South Carolina H 4785: School Safety and Hazard Buffer Act

Bill Text

2025-2026 Bill 4785 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4785

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 ENACTING THE 
"SCHOOL SAFETY AND HAZARD BUFFERS ACT"; BY ADDING ARTICLE 5 TO CHAPTER 23, 
TITLE 59, SO AS TO ESTABLISH MINIMUM SCHOOL SAFETY SETBACKS FROM INDUSTRIAL, 
MANUFACTURING, AND HAZARDOUS MATERIAL FACILITIES, TO DEFINE TERMS, TO PROHIBIT 
THE CONSTRUCTION OR OPERATION OF FACILITIES HANDLING DANGEROUS SUBSTANCES 
WITHIN CERTAIN DISTANCES OF ANY PUBLIC SCHOOL, TO REQUIRE PUBLIC NOTICE AND 
TRANSPARENCY, TO PROVIDE FOR ENFORCEMENT AND PENALTIES, AND TO DIRECT THE 
DEPARTMENT OF ENVIRONMENTAL SERVICES TO PROMULGATE REGULATIONS.

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

SECTION 1. This act may be cited as the "School Safety and Hazard Buffers Act."

SECTION 2. Chapter 23, Title 59 of the S.C. Code is amended by 
adding:

Article 5

School Safety and Hazard Buffers

 Section 
59-23-510. The General Assembly finds:

 (1) 
South Carolina's continued industrial and economic growth has led to an 
increase in the number of manufacturing and processing facilities located near 
residential areas and schools.

 (2) 
Many industrial, advanced manufacturing, and storage facilities use, process, 
or store hazardous substances that can pose immediate or long-term risks to 
public health and safety, including fire, explosion, air or water 
contamination, or toxic exposure.

 (3) Children 
are particularly vulnerable to these risks due to their developing lungs, 
immune systems, and susceptibility to environmental pollutants.

 (4) Certain 
facilities, such as those involved in solar panel, semiconductor, and battery 
manufacturing, or any process involving acids, bases, flammable gases, toxic 
chemicals, radioactive materials, or biological hazards, may not be classified 
as "heavy industrial" under local zoning, yet still create substantial danger.

 (5) It 
is the intent of the General Assembly to ensure a safe and reasonable buffer 
zone between any school and any facility that poses environmental, chemical, 
biological, explosive, or radiological risks; to close zoning loopholes that 
allow hazardous operations near schools; and to promote public transparency and 
safety for all South Carolinians, especially children.

 Section 
59-23-520. For purposes of this section:

 (1) 
"Department" means the Department of Environmental Services.

 (2) 
"School" means any public or private K-12 school, including its buildings, 
playgrounds, athletic fields, transportation facilities, or other property 
owned, leased, or controlled by a school district for student instruction, 
athletics, or activities.

 (3) 
"Property boundary of a school" means the outer perimeter of any parcel owned, 
leased, or used by a school.

 (4) 
"Industrial facility" means any site engaged in manufacturing, processing, 
assembly, storage, distribution, or waste handling that uses or produces 
chemicals, fuels, solvents, or other hazardous materials including, but not 
limited to:

 (a) 
chemical processing or blending plants;

 (b) 
petroleum, gas, or fuel storage or transfer terminals;

 (c) 
plastics, rubber, or synthetic material manufacturing;

 (d) 
metal plating, coating, or finishing operations;

 (e) 
food or agricultural chemical manufacturing;

 (f) 
paint, adhesive, or solvent manufacturing or storage;

 (g) 
waste treatment, incineration, or disposal facilities; or

 (h) 
similar operations that generate, store, or use hazardous materials.

 (5) 
"Advanced manufacturing facility" means a facility engaged in high-technology 
or precision manufacturing that involves the use of chemicals or materials that 
may be toxic, flammable, reactive, corrosive, or explosive including, but not 
limited to:

 (a) 
solar panel or photovoltaic cell manufacturing;

 (b) 
semiconductor or microchip fabrication;

 (c) 
battery or energy storage system production;

 (d) 
aerospace component manufacturing; or

 (e) 
chemical or materials research and development involving regulated substances.

 (6) 
"Hazardous facility" means any site, building, or structure where hazardous 
materials are used, manufactured, stored, processed, or transported in 
quantities that may present a risk to public health or safety, including:

 (a) 
facilities subject to the federal Emergency Planning and Community 
Right-to-Know Act (EPCRA), 42 U.S.C. Section 11001, et seq.;

 (b) 
facilities regulated under the Environmental Protection Agency (EPA) Risk 
Management Program, 40 C.F.R. Part 68;

 (c) 
facilities possessing chemicals of interest as listed in the Appendix A of the 
Department of Homeland Security Chemical Facility Antiterrorism Standards, 6 C.F.R. 
Section 27;

 (d) 
facili