South Carolina 2025-2026 Regular Session Status: In Committee

H 5439 — Electricity Retail Choice

Last action — Referred to Committee on Labor, Commerce and Industry

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced March 26, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA ELECTRIC RETAIL CHOICE ACT" BY ADDING CHAPTER 46 TO TITLE 58 SO AS TO PERMIT RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS TO CHOOSE THEIR ELECTRIC GENERATION SUPPLIER; TO PROHIBIT COMPETITIVE ELECTRIC GENERATION SERVICE WITHOUT A PERMIT FROM THE PUBLIC SERVICE COMMISSION AND REQUIRE SUPPLIERS TO PROVIDE CLEAR AND ACCURATE INFORMATION REGARDING ITS RATES, TERMS, AND ENVIRONMENTAL ATTRIBUTES; TO REQUIRE THE PUBLIC SERVICE COMMISSION TO ADOPT RULES AND REGULATIONS FOR ELECTRIC SUPPLIERS AND FOR THE IMPLEMENTATION OF THIS CHAPTER, AND TO ESTABLISH A CUSTOMER COMPLAINT PROCESS; TO ESTABLISH REQUIREMENTS FOR ELECTRIC DISTRIBUTION COMPANIES AND ELECTRICAL UTILITIES; TO PERMIT THE PUBLIC SERVICE COMMISSION TO APPROVE NONBYPASSABLE CHARGES TO RECOVER STRANDED COSTS AND PUBLIC POLICY PROGRAM EXPENSES, AND TO ENSURE FUNDING FOR AND SUPPLIER PARTICIPATION IN CERTAIN PROGRAMS.

Bill Text

What changed in the latest version

100 added · 12 removed

Plain-language change summary

The latest version of Bill H 5439 introduces the "South Carolina Electric Retail Choice Act," allowing residential and small commercial customers to select their electricity generation supplier. Key changes include requiring electric suppliers to provide clear information about rates and environmental impacts and establishing a customer complaint process overseen by the Public Service Commission. These updates aim to enhance consumer choice and competition in the electricity market, potentially leading to lower costs and better service options for South Carolina residents.

