South Carolina S 867: Data Center Development

Bill Text

2025-2026 Bill 867 Text of Previous Version (May. 06, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 867

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter 
Stricken

Indicates New Matter

Committee Report

April 28, 2026

S. 867

Introduced by Senators Davis, Kimbrell, Garrett, 
Sutton, Walker, Blackmon, Turner, Zell, Kennedy and Devine 

S. Printed 4/28/26--S. [SEC 
5/6/2026 10:24 AM]

Read the first time January 29, 2026

________

The committee on Senate Agriculture 
and Natural Resources

To whom was referred a Bill (S. 867) to amend 
the South Carolina Code of Laws so as to enact the "data center development 
act"; by adding Section 49-35-10 so as to define terms pertaining to data 
center, etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

WES CLIMER for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "DATA CENTER DEVELOPMENT ACT"; BY ADDING SECTION 49-35-10 SO AS TO DEFINE 
TERMS PERTAINING TO DATA CENTER DEVELOPMENT; BY ADDING SECTION 49-35-20 SO AS 
TO ESTABLISH THE DATA CENTER DEVELOPMENT OFFICE IN THE DEPARTMENT OF 
ENVIRONMENTAL SERVICES, TO PROVIDE FOR THE POWERS AND DUTIES OF THE OFFICE, TO 
ESTABLISH THE DATA CENTER INDUSTRY ADVISORY COMMITTEE, TO PROVIDE FOR THE 
ADVISORY COMMITTEE'S MEMBERSHIP, AND TO PROVIDE FOR THE ADVISORY COMMITTEE'S POWERS 
AND DUTIES; BY ADDING SECTION 49-35-30 SO AS TO REQUIRE A SITING PERMIT BEFORE 
A DATA CENTER MAY LOCATE A FACILITY AT A PARTICULAR LOCATION, TO PROVIDE FOR 
THE PERMIT APPLICATION PROCESS, AND TO PROVIDE FOR THE TIMELINE FOR 
CONSIDERATION OF APPLICATIONS; BY ADDING SECTION 49-35-40 SO AS TO PROVIDE FOR 
PERFORMANCE-BASED OPERATIONAL EFFICIENCY STANDARDS, WATER EFFICIENCY STANDARDS, 
AND TO REQUIRE ANNUAL REPORTS; BY ADDING SECTION 49-35-50 SO AS TO PROVIDE FOR 
INFRASTRUCTURE ADEQUACY ASSESSMENTS, TO PROVIDE FOR ENVIRONMENTAL IMPACT 
ASSESSMENTS, AND TO PROVIDE FOR REASONABLE BUFFER REQUIREMENTS; BY ADDING 
SECTION 49-35-60 SO AS TO PROVIDE FOR THE PUBLIC SERVICE COMMISSION'S ROLE 
CONCERNING RATES, AGREEMENTS BETWEEN UTILITIES AND DATA CENTERS, AND COST ALLOCATION 
METHODOLOGIES; BY ADDING SECTION 49-35-70 SO AS TO PROVIDE FOR DECOMMISSIONING 
PLANS AND FINANCIAL ASSURANCES ASSOCIATED WITH DECOMMISSIONING; BY ADDING 
SECTION 49-35-80 SO AS TO PROVIDE FOR THE INTERACTION BETWEEN THE PROVISIONS OF 
THIS CHAPTER AND LOCAL GOVERNMENTS AND LOCAL GOVERNMENT LAND USE PLANNING; BY 
ADDING SECTION 49-35-90 SO AS TO REQUIRE DATA CENTERS TO IMPLEMENT REASONABLE 
MEASURES TO MINIMIZE NOISE, VIBRATION, AND LIGHT IMPACTS RESULTING FROM THEIR 
OPERATION; BY ADDING SECTION 49-35-100 SO AS TO PROVIDE PROTECTIONS FOR 
CONFIDENTIAL INFORMATION SHARED WITH THE OFFICE BY DATA CENTER OPERATORS; BY 
ADDING SECTION 49-35-110 SO AS TO CLARIFY THE INTERACTION BETWEEN THIS CHAPTER 
AND OTHER ENVIRONMENTAL LAWS; BY ADDING SECTION 49-35-120 SO AS TO PROVIDE FOR 
ENFORCEMENT AND PENALTIES; TO PROVIDE THAT THE PROVISIONS OF THIS CHAPTER ARE 
PROSPECTIVE; TO PROVIDE FOR REGULATIONS FROM THE DEPARTMENT OF ENVIRONMENTAL 
SERVICES; AND TO PROVIDE THAT FOR TWO YEARS AFTER ENACTMENT THE DEPARTMENT OF 
ENVIRONMENTAL SERVICES SHALL PRIORITIZE TECHNICAL ASSISTANCE AND GUIDANCE OVER 
ENFORCEMENT TO FACILITATE INDUSTRY TRANSITION TO THE NEW REQUIREMENTS.

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

SECTION 1. This act may be cited as the "Data Center Development Act".

SECTION 2. The General Assembly finds that:

 (1) Data centers 
represent critical infrastructure for the modern digital economy and provide 
significant economic benefits to South Carolina through substantial capital 
investment, high-quality job creation, tax revenue generation, and support of 
essential digital services.

 (2) South Carolina 
seeks to be a nationally competitive location for data center development by 
providing regulatory certainty, efficient permitting processes, and clear 
operational standards.

 (3) Data centers 
require extraordinary amounts of electricity, and traditional utility rate 
structures must be adapted to accommodate this new class of customer while 
ensuring existing ratepayers are protected from infrastructure cost allocation.

 (4) Clear, 
predictable, regulatory requirements benefit both data center operators and 
existing ratepayers by preventing disputes over cost allocation and 
establishing transparent expectations for facility development and operations.

 (5) Modern data 
center technologies offer significant opportunities for water conservation, 
energy efficiency, and environmental stewardship that should be encouraged 
through reasonable standards rather than prescriptive mandates.

 (6) Brownfield 
sites and previously developed industrial properties offer sign