South Carolina 2025-2026 Regular Session

South Carolina House Bill H5286

Introduced
2/26/26  

Caption

A JOINT RESOLUTION TO PROHIBIT GOVERNMENTAL ENTITIES OF THIS STATE, COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS FROM GRANTING FINAL APPROVAL FOR APPLICATIONS OR PERMITS FOR, OR INCENTIVES OR OTHER REQUESTS RELATED TO, NEW DATA CENTERS UNTIL JANUARY 1, 2028, AND TO DEFINE "DATA CENTER."

Summary

H5286 is a joint resolution that would place a temporary moratorium on new data centers in South Carolina. It bars state, county, municipal, and other local governmental entities from granting final approval for applications, permits, incentives, or related requests for new data centers until January 1, 2028. The prohibition is broad and expressly covers rezoning, special exceptions, special use permits, building permits, site plans, development plans, and economic incentives, including fee-in-lieu-of-taxes arrangements. The bill also creates a statutory definition of “data center.” Under the resolution, a data center is a facility primarily used for storing, managing, and processing digital data and housing computer/network systems, power and cooling infrastructure, internet-related equipment, data communications, environmental controls, fire protection, and security systems. The resolution would take effect upon the Governor’s approval.

Impact

If enacted, H5286 would temporarily suspend local and state approval pathways for new data center projects across South Carolina, effectively freezing permitting, rezoning, and incentive approvals until 2028. It would affect developers, utilities, local governments, economic development agencies, and property owners seeking to site or expand data center facilities, while leaving existing data centers unaffected by the text of the resolution. The measure would not permanently amend broader land-use or tax statutes, but it would override normal approval processes for the covered projects during the moratorium period.

Sentiment

Based on the bill title and text, the measure appears to reflect a cautious or restrictive approach toward rapid data center expansion, likely driven by concerns about land use, infrastructure demand, and public incentives. However, there are no committee transcripts or recorded votes provided, so there is no direct evidence of support, opposition, or amendments from legislative debate. The available context suggests the bill is framed as a policy pause rather than a permanent ban.

Contention

The main point of contention is likely the breadth of the moratorium and its effect on economic development. Supporters would likely favor the pause as a way to evaluate impacts on electricity demand, water use, zoning, and local incentives before approving more projects. Opponents would likely argue that the bill could discourage investment, delay job creation, and interfere with local control and negotiated incentive packages. Because no discussion transcripts or votes are available, specific lawmakers or stakeholder groups cannot be identified from the record provided.

Companion Bills

SC H5526

Similar To A JOINT RESOLUTION TO PROHIBIT GOVERNMENTAL ENTITIES OF THIS STATE, COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS FROM ACCEPTING OR TAKING ANY ACTION ON PERMITS OR APPLICATIONS FOR DATA CENTERS UNTIL THE GENERAL ASSEMBLY ESTABLISHES A COMPREHENSIVE OVERSIGHT AND APPROVAL PROCESS FOR NEW DATA CENTERS IN THIS STATE, AND TO DEFINE "DATA CENTER."

Previously Filed As

SC H5526

Data Center Moratorium

SC HB4854

Prohibiting the state or any political subdivision from subsidizing any data center in West Virginia

SC SB1706

Foreign ownership of land; prohibiting foreign principals from renting, leasing, or having a controlling interest in data centers. Effective date.

SC S752

Permits municipalities, counties, school districts, and political subdivisions to withdraw from civil service.

SC A791

Permits municipalities, counties, school districts, and political subdivisions to withdraw from civil service.

SC SB857

Establishing economic incentives for data centers to locate within state

SC SB583

Establishing economic incentives for data centers to locate within state

SC LD713

An Act to Exclude Data Centers from the Business Equipment Tax Exemption and the Dirigo Business Incentives Program and to Require the Department of Economic and Community Development to Study Financial Incentives for Data Centers

SC HB3137

Relating to establishing economic incentives for data centers to locate within the state

SC HF451

A bill for an act prohibiting the state or a political subdivision of the state from entering into contracts with, or providing tax incentives or specified benefits to, certain companies that censor online content, and including effective date and applicability provisions.

Similar Bills

No similar bills found.