Data centers in South Carolina

📜 State laws

Data Center Development Act (S. 867): passed a Senate committee, no floor vote · April 28, 2026
S. 867 would create a Data Center Development Office in the state Department of Environmental Services (SCDES). A new data center would need a state siting permit before it could run, which would take over much of what counties decide today. Reviews would take 60 days for 1 to 10 megawatts, 90 days for 11 to 50 megawatts, and 120 days for more than 50 megawatts, with a look at water, sewer, roads and the site. Data centers would have to pay the full cost of new power plants and power lines they need (checked by the Public Service Commission), meet water and energy efficiency standards, limit noise, light and shaking, and set aside money to tear the site down later. The Senate Agriculture and Natural Resources Committee approved it on April 28, 2026. The full Senate never voted before the regular session ended in May 2026. Source

Statewide pause on data centers until 2028 (H. 5286): stuck in committee · Feb 26, 2026
H. 5286 is a joint resolution that would stop the state, counties and cities from giving final approval to new data centers until January 1, 2028. That includes rezonings, special use permits, building permits and tax incentives. It was filed on February 26, 2026 and sent to the House Ways and Means Committee, where it still sits. Two sponsors later took their names off it. Source

Pause on data centers until the state sets rules (H. 5526): no vote · April 14, 2026
H. 5526, filed on April 14, 2026, would stop state and local governments from accepting or acting on any data center permit or application until the General Assembly creates a full oversight process for new data centers. It was sent to the House Ways and Means Committee and never got a vote. Its sponsor, Rep. Jermaine Johnson, is the Democratic candidate for governor in November 2026; at the October 6 debate both candidates said communities should decide whether they want a data center. Source

South Carolina Energy Security Act (2025): data center cost rules were taken out · May 12, 2025
H. 3309 became law (Act 41) when Gov. McMaster signed it on May 12, 2025. It speeds up new power plants, including a new gas plant that Santee Cooper and Dominion Energy may build together at the old Canadys coal plant site in Colleton County. Earlier versions said data centers of 100 megawatts or more must pay the full cost of the power they need. That language was removed from the final law, so it does not contain special data center rules. Source

New telecom sales tax break does not cover data centers (Act 242 of 2026) · May 19, 2026
H. 5122 gave internet and phone companies a sales tax break on their equipment, with refunds for tax already paid. The law says data centers may not use this break or the refunds. Gov. McMaster signed it on May 19, 2026. Source

Bill to widen the data center sales tax break (H. 4925): no vote · Jan 14, 2026
H. 4925, filed on January 14, 2026, would let companies related to a data center owner also use the data center sales tax break. It was sent to the House Ways and Means Committee and has not moved. Source

💡 Who pays for the power

Public Service Commission review of rules for big new power users (docket 2026-138-E) · May 27, 2026
On May 27, 2026, Duke Energy Carolinas and Duke Energy Progress asked the Public Service Commission to open a review of how to serve new customers that use 50 megawatts or more, like data centers. Topics include minimum contract length and size, collateral (money held as a guarantee), exit fees, who pays for power plants and power lines, and connection costs. Duke had agreed to this in a rate case settlement; Dominion Energy agreed to join. Groups including the Coastal Conservation League, Upstate Forever and the state Department of Consumer Affairs filed first comments on August 14, 2026. A workshop is set for October 26 and 27, 2026. No new rules have been adopted yet. Source

Santee Cooper's special rate for very big power users · April 25, 2025
Santee Cooper, the state-owned power company, adopted a special rate on April 25, 2025 for new customers that need 50 megawatts or more, like data centers. They must sign a 15-year contract with a minimum payment they cannot get out of, reach their full contracted power use within three years, and pay more at times of high demand. The goal is that existing customers do not pay for them. The rate is a four-year test before the board decides whether to keep it. Source

Dominion Energy South Carolina rate increase (2026) · July 1, 2026
Dominion asked for a base rate increase of about $19.98 a month (12.73%) for a home using 1,000 kilowatt-hours. A settlement cut it to about $11.97 a month (7.62%), plus a one-time $3 million bill credit for homes and $1 million a year for three years for low-income help, paid by shareholders. New rates start with the first July 2026 bills, and the Public Service Commission approved the settlement in July 2026. Source

