Indicates Matter Stricken

Indicates New Matter

Amended

May 07, 2024

H. 5118

Introduced by Reps. G. M. Smith, West, Davis, Hager, Hewitt, Kirby, Long, M. M. Smith, B. Newton, Pendarvis, Sandifer, Hiott, Landing, Crawford, Brittain, Lawson, Williams, Whitmire, Jefferson, Bustos, Hartnett, Carter, Blackwell, Neese, W. Newton, Bradley, Erickson, Murphy, Brewer, Yow, Mitchell, Connell, Jordan, Thayer, Elliott, Wooten, Pedalino, Bailey, T. Moore, McGinnis, Gatch, Ligon, Gagnon, Hardee, B. L. Cox, Chapman, Leber, Anderson, Bannister, Calhoon, Felder, Hixon, Lowe, Taylor, Thigpen, Willis and Pope

S. Printed 05/07/24--S.                                                                            [SEC 5/8/2024 2:22 PM]

Read the first time April 2, 2024

________

A bill

To amend the South Carolina Code of Laws by enacting the "South Carolina Ten-Year Energy Transformation Act"; By amending Section 58-3-20, relating to the membership, election, and qualifications of the public service commission, so as to change the number of commissioners from seven to three to be elected by the General Assembly from the state at large; By amending section 58-3-140, relating to the Public Service Commission's powers to regulate public utilities, so as to establish considerations and state policy for the commission's decision-making process, to establish a schedule for certain testimony and discovery in contested proceedings, to permit electrical utility customers to address the commission as public witnesses, and to establish requirements for an independent third-party consultant hired by the commission; By amending section 58-3-250, relating to service of orders and decisions on parties, so as to make a technical change; By amending Section 58-4-10, relating to the office of regulatory staff and its representation of public interest before the commission, so as to establish its considerations for public interest; By adding Section 58-4-150 so as to require the office of regulatory staff to prepare a comprehensive state energy assessment and action plan and to establish requirements for this plan; by adding Chapter 38 to Title 58 so as to establish the South Carolina Energy Policy Institute; by adding Section 58-33-195 so as to encourage Dominion Energy, the Public Service Authority, Duke Energy Carolinas, and Duke Energy Progress to evaluate certain electrical generation facilities and provide for considerations related to these facilities; By adding Section 58-31-205 so as to permit the Public Service Authority to jointly own electrical generation and transmission facilities with investor-owned electric utilities, and to provide requirements for joint ownership; By amending Section 58-27-650, relating to reassignment of electric suppliers' service areas, so as to permit the commission to approve a request for any electric supplier to serve any transformational economic development project customer under certain conditions; by amending Article 9 of Chapter 7, Title 13, relating to the Governor's nuclear advisory council, so as to as establish the council in the office of regulatory staff, to provide for its duties and membership, and to provide for the council's director; by amending Section 37-6-604, relating to the consumer advocate's intervention on matters filed at the commission, so as to transfer these duties to the Office of Regulatory Staff; By adding Section 58-33-196 so as to encourage consideration of deployment of nuclear facilities and to provide related requirements; By adding Section 58-37-70 so as to permit a small modular nuclear pilot program and to establish requirements; By adding Article 3 to Chapter 37, Title 58 so as to provide for state agency review of energy infrastructure project applications and to provide a sunset; by amending Section 58-40-10, relating to the definition of "customer-generator", so as to establish characteristics for a "customer-generator"; by amending Section 58-41-30, relating to voluntary renewable energy programs, so as to provide additional requirements and considerations for these programs; by amending Section 58-41-10, relating to definitions, so as to add the definition of "energy storage facilities"; by amending Section 58-41-20, relating to proceedings for electrical utilities' avoided cost methodologies and related processes, so as to authorize competitive PROCUREMENT programs for renewable energy, capacity, and storage, to permit competitive procurement of new renewable energy capacity and establish requirements for non-competitive procurement programs, and to delete language regarding the commission hiring third-party experts for these proceedings; by adding Section 58-41-25 so as to provide for a process for competitive procurement of renewable energy facilities; by amending Section 58-33-20, relating to definitions, so as to add the definition "like facility"; by amending Article 3 of Chapter 33, Title 58, relating to certification of major utility facilities, so as to provide for a like facility, to establish requirements and considerations for proposed facilities, to provide what actions may be taken without permission from the commission, and technical changes; By amending Section 58-37-40, relating to integrated resources plans, so as to add consideration of a utility's transmission and distribution resource plan, to establish procedural requirements and evaluation by the commission, and require parties to bear their own costs; By amending Section