School Safety and Hazard Buffer Act

2025-2026 Bill 4785: School Safety and Hazard Buffer Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4785
STATUS INFORMATION
General Bill
Sponsors: Reps. Martin, Pope, M.M. Smith and C. Mitchell
Document Path: LC-0516WAB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: School Safety and Hazard Buffer Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Labor, Commerce and Industry

1/13/2026

House

Introduced and read first time (
House Journal-page 90
)

1/13/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 90
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"SCHOOL SAFETY AND HAZARD BUFFERS ACT"; BY ADDING ARTICLE 5 TO CHAPTER 23,
TITLE 59, SO AS TO ESTABLISH MINIMUM SCHOOL SAFETY SETBACKS FROM INDUSTRIAL,
MANUFACTURING, AND HAZARDOUS MATERIAL FACILITIES, TO DEFINE TERMS, TO PROHIBIT
THE CONSTRUCTION OR OPERATION OF FACILITIES HANDLING DANGEROUS SUBSTANCES
WITHIN CERTAIN DISTANCES OF ANY PUBLIC SCHOOL, TO REQUIRE PUBLIC NOTICE AND
TRANSPARENCY, TO PROVIDE FOR ENFORCEMENT AND PENALTIES, AND TO DIRECT THE
DEPARTMENT OF ENVIRONMENTAL SERVICES TO PROMULGATE REGULATIONS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "School Safety and Hazard Buffers Act."

S
ECTION 2.
C
hapter 23, Title 59 of the S.C. Code is amended by
adding:

A
rticle 5

S
chool Safety and Hazard Buffers

S
ection
59-23-510
.
T
he General Assembly finds:

(
1)
South Carolina's continued industrial and economic growth has led to an
increase in the number of manufacturing and processing facilities located near
residential areas and schools.

(
2)
Many industrial, advanced manufacturing, and storage facilities use, process,
or store hazardous substances that can pose immediate or long-term risks to
public health and safety, including fire, explosion, air or water
contamination, or toxic exposure.

(
3) Children
are particularly vulnerable to these risks due to their developing lungs,
immune systems, and susceptibility to environmental pollutants.

(
4) Certain
facilities, such as those involved in solar panel, semiconductor, and battery
manufacturing, or any process involving acids, bases, flammable gases, toxic
chemicals, radioactive materials, or biological hazards, may not be classified
as "heavy industrial" under local zoning, yet still create substantial danger.

(
5) It
is the intent of the General Assembly to ensure a safe and reasonable buffer
zone between any school and any facility that poses environmental, chemical,
biological, explosive, or radiological risks; to close zoning loopholes that
allow hazardous operations near schools; and to promote public transparency and
safety for all South Carolinians, especially children.

S
ection
59-23-520
.
F
or purposes of this section:

(
1)
"Department" means the Department of Environmental Services.

(
2)
"School" means any public or private K-12 school, including its buildings,
playgrounds, athletic fields, transportation facilities, or other property
owned, leased, or controlled by a school district for student instruction,
athletics, or activities.

(
3)
"Property boundary of a school" means the outer perimeter of any parcel owned,
leased, or used by a school.

(
4)
"Industrial facility" means any site engaged in manufacturing, processing,
assembly, storage, distribution, or waste handling that uses or produces
chemicals, fuels, solvents, or other hazardous materials including, but not
limited to:

(
a)
chemical processing or blending plants;

(
b)
petroleum, gas, or fuel storage or transfer terminals;

(
c)
plastics, rubber, or synthetic material manufacturing;

(
d)
metal plating, coating, or finishing operations;

(
e)
food or agricultural chemical manufacturing;

(
f)
paint, adhesive, or solvent manufacturing or storage;

(
g)
waste treatment, incineration, or disposal facilities; or

(
h)
similar operations that generate, store, or use hazardous materials.

(
5)
"Advanced manufacturing facility" means a facility engaged in high-technology
or precision manufacturing that involves the use of chemicals or materials that
may be toxic, flammable, reactive, corrosive, or explosive including, but not
limited to:

(
a)
solar panel or photovoltaic cell manufacturing;

(
b)
semiconductor or microchip fabrication;

(
c)
battery or energy storage system production;

(
d)
aerospace component manufacturing; or

(
e)
chemical or materials research and development involving regulated substances.

(
6)
"Hazardous facility" means any site, building, or structure where hazardous
materials are used, manufactured, stored, processed, or transported in
quantities that may present a risk to public health or safety, including:

(
a)
facilities subject to the federal Emergency Planning and Community
Right-to-Know Act (EPCRA), 42 U.S.C. Section 11001, et seq.;

(
b)
facilities regulated under the Environmental Protection Agency (EPA) Risk
Management Program, 40 C.F.R. Part 68;

(
c)
facilities possessing chemicals of interest as listed in the Appendix A of the
Department of Homeland Security Chemical Facility Antiterrorism Standards, 6 C.F.R.
Section 27;

(
d)
facilities using or storing hazardous air pollutants (HAPs) under Section
112(b) of the Clean Air Act, 42 U.S.C. Section 7412(b);

(
e)
facilities storing or using explosive, pyrophoric, or reactive substances,
including compressed gases, peroxides, and oxidizers;

(
f)
facilities handling radioactive materials under the jurisdiction of the Nuclear
Regulatory Commission or the Department of Health and Environmental Control; or

(
g)
facilities engaged in biological or medical manufacturing using select agents
or infectious materials regulated by the Centers for Disease Control or the
United States Department of Agriculture.