Duke Energy Progress rate increase in South Carolina (2026) · Feb 1, 2026
Duke Energy Progress asked to raise home rates about 15%. A settlement cut that to about 7.3%, or about $11.23 more a month on a typical home bill instead of $21.66, starting February 1, 2026. The Public Service Commission approved the settlement on December 12, 2025 (Order No. 2025-757, docket 2025-154-E). The settlement also required Duke to ask the Commission for a review of how to protect homes and small businesses from costs caused by data centers and other big users (see docket 2026-138-E). Source

Commission: a data center making its own power is not a 'power plant' under state siting law · Aug 27, 2026
On August 27, 2026 the Public Service Commission ruled that the Valara (NorthMark) data center in Spartanburg County does not need a Commission review under the Utility Siting Act for its own gas turbines, because it will not send power to the public grid. Environmental groups had asked for that review. The vote was unanimous, with one commissioner stepping aside. It means a data center that makes its own power does not add to the grid, but its power plant gets no Commission review; air permits from SCDES still apply. Source

💵 Tax breaks

State sales tax break on computers and electricity for data centers · Oct 7, 2026
South Carolina does not charge sales tax on computers, servers, cooling and other equipment used in a certified data center, or on the electricity it uses for that equipment (office lights, parking lots and similar uses are still taxed). To qualify, the company must invest at least $50 million (or $75 million by several companies together) within five years, create and keep at least 25 full-time jobs paying 150% of the state or county average income (whichever is lower), and be certified by the Department of Commerce. If it does not meet the investment, the tax can be charged back. Data centers certified by the end of 2031 keep the break for 10 more years. Source

County property tax deals (FILOT) · Oct 7, 2026
Counties can sign a 'fee in lieu of taxes' (FILOT) deal that lowers a big project's yearly property tax payment. The project must invest at least $2.5 million ($1 million in counties with very high unemployment). The payment uses an assessment rate of 6% (4% for very large 'enhanced' investments) instead of the usual rate, and the tax rate can be locked. County Council approves these deals by ordinance, often under a code name. In February 2026 Spartanburg County Council turned down a FILOT for the $3 billion TigerDC data center that would have cut its rate from 10.5% to 4% for 40 years. Source

🤐 Secret deals and public records

Anyone can ask for public records (FOIA) · Oct 7, 2026
Under South Carolina's Freedom of Information Act, any person can ask to see or copy public records. You do not have to live in South Carolina or say why (people in prison are the exception). The office must tell you within 10 business days whether it will give you the records (20 business days if the records are more than two years old). It must then hand them over within 30 calendar days (35 for older records). It can charge only the real cost of searching and copying, and may ask for a deposit of up to 25% first. Meeting minutes from the past six months must be shown in person without a written request. Source

What the government can keep secret about a new business · Oct 7, 2026
Papers about a proposed contract or land deal can be kept secret until the contract is signed or the land is sold. 'Confidential proprietary information' a company gives for economic development does not have to be released, even later. Councils may meet in private (executive session) to discuss bringing in a new business, but they must vote in public to go into that session and say why. They may leave out the company's name. Votes must happen in public. Source

Secret deals (NDAs) on data center projects · March 15, 2026
No South Carolina law bans or limits secret deals (NDAs) between local officials and data center developers. Reporters found that officials in Colleton, Marion and Spartanburg counties signed NDAs that kept them from talking about data center projects (for example 'Project Boulder' in Colleton and 'Project Liberty' in Marion) before votes. The Post and Courier got Colleton's NDAs through a FOIA request. Source

If your records request is ignored or denied · Oct 7, 2026
A South Carolina citizen can ask the circuit court to enforce the FOIA within one year of the problem. The court must hold a first hearing within 10 days of serving the papers, and the case should finish within six months. If you win, the court may make the government pay your lawyer costs. Source

💧 Water

Big water users need a state permit or registration · Oct 7, 2026
Anyone who takes more than 3 million gallons in a month from a river or lake (about 100,000 gallons a day) must get a permit from, or register with, the state Department of Environmental Services (SCDES). The state looks at river flow, other users downstream and the effect on the river. Taking groundwater (wells) over the same amount needs an SCDES permit in 'capacity use areas', which cover much of the coastal plain. Most data centers buy water from a city, town or water district, so the local water system usually decides whether there is enough. Source

🌫️ Air and generators

Who approves backup generators and on-site power plants · Sept 18, 2026
The SC Department of Environmental Services (SCDES) Bureau of Air Quality issues air permits for data center generators and gas turbines. Big or disputed permits go out for public comment, sometimes with a hearing. Example: Valara (NorthMark) in Spartanburg County already had 24 gas generators (about 48 megawatts). It asked in March 2026 for 11 more gas turbines (about 400 megawatts). After a crowded public hearing on June 25, 2026 and comments until July 31, SCDES approved the permit on September 18, 2026. Power plants built by utilities also need Public Service Commission approval, but a private plant that only powers its own data center does not (Commission ruling, August 27, 2026). Source

