Solar, Agricultural, Farmland and Environmental Act

2025-2026 Bill 5308: Solar, Agricultural, Farmland and Environmental Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5308
STATUS INFORMATION
General Bill
Sponsors: Reps. Brewer, C. Mitchell and Yow
Document Path: LC-0325HA26.docx
Introduced in the House on March 4, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: Solar, Agricultural, Farmland and Environmental Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/4/2026

House

Introduced and read first time (
House Journal-page 6
)

3/4/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 6
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/04/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 58 SO AS TO
ESTABLISH THE "SOLAR, AGRICULTURAL, FARMLAND, AND ENVIRONMENTAL ACT"; TO
PROVIDE FOR DEFINITIONS; TO ESTABLISH CERTIFICATE REQUIREMENTS FOR CONSTRUCTION
OF PHOTOVOLTAIC ENERGY FACILITIES; TO ESTABLISH THE CERTIFICATE APPLICATION
PROCESS; TO PROVIDE REQUIREMENTS FOR HEARINGS REGARDING THE CERTIFICATE
APPLICATION; TO ESTABLISH THE PARTIES TO A CERTIFICATION PROCEEDING; TO REQUIRE
A RECORD OF THE PROCEEDINGS AND TO PERMIT THE PUBLIC SERVICE COMMISSION TO
CONSOLIDATE THE REPRESENTATION OF PARTIES WITH SIMILAR INTERESTS; TO ESTABLISH
REQUIREMENTS FOR THE PUBLIC SERVICE COMMISSION'S DECISION REGARDING AN
APPLICATION; TO REQUIRE THE PUBLIC SERVICE COMMISSION TO ISSUE AN ORDER WITHIN
ONE HUNDRED EIGHTY DAYS FROM THE DATE THE APPLICATION IS FILED; AND TO PROVIDE
FOR PAYMENT OF COSTS FOR THE OFFICE OF REGULATORY STAFF AND THE PUBLIC SERVICE
COMMISSION FOR A FILED APPLICATION.

W
hereas, the General
Assembly intends to establish a process for reviewing and mitigating the use of
high-value agricultural lands by photovoltaic energy facilities; and

W
hereas, the
applicability of the Utility Facility Siting and Environmental Protection Act
to a proposed electric generating plant is based on its generating capacity and
not the acreage of the proposed generating plant; and

W
hereas, nothing in
this act shall be construed to affect the definition of "major utility facility"
under the Utility Facility Siting and Environmental Protection Act. Now,
therefore,

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

S
ECTION 1.
C
hapter 33, Title 58 of the S.C. Code is amended by
adding:

A
rticle 9

C
ertification of Photovoltaic Energy Facilities on
Farmland

S
ection
58-33-510
. This article shall be known, and may be cited, as the "Solar,
Agricultural, Farmland, and Environmental Act."

S
ection
58-33-520
.
A
s used in this article, unless otherwise
clearly apparent from the context:

(
1) "Clemson
Extension" means the Clemson University Cooperative Extension Service.

(
2) "Commission"
means the Public Service Commission.

(
3) "Commence
to construct" means any clearing of land, excavation, or other action that
would adversely affect the natural environment of the site or route of a
photovoltaic energy facility on farmland, but does not include surveying or
changes needed for temporary use of sites or routes for nonutility purposes, or
uses in securing geological data, including necessary borings to ascertain
foundation conditions.

(
4) "Farmland"
means any land that is taxable as agricultural land and has been utilized to
grow crops, other than timber, that could have been sold for a profit within
the previous five calendar years. Land used for timber is not considered
farmland for purposes of this article.

(
5) "Municipality"
means any county or municipality within this State.

(
6) "Person"
includes any individual, group, firm, partnership, corporation, cooperative,
association, governmental subdivision, governmental agency, local government,
municipality, any other organization, or any combination of any of the
foregoing, and includes the South Carolina Public Service Authority.

