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H 3659 - Enacts the South Carolina Energy Freedom Act

Tracking Level: Of Interest
Sponsor: Peter McCoy
Last Action: 6/5/2019 - Act No. 62
House Committee: LCI
Senate Committee: Judy
Assigned To:
ElectricNext Bill
UtilitiesNext Bill

Staff Analysis of the Legislation

04.09.2019 The Senate Judiciary Committee gave this bill a favorable report as amended. The amendment requires electric cities to submit integrated resource plans to the State Energy Office. If elements of the required integrated resource plan do not pertain to cities, those elements do not have to be included in the plan.
04.02.2019 The Senate Judiciary Committee carried this bill over.
03.28.2019 A Senate Judiciary subcommittee gave this bill a favorable report as amended. The amendment clarifies that there is a rebuttable presumption that fixed price contracts with a minimum term of 10 years are commercially reasonable and in the public interest.
03.20.2019 A Senate Judiciary subcommittee carried this bill over.
02.14.2019 The House Labor, Commerce and Industry Committee gave this bill a favorable report as amended. The amendment provides protections to senior consumers to be administered by the Office of Regulatory Staff.
02.13.2019 The House Labor, Commerce and Industry Public Utilities subcommittee gave this bill a favorable report as amended. The amendment clarifies the procedure and parameters for electric utilities and solar users to enter into power purchase agreements.
02.07.2019 The House Labor, Commerce and Industry Public Utilities subcommittee carried this bill over.
Summary of the bill as introduced: Enumerates specific rights owed to every electric utility customer in South Carolina.

