# South Carolina H 5440: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 32 TO TITLE 58 SO AS TO ALLOW ELIGIBLE CUSTOMERS TO PURCHASE ALL OR PART OF THEIR ELECTRICITY DEMAND FROM THIRD-PARTY ELECTRIC SUPPLIERS; TO ESTABLISH RELATED TERMS, CONDITIONS, AND REQUIREMENTS FOR ELIGIBLE CUSTOMERS, THIRD-PARTY ELECTRIC SUPPLIERS, AND INCUMBENT ELECTRIC SUPPLIERS FOR ELECTRIC SERVICES, INCLUDING TRANSMISSION SERVICES; TO ESTABLISH CERTAIN COST REQUIREMENTS; AND TO ESTABLISH THE PUBLIC SERVICE COMMISSION STANDARDS OF REVIEW, INCLUDING THE REQUIREMENT TO APPROVE A TARIFF CONTAINING A PRO FORMA CONTRACT.

South Carolina H 5440, A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 32 TO TITLE 58 SO AS TO ALLOW ELIGIBLE CUSTOMERS TO PURCHASE ALL OR PART OF THEIR ELECTRICITY DEMAND FROM THIRD-PARTY ELECTRIC SUPPLIERS; TO ESTABLISH RELATED TERMS, CONDITIONS, AND REQUIREMENTS FOR ELIGIBLE CUSTOMERS, THIRD-PARTY ELECTRIC SUPPLIERS, AND INCUMBENT ELECTRIC SUPPLIERS FOR ELECTRIC SERVICES, INCLUDING TRANSMISSION SERVICES; TO ESTABLISH CERTAIN COST REQUIREMENTS; AND TO ESTABLISH THE PUBLIC SERVICE COMMISSION STANDARDS OF REVIEW, INCLUDING THE REQUIREMENT TO APPROVE A TARIFF CONTAINING A PRO FORMA CONTRACT., 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-H5440-2025-2026
- 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 5440
- State: South Carolina
- Session: 126th General Assembly (2025-2026)
- Title: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 32 TO TITLE 58 SO AS TO ALLOW ELIGIBLE CUSTOMERS TO PURCHASE ALL OR PART OF THEIR ELECTRICITY DEMAND FROM THIRD-PARTY ELECTRIC SUPPLIERS; TO ESTABLISH RELATED TERMS, CONDITIONS, AND REQUIREMENTS FOR ELIGIBLE CUSTOMERS, THIRD-PARTY ELECTRIC SUPPLIERS, AND INCUMBENT ELECTRIC SUPPLIERS FOR ELECTRIC SERVICES, INCLUDING TRANSMISSION SERVICES; TO ESTABLISH CERTAIN COST REQUIREMENTS; AND TO ESTABLISH THE PUBLIC SERVICE COMMISSION STANDARDS OF REVIEW, INCLUDING THE REQUIREMENT TO APPROVE A TARIFF CONTAINING A PRO FORMA CONTRACT.
- 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

Electric Retail Customer Choice and Third-Party Electric Suppliers

## 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/5440.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/5440.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-H5440-2025-2026 (as of 2026-10-12).