(
7) "Photovoltaic
energy facility" means a facility where electricity is generated by capturing
energy by photovoltaic systems or solar thermal systems and the facility
occupies a space that is twenty acres or greater.

(
8) "Public
utility" or "utility" means any person engaged in the generating, distributing,
sale, delivery, or furnishing of electricity for public use.

(
9) "Land"
means any real estate or any estate or interest therein, including water and
riparian rights, regardless of the use to which it is devoted.

(
10)
"Certificate" means a certificate of environmental compatibility and public
convenience and necessity.

(
11)
"Regulatory Staff" means the Executive Director or the Executive Director and
the employees of the Office of Regulatory Staff.

S
ection
58-33-530
.
(
A)(1) No person shall
commence to construct a photovoltaic energy facility on farmland without first
having obtained a certificate issued with respect to that facility by the
commission. The replacement of an existing photovoltaic energy facility with a like
facility, as determined by the commission, shall not constitute construction of
a photovoltaic energy facility. Any photovoltaic energy facility, with respect
to which a certificate is required, shall be constructed, operated, and
maintained in conformity with the certificate and any terms, conditions, and
modifications contained therein. A certificate may only be issued pursuant to
this article; provided, however, any authorization relating to a photovoltaic
energy facility on farmland granted under other laws administered by the
commission shall constitute a certificate if the requirements of this article
have been complied with in the proceeding leading to the granting of such
authorization.

(
2)
All land that is taxable as agricultural land upon which an applicant seeks to
construct a photovoltaic energy facility is considered farmland for purposes of
this article unless and until the applicant has a determination in writing from
the Clemson Extension that the land upon which it seeks to construct a
photovoltaic energy facility is not farmland as defined in this article. A copy
of all requests for a determination from the Clemson Extension as to whether
land is farmland must be provided to the Regulatory Staff on the day on which
the request is made. To the extent a person seeks to construct a photovoltaic
energy facility on land that is determined by the Clemson Extension to not be
farmland, it is not subject to the terms of this article

(
B) A
certificate may be transferred, subject to the approval of the commission, to a
person who agrees to comply with the terms, conditions and modifications
contained therein.

(
C) A
certificate may be amended, subject to the approval of the commission.

(
D)
This article shall not apply to any photovoltaic energy facility on farmland,
for which:

(
1)
construction of the photovoltaic energy facility is commenced within one year
after January 1, 2023;

(
2)
prior to January 1, 2023, an application for the approval has been made to any
federal, state, regional, or local governmental agency which possesses the
jurisdiction to consider the matters described in Section
58-33-580
(A); or

(
3)
prior to January 1, 2023, a governmental agency has approved the construction
of the photovoltaic energy facility and indebtedness has been incurred to
finance all or part of the cost of such construction.

(
E)
Any person intending to construct a photovoltaic energy facility on farmland
excluded from this article pursuant to subsection (D) may elect to waive the
exclusion by delivering notice of the waiver to the commission. This article
shall thereafter apply to each photovoltaic energy facility constructed on
farmland identified in the notice from the date of its receipt by the
commission.

(
F)
The commission shall have authority to waive the normal notice and hearing
requirements of this article and to issue a certificate on an emergency basis
if it finds that immediate construction of a photovoltaic energy facility on
farmland is justified by public convenience and necessity, provided, that the
commission must notify all parties concerned pursuant to Section
55-33-560

prior to the issuance of the certificate. The commission may subsequently
require a modification of the facility if, after giving due consideration to
the photovoltaic energy facility on farmland, available technology and the
economics involved, it finds the modification necessary in order to minimize
the environmental impact.

(
G)
The commission shall have authority, where justified by public convenience and
necessity, to grant permission to a person who has made application for a
certificate pursuant to Section
58-33-540
to proceed with initial clearing,
excavation, dredging, and construction; provided, however, that in engaging in
such clearing, excavation, dredging, or construction, the person shall proceed
at his own risk, and such permission shall not in any way indicate approval by
the commission of the proposed site or photovoltaic energy facility.

