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

   AMENDMENT NO. _____

MURPHY/CHANDLER

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 22, 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 MARTIN proposes the following amendment (5126R012.CM.SM.DOCX):

 Amend the bill, as and if amended, Part IB, Section 55, DEPARTMENT OF ENVIRONMENTAL SERVICES, page 427, proviso 24, line 31, by amending the proviso to read:

/ 55.24. (DES: Permitting Timeframes) Except for Energy Infrastructure Projects, which are defined as the construction, placement, authorization, or removal of energy infrastructure including, but not limited to, electric transmission and generation assets, natural gas transmission assets, and all associated or appurtenant infrastructure and activities, including communications and distribution infrastructure, the Department of Environmental Services will issue a decision on a completed application for a permit no later than ninety days after the date the application is received by the department. The department may require a preapplication meeting with the applicant to establish milestones within the review period prior to commencing the ninety-day review period. The department and applicant may mutually agree in writing to extend the ninety-day review period. Such agreement shall be in writing and state a specific date on when the extension will end. The department shall not stop, stay, or otherwise alter the review period without such written agreement with the applicant. During the current fiscal year, an approved data center applicant may not be considered by the Department for expanded capacity at the approved location of the initial application. 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 that has a peak demand of fifty megawatts or greater, and that executes an electric service agreement with 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 agreement 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 data center to fall under this definition where contractual peak demand is less than fifty megawatts. The term "data center" does not include any computing or data infrastructure that is incidental or ancillary to the primary business operations of any facility whose primary services are not data storage, management, processing, or transmission, any facility owned or operated by a telecommunications company as defined in S.C. Code Section 58-9-2200, or any facility that primarily support telecommunications service or network operations.. /

 Renumber sections to conform.

 Amend sections, totals and title to conform.