Hotlist: March 9, 2026
Last week was a big one and it started with a large crowd at the South Carolina Statehouse gathered to pay their respects to the late civil rights activist Reverend Jesse Jackson, who was lying in state there.
Judicial elections were a major focus last week, with a joint session where the House and Senate selected judges. While attention centered on the canceled SC Supreme Court election following Justice John Few’s withdrawal, the General Assembly also elected two new Public Service Commissioners (PSC), unseating incumbents. Their backgrounds have drawn some controversy, and it will be interesting to see how they influence PSC decision-making. Meanwhile the Senate cut boat property taxes and the House passed a controversial new ‘HALO’ act limiting the distance members of the public can approach first responders.
Last week saw movement on sustainable land use planning and continued debate on data centers and regulatory reform. Another hearing on Senator Davis’ data center bill is scheduled Tuesday, with more developments expected this week.
This week is also budget week in the House. This means activity starts today rather than the normal Tuesday start time. CVSC and conservation partners will be focused on ensuring conservation and environmental protection is prioritized in the budget. This means, protecting funding for land preservation and state agencies that protect our environment and watching out for surprises, often in the form of budget provisos.
Updates
Concurrent Infrastructure Requirements bill moves forward
The SC Prosper & Preserve initiative saw some long overdue momentum last week at a Labor Commerce & Industry Ad Hoc committee hearing on Tuesday afternoon. Concurrent Infrastructure Requirements bill (S.227) was sent to full committee with a favorable report after thoughtful debate on lead sponsor, Senator Tom Davis’s, proposed amendment. The changes slightly limit the broad authority granted in the original bill in an effort to provide sound legal cover for localities who are interested in adopting Concurrent Infrastructure Requirements ordinances.
CVSC and stakeholders are continuing to work with the senators in order preserve the flexibility that is necessary for this tool to safeguard our quality of life and incentivize infill development. The senator cited a sense of urgency and his hopes that this bill would pass this session as he urged the committee to vote favorably while promising to continue working to get the language right. We welcome the movement and are hopeful that S.227 will be sent to the House before long.
Senate continues data center debate
Last Tuesday, the Senate held hearings on three data center bills: Senator Davis’ Data Center Development Act (S.867), Senator Rankin’s Data Center Siting Act (S.902), and Senator Blackmon’s data center water use reporting bill (S.724). Conservation partners testified on Senator Davis’ proposal, highlighting suggested changes and the potential impacts of data center development on electric customers, taxpayers, and the environment. Both hearings focused heavily on data center water use, with extensive testimony from Google on their current practices.
A central issue is water use reporting. Currently, most data center companies do not publicly disclose this information. Google noted it may be the only company in the industry that voluntarily reports its water use. All three bills would require some level of public water use reporting. While there are additional water-related concerns, establishing basic transparency and public reporting is a key priority for CVSC and our conservation partners.
Senator Davis’ bill is scheduled for another subcommittee hearing tomorrow, with testimony expected from South Carolina electric utilities. With three bills moving through the committee process and Senator Massey’s Energy Consumer Protection Bill (S.784) also in play, the Senate will need to determine its approach to regulating data centers. One bill may emerge as the primary vehicle, or elements of several proposals could be combined. CVSC and partners are working with legislators and staff to ensure the final Senate language protects electric customers and our environment.
New commissioners on the PSC
While these votes do not usually occur at the same time, the General Assembly elected both judges and two new members of the Public Service Commission (PSC) in a joint session last week.
The role of the PSC is particularly important right now as South Carolina faces rising electric bills and major decisions about billions of dollars in new power infrastructure, much of it associated with the growing demand from data center development. As a result, these elections drew more attention than usual and attracted a number of experienced and well-qualified applicants interested in serving the state.
CVSC did not endorse specific candidates but emphasized to legislators the importance of these elections. The PSC often receives less public attention, yet its decisions have significant impacts on electric customers and the environment. Ensuring that commissioners are well-qualified and able to evaluate and scrutinize complex utility proposals is especially important at this moment.
The election of Eugene Hennelly and Swain Whitfield has received some media attention, including discussion of Hennelly’s background as a co-founder of a company that provides power and cooling infrastructure for data centers and Whitfield’s previous service on the Commission during the 2017 V.C. Summer debacle.
While we have some concerns over Hennelly’s data center connection given the gravity of data center issues in the energy sector currently, South Carolina has a clear Code of Judicial conduct that applies to members of the PSC to ensure they remain impartial. We hope the new commissioners’ experience and background will support thoughtful oversight of utility proposals, careful consideration of impacts on electric customers, and balanced decision-making that also recognizes the importance of protecting South Carolina’s natural resources.
Continued concern over sweeping regulatory bill
Last week, a Senate Judiciary subcommittee held another hearing on the Small Business Regulatory Freedom Act (H.3021 & S.254), which would make significant changes to the state’s regulatory process. Provisions such as automatically sunsetting regulations and creating one-in, two-out quotas have raised concerns across multiple industries and could affect longstanding regulations that protect livelihoods, public health and the environment.
On Thursday, the subcommittee heard testimony from the aviation industry and healthcare workers about potential unintended impacts on their professions, as well as broader public health and safety issues. While stakeholders all voiced support for the goal of reducing unnecessary regulations, concerns remain about the mechanisms proposed in the legislation. Many emphasized the need to balance regulatory reform with a reasonable level of regulatory certainty so the rules governing the state’s economy remain clear and predictable.
In response to these concerns and issues raised in prior hearings, the subcommittee adopted amendments to exempt harbor pilots and the aviation industry, with additional exemptions likely to be considered. The bill was not advanced out of subcommittee. CVSC and partners are working to ensure key environmental safeguards remain in place while exploring alternative approaches that reduce unnecessary regulatory burdens on South Carolina’s small businesses without creating unintended consequences.
Action Center
Here’s a round-up of current actions you can take to help us advance conservation policy during this legislative session. If you’ve already taken these actions, thank you! We’ll add more actions and provide updates as progress unfolds.
- NEW Tell your senator to vote in favor of sustainable planning tools: CIR
- Tell your representative to vote in favor of sustainable planning tools: CIR
- Tell your senator to vote in favor of sustainable planning tools: TDRs
- Tell your legislators that your energy bill is too high
Events
SCCC Lobby Day & Oyster Roast | Tuesday, March 31, 10:30 am & 5:30 pm
Join CVSC and over 50 conservation organizations for a full day of speaking with lawmakers to help advance environmental policies, followed by a celebration of our collective progress that evening. Register here.
In the News
Lawmakers consider bill to regulate data centers in South Carolina | News19
SC had 500 Rosenwald schools for Black children. Nonprofits want to save the 44 that remain.| SC Daily Gazette
The Legislative Hotlist is a weekly update from CVSC’s Senior Vice President of Policy & Government Relations, John Brooker. Sign up for emails to get the Hotlist delivered directly to your inbox!