S
ection
58-33-540
.
(
A) An applicant for a
certificate must file an application with the commission, in such form as the
commission may prescribe. The application must contain the following
information:

(
1)
a description of the location and of the photovoltaic energy facility to be
built;

(
2)
a summary of any studies which have been made by or for the applicant regarding
the environmental impact of the photovoltaic energy facility;

(
3)
a statement explaining the need for the photovoltaic energy facility; and

(
4)
any other information as the applicant may consider relevant or as the
commission may by regulation or order require. A copy of the study referred to
in item (2) must be filed with the commission, if ordered, and must be
available for public information.

(
B)
Each application must be accompanied by proof of service of a copy of the
application on the Regulatory Staff, the chief executive officer of each
municipality, and the head of each state and local governmental agency, charged
with the duty of protecting the environment or of planning land use, in the
area in the county in which any portion of the photovoltaic energy facility is
to be located. The copy of the application must be accompanied by a notice
specifying the date on or about which the application is to be filed.

(
C)
Each application also must be accompanied by proof that written public notice
was given at least 90 days prior to the date on which the application was filed
with the commission to persons residing in the municipalities entitled to
receive notice pursuant to subsection (B), by the publication of a summary of
the application, and the date on or about which it is to be filed, and in
newspapers of general circulation as will serve substantially to inform the
persons of the application.

(
D)
Inadvertent failure of service on, or notice to, any of the municipalities,
governmental agencies, or persons identified in subsections (B) and (C) may be
cured pursuant to the orders of the commission designed to afford them adequate
notice to enable their effective participation in the proceeding. In addition,
the commission may, after filing, require the applicant to serve notice of the
application or copies, or both, upon the other persons, and file proof, as the
commission may deem appropriate.

(
E)
An application for an amendment of a certificate must be in the form and
contain information as the commission shall prescribe. Notice of the
application must be given as provided in subsections (B) and (C).

S
ection
58-33-550
.
(
A) Upon receipt of an
application complying with Section
58-33-540
, the commission must promptly
establish a date for the commencement of a public hearing not less than sixty
days nor more than ninety days after the receipt of the application. This public
hearing must take place within the county where the farmland is located and is
intended to allow the public to present testimony to the commission regarding
the potential photovoltaic energy facility.

(
B)
Upon the receipt of an application complying with Section
58-33-540
, the
commission must promptly establish a date for the commencement of a hearing not
less than ninety days nor more than one hundred twenty days after the receipt
of the application and must conclude the proceedings as expeditiously as
practicable. The testimony at the hearing may be presented in writing or
orally, provided that the commission may make rules designed to exclude
repetitive, redundant, or irrelevant testimony.

(
C)
The commission must hold a hearing regarding an application to amend a
certificate in the same manner as a hearing for an application for a
certificate if the proposed change in the photovoltaic energy facility would
result in any significant increase in any environmental impact of the facility
or a substantial change in the location of all or a portion of the facility.
The commission must forward a copy of the application to amend a certificate to
all parties upon the filing of the application.

S
ection
58-33-560
.
(
A) The parties to a
certification proceeding must include:

(
1)
the applicant;

(
2)
the Regulatory Staff, the Department of Health and Environmental Control, the
Department of Natural Resources, all land-grant universities in the State, the
Department of Agriculture, and the Department of Parks, Recreation and Tourism;

(
3)
each municipality and governmental agency entitled to receive service of a copy
of the application pursuant to Section
55-33-540
(B) that filed with the
commission a notice of intervention as a party within thirty days after the
date it was served with a copy of the application; and

(
4)
any person residing in a municipality entitled to receive service of a copy of
the application pursuant to Section
55-33-540
, any domestic nonprofit
organization formed in whole or in part to promote conservation or natural
beauty, to protect the environment, personal health, or other biological
values, to preserve historical sites, to promote consumer interest, to
represent commercial and industrial groups, or to promote the orderly
development of the area in which the photovoltaic energy facility is to be
located, or any other person that petitioned the commission for leave to
intervene as a party, within thirty days after the date given in the published
notice as the date for filing the application, and if the petition has been
granted by the commission for good cause shown.

