# South Carolina H 5438: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA COMMUNITY CHOICE AGGREGATION ACT" BY ADDING CHAPTER 45 TO TITLE 58 SO AS TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING A COMMUNITY CHOICE AGGREGATION; TO PROVIDE FOR THE RELATED DUTIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; TO PROVIDE FOR THE RESPONSIBILITIES OF THE ELECTRICAL UTILITIES; TO PROVIDE THAT PARTICIPATION IN COMMUNITY CHOICE AGGREGATIONS ARE VOLUNTARY AND REQUIRE NOTICE AND OPT-OUT PROVISIONS; TO ESTABLISH STANDARDS FOR COMMUNITY CHOICE AGGREGATION RATES; TO PROVIDE REQUIREMENTS FOR COMMUNITY CHOICE AGGREGATIONS RELATED TO ITS RESOURCES, PLANNING, MARKETING, BILLING, ANNUAL REPORTS, AND FINANCIAL SECURITY; TO REQUIRE THE OFFICE OF REGULATORY STAFF TO ESTABLISH A COMPLAINT AND DISPUTE RESOLUTION PROCESS FOR CUSTOMERS; TO PROHIBIT CUSTOMER DATA BEING USED FOR PURPOSES OTHER THAN PROVIDING SERVICES AND TO SAFEGUARD CUSTOMER DATA; TO PERMIT TERMINATION OF SERVICE PURSUANT TO TERMS APPROVED BY THE PUBLIC SERVICE COMMISSION; TO PERMIT THE OFFICE OF REGULATORY STAFF TO AUDIT COMMUNITY CHOICE AGGREGATIONS AND THEIR VENDORS; TO PERMIT AN ELECTRIC COOPERATIVE OR MUNICIPAL UTILITY TO EITHER OFFER OR PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION; AND TO REQUIRE THE PUBLIC SERVICE COMMISSION TO PROMULGATE REGULATIONS.

South Carolina H 5438, A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA COMMUNITY CHOICE AGGREGATION ACT" BY ADDING CHAPTER 45 TO TITLE 58 SO AS TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING A COMMUNITY CHOICE AGGREGATION; TO PROVIDE FOR THE RELATED DUTIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; TO PROVIDE FOR THE RESPONSIBILITIES OF THE ELECTRICAL UTILITIES; TO PROVIDE THAT PARTICIPATION IN COMMUNITY CHOICE AGGREGATIONS ARE VOLUNTARY AND REQUIRE NOTICE AND OPT-OUT PROVISIONS; TO ESTABLISH STANDARDS FOR COMMUNITY CHOICE AGGREGATION RATES; TO PROVIDE REQUIREMENTS FOR COMMUNITY CHOICE AGGREGATIONS RELATED TO ITS RESOURCES, PLANNING, MARKETING, BILLING, ANNUAL REPORTS, AND FINANCIAL SECURITY; TO REQUIRE THE OFFICE OF REGULATORY STAFF TO ESTABLISH A COMPLAINT AND DISPUTE RESOLUTION PROCESS FOR CUSTOMERS; TO PROHIBIT CUSTOMER DATA BEING USED FOR PURPOSES OTHER THAN PROVIDING SERVICES AND TO SAFEGUARD CUSTOMER DATA; TO PERMIT TERMINATION OF SERVICE PURSUANT TO TERMS APPROVED BY THE PUBLIC SERVICE COMMISSION; TO PERMIT THE OFFICE OF REGULATORY STAFF TO AUDIT COMMUNITY CHOICE AGGREGATIONS AND THEIR VENDORS; TO PERMIT AN ELECTRIC COOPERATIVE OR MUNICIPAL UTILITY TO EITHER OFFER OR PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION; AND TO REQUIRE THE PUBLIC SERVICE COMMISSION TO PROMULGATE REGULATIONS., is a 126th General Assembly (2025-2026) House bill sponsored by Gary S. Brewer, Jr. (Republican); status failed, last action 2026-06-04 (Scrivener's error corrected) (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/SC-H5438-2025-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: South Carolina H 5438
- State: South Carolina
- Session: 126th General Assembly (2025-2026)
- Title: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA COMMUNITY CHOICE AGGREGATION ACT" BY ADDING CHAPTER 45 TO TITLE 58 SO AS TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING A COMMUNITY CHOICE AGGREGATION; TO PROVIDE FOR THE RELATED DUTIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; TO PROVIDE FOR THE RESPONSIBILITIES OF THE ELECTRICAL UTILITIES; TO PROVIDE THAT PARTICIPATION IN COMMUNITY CHOICE AGGREGATIONS ARE VOLUNTARY AND REQUIRE NOTICE AND OPT-OUT PROVISIONS; TO ESTABLISH STANDARDS FOR COMMUNITY CHOICE AGGREGATION RATES; TO PROVIDE REQUIREMENTS FOR COMMUNITY CHOICE AGGREGATIONS RELATED TO ITS RESOURCES, PLANNING, MARKETING, BILLING, ANNUAL REPORTS, AND FINANCIAL SECURITY; TO REQUIRE THE OFFICE OF REGULATORY STAFF TO ESTABLISH A COMPLAINT AND DISPUTE RESOLUTION PROCESS FOR CUSTOMERS; TO PROHIBIT CUSTOMER DATA BEING USED FOR PURPOSES OTHER THAN PROVIDING SERVICES AND TO SAFEGUARD CUSTOMER DATA; TO PERMIT TERMINATION OF SERVICE PURSUANT TO TERMS APPROVED BY THE PUBLIC SERVICE COMMISSION; TO PERMIT THE OFFICE OF REGULATORY STAFF TO AUDIT COMMUNITY CHOICE AGGREGATIONS AND THEIR VENDORS; TO PERMIT AN ELECTRIC COOPERATIVE OR MUNICIPAL UTILITY TO EITHER OFFER OR PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION; AND TO REQUIRE THE PUBLIC SERVICE COMMISSION TO PROMULGATE REGULATIONS.
- Status: failed
- Chamber: House
- Introduced: 2026-03-26
- Last action: 2026-06-04, Scrivener's error corrected
- Sponsor: Gary S. Brewer, Jr. (Republican)
- Cosponsors: 0
- Touches household money: no
- Economic provisions PRIA read: 0