(
7)
"Regulated hazardous chemical" means any substance listed under any of the
authorities referenced in item (6) or any other chemical that, in the judgment
of the department, poses a significant risk of acute or chronic exposure to
human health or the environment if released.

(
8)
"Storage" means the use, containment, or presence of a regulated hazardous
chemical in tanks, vessels, drums, process equipment, or containers for more
than twenty-four consecutive hours.

(
9)
"New facility" means:

(
a)
any facility for which an initial state or local permit to construct, operate,
or modify is issued after July 1, 2026;

(
b)
any facility for which a certificate of occupancy has not been issued before
July 1, 2026, regardless of when construction began or a permit was approved;
or

(
c)
any existing facility that increases its production capacity, processing area,
or maximum hazardous chemical inventory by twenty-five percent or more after
July 1, 2026.

F
or purposes of this item,
a "certificate of occupancy" includes any state or local authorization allowing
the facility to commence or expand operations.

(
10)
"Offsite consequence analysis" means the modeled distance to a toxic endpoint,
flammable overpressure, or thermal radiation endpoint under EPA regulations in
40 C.F.R. Part 68 or equivalent methodologies approved by the department.

S
ection
59-23-530
.
(
A) No person may
construct or operate a new industrial, advanced manufacturing, or hazardous
facility within 1,500 feet of the property boundary of any school.

(
B)
No person may construct, expand, or operate a facility that uses or stores one
or more regulated hazardous chemicals above threshold quantities within 2,640
feet of the property boundary of any school.

(
C)
The department shall determine applicability of this article based on the
actual use of chemicals, materials, or processes at the facility, and not
solely on zoning classification or local designation as "light industrial,"
"commercial," or otherwise.

(
D) A
facility subject to EPA's Risk Management Program or similar requirements may
not be permitted or expanded if its offsite consequence analysis shows that any
toxic, flammable, or explosive endpoint intersects a school property boundary,
unless the applicant demonstrates, through enforceable controls approved by the
department, that such endpoint is fully contained within the facility boundary.

(
E)
Setbacks shall be measured as the shortest straight-line distance from the
nearest point of a facility's process area, storage tank, railcar offloading
area, or waste handling unit to the nearest point on a school property
boundary.

S
ection
59-23-540
.
(
A) Any applicant for a
permit involving the construction or operation of a facility using or storing
regulated hazardous chemicals within one mile of a school shall:

(
1)
provide written notice to the department, the affected school district, the
local governing body, and the local emergency planning committee at least sixty
days before filing any application for construction or operating approval;

(
2)
submit a comprehensive safety and environmental risk assessment, including
potential release modeling, prevailing wind and water flow analyses, emergency
evacuation zones, and mitigation measures; and

(
3)
publish public notice in a newspaper of general circulation in the affected
area describing the facility type, general operations, and chemical categories
proposed for use.

(
B)
The department shall make such notices publicly available and invite comments
from the affected school district, the local emergency planning committee, and
the general public before issuing any construction or operating permit.

(
C)
The department shall maintain an online database identifying all industrial,
advanced manufacturing, and hazardous facilities within one mile of any school,
including chemical types and threshold categories, consistent with public
disclosure rules under EPCRA.

S
ection
59-23-550
.
(
A) A facility lawfully
operating before July 1, 2026, is not required to cease operations solely due
to the setback requirements; however:

(
1)
it may not expand operations or chemical storage capacity that increases
potential hazards to nearby schools;

(
2)
it shall provide the department and the affected school district an updated
emergency response plan within twelve months; and

(
3)
it shall implement risk-reduction measures, such as improved containment,
ventilation, or monitoring systems, as directed by the department.

(
B)
The department may require continuous air or fence-line monitoring for any
existing facility located within one mile of a school where the potential
exists for airborne, explosive, or toxic emissions.

S
ection
59-23-560
.
T
his article does not apply to:

(
1)
school laboratory or classroom use of small chemical quantities for educational
purposes;

(
2)
emergency generators or small fuel storage below fifty-five gallons;

(
3)
municipal water or wastewater utilities storing treatment chemicals below
federal threshold quantities; or

(
4)
agricultural operations outside municipal limits storing fertilizers, fuels, or
pesticides below regulatory thresholds and not classified as industrial or
hazardous facilities.

S
ection
59-23-570
.
(
A) The department shall
enforce this article and may deny, suspend, or revoke any state or local permit
for violation.

(
B)
Any person who constructs, expands, or operates a facility in violation of
Section
59-23-530
is subject to a civil penalty not to exceed twenty-five
thousand dollars per day, per violation, and the department may seek injunctive
relief to halt operations.

(
C)
Each day a violation continues constitutes a separate offense.

(
D)
The department shall coordinate with local emergency management, school
districts, and fire authorities to ensure preparedness and chemical inventory
awareness.

S
ection
59-23-580
.
B
efore July 1, 2027, the department shall
promulgate regulations to implement this article, including:

(
1)
procedures for setback measurement and hazard classification;

(
2)
formats for risk assessments and public notifications;

(
3)
minimum containment and engineering controls;

(
4)
guidelines for fence line and air monitoring; and

(
5) automatic
incorporation of updates to federal chemical and hazard lists issued by the
Environmental Protection Agency, Department of Homeland Security, or Nuclear
Regulatory Commission.

S
ECTION 3. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 4. This act takes effect on July 1,
2026.

----XX----

This web page was last updated on January 13, 2026 at 2:40 PM