South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0784

Introduced
1/13/26  

Caption

Energy

Summary

S0784 makes a broad set of changes to South Carolina energy, utility, permitting, and tax law, with a particular focus on electric utilities, energy infrastructure projects, and large commercial data centers. It directs the Public Service Commission to approve cost-effective utility demand-side programs and allows discretionary approval of certain low-income demand-side pilot programs even when they are not cost-effective, so long as the utility’s overall portfolio remains cost-effective. It also requires the PSC to adopt procedures pushing utilities toward energy efficiency and demand-side resources, including a minimum net energy savings target of 0.66 percent of total retail sales by May 15, 2027, or higher if the commission chooses. The bill also changes the permitting process for energy infrastructure projects by requiring public comment periods where applicable, imposing a six-month deadline for agency action, and deeming applications approved if the agency misses that deadline. For projects that may involve eminent domain, it requires advance written notice to affected landowners, disclosure of project need and routing alternatives, and a public meeting within 30 days after filing. These provisions are designed to increase transparency and speed in the siting and approval process while giving nearby property owners earlier notice and a formal opportunity to respond. A major section of the bill creates special electric service rules for commercial data centers defined as facilities with peak demand of 100 megawatts or more. Electric service providers must use contract terms, minimum billing requirements, collateral, and long-term agreements to ensure that costs tied to serving these facilities are recovered from the data centers themselves rather than spread to other customers. PSC approval is required for those contracts, and the bill excludes data centers already served in South Carolina as of May 15, 2025. The bill also requires commercial data centers to report annual surface-water and groundwater use to the Department of Environmental Services, with daily civil penalties for late filing. The bill further narrows and sunsets several sales tax exemptions related to technology-intensive facilities and datacenters. It limits eligibility for computer equipment, electricity, and related exemptions to taxpayers that entered into fee-in-lieu agreements or gave required notice by May 30, 2025, and it shortens the certification window for datacenter-related exemptions to May 30, 2030. In effect, the tax provisions appear aimed at preserving benefits for existing or already-committed projects while closing the door on new claims after the specified dates. Because there are no recorded committee transcripts or votes in the provided material, the overall sentiment cannot be measured from debate history. Based on the bill text, the measure appears to blend support for utility efficiency and consumer protection with a strong effort to protect ratepayers from the costs of large data-center loads and to tighten oversight of energy infrastructure siting. Likely points of contention include the six-month deemed-approval rule for permits, the eminent-domain notice requirements, the cost-recovery mandates for data centers, and the retroactive-style cutoff dates for tax exemptions, which could be viewed as either necessary guardrails or as restrictions on business incentives and project development.

Impact

S0784 would amend multiple sections of the South Carolina Code affecting the Public Service Commission, utility planning, energy infrastructure permitting, data-center utility service, water reporting, and sales tax exemptions. It would expand PSC authority over demand-side management and low-income pilot programs, impose new notice and timing requirements for energy infrastructure permits, create new statutory obligations for commercial data centers regarding electric service cost recovery and water-use reporting, and limit certain technology and datacenter tax exemptions to projects meeting specific preexisting deadlines. The bill would directly affect electric utilities, public utilities, commercial data centers, landowners near proposed infrastructure projects, and taxpayers seeking technology-intensive facility exemptions.

Sentiment

No committee discussion or recorded votes were provided, so there is no documented legislative sentiment from debate or roll call history. From the bill text alone, the measure appears to reflect a policy mix that is generally pro-efficiency and pro-transparency, while also being protective of ratepayers and state oversight. Its treatment of commercial data centers suggests concern about large industrial loads, infrastructure costs, and water use, alongside a willingness to preserve benefits for already-committed projects.

Contention

The most likely points of contention are the bill’s treatment of commercial data centers and the permitting rules for energy infrastructure projects. Data-center operators may object to mandatory long-term contracts, collateral requirements, minimum billing provisions, and the requirement that they bear costs that would not otherwise have been incurred, while utilities may support those provisions as cost-shifting protections. Landowners and local communities may support the new notice and public meeting requirements, but utilities and project developers may view the six-month deemed-approval rule and eminent-domain notice obligations as burdensome or as creating litigation and scheduling risk. The tax provisions may also be controversial because they limit exemptions to taxpayers that met specific notice, agreement, or certification dates, which could be seen as narrowing incentives for future investment.

Companion Bills

No companion bills found.

Previously Filed As

SC H5484

Energy Affordability Act

SC HB2515

Addressing emerging large energy use facilities.

SC S0131

Job Creation and Competitiveness Act

SC HB212

Clean Energy Production Tax Credit Act; enact

SC H3309

Electrical Utilities

SC SB1340

MANUFACTURING-ENERGY-EXEMPTION

SC HB1322

MANUFACTURING-ENERGY-EXEMPTION

SC HB1459

MANUFACTURING-ENERGY-EXEMPTION

SC H1189

Datacenter Transparency Act

SC HB1189

House Bill 1189

Similar Bills

No similar bills found.