South Carolina H 5440: DJ Burns ACC Tournament MVP

Bill Text

2025-2026 Bill 5440 Text of Previous Version (Jun. 04, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5440

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Title 58 of the S.C. Code is amended by adding:

CHAPTER 32

Third-Party Electric Suppliers

 Section 
58-32-10. For purposes of this chapter:

 (1) 
"Commission" means the Public Service Commission.

 (2) 
"Customer-sited generation" means an electric generation facility, or 
combination of electric generation facilities, located on an eligible customer's 
premises and on the eligible customer's side of the delivery point with a 
nameplate capacity that does not exceed the eligible customer's estimated 
maximum demand for electric service and that is solely for the use of the 
eligible customer. For purposes of this chapter, an owner of customer-sited 
generation shall not be considered an electrical utility as defined in Section 
58-27-10(7).

 (3) 
"Delivery point" means the point where the facilities of the incumbent electric 
supplier make physical contact with the facilities of the eligible customer.

 (4) 
"Distribution services" means electric distribution services, along with any 
other services required to safely and reliably deliver electric energy.

 (5) 
"Distribution tariff" means the tariff filed with the commission or the rules 
otherwise governing electric distribution services provided by an incumbent 
electric supplier.

 (6) 
"Electric generation facility" means a facility for generating electric power, 
including renewable electric generation facilities and generation facilities 
qualifying under the Public Utility Regulatory Policies Act of 1978 (PURPA), 
Public Law 95-617, as amended.

 (7) 
"Electric power" means electric energy, electric capacity or generation-related 
ancillary services or any combination thereof.

 (8) 
"Electric supplier" shall have the same meaning as in Section 58-27-610(1) and 
shall also include the South Carolina Public Service Authority.

 (9) 
"Eligible customer" means a new or existing individual nonresidential retail 
electric customer that has an estimated maximum demand for electric service of 
at least 100 kW at a single delivery point.

 (10) 
"Full-requirements contract" is a contract whereby the eligible customer agrees 
to purchase from an electric supplier all of their supply needs from or through 
the electric supplier, regardless of quantity under contractual terms specific 
in this contract.

 (11) 
"Incumbent electric supplier" means an electric supplier or other person or 
corporation that, pursuant to Article 5, Chapter 27, Title 58 furnishes or has 
the right to furnish electric service to the eligible customer's premises.

 (12) 
"Premises" means the building, structure, or facility to which electricity is 
being or is to be furnished provided that two or more buildings, structures, or 
facilities which are located on one tract or contiguous tracts of land and are 
utilized by one electric consumer for farming, business, commercial, 
industrial, institutional, or governmental purposes, shall together constitute 
one "premises," except that any such building, structure, or facility shall 
not, together with any other building, structure, or facility, constitute one "premises" 
if the electric service to it is separately metered and the charges for such 
service are calculated independently of charges for service to any other 
building, structure, or facility.

 (13) 
"Renewable electric generation facility" means a facility generating electric 
power from solar photovoltaic resources, wind resources, hydroelectric 
resources, geothermal resources, tidal and wave energy resources, hydrogen fuel 
derived from renewable resources, combined heat and power derived from 
renewable resources, or biomass resources, or any combination thereof. 
Renewable electric generation facility also includes an electrical energy 
storage system if the energy stored is generated from one of the resources 
enumerated in this item.

 (14) 
"Standby electric service rate" means a rate offered by the incumbent electric 
supplier to provide replacement energy to an eligible customer