
Chapter 23 - Joint Municipal Electric Power And Energy Act
Section 6-23-250. Projects and power as subject to taxation.

A project owned by a joint agency shall not be exempt from property taxes or other taxes if applied to the sale of energy; provided, however, that if all or any portion of the joint agency is declared exempt from property taxation then the joint agency shall, in lieu of property taxes, pay to any governmental body authorized to levy property taxes the amount which would be assessed as taxes on real and personal property of a project if such project were subject to valuation and assessment by the respective governmental body authorized to levy property taxes the amount which would be assessed as taxes on real and personal property of a project if such project were subject to valuation and assessment by the respective governmental body. Such payments in lieu of taxes shall be due and shall bear interest if unpaid, as are added to taxes on taxable property in the governmental body. Payments in lieu of taxes if made hereunder shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.
Power and energy sold by a joint agency shall be subject to taxes.
Joint agencies are exempt from the tax imposed pursuant to Section 12-23-10.
HISTORY: 1978 Act No. 473, Section 26; 1991 Act No. 171, Part II, Section 57A.

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.