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2025-2026 Bill 5439 Text of Previous Version (Mar.
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26, 2026) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 5439Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
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Document has been reformatted to meet World Wide Web specifications.)                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA ELECTRIC RETAIL CHOICE ACT" BY ADDING CHAPTER 46 TO TITLE 58 SO AS TO PERMIT RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS TO CHOOSE THEIR ELECTRIC GENERATION SUPPLIER;
TO PROHIBIT COMPETITIVE ELECTRIC GENERATION SERVICE WITHOUT A PERMIT FROM THE PUBLIC SERVICE COMMISSION AND REQUIRE SUPPLIERS TO PROVIDE CLEAR AND ACCURATE INFORMATION REGARDING ITS RATES, TERMS, AND ENVIRONMENTAL ATTRIBUTES;
TO REQUIRE THE PUBLIC SERVICE COMMISSION TO ADOPT RULES AND REGULATIONS FOR ELECTRIC SUPPLIERS AND FOR THE IMPLEMENTATION OF THIS CHAPTER, AND TO ESTABLISH A CUSTOMER COMPLAINT PROCESS;
TO ESTABLISH REQUIREMENTS FOR ELECTRIC DISTRIBUTION COMPANIES AND ELECTRICAL UTILITIES;
TO PERMIT THE PUBLIC SERVICE COMMISSION TO APPROVE NONBYPASSABLE CHARGES TO RECOVER STRANDED COSTS AND PUBLIC POLICY PROGRAM EXPENSES, AND TO ENSURE FUNDING FOR AND SUPPLIER PARTICIPATION IN CERTAIN PROGRAMS.
  Be it enacted by the General Assembly of the State of South Carolina:
  SECTION 1.  This act may be cited as the "South Carolina Electric Retail Choice Act."   SECTION 2.  The General Assembly finds that:
    (1)   Retail electric competition can provide consumers with lower costs, innovative products, and renewable energy options.
    (2)   Opening the electricity market for residential and small commercial customers must be executed in a manner to preserve reliability, universal service, and consumer protections.
  SECTION 3.  Title 58 of the S.C.
Code is amended by adding:
  CHAPTER 46   Electric Retail Choice       Section 58-46-10.  For purposes of this chapter:
    (1) "Commission" means the South Carolina Public Service Commission.
    (2) "Electric distribution company" means an investor-owned electrical utility providing wires service within South Carolina.
    (3) "Eligible customer" means any residential or small commercial customer as defined by commission rule.
    (4) "Retail choice" means the ability of an eligible customer to purchase electric generation service from a supplier other than the incumbent electrical utility.
    (5) "Supplier" means a person or entity licensed by the commission to provide competitive electric generation service.
      Section 58-46-20.  Beginning on January 1, 2028, all residential and small commercial customers shall have the right to choose their electric generation supplier.
Incumbent electrical utilities shall continue to provide regulated distribution service and default generation service for customers who do not select a supplier.
      Section 58-46-30.  (A) No person shall provide competitive electric generation service without a license granted by the commission.
    (B) The commission shall adopt rules for licensing, financial security, consumer protection, and disclosure requirements for suppliers.
      Section 58-46-40.  (A) Suppliers shall provide clear and accurate information regarding its rates, terms, and environmental attributes.
    (B) Any customer shall have the right to rescind a retail choice contract within seven business days of enrollment without penalty.
    (C) The commission shall establish a customer complaint resolution process and shall enforce marketing standards for suppliers.
      Section 58-46-50.  (A) Electric distribution companies shall provide nondiscriminatory access to their wires for all suppliers.
    (B) Electrical utilities shall offer consolidated billing and maintain reliability and safety of the distribution system.
    (C) The commission may approve nonbypassable charges to recover stranded costs and public policy program expenses.
      Section 58-46-60.  The commission shall ensure continued funding for low-income assistance and energy efficiency programs and suppliers shall participate in such programs as directed by the commission.
      Section 58-46-70.  The commission shall promulgate regulations in accordance with the terms of this chapter.
  SECTION 4.  Within eighteen months from the effective date of this act, the commission must promulgate its initial regulations to implement the provisions of this act.
These regulations must include:
    (1) supplier licensing standards;
    (2) consumer protection rules;
    (3) tariff and billing protocols;
and     (4) stranded costs recovery mechanisms.
  SECTION 5.  This act takes effect upon approval by the Governor.
----XX---- This web page was last updated on March 26, 2026 at 12:01 PM
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Action History

  1. Referred to Committee on Labor, Commerce and Industry

  2. Introduced and read first time

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 169 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does H 5439 do?
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA ELECTRIC RETAIL CHOICE ACT" BY ADDING CHAPTER 46 TO TITLE 58 SO AS TO PERMIT RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS TO CHOOSE THEIR ELECTRIC GENERATION SUPPLIER; TO PROHIBIT COMPETITIVE ELECTRIC GENERATION SERVICE WITHOUT A PERMIT FROM THE PUBLIC SERVICE COMMISSION AND REQUIRE SUPPLIERS TO PROVIDE CLEAR AND ACCURATE INFORMATION REGARDING ITS RATES, TERMS, AND ENVIRONMENTAL ATTRIBUTES; TO REQUIRE THE PUBLIC SERVICE COMMISSION TO ADOPT RULES AND REGULATIONS FOR ELECTRIC SUPPLIERS AND FOR THE IMPLEMENTATION OF THIS CHAPTER, AND TO ESTABLISH A CUSTOMER COMPLAINT PROCESS; TO ESTABLISH REQUIREMENTS FOR ELECTRIC DISTRIBUTION COMPANIES AND ELECTRICAL UTILITIES; TO PERMIT THE PUBLIC SERVICE COMMISSION TO APPROVE NONBYPASSABLE CHARGES TO RECOVER STRANDED COSTS AND PUBLIC POLICY PROGRAM EXPENSES, AND TO ENSURE FUNDING FOR AND SUPPLIER PARTICIPATION IN CERTAIN PROGRAMS.
Who sponsors H 5439?
H 5439 is sponsored by Representative Gary S. Brewer, Jr..
What is the current status of H 5439?
This bill is in committee in the House. Introduced March 26, 2026. It must pass committee before a floor vote.
Where can I track H 5439?
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