🙋 How to have your say

Who decides a data center near you · Oct 7, 2026
South Carolina has cities, towns and counties. There are no townships. A city or town council zones land inside its limits. County Council zones land outside towns (unincorporated land), usually after the county planning commission gives advice. A Board of Zoning Appeals decides special exceptions and variances. County Council must read an ordinance (like a moratorium or a tax deal) at three meetings on three separate days. Power is decided by the utility and the Public Service Commission, air and water permits by SCDES. Source

Rezoning hearings and the 60-day deadline · Oct 7, 2026
Before a rezoning, the council or planning commission must hold a public hearing. Unless local rules say more, the notice must be in the newspaper at least 15 days before, and a sign must be posted on the land. Neighbors who own land next to it can bring a court case against the rezoning. A challenge to a rezoning or zoning change must be filed within 60 days of the vote. Source

Appealing a Board of Zoning Appeals or planning commission decision · Oct 7, 2026
Anyone with a real stake in a Board of Zoning Appeals decision can appeal to circuit court within 30 days after the decision is mailed. Site plan decisions by staff go to the planning commission; its decision can be appealed to circuit court within 30 days after you get notice. The planning commission must act on a complete plan within 60 days or it counts as approved. Source

How to ask for records about a data center · Oct 7, 2026
Write to the city, county or agency (email is fine) and list the records you want: for example the NDA, the FILOT agreement, water or power letters, emails with the developer. Anyone can ask. They must answer within 10 business days and give the records within 30 days after that. Ask for an electronic copy to keep costs low. Source

How to speak up at the Public Service Commission · Oct 7, 2026
You can file a 'letter of protest' in any case by emailing contact@psc.sc.gov or mailing it to 101 Executive Center Drive, Suite 100, Columbia, SC 29210. To become a full party (testify, question witnesses, appeal), file a petition to intervene by the deadline in the case notice. Rate cases have public night hearings. The data center rules case is docket 2026-138-E; a workshop is set for October 26-27, 2026. Source

How to comment on air and water permits · Oct 7, 2026
SCDES posts permit applications and comment periods on its public notice search page. You can search by county or site, comment online, and sign up for email alerts by county and program. For big projects SCDES may hold a public hearing. It must answer the comments in writing when it decides. Source

🧾 Help with your bills

Low-Income Home Energy Assistance Program (LIHEAP) · Oct 7, 2026
Help paying heating or cooling bills, paid to your power or gas company. Apply at the Community Action Agency for your county, not at the state office. You need proof of citizenship or qualified immigrant status, a South Carolina ID, 30 days of income for adults in the home, and a bill due. Help depends on money available and does not cover water bills. Source

Weatherization Assistance Program · Oct 7, 2026
Free work to make your home use less energy (insulation, sealing leaks and similar). Older adults, people with disabilities and families with children come first. Apply at your county's Community Action Agency. Source

📞 Who to contact

Public Service Commission of South Carolina (PSC) · Oct 7, 2026
Sets rates for Duke Energy, Dominion Energy and other private utilities, approves utility power plants and is reviewing rules for data centers (docket 2026-138-E). Takes letters of protest. It does not approve data center buildings. Source

Office of Regulatory Staff (ORS) · Oct 7, 2026
Represents the public interest in utility cases at the PSC and handles complaints about utilities. Source

SC Department of Consumer Affairs · Oct 7, 2026
Speaks for consumers in utility cases; filed comments in the data center rules case. Source

SC Department of Environmental Services (SCDES) · Oct 7, 2026
Air permits for generators and turbines, water withdrawal permits, stormwater and wastewater permits. Posts public notices and hearings. Source

SC Department of Commerce · Oct 7, 2026
Recruits businesses, certifies data centers for the sales tax break and runs state incentives. Source

Santee Cooper (SC Public Service Authority) · Oct 7, 2026
State-owned power company; sells power to Berkeley, Georgetown and Horry county customers and to the electric cooperatives. Has its own large-load rate. Its board, not the PSC, sets its rates. Source

SC Office of Economic Opportunity · Oct 7, 2026
Runs LIHEAP and weatherization through local Community Action Agencies. Source

South Carolina General Assembly · Oct 7, 2026
State lawmakers. Bill pages show every data center bill and its status; find your legislator here. Source