2025-2026 Regular SessionSouth Carolina Legislature

H3309: Electrical Utilities

Legislative Summary

Amend The South Carolina Code Of Laws By Enacting The "south Carolina Energy Security Act" By Amending Section 58-3-20, Relating To The Membership, Election, And Qualifications Of The Public Service Commission, So As To Change The Number Of Commissioners From Seven To Three To Be Elected By The General Assembly From The State At Large; By Amending Section 58-3-140, Relating To The Public Service Commission's Powers To Regulate Public Utilities, So As To Establish Considerations And State Policy For The Commission's Decision-making Process, To Establish A Schedule For Certain Testimony And Discovery In Contested Proceedings, To Permit Electrical Utility Customers To Address The Commission As Public Witnesses, And To Establish Requirements For An Independent Third-party Consultant Hired By The Commission; By Amending Section 58-3-250, Relating To Service Of Orders And Decisions On Parties, So As To Make A Technical Change; By Amending Section 58-4-10, Relating To The Office Of Regulatory Staff And Its Representation Of Public Interest Before The Commission, So As To Establish Its Considerations For Public Interest; By Adding Section 58-4-150 So As To Require The Office Of Regulatory Staff To Prepare A Comprehensive State Energy Assessment And Action Plan And To Establish Requirements For This Plan; By Adding Chapter 38 To Title 58 So As To Establish The South Carolina Energy Policy Research And Economic Development Institute; By Adding Section 58-33-195 So As To Encourage Dominion Energy, The Public Service Authority, Duke Energy Carolinas, And Duke Energy Progress To Evaluate Certain Electrical Generation Facilities And Provide For Considerations Related To These Facilities; By Adding Section 58-31-205 So As To Permit The Public Service Authority To Jointly Own Electrical Generation And Transmission Facilities With Investor-owned Electric Utilities, And To Provide Requirements For Joint Ownership; By Amending Article 9 Of Chapter 7, Title 13, Relating To The Governor's Nuclear Advisory Council, So As To Establish The Council In The Office Of Regulatory Staff, To Provide For Its Duties And Membership, And To Provide For The Council's Director; By Amending Section 37-6-604, Relating To The Consumer Advocate's Intervention On Matters Filed At The Commission, So As To Transfer These Duties To The Office Of Regulatory Staff; By Adding Section 58-33-196 So As To Encourage Consideration Of Deployment Of Nuclear Facilities And To Provide Related Requirements; By Adding Section 58-37-70 So As To Permit A Small Modular Nuclear Pilot Program And To Establish Requirements; By Adding Article 3 To Chapter 37, Title 58 So As To Provide For State Agency Review Of Energy Infrastructure Project Applications And To Provide A Sunset, And By Adding Article 1 To Chapter 37 To Include All Other Sections Of Chapter 37; By Amending Section 58-40-10, Relating To The Definition Of "customer-generator," So As To Establish Characteristics For A "customer-generator"; By Amending Section 58-41-30, Relating To Voluntary Renewable Energy Programs, So As To Provide Additional Requirements And Considerations For These Programs; By Amending Section 58-41-10, Relating To Definitions, So As To Add The Definition Of "energy Storage Facilities"; By Amending Section 58-41-20, Relating To Proceedings For Electrical Utilities' Avoided Cost Methodologies And Related Processes, So As To Authorize Competitive Procurement Programs For Renewable Energy, Capacity, And Storage, To Permit Competitive Procurement Of New Renewable Energy Capacity And Establish Requirements For Non-competitive Procurement Programs, And To Delete Language Regarding The Commission Hiring Third-party Experts For These Proceedings; By Adding Section 58-41-25 So As To Provide For A Process For Competitive Procurement Of Renewable Energy Facilities; By Amending Section 58-33-20, Relating To Definitions, So As To Add The Definition "like Facility" And Amending The Definition Of "major Utility Facility"; By Amending Article 3 Of Chapter 33, Title 58, Relating To Certification Of Major Utility Facilities, So As To Provide For A Like Facility, To Establish Requirements And Considerations For Proposed Facilities, To Provide What Actions May Be Taken Without Permission From The Commission, And To Make Technical Changes; By Amending Section 58-37-40, Relating To Integrated Resources Plans, So As To Add Consideration Of A Utility's Transmission And Distribution Resource Plan, To Establish Procedural Requirements And Evaluation By The Commission, And Require Parties To Bear Their Own Costs; By Amending Section 58-3-260, Relating To Communications Between The Commission And Parties, So As To Modify Requirements For Allowable Ex Parte Communications And Briefings, And To Permit Commission Tours Of Utility Plants Or Other Facilities Under Certain Circumstances; By Amending Section 58-3-270, Relating To Ex Parte Communication Complaint Proceedings At The Administrative Law Court, So As To Permit An Order Tolling Any Deadlines On A Proceeding Subject To A Complaint To The Extent The Proceeding Was Prejudiced So That The Commission Could Not Consider The Matter Impartially; By Adding Chapter 43 To Title 58 So As To Establish Economic Development Rates For Electrical Utilities; By Amending Section 58-33-310, Relating To An Appeal From A Final Order Or Decision Of The Commission, So As To Require A Final Order Issued Pursuant To Chapter 33, Title 58 Be Immediately Appealable To The South Carolina Supreme Court And To Provide For An Expedited Hearing; By Amending Section 58-33-320, Relating To Joint Hearings And Joint Investigations, So As To Make A Conforming Change; By Adding Section 58-4-160 So As To Require The Office Of Regulatory Staff To Conduct A Study To Evaluate Establishing A Third-party Administrator For Energy Efficiency And Demand-side Management Programs; By Amending Section 58-37-10, Relating To Definitions, So As To Add A Reference To "demand-side Management Program" And Provide Definitions For "cost-effective" And "demand-side Management Pilot Program"; By Amending Section 58-37-20, Relating To Commission Procedures Encouraging Energy Efficiency Programs, So As To Expand Commission Considerations For Cost-effective, Demand-side Management And Energy Efficiency Programs, And Require Each Investor-owned Electrical Utility To Submit An Annual Report To The Commission Regarding Its Demand-side Management Programs; By Amending Section 58-37-30, Relating To Reports On Demand-side Activities, So As To Make A Conforming Change; By Adding Section 58-37-35 So As To Permit Programs And Customer Incentives To Encourage Or Promote Demand-side Management Programs For Customer-sited Distribution Resources, And To Provide Considerations For These Programs; By Amending Section 58-37-50, Relating To Agreements For Energy Efficiency And Conservation Measures, So As To Establish Certain Terms And Rate Recovery For Agreements For Financing And Installing Energy Efficiency And Conservation Measures, And For Application To A Residence Occupied Before The Measures Are Taken; By Adding Section 58-31-215 So As To Authorize The Public Service Authority, In Consultation With The Department Of Commerce, To Serve As An Anchor Subscriber Of Natural Gas And Pipeline Capacity For This State, To Establish The "energy Investment And Economic Development Fund," And To Provide For Related Requirements; By Amending Section 58-3-70, Relating To Compensation Of Public Service Commission Members, So As To Establish Salaries In Amounts Equal To Ninety-seven And One-half Percent Of Supreme Court Associate Justices; By Adding Section 58-41-50 So As To Provide Requirements And Consideration For Co-located Resources Between A Utility And Its Customer Under Certain Circumstances; By Adding Section 58-4-15 So As To Establish The Division Of Consumer Advocacy Within The Office Of Regulatory Staff And To Transfer The Duties Of The Division Of Consumer Advocacy In The Department Of Consumer Affairs To The Office Of Regulatory Staff; By Amending Section 58-40-10, Relating To Definitions, So As To Amend The Definition Of "renewable Energy Resource"; And For Other Purposes.

