South Carolina H 5439: Electricity Retail Choice

Bill Text

2025-2026 Bill 5439 Text of Previous Version (Mar. 26, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5439

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 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRIC RETAIL CHOICE 
ACT" BY ADDING CHAPTER 46 TO TITLE 58 SO AS TO PERMIT RESIDENTIAL AND SMALL 
COMMERCIAL CUSTOMERS TO CHOOSE THEIR ELECTRIC GENERATION SUPPLIER; TO PROHIBIT COMPETITIVE 
ELECTRIC GENERATION SERVICE WITHOUT A PERMIT FROM THE PUBLIC SERVICE COMMISSION 
AND REQUIRE SUPPLIERS TO PROVIDE CLEAR AND ACCURATE INFORMATION REGARDING ITS 
RATES, TERMS, AND ENVIRONMENTAL ATTRIBUTES; TO REQUIRE THE PUBLIC SERVICE 
COMMISSION TO ADOPT RULES AND REGULATIONS FOR ELECTRIC SUPPLIERS AND FOR THE 
IMPLEMENTATION OF THIS CHAPTER, AND TO ESTABLISH A CUSTOMER COMPLAINT PROCESS; 
TO ESTABLISH REQUIREMENTS FOR ELECTRIC DISTRIBUTION COMPANIES AND ELECTRICAL 
UTILITIES; TO PERMIT THE PUBLIC SERVICE COMMISSION TO APPROVE NONBYPASSABLE 
CHARGES TO RECOVER STRANDED COSTS AND PUBLIC POLICY PROGRAM EXPENSES, AND TO 
ENSURE FUNDING FOR AND SUPPLIER PARTICIPATION IN CERTAIN PROGRAMS.

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

SECTION 1. This act may be cited as the "South Carolina Electric Retail Choice 
Act."

SECTION 2. The General Assembly finds that:

 (1) Retail 
electric competition can provide consumers with lower costs, innovative 
products, and renewable energy options.

 (2) Opening the electricity 
market for residential and small commercial customers must be executed in a 
manner to preserve reliability, universal service, and consumer protections.

SECTION 3. Title 58 of the S.C. Code is amended by adding:

CHAPTER 46

Electric Retail Choice

 Section 
58-46-10. For purposes of this chapter:

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

 (2) 
"Electric distribution company" means an investor-owned electrical utility 
providing wires service within South Carolina.

 (3) 
"Eligible customer" means any residential or small commercial customer as 
defined by commission rule.

 (4) 
"Retail choice" means the ability of an eligible customer to purchase electric 
generation service from a supplier other than the incumbent electrical utility.

 (5) 
"Supplier" means a person or entity licensed by the commission to provide 
competitive electric generation service.

 Section 
58-46-20. Beginning on January 1, 2028, all residential and small commercial 
customers shall have the right to choose their electric generation supplier. Incumbent 
electrical utilities shall continue to provide regulated distribution service 
and default generation service for customers who do not select a supplier.

 Section 
58-46-30. (A) No person shall 
provide competitive electric generation service without a license granted by 
the commission.

 (B) 
The commission shall adopt rules for licensing, financial security, consumer 
protection, and disclosure requirements for suppliers.

 Section 
58-46-40. (A) Suppliers shall 
provide clear and accurate information regarding its rates, terms, and 
environmental attributes.

 (B) Any 
customer shall have the right to rescind a retail choice contract within seven 
business days of enrollment without penalty.

 (C) 
The commission shall establish a customer complaint resolution process and 
shall enforce marketing standards for suppliers.

 Section 
58-46-50. (A) Electric distribution 
companies shall provide nondiscriminatory access to their wires for all 
suppliers.

 (B) Electrical 
utilities shall offer consolidated billing and maintain reliability and safety 
of the distribution system.

 (C) 
The commission may approve nonbypassable charges to recover stranded costs and 
public policy program expenses.

 Section 
58-46-60. The commission shall ensure continued funding for low-income 
assistance and energy efficiency programs and suppliers shall participate in 
such programs as directed by the commission.

 Section 
58-46-70. The commission shall promulgate regulations in accordance with the 
terms of this chapter.

SECTION 4. Within eighteen months from the effective date of this 
act, the commission must promulgate its initial regulations to implement the 
provisions of this act. These regulations must include:

 (1) supplier 
licensing standards;

 (2) consumer 
protection rules;

 (3) tariff and 
billing protocols; and

 (4) stranded costs 
recovery mechanisms.

SECTION 5. This act takes effect upon approval 
by the Governor.

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This web page was last updated on March 26, 2026 at 12:01 PM