## Summary

SC Community Choice Aggregation Act

## Bill overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Gary S. Brewer, Jr. (Republican), House

## Actions (3)

- 2026-06-04: Scrivener's error corrected (legislature)
- 2026-03-26: Referred to Committee on Labor, Commerce and Industry (House)
- 2026-03-26: Introduced and read first time (House)

## Bill text

- Introduced: [HTML](https://www.scstatehouse.gov/sess126_2025-2026/bills/5438.htm)

## Related bills

- S 0623: AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO ALLOW THE COUNTY TO INSTEAD ENFORCE AE STANDARDS IN GEORGETOWN COUNTY'S FLOOD DAMA… (became law)
- S 0586: AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATIO… (signed)
- H 5653: AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD OF EDUCATION, SO AS TO CLARIFY THE METHOD BY WHICH PERSONS FILE TO BECOME A CANDI… (signed)
- S 1062: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS RE… (signed)
- S 0779: A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RECEIVE A MONTHLY LEGISLATIVE EXPENSE ALLOWANCE OF ONE THOUSAND DOLLARS; TO PROVID… (signed)
- H 5261: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING AS PROVIDED FOR IN CHAPTER 3, TITLE 61 TO MAY 1, 2026. (signed)

## Sources
- [Introduced (HTML)](https://www.scstatehouse.gov/sess126_2025-2026/bills/5438.htm)

## Related
- [S 0623: AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO AL…](https://policyrisk.com/state-bill/SC-S0623-2025-2026)
- [S 0586: AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION…](https://policyrisk.com/state-bill/SC-S0586-2025-2026)
- [H 5653: AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD O…](https://policyrisk.com/state-bill/SC-H5653-2025-2026)
- [S 1062: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDU…](https://policyrisk.com/state-bill/SC-S1062-2025-2026)
- [S 0779: A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RE…](https://policyrisk.com/state-bill/SC-S0779-2025-2026)
- [H 5261: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING…](https://policyrisk.com/state-bill/SC-H5261-2025-2026)
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Source: PRIA, https://policyrisk.com/state-bill/SC-H5438-2025-2026 (as of 2026-10-12).