House Amendment 14
H 5118 - Session 125 (2023-2024)
Electrical Utilities, Electricity Regulation, and Economic Development
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Rep. J. L. Johnson proposes the following amendment (LC-5118.CM0018H):

Amend the bill, as and if amended, SECTION 15, by striking Section 58-40-10(C)(2)(a)(ii) and (iii) and inserting:

    (ii) after June 1, 2024, not more than or one hundred percent of contract demand for a nonresidential customer, provided the customer-generator is on a time-of-use rate schedule and any excess energy produced by the customer-generator is credited and reset at the end of each monthly period; or
    

Amend the bill further, SECTION 25, Section 58-43-20, by adding a subsection to read:

 (L)(1) A qualifying customer may contract with a third party to procure electrical generation that is generated from a renewable energy facility.
  (1) The qualifying customer's assigned electrical utility, as assigned by the Territorial Assignment Act or modified by order of the commission, must allow the qualifying customer to wheel generation from a renewable energy facility to the qualifying customer's premise.
  (2) If wheeling power, the qualifying customer must pay its utility a cost to wheel the power not to exceed the incremental cost the utility incurs to transport the generated electricity from the renewable energy facility to the qualifying customer's premise.
  (3) If a qualifying customer purchases electricity generated from a renewable energy facility and does not utilize that electricity, it may redeem its purchase for a renewable energy credit that may be sold.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 37, Title 58 of the S.C. Code is amended by adding:

 Section 58-37-65. (A) In order to promote economic development and protect public health and the environment, it is the policy of this State to encourage development of low-carbon and carbon-free energy sources as part of an "all of the above" statewide transition to a carbon-neutral economy.
 (B) In order to promote economic development and protect the continued long-term reliability of electric service, it is in the public interest of the State to assist electrical utilities in their planned transition to pursue a low-carbon and carbon-free energy portfolio that:
  (1) significantly accelerates demand side management and energy efficiency activities to reduce energy usage;
  (2) significantly increases solar energy generation;
  (3) significantly increases battery storage facilities;
  (4) accelerates the development of wind energy generation; and
  (5) assists utilities in their planned transition away from coal-fired electricity generation.
 (C) Each activity pursued under Section 58-37-65(B) must reasonably balance economic development benefits, resource adequacy needs, emissions reduction levels, potential risks and costs to ratepayers, and otherwise complies with all other legal requirements
 (D) Activities pursued under Section 58-37-65 (B) must maximize the use of available clean energy.
 (E) To further the efforts enumerated in this Section, the Office of Regulatory Staff shall establish a "Statewide Emissions Reduction Goal" for carbon dioxide or equivalent greenhouse gasses emitted in the State from electric generating facilities owned or operated by any electric utility or the South Carolina Public Service Authority. In developing the Statewide Emissions Reduction Goal, the staff shall consider:
  (1) the emissions reductions goals of electric utilities and the South Carolina Public Service Authority;
  (2) demands of commercial and industrial customers that would provide a goal sufficient to encourage investment in South Carolina due to the ability to meet business emissions reduction goals;
  (3) scientific data regarding the needs of reducing emissions for public health and welfare;
  (4) current and pending federal regulatory requirements for emissions reductions; and
  (5) limitations that may affect fuel sources, including, but not limited to, limitations on fuel supply, transportation limitations and costs, market pressures, heightened environmental standards, and associated volatility in fuel rates.
 (F) In developing the emissions reductions plan, the department shall evaluate:
  (1) an eighty percent (80%) reduction of CO2 from 2005 levels by the year 2035;
  (2) carbon neutrality by the year 2050, where "carbon neutrality" means for every ton of CO2 or equivalent greenhouse gasses emitted in the State from electric generating facilities or gas transmission facilities owned or operated by or on behalf of electric public utilities, an equivalent amount of CO2 is reduced, removed, prevented, or offset, provided that the offsets are verifiable and do not exceed five percent (5%) of the total reduction to achieve carbon neutrality; and
  (3) closing all coal-fired generation serving South Carolina customers by 2035.