South Carolina H 5215: Data Center Utility Costs

Bill Text

2025-2026 Bill 5215 Text of Previous Version (Feb. 24, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5215

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 RATEPAYER PROTECTION 
AND LARGE LOAD CUSTOMER INFRASTRUCTURE ACCOUNTABILITY ACT" BY ADDING CHAPTER 44 
TO TITLE 58 SO AS TO PROVIDE DEFINITIONS, PROHIBIT INCREMENTAL COSTS RESULTING 
FROM LARGE LOAD CUSTOMERS TO BE RECOVERED FROM CUSTOMERS IN ANOTHER CUSTOMER 
CLASS; TO ESTABLISH CONTRACT REQUIREMENTS BETWEEN LARGE LOAD CUSTOMERS AND 
ELECTRICAL UTILITIES; TO ESTABLISH REVIEW STANDARDS FOR THE PUBLIC SERVICE 
COMMISSION; AND TO REQUIRE ANNUAL REPORTS FROM LARGE LOAD CUSTOMERS; BY ADDING 
SECTION 13-1-80 SO AS TO ESTABLISH REQUIREMENTS REGARDING INCENTIVES THAT MAY 
BE OFFERED TO POTENTIAL LARGE LOAD CUSTOMERS; BY ADDING SECTION 6-29-550 SO AS 
TO ESTABLISH REQUIREMENTS REGARDING PUBLIC NOTICE, PUBLIC HEARINGS, AND LOCAL 
GOVERNMENTAL CERTIFICATIONS CONCERNING PLANNING AND ZONING PRIOR TO THE RECEIPT 
OF CERTAIN PERMITS OR INCENTIVES; AND BY ADDING SECTION 49-1-100 SO AS TO 
REQUIRE POTENTIAL LARGE LOAD CUSTOMERS TO PROVIDE PLANS REGARDING WATER RESOURCES 
AND ANNUAL REPORTING REQUIREMENTS TO THE DEPARTMENT OF ENVIRONMENTAL SERVICES, 
AND TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO VERIFY WATER USAGE 
CONTINGENCY PLAN ADHERENCE IN THE EVENT OF A DROUGHT.

Whereas, large electric 
loads could require new generation, transmission, and distribution, creating 
the risk of cost-shifting to an electrical utility's existing customers; and

Whereas, the General 
Assembly has a compelling interest to ensure rate payer neutrality and prevent 
stranded costs; and

Whereas, any governmental 
incentive offered to entities with large electric loads must be transparent, 
performance-based, and auditable; and

Whereas, projects 
should not impose disproportionate environmental burdens on already 
overburdened communities; and

Whereas, the State 
welcomes investment but requires investment to be self-supporting and 
accountable. Now, therefore,

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

SECTION 1. This act may be cited as the "South Carolina Ratepayer Protection and Large 
Load Customer Infrastructure Accountability Act."

SECTION 2. Title 58 of the S.C. Code is amended by adding:

CHAPTER 44

South Carolina Ratepayer Protection and Large Load 
Customer Infrastructure Accountability Act

 Section 
58-44-10. For purposes of this chapter:

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

 (2) "Data 
center" means any facility over five thousand square feet that houses computer 
systems, servers, networking equipment, or storage systems, whether for 
commercial, governmental, or private use, and includes colocation centers and 
modular or containerized data units located on the same parcel.

 (3) 
"Electrical utility" has the same meaning as provided in Section 58-27-10(7) as 
well as the South Carolina Public Service Authority.

 (4) 
"Large load customer" means any electrical customer with a projected peak 
demand of a minimum of 50MW or as otherwise established by a Public Service 
Commission rule.

 (5) 
"Qualifying utility infrastructure" means any infrastructure for the 
generation, transmission, or distribution of electricity. This includes, but is 
not limited to, substations, interconnection facilities, and network upgrades.

 (6) "Ratepayer 
neutrality" means no incremental costs attributable to a large load customer's project 
are borne by nonparticipating customer classes.

 (7) 
"Stranded costs" means unrecovered investments made by the electrical utility 
to serve the large load customer's project resulting from the project's termination 
or reduction of the project's electrical demand.

 Section 
58-44-20. An electrical utility shall not recover any incremental costs 
incurred to serve a large load customer from customers in another customer 
class.

 Section 
58-44-30. (A) Prior to receiving 
electrical service, a large load customer must enter into a contract with the 
electrical utility that must be approved by the commission. The contract 
provisions must include, but not be limited to:

 (1) 
identification of all new facilities and all upgrades to its existing 
facilities in order for the electrical utility to meet the large load 
customer's electrical needs;

 (2) 
an agreement that the large load customer will either:

 (a) 
participate in the electrical utility's demand response program so that the large 
load customer's electrical use may be curtailed during emergencies; or

 (b) 
pay an increased amount for firm service to reflect additional reliability 
costs;

 (3) 
establishment of a minimum electric service threshold, for a period of no less 
than twenty y