(
B)
The commission may, in extraordinary circumstances for good cause shown, and
giving consideration to the need for the timely start of construction of the
photovoltaic energy facility, grant a petition for leave to intervene as a
party to participate in subsequent phases of the proceeding, filed by a
municipality, governmental agency, person, or organization described in subsection
(A)(2) or (3) of this section, but which failed to file a timely notice of
intervention or petition for leave to intervene.

S
ection
58-33-570
.
(
A) A record must be
made of all hearings and of all testimony taken and the cross-examination. Upon
request of a party, either before or after the decision, a state agency which
either proposes to require or does require a condition to be included in the
certificate as provided in Section
58-33-580
must furnish for the record all
factual findings, documents, studies, rules, regulations, standards, or other
documentation supporting the condition.

(
B)
The commission may provide for the consolidation of the representation of
parties having similar interests.

S
ection
58-33-580
.
(
A) The commission must
render a decision upon the record either granting or denying the application as
filed, or granting it upon the terms, conditions, or modifications of the
construction, operation, or maintenance of the photovoltaic energy facility on
farmland as the commission may deem appropriate; such conditions must be as
determined by the applicable state agency having jurisdiction or authority
under statutes, rules, regulations, or standards promulgated thereunder, and
the conditions must become a part of the certificate. The commission may not
grant a certificate for the construction, operation, and maintenance of a
photovoltaic energy facility on farmland, either as proposed or as modified by
the commission, unless it shall find and determine:

(
1)
that public convenience and necessity require the construction of the
photovoltaic energy facility;

(
2)
that construction of the photovoltaic energy facility on farmland is just and
reasonable and in the public interest; and

(
3)
a determination that the loss of farmland due to construction of the
photovoltaic energy facility is outweighed by the quantifiable net benefits to
the State from the construction of the photovoltaic energy facility.

(
B)
If the commission determines that the location of all or a part of the proposed
photovoltaic energy facility should be modified, it may condition its
certificate upon the modification, provided that the municipalities and persons
residing therein affected by the modification have been given reasonable
notice.

(
C) A
copy of the decision and any opinion must be served by the commission upon each
party.

S
ection
58-33-590
. The commission must issue an order within one hundred eighty days
from the date on which the application is filed. In rendering a decision on an
application for a certificate, the commission must issue an opinion stating its
reasons for the action taken.

S
ection
58-33-600
.
(
A) All entities and
persons filing an application pursuant to Section
58-33-540
must bear the costs
associated with the filing that are incurred by the Regulatory Staff and the
commission, except for filings made pursuant to Section
58-33-540
by an entity
that is a public utility that pays a license tax pursuant to Section
12-20-100
.

(
B)
(
1) If costs are due, the Regulatory
Staff must report to the Department of Revenue all costs incurred by the
Regulatory Staff in investigating the application filed pursuant to Section
58-33-540
. These costs must be paid by the person that filed the application to
the Department of Revenue and the costs must be remitted to the Regulatory
Staff within thirty days of the Regulatory Staff making the report to the
Department of Revenue.

(
2)
The Regulatory Staff must report all costs incurred pursuant to item (1) to
Department of Revenue not later than one year from the date the costs were
incurred.

(
C)
(
1) If costs are due, the commission
must report to the Department of Revenue all costs incurred by the commission
in adjudicating the application filed pursuant to Section
58-33-540
. These
costs must be paid by the person that filed the application to the Department
of Revenue and the costs must be remitted to the commission within thirty days
of the commission making the report to the Department of Revenue.

(
2)
The commission must report all costs incurred pursuant to item (1) to the
Department of Revenue not later than one year from the date the costs were
incurred.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

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