House Amendment 18
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.CM0030H):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Title 58 of the S.C. Code is amended by adding:

CHAPTER 38

Energy Generation Study Committee

 Section 58-38-10. (A) There is created the Energy Generation Study Committee. The Energy Generation Study Committee is comprised of the following members:
  (1) four members of the House of Representatives, all serving ex officio, appointed by the Chairman of the House Labor, Commerce and Industry Committee; one member shall be a customer of Dominion Energy, one member shall be a customer of Duke Energy, one member shall be a direct-serve customer of the Public Service Authority, and one member shall be a customer of an electric cooperative; and
  (2) four members of the Senate, all serving ex officio, appointed by the Chairman of the Senate Judiciary Committee; one member shall be a customer of Dominion Energy, one member shall be a customer of Duke Energy, one member shall be a direct-serve customer of the Public Service Authority, and one member shall be a customer of an electric cooperative.
 (B) The study committee shall meet as soon as practicable to organize and to elect one co-chairman from the Senate appointees and one co-chairman from the House appointees. The co-chairmen shall be elected by a majority vote of the study committee members.
 (C) The study committee shall include a nonvoting advisory board. The advisory board is comprised of:
  (1) a representative of the Office of Regulatory Staff;
  (2) a representative of the Office of the Consumer Advocate;
  (3) a representative of the Department of Natural Resources;
  (4) a representative of the Department of Health and Environmental Control;
  (5) a representative of Duke Energy Carolinas and/or Duke Energy Progress;
  (6) a representative of Dominion Energy South Carolina;
  (7) a representative of the Public Service Authority;
  (8) a representative of South Carolina Electric Cooperatives;
  (9) a representative of the Coastal Conservation League;
  (10) a representative of Conservation Voters of South Carolina;
  (11) a representative of the SC Chapter of the Sierra Club;
  (12) a representative of the South Carolina Solar Business Alliance;
  (13) a representative of a renewable power developer primarily engaged in the development of utility-scale solar projects;
  (14) a representative of a renewable power developer primarily engaged in the development of residential-rooftop solar projects;
  (15) a representative of a renewable power developer primarily engaged in the development of offshore wind projects;
  (16) a representative of a power developer primarily engaged in the development of battery storage projects; and
  (17) a representative of the farming or agricultural community.
 (D) The nonvoting advisory board members shall be permitted to utilize for study committee-related matters technical support staff, including outside consultants and counsel, from the entity that the member represents.

 Section 58-38-20. (A) The study committee shall:
  (1) study the energy generation needs of South Carolina and how to address these needs in the most cost-effective and timely manner while reducing greenhouse gas emissions and maintaining reliability;
  (2) study the energy transmission and distribution needs of South Carolina and how best to ensure transmission and distribution facilities that serve new or expanded generation facilities, including solar, battery, and fossil fuel based generation, are developed in the most cost-effective, timely, and environmentally sensitive manner while meeting the reliability and resiliency needs of South Carolina;
  (3) consider, but is not limited to, considering:
   (a) coal plant closures and replacement, including financing mechanisms such as securitization;
   (b) natural gas generation, including combustion turbines and combined cycle plants;
   (c) natural gas pipeline transmission and distribution needs to service generation facilities as well as residential, commercial, and industrial customers;
   (d) utility-scale and rooftop solar generation;
   (e) large-scale battery storage paired with solar generation;
   (f) standalone battery storage as a form of capacity and method for improving grid services;
   (g) offshore wind generation off South Carolina's coast or the coast of adjacent states that may still serve the needs of South Carolina energy users;
   (h) the feasibility of emerging technologies like small modular nuclear reactors and hydrogen-based generation;
   (i) improvements to South Carolina's electric transmission grid, including both physical infrastructure and improved planning capabilities;
   (j) energy efficiency enhancement opportunities, including how to improve its efficiency rankings compared with other states;
   (k) transmission permitting reforms enacted by other states in an effort to streamline development of transmission efforts to support the development of clean energy, including, but not limited to, reforms enacted in Michigan, Illinois, Washington, and New York; and
   (l) other topics deemed by the study committee and advisory board necessary to address questions in items (1) and (2);
  (4) evaluate the impacts of such generation capacity expansion, including, but not limited to: ratepayer bills, economic development, the environment, public health, energy system reliability, energy justice, and property rights.
 (B) By January 1, 2026, the study committee shall issue a report on its work to the General Assembly that may include recommendations that the State take action or not take action on any of the measures studied. A recommendation that the State take action shall be based on a finding by a majority of members that one or more reform measures is in the public interest, taking into consideration expected consumer costs and benefits, and is otherwise consistent with the provision of reliable, safe, and low-cost electric service to ratepayers in the State.
 (C) If the study committee recommends that the State take action, the report issued by the study committee shall include draft legislation and identify requirements that should be established, as applicable.

 Section 58-38-30. The study committee shall retain a third-party, independent, expert consultant or consultants to advise the study committee and issue its own opinion as to what reform measures studied, if any, benefit South Carolina consumers. The third-party, independent, expert consultant or consultants must be selected by the study committee. Engagements procured under this provision are exempt from the South Carolina Procurement Code.

 Section 58-38-40. The Energy Generation Study Committee shall dissolve and terminate upon its submission to the General Assembly of the committee's final report.

SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 3. This act takes effect upon approval by the Governor.