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Bill History

12/5/2024
Prefiled
House of Representatives
12/5/2024
Referred to Committee on Labor, Commerce and Industry
House of Representatives
1/14/2025
Introduced and read first time
House of Representatives
1/14/2025
Referred to Committee on Labor, Commerce and Industry
House of Representatives
1/15/2025
Member(s) request name added as sponsor: Schuessler
House of Representatives
1/16/2025
Member(s) request name added as sponsor: Yow
House of Representatives
2/4/2025
Member(s) request name added as sponsor: M.M.Smith
House of Representatives
2/6/2025
Member(s) request name added as sponsor: Hardee, Montgomery
House of Representatives
2/6/2025
Committee report: Favorable with amendment Labor, Commerce and Industry
House of Representatives
2/11/2025
Member(s) request name added as sponsor: Atkinson, Hixon, Ligon
House of Representatives
2/12/2025
Member(s) request name added as sponsor: Anderson, Weeks
House of Representatives
2/12/2025
Requests for debate-Rep
House of Representatives
2/12/2025
Member(s) request name added as sponsor: Willis, Govan, Williams
House of Representatives
2/12/2025
Amended
House of Representatives
2/12/2025
Read second time
House of Representatives
2/12/2025
Roll call Yeas-94 Nays-11
House of Representatives
2/13/2025
Read third time and sent to Senate
House of Representatives
2/18/2025
Introduced and read first time
Senate
2/18/2025
Referred to Committee on Judiciary
Senate
2/18/2025
Referred to Subcommittee: Rankin (ch), Campsen, Massey, Adams, Devine, Elliott, Ott
Senate
3/26/2025
Committee report: Favorable with amendment Judiciary
Senate
3/27/2025
Special order, set for March 27, 2025
Senate
4/1/2025
Committee Amendment Adopted
Senate
4/1/2025
Amended
Senate
4/2/2025
Amended
Senate
4/2/2025
Read second time
Senate
4/2/2025
Roll call Ayes-41 Nays-3
Senate
4/3/2025
Amended
Senate
4/3/2025
Read third time and returned to House with amendments
Senate
4/3/2025
Roll call Ayes-38 Nays-3
Senate
4/4/2025
Scrivener's error corrected
4/23/2025
Debate adjourned until Thur., 4-24-25
House of Representatives
4/24/2025
Debate adjourned
House of Representatives

Roll Call Votes

Senate: 3rd Reading
4/3/2025
38
Yea
3
Nay
0
Not Voting
5
Absent
Result: PASSED
Senate: To Lay On The Table Amendment Number 20b
4/2/2025
32
Yea
11
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: 2nd Reading
4/2/2025
41
Yea
3
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: To Lay On The Table Amendment Number 2
4/1/2025
13
Yea
29
Nay
0
Not Voting
3
Absent
Result: FAILED
House: Passage Of Bill
2/12/2025
94
Yea
11
Nay
8
Not Voting
9
Absent
Result: PASSED

Status Information

Current Status
Engrossed(2/13/2025)
Chamber
House of Representatives

Documents

Introduced
Bill Text4/9/2025364.0 KB
Amended
Bill Text4/9/2025727.7 KB
Introduced
Bill Text4/4/2025364.0 KB
Draft
Bill Text4/3/2025370.8 KB
Amended
Bill Text4/3/2025374.9 KB
Comm Sub
Bill Text4/1/2025301.7 KB
Comm Sub
Bill Text3/26/2025352.4 KB
Amended
Bill Text2/12/2025338.9 KB
Comm Sub
Bill Text2/6/2025480.9 KB
Introduced
Bill Text12/5/2024333.5 KB
Fiscal Note
Fiscal Note2/12/2025197.6 KB
Fiscal Note
Fiscal Note1/24/2025205.3 KB