SC Utility Citizens Council

2025-2026 Bill 5283: SC Utility Citizens Council - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 5283
STATUS INFORMATION
General Bill
Sponsors: Reps. Reese, Dillard and Jones
Document Path: LC-0261HA26.docx
Introduced in the House on February 26, 2026
Currently residing in the House
Summary: SC Utility Citizens Council
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/26/2026

House

Introduced and read first time (
House Journal-page 13
)

2/26/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 13
)

3/24/2026

House

Member(s) request name added as sponsor: Dillard,
Jones

6/4/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/26/2026
06/04/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING CHAPTER 45 TO TITLE 58 SO AS TO ESTABLISH THE
SOUTH CAROLINA UTILITY CITIZENS COUNCIL TO SERVE AS AN INDEPENDENT ADVISORY
BODY TO THE PUBLIC SERVICE COMMISSION; TO PROVIDE FOR THE UTILITY CITIZENS
COUNCIL'S MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO PERMIT THE UTILITY
CITIZENS COUNCIL TO HAVE ACCESS TO CERTAIN INFORMATION SUBMITTED TO THE PUBLIC
SERVICE COMMISSION; TO PROVIDE FUNDING FOR THE UTILITY CITIZENS COUNCIL FROM
REGULATED UTILITIES, ESTABLISH COST RECOVERY REQUIREMENTS AND PENALTIES FOR
FAILURE TO PROVIDE FUNDING, AND PROVIDE FOR ITS ADMINISTRATION; TO REQUIRE THE
SOUTH CAROLINA ENERGY JUSTICE COALITION TO PROVIDE STAFFING AND OTHER DUTIES;
TO REQUIRE THE PUBLIC SERVICE COMMISSION TO PROVIDE THE COUNCIL WITH RELEVANT
DOCUMENTATION UPON NOTICE OF A UTILITY RATE CASE OR MAJOR FILING, TO PERMIT THE
COUNCIL TO PARTICIPATE IN PUBLIC SERVICE COMMISSION PROCEEDINGS, AND TO REQUIRE
THE COMMISSION TO INCLUDE A SUMMARY OF THE COUNCIL'S RECOMMENDATIONS AND
COMMISSION'S RESPONSES IN COMMISSION ORDERS; AND TO REQUIRE THE COUNCIL, IN
CONSULTATION WITH THE OFFICE OF REGULATORY STAFF, TO DEVELOP ENERGY
AFFORDABILITY METRICS.

W
hereas, many South
Carolinians, especially low- and moderate-income households, experience high
energy burdens, spending a significant share of household income on energy
bills; and

W
hereas, energy
affordability, efficiency, and equitable access to utility programs are
essential for maintaining public health, economic security, and environmental
sustainability; and

W
hereas, consumers
currently have limited formal representation in utility planning, ratemaking,
and program design before the South Carolina Public Service Commission; and

W
hereas, creating an
independent, utility-funded Utility Citizens Council will strengthen
transparency, improve accountability, and ensure that the voices of South
Carolina's residential and small business consumers are directly heard in
energy decision-making; and

W
hereas, it would be
beneficial to all South Carolinians to establish a structured advisory body to
assist the Public Service Commission regarding matters of energy affordability,
efficiency, and consumer protection that could encourage fair, affordable, and
accountable utility service statewide. Now, therefore,

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

S
ECTION 1.
T
itle 58 of the S.C. Code is amended by adding:

C
HAPTER 45

S
outh Carolina Utility Citizens Council

S
ection
58-45-10
.
F
or purposes of this chapter:

(
1)
"Commission" means the South Carolina Public Service Commission.

(
2)
"Council" means the South Carolina Utility Citizens Council.

(
3)
"Energy burden" means the percentage of household income spent annually on
energy bills for electricity, natural gas, or any other regulated utility
service that provides electricity.

(
4)
"Energy efficiency program" means any electrical utility-funded or commission-approved
program designed to reduce energy consumption.

(
5)
"Low-income household" means a household with an income at or below two hundred
percent of the federal poverty level, as defined by the U.S. Department of
Health and Human Services.

(
6)
"Moderate-income household" means a household with an income between two
hundred and four hundred percent of the federal poverty level, as defined by
the U.S. Department of Health and Human Services.

(
7)
"Utility" means any investor-owned electrical or gas utility regulated by the
commission pursuant to Title 58. It may also include an electric cooperative or
municipal utility that elects to participate in the provisions of this chapter.

S
ection
58-45-20
.
(
A) There is created the
South Carolina Utility Citizens Council which shall operate as an independent
advisory body to the commission. The council shall receive funding in
accordance with the provisions of Section
58-45-70
and shall not be subject to
the direction or control of any utility, the commission, or any political
subdivision except as provided in this chapter.

(
B)
The council shall:

(
1)
advise the commission on consumer affordability, utility rate design, and
energy efficiency programs;

(
2)
serve as a public forum for community input and utility accountability; and

(
3)
publish independent analyses and recommendations on energy affordability and
service quality.

S
ection
58-45-30
.
(
A) The council shall
consist of fifteen members appointed as follows:

(
1)
three representatives from low-income households or organizations serving
low-income communities;

(
2)
two representatives from moderate-income households;

(
3)
one representative of senior or medically vulnerable consumers;

(
4)
one representative of renters' or tenants' associations;

(
5)
three representatives from community-based or environmental justice
organizations focused on energy affordability or sustainability;

(
6)
two small business representatives, representing businesses with fewer than
twenty-five employees;

(
7)
one academic or technical expert in energy efficiency, public health, or
utility regulation;

(
8)
one representative from a consumer protection or legal services organization;
and

(
9)
one non-voting liaison appointed by the commission staff.

