Data Centers

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "DATA CENTER SITING ACT"; BY ADDING SECTION 58-44-10 SO AS TO DEFINE TERMS PERTAINING TO DATA CENTER SITING; BY ADDING SECTION 58-44-20 SO AS TO REQUIRE A CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION BEFORE A DATA CENTER MAY BEGIN OPERATIONS IN SOUTH CAROLINA AND TO PROVIDE FOR THE APPLICATION PROCESS;

BY ADDING SECTION 58-44-30 SO AS TO PROVIDE FOR THE CERTIFICATION PROCEEDING PROCESS; BY ADDING SECTION 58-44-40 SO AS TO PROVIDE FOR THE PARTIES TO A CERTIFICATION PROCEEDING; BY ADDING SECTION 58-44-50 SO AS TO PROVIDE FOR THE EVALUATIVE CRITERIA FOR CONSIDERATION OF AN APPLICATION;

BY ADDING SECTION 58-44-60 SO AS TO PROVIDE FOR THE CREATION OF A RECORD OF ANY HEARING AND TESTIMONY TAKEN CERTIFICATION PROCEEDING; BY ADDING SECTION 58-44-70 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR GRANTING OR DENYING AN APPLICATION; BY ADDING SECTION 58-44-80 SO AS TO PROVIDE FOR THE ISSUANCE OF AN ORDER BY THE COMMISSION;

BY ADDING SECTION 58-44-90 SO AS TO PROVIDE FOR OPERATIONAL EFFICIENCY STANDARDS; BY ADDING SECTION 58-44-100 SO AS TO PROVIDE FOR WATER EFFICIENCY STANDARDS; BY ADDING SECTION 58-44-110 SO AS TO PROVIDE FOR ANNUAL REPORTING ON COMPLIANCE WITH WATER EFFICIENCY STANDARDS AND OPERATIONAL EFFICIENCY STANDARDS;

BY ADDING SECTION 58-44-120 SO AS TO PROVIDE FOR INFRASTRUCTURE ADEQUACY ASSESSMENTS, TO PROVIDE FOR ENVIRONMENTAL IMPACT ASSESSMENTS, AND TO PROVIDE FOR REASONABLE BUFFER REQUIREMENTS; BY ADDING SECTION 58-44-130 SO AS TO PROVIDE FOR THE PUBLIC SERVICE COMMISSION'S ROLE CONCERNING RATES, AGREEMENTS BETWEEN UTILITIES AND DATA CENTERS, AND COST ALLOCATION METHODOLOGIES; BY ADDING SECTION 58-44-140 SO AS TO PROVIDE FOR DECOMMISSIONING PLANS AND FINANCIAL ASSURANCES ASSOCIATED WITH DECOMMISSIONING;

BY ADDING SECTION 58-44-150 SO AS TO PROVIDE FOR THE INTERACTION BETWEEN THE PROVISIONS OF THIS CHAPTER AND LOCAL GOVERNMENTS AND LOCAL GOVERNMENT LAND USE PLANNING; BY ADDING SECTION 58-44-160 SO AS TO REQUIRE DATA CENTERS TO IMPLEMENT REASONABLE MEASURES TO MINIMIZE NOISE, VIBRATION, AND LIGHT IMPACTS RESULTING FROM THEIR OPERATION; BY ADDING SECTION 58-44-170 SO AS TO PROVIDE PROTECTIONS FOR CONFIDENTIAL INFORMATION SHARED BY DATA CENTER OPERATORS;

BY ADDING SECTION 58-44-180 SO AS TO CLARIFY THE INTERACTION BETWEEN THIS CHAPTER AND OTHER ENVIRONMENTAL LAWS; BY ADDING SECTION 58-44-190 SO AS TO PROVIDE FOR ENFORCEMENT AND PENALTIES; TO PROVIDE FOR REGULATIONS FROM THE PUBLIC SERVICE COMMISSION, THE OFFICE OF REGULATORY STAFF, AND THE DEPARTMENT OF ENVIRONMENTAL SERVICES;

PROVIDE THAT FOR TWO YEARS AFTER ENACTMENT THE DEPARTMENT OF ENVIRONMENTAL SERVICES SHALL PRIORITIZE TECHNICAL ASSISTANCE AND GUIDANCE OVER ENFORCEMENT TO FACILITATE INDUSTRY TRANSITION TO THE NEW REQUIREMENTS; AUTHORIZE THE PUBLIC SERVICE COMMISSION TO CREATE A GENERIC DOCKET BY THE PUBLIC SERVICE COMMISSION TO IMPLEMENT THIS ACT AND DEVELOP REGULATIONS; AND PROVIDE FOR ANNUAL REPORTING BY THE PUBLIC SERVICE COMMISSION.