S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

310896031496000/DG

April 21, 2026

ADOPTED		TABLED	CARRIED OVER	FAILED	RECONSIDERED

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5126  (Reference is to Printer's Date 04/21/26-S.)

04572000 

 Senator SUTTON proposes the following amendment (DG DCCOMMERCE):

 Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 422, after line 2, by adding an appropriately numbered new proviso to read:

/ (CMRC: Incentive prohibition) (A) No funds appropriated or authorized for use by the Coordinating Council for Economic Development, including but not limited to the Closing Fund, or appropriated or authorized the department for any other purpose, may be used to recruit, locate, expand, or construct a data center in this State. This proviso applies to any project for which an incentive agreement was not in place at the beginning of the current fiscal year.

 (B) The Department of Commerce shall provide a report to the General Assembly by January 15, 2027, identifying any data center projects that applied for or received incentives in any previous fiscal year and summarizing the total value of such incentives.

 (C) For purposes of this proviso, "data center" means a facility, campus of facilities, or array of electronically interconnected facilities under a single electric supply agreement in this State used by an entity or other business enterprise to operate, manage, or maintain a computer, group of computers, or other organized assembly of hardware and software for the primary purpose of storing, retrieving, or transmitting data, other than facilities owned or operated by a telecommunications company as defined in Section 58-9-2200 of the S.C. Code or facilities that primarily support telecommunications service or network operations, that has a peak demand of fifty megawatts or greater, and that becomes a customer of an electric service provider after December 31, 2026. For purposes of calculating peak demand under this definition, peak demand shall be determined according to the contract between the energy user and the electric service provider, and the possibility or occurrence of energy usage which temporarily exceeds fifty megawatts shall not cause a commercial data center to fall under this definition where contractual peak demand is less than fifty megawatts.  /

 Renumber sections to conform.

 Amend sections, totals and title to conform.