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Session 123 - (2019-2020)Printer Friendly
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H*3659 (Rat #0082, Act #0062 of 2019) General Bill, By McCoy, Rose, Ballentine, Wooten, W. Newton, Mack, Sottile, Clary, Erickson, Herbkersman, Pendarvis, Stavrinakis, Ott, Gilliard, Bennett, Caskey, Murphy, Bernstein, Mace, Young, Garvin, Cobb-Hunter, Norrell, Thigpen, Hyde, Jefferson, R. Williams, Funderburk, Huggins, Anderson, Hardee, Cogswell, Tallon, Sandifer, West, Gagnon, Forrester, Blackwell, Spires, Calhoon, B. Cox, Elliott, Morgan, Loftis, Bradley, Willis, Toole, Henderson-Myers, Daning and B. Newton
Similar (S 0332)
Summary: SC Energy Freedom Act
    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41 TO TITLE 58 ENTITLED "RENEWABLE ENERGY PROGRAMS" SO AS TO DEFINE RELEVANT TERMS, TO PROVIDE REVIEW AND APPROVAL PROCEEDINGS BY THE PUBLIC SERVICE COMMISSION FOR ELECTRICAL UTILITIES' AVOIDED COST METHODOLOGIES, STANDARD OFFERS, FORM CONTRACTS, AND COMMITMENT TO SELL FORMS, AND TO ESTABLISH VOLUNTARY RENEWABLE ENERGY PROGRAMS; BY ADDING SECTION 58-27-845 SO AS TO ENUMERATE SPECIFIC RIGHTS OWED TO EVERY ELECTRICAL UTILITY CUSTOMER IN SOUTH CAROLINA; TO AMEND SECTION 58-40-10, RELATING TO DEFINITIONS APPLICABLE TO NET ENERGY METERING, SO AS TO REVISE THE DEFINITION OF "CUSTOMER-GENERATOR", AND TO DEFINE "SOLAR CHOICE METERING MEASUREMENT"; TO AMEND SECTION 58-40-20, RELATING TO NET ENERGY METERING RATES, SO AS TO DECLARE THE INTENT OF THE GENERAL ASSEMBLY, TO REQUIRE NET ENERGY METERING, AND TO ESTABLISH ADDITIONAL REQUIREMENTS FOR THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 58-27-2610, RELATING TO LEASES OF RENEWABLE ELECTRIC GENERATION FACILITIES, SO AS TO, AMONG OTHER THINGS, REMOVE THE SOLAR LEASING CAP; TO AMEND SECTION 58-37-40, RELATING TO INTEGRATED RESOURCE PLANS, SO AS TO, AMONG OTHER THINGS, ESTABLISH MANDATORY CONTENTS OF INTEGRATED RESOURCE PLANS AND PROVIDE FOR CERTAIN REPORTING REQUIREMENTS; BY ADDING SECTION 58-37-60 SO AS TO AUTHORIZE AN INDEPENDENT STUDY TO EVALUATE THE INTEGRATION OF RENEWABLE ENERGY AND EMERGING ENERGY TECHNOLOGIES INTO THE ELECTRIC GRID; TO AMEND SECTION 58-33-110, RELATING TO REQUIRED PRECONSTRUCTION CERTIFICATIONS FOR MAJOR UTILITY FACILITIES, SO AS TO PROVIDE THAT A PERSON MAY NOT BEGIN CONSTRUCTION OF A MAJOR UTILITY FACILITY WITHOUT FIRST HAVING MADE A DEMONSTRATION THAT THE FACILITY TO BE BUILT HAS BEEN COMPARED TO OTHER GENERATION OPTIONS IN TERMS OF COST, RELIABILITY, AND OTHER REGULATORY IMPLICATIONS DEEMED LEGALLY OR REASONABLY NECESSARY FOR CONSIDERATION BY THE COMMISSION; TO AMEND SECTION 58-27-460, RELATING TO THE PROMULGATION OF STANDARDS FOR INTERCONNECTION OF RENEWABLE ENERGY, SO AS TO, AMONG OTHER THINGS, REQUIRE THE PUBLIC SERVICE COMMISSION TO PERIODICALLY REVIEW THE STANDARDS FOR INTERCONNECTION AND PARALLEL OPERATION OF GENERATING FACILITIES TO AN ELECTRICAL UTILITY'S DISTRIBUTION AND TRANSMISSION SYSTEM; BY ADDING SECTION 58-27-2660 SO AS TO REQUIRE THE OFFICE OF REGULATORY STAFF AND THE DEPARTMENT OF CONSUMER AFFAIRS TO DEVELOP CONSUMER PROTECTION REGULATIONS REGARDING THE SALE OR LEASE OF RENEWABLE ENERGY GENERATION FACILITIES; TO AMEND SECTION 58-4-10, AS AMENDED, RELATING TO THE OFFICE OF REGULATORY STAFF, SO AS TO PROVIDE THAT THE OFFICE OF REGULATORY STAFF MUST BE CONSIDERED A PARTY OF RECORD IN ALL FILINGS, APPLICATIONS, OR PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION; AND TO AMEND SECTION 58-4-100, RELATING TO THE EMPLOYMENT OF EXPERT WITNESSES, SO AS TO EXEMPT THE OFFICE OF REGULATORY STAFF FROM THE STATE PROCUREMENT CODE IN THE SELECTION AND EMPLOYMENT OF CERTAIN EXPERT WITNESSES AND THIRD-PARTY CONSULTANTS. - ratified title
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01/17/19House Introduced and read first time (House Journal-page 7)
01/17/19House Referred to Committee on Labor, Commerce and Industry (House Journal-page 7)
01/22/19House Member(s) request name added as sponsor: Bernstein, Mace
01/29/19House Member(s) request name removed as sponsor: B.Newton
01/29/19House Member(s) request name added as sponsor: Young
01/31/19House Member(s) request name added as sponsor: Garvin, Cobb-Hunter, Norrell
02/05/19House Member(s) request name added as sponsor: Thigpen
02/07/19House Member(s) request name added as sponsor: Hyde, Jefferson, R.Williams
02/12/19House Member(s) request name added as sponsor: Funderburk
02/13/19House Member(s) request name added as sponsor: Huggins
02/14/19House Member(s) request name added as sponsor: Anderson, Hardee, Cogswell, Tallon, Sandifer, West, Gagnon, Forrester, B.Newton, Blackwell, Spires, Calhoon
02/14/19House Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 23)
02/15/19 Scrivener's error corrected
02/19/19 Scrivener's error corrected
02/19/19House Member(s) request name added as sponsor: B.Cox, Elliott, Morgan, Loftis
02/20/19House Member(s) request name added as sponsor: Bradley, Willis, Toole
02/21/19House Member(s) request name added as sponsor: Henderson-Myers, Daning
02/21/19House Amended (House Journal-page 25)
02/21/19House Read second time (House Journal-page 25)
02/21/19House Roll call Yeas-110 Nays-0 (House Journal-page 54)
02/21/19House Unanimous consent for third reading on next legislative day (House Journal-page 56)
02/22/19House Read third time and sent to Senate (House Journal-page 2)
02/22/19 Scrivener's error corrected
02/26/19Senate Introduced and read first time
02/26/19Senate Referred to Committee on Judiciary
03/15/19Senate Referred to Subcommittee: Gambrell (ch), Hutto, Massey, Sabb, Climer
04/10/19Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 279)
05/02/19Senate Read second time (Senate Journal-page 52)
05/08/19Senate Committee Amendment Adopted (Senate Journal-page 17)
05/08/19Senate Amended (Senate Journal-page 17)
05/08/19Senate Read third time and returned to House with amendments (Senate Journal-page 17)
05/08/19Senate Roll call Ayes-46 Nays-0 (Senate Journal-page 17)
05/09/19House Concurred in Senate amendment and enrolled (House Journal-page 91)
05/09/19House Roll call Yeas-103 Nays-0 (House Journal-page 93)
05/13/19 Ratified R 82
05/16/19 Signed By Governor
05/31/19 Effective date 05/16/19
06/05/19 Act No. 62


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