South Carolina 2025-2026 Regular Session

South Carolina House Bill H5440

Introduced
3/26/26  

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 32 TO TITLE 58 SO AS TO ALLOW ELIGIBLE CUSTOMERS TO PURCHASE ALL OR PART OF THEIR ELECTRICITY DEMAND FROM THIRD-PARTY ELECTRIC SUPPLIERS; TO ESTABLISH RELATED TERMS, CONDITIONS, AND REQUIREMENTS FOR ELIGIBLE CUSTOMERS, THIRD-PARTY ELECTRIC SUPPLIERS, AND INCUMBENT ELECTRIC SUPPLIERS FOR ELECTRIC SERVICES, INCLUDING TRANSMISSION SERVICES; TO ESTABLISH CERTAIN COST REQUIREMENTS; AND TO ESTABLISH THE PUBLIC SERVICE COMMISSION STANDARDS OF REVIEW, INCLUDING THE REQUIREMENT TO APPROVE A TARIFF CONTAINING A PRO FORMA CONTRACT.

Impact

The implementation of this bill represents a significant shift in the energy market dynamics in South Carolina. By permitting eligible customers to contract with third-party electric suppliers, the bill encourages a more competitive marketplace for electricity supply. This is projected to drive down costs for consumers and spur investment in renewable energy projects, aligning with broader energy independence goals. Furthermore, the legislation mandates that a public service commission standardize the requirements and conditions surrounding these third-party contracts, ensuring a level of compliance and oversight in the evolving market.

Summary

House Bill 5440 seeks to amend the South Carolina Code of Laws by adding a new chapter that allows eligible customers to purchase all or part of their electricity demand from third-party electric suppliers. This legislation establishes the framework and conditions under which eligible customers can now opt for their power supply sources, thereby fostering competition among suppliers and aiming to enhance consumer choice. Specifically, the bill defines eligible customers as nonresidential retail users with a maximum demand for electric service of at least 100 kW, enabling them to explore alternative energy sources beyond traditional utility providers.

Contention

While proponents tout the benefits of increased choice and potential cost savings for consumers, the bill has raised concerns among incumbent electric suppliers and some consumer advocacy groups. Critics argue that the shift to third-party suppliers could undermine the stability of existing electric service infrastructures and present risks to service reliability. Additionally, there are worries that small businesses or newcomers might struggle to understand the complexities of contracting for electricity under this new framework, thereby potentially disadvantaging less knowledgeable consumers. Ultimately, the balance between encouraging competition and ensuring reliable service is expected to be a recurring theme in discussions surrounding the bill.

Companion Bills

No companion bills found.

Previously Filed As

SC H5439

Electricity Retail Choice

SC S0878

Third-Party Electric Supplier

SC SB1260

Providing for licensure of electrical contractors, electricians, residential electricians, apprentice electricians and probationary electricians; establishing the State Board of Electrical Licensure; providing for powers and duties of the board; establishing fees, fines and penalties; and making an appropriation.

SC HB84

Electric utilities and licensed suppliers of electricity; regional transmission entities.

SC SB777

Electric utilities and licensed suppliers of electricity; regional transmission entities.

SC HB98

Providing for licensure of electrical contractors, electricians and apprentice electricians; establishing the State Board of Electrical Licensure; providing for powers and duties of the board; establishing fees, fines and penalties; and making an appropriation.

SC H15

Relative to retail electricity suppliers

SC SB0266

Base rate cases for electricity suppliers.

SC SB00419

An Act Concerning Suppliers Of Electricity.

SC S2228

To set equal contracting conditions for electricity customers on basic service

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Third-Party Electric Supplier

DE HB393

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