(
B)
Appointments shall be made by the council with the advice and consent of the
full council and any vacancy shall be filled in the same manner as the
appointment.

(
C)
(
1) Council members shall serve
three-year terms, staggered so that one-third of the terms expire each year.

(
2)
Notwithstanding the provision of item (1), terms for the initial membership of
the council shall be as follows:

(
a)
one representative from low-income households or organizations serving
low-income communities, one representative from community-based or
environmental justice organizations focused on energy affordability or
sustainability, one small business representative, and one representative from
a consumer protection or legal services organization shall serve an initial
term of one year;

(
b)
one representative from low-income households or organizations serving
low-income communities,

one representative from moderate-income
households, one representative of renters' or tenants' associations, one
representative from community-based or environmental justice organizations
focused on energy affordability or sustainability, one small business
representative, and one academic or technical expert in energy efficiency,
public health, or utility regulation shall serve an initial term of two years;
and

(
c)
one representative from low-income households or organizations serving
low-income communities, one representative from moderate-income households, one
representative of senior or medically vulnerable consumers, and one
representative from community-based or environmental justice organizations
focused on energy affordability or sustainability shall serve a term of three
years.

(
D) A
quorum of the council shall consist of eight voting members.

(
E)
The council shall elect a chairperson and a vice chairperson annually from
among its voting members.

(
F) Council
members shall serve with compensation and shall receive travel and per diem
expenses as authorized by the commission.

S
ection
58-45-40
.
(
A) The council shall:

(
1)
review and provide written recommendations to the commission on:

(
a)
utility rate filings and rate case proceedings;

(
b)
energy efficiency, conservation, and demand-side management programs;

(
c)
utility service disconnection, reconnection, and arrearage management policies;
and

(
d)
major infrastructure or grid modernization projects affecting consumer rates.

(
2)
hold at least two public hearings per year to solicit consumer input on
affordability, service quality, and energy efficiency;

(
3)
prepare an annual energy affordability and accountability report to submit to
the commission, the Office of Regulatory Staff, and the General Assembly by
December thirty-first each year. This report shall include:

(
a)
data on energy burden, disconnections, arrears, and affordability trends;

(
b)
evaluation of utility performance regarding energy efficiency participation and
customer service;

(
c)
policy recommendations for improving affordability and accountability; and

(
d)
a scorecard ranking utilities on affordability metrics;

(
4)
consult with Office of Regulatory Staff, the Department of Consumer Affairs,
and community groups to identify barriers to affordability and efficiency; and

(
5)
recommend consumer education initiatives regarding available assistance and
efficiency programs.

(
B)
The commission shall respond in writing to the council's annual report within sixty
days of receipt, indicating whether and how the commission will implement the
council's recommendations.

S
ection
58-45-50
.
(
A) The council shall
have access to non-confidential filings, data, and reports submitted to the commission
by utilities, as necessary to perform its duties.

(
B)
The commission may grant the council access to confidential information under
appropriate protective orders, consistent with the provisions of Section
58-45-55
.

(
C)
The council may contract with experts, economists, or analysts to assist in
reviewing utility filings, provided funds are available pursuant to Section
58-45-70
.

S
ection
58-45-60
. The council shall maintain a publicly accessible website and shall post
its meeting agendas, minutes, reports, and affordability metrics. All council
meetings shall comply with the South Carolina Freedom of Information Act,
Chapter 4, Title 30. The council may also conduct outreach in multiple
languages and formats to ensure inclusive participation.

S
ection
58-45-70
.
(
A) Each regulated
utility subject to the jurisdiction of the commission shall annually remit to
the council's fund an amount equal to 0.01 percent but no more than one million
five hundred thousand dollars of its gross revenues derived from regulated
operations in South Carolina for the preceding calendar year. The council's
fund shall be administered by an agency such as the Office of Resilience or the
Office of Regulatory Staff and shall be used exclusively for the council's
operations, research, outreach, and reporting.

(
B)
The South Carolina Energy Justice Coalition shall provide staffing,
administrative, operational, management, engagement, strategy, and all other
related duties for the council's fund using revenue from the council's fund.

(
C)
Utilities may recover costs through base rates only upon express commission
approval, provided that such recovery shall not exceed the actual remittance.

(
D)
Failure to remit required funds within sixty days of billing by the agency that
administers the council's fund shall result in a civil penalty of ten thousand
dollars per month until paid. This subsection shall be enforceable by the
commission.

S
ection
58-45-80
.
(
A) Upon notice of a
utility rate case or major filing, the commission shall provide the council
with copies of relevant documents within ten days of filing.

(
B)
The council may submit comments, testimony, or recommendations in commission
proceedings and shall be granted intervenor status for the purpose of
representing consumer interests.

(
C)
The commission shall include a section in its final orders summarizing the council's
recommendations and the commission's responses.

S
ection
58-45-90
.
T
he council, in consultation with the
Office of Regulatory Staff, shall develop statewide energy affordability metrics
including, but not limited to:

(
1)
average energy burden by income tier;

(
2)
number and rate of disconnections for nonpayment;

(
3)
average arrearage balance per customer;

(
4)
energy efficiency program participation rates by income level;

(
5)
average residential bill for electricity and gas by utility; and

(
6)
service quality indicators including, but not limited to, complaints regarding
rates, reconnection times, and outage frequency.

T
he commission shall
publish these metrics annually on its website.

S
ECTION 2. This act takes effect on January 1,
2027, and the council shall make the initial appointments within one hundred
eighty days of this date.

----XX----

This web page was last updated on June 4, 2026 at 3:38 PM