Senate Amendment 29
H 3309 - Session 126 (2025-2026)
Electrical Utilities

Senator Massey proposes the following amendment (LC-3309.HA0088S):

Amend the bill, as and if amended, SECTION 12.A., by striking Section 58-37-100(2) and inserting:

 (2) "Application" means a written request made to an agency for grant of a permit or approval of an action of or matter within the agency's jurisdiction pertaining to an energy infrastructure project.

Amend the bill further, SECTION 12.A., by striking Section 58-37-120(D) and inserting:

 (D) Upon receipt of an application, the agency shall promptly review it for sufficiency and shall provide the applicant with a list of all technical and administrative deficiencies within thirty days of receipt, or if a public comment period is required, fifteen days from the end of the comment period. The identification of by the agency of deficiencies in the application shall not toll the six-month period for agency determination.

Amend the bill further, SECTION 12.A., by striking Section 58-37-130 and inserting:

 Section 58-37-130. The applicant or any person whose private rights are affected by an agency decision or action on an application for a permit for any energy infrastructure project may appeal that decision or action to the South Carolina Supreme Court. The Supreme Court shall hear these appeals as a direct appeal in accordance with South Carolina Appellate Court. The Court shall provide for an expedited briefing and hearing of the appeal, in preference to all other nonemergency matters on its docket, and decide such appeals on an expedited basis. Any agency decision or action that is subject to a contested case review before the Administrative Law Court, pursuant to Section 1-23-600 et. seq., shall be appealable under this section upon issuance of an appealable order by the Administrative Law Court.South Carolina Administrative Law Court for a contested case review pursuant to the Administrative Procedures Act. The Administrative Law Court shall issue its final order on the matter within one year, except in cases which the Administrative Law Court determines the case should be extended beyond one year for good cause. The Administrative Law Court's final order shall be immediately appealable to the South Carolina Supreme Court in accordance with South Carolina Appellate Court Rule 203.

Renumber sections to conform.

Amend title to conform.