SB129 H T&I AM #1-1

Etheredge 3345

The Committee on Technology and Infrastructure moved to amend the bill on page 1 by striking everything after the enabling clause and inserting in lieu thereof the following: 

ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-2. Discrimination prohibited


(a)  No public utility subject to the provisions of this chapter shall may, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect, or receive from any person, firm, or corporation, a greater or less compensation, for any service rendered or to be rendered, than it charges, demands, collects, or receives from any other person, firm, or corporation for doing a like and contemporaneous service under the same or substantially similar circumstances and conditions.

(b)  It shall be is unlawful for any public utility subject to the provisions of this chapter to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or any particular character of traffic or service, in any respect whatsoever, or to subject any particular person, firm, corporation, company or locality, or any particular character of traffic or service, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

(c) No water or sewer utility that is a political subdivision of the state may prohibit a customer or contractor of a customer from constructing or installing any connections, extensions, or other infrastructure necessary for the customer to connect to the public utility by refusing to enter into an alternate main line extension agreement meeting the requirements of the public service commission as set forth in commission rules. Provided, That:

(1) The commission may specify that the actual connection to the public utility be made by the public utility or in the presence of the public utility if the commission deems so reasonably necessary to protect public utility assets or the public;

(2) The customer’s plans, selection of the contractor, and all installation and construction work shall meet and may, but need not, exceed, legal requirements applicable to public utilities and reasonable public utility practices;

(3) The customer or customer’s contractors, if any, performing the work shall meet and may, but need not, exceed those qualifications reasonably required by the public utility for the applicable type of work. Provided, however, That the commission may, upon request by the customer or public utility, do any or all of the following:

(A) Negate any qualification requirements of the public utility not set forth in state or federal law that the commission deems unreasonable or discriminatory; and

(B) Impose reasonable qualification requirements on the customer or customer’s contractors, if any, performing the work that protects the public utility’s assets;

(4) The customer and the utility shall obtain the prior consent and approval of the commission before executing an alternate main line extension agreement concerning installation and construction of an extension and/or connection. Provided, That the commission shall enter an order approving or denying an application for alternate main line extension agreements made pursuant to this section within 60 days of the commission’s receipt thereof;

(5) The customer or contractor shall share the final construction plans and any applicable state or federal permits with the public utility at least 30 days prior to commencing construction;

(6) The customer shall make all stages of work relating to the installation and construction of the extension and/or connection to the public utility available for inspection by the public utility. If the extension is to serve three or fewer new customers, the inspection shall occur at the public utility’s expense; and

(7) The customer or owner shall, upon completion of construction and connection to the public utility, provide final record drawings, transfer ownership of such connections, extensions, property, plants, rights-of-way, and easements to the public utility. Provided, however, That the public utility shall not take ownership of an extension or connection past any customer point of service.

(d) Nothing in this This section shall be construed to does not prevent the commission from:

(a) (1) Authorizing or requiring any rate design consistent with the purposes and policies set forth in §24-2A-1 et seq. of this code; or

(b) (2) Authorizing a private water, sewer, or combined water and sewer utility to voluntarily implement a rate design featuring reduced rates and charges for service to qualifying low-income residential customers.”


 

 

 

Adopted

Rejected