Lexington County
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The data center exemption in S.C. Code Section 12-36-2120, added by legislation in the 2011-2012 session, exempts qualifying data centers from sales and use tax on their electricity and on computer equipment and software, if the owner invests at least $50 million over five years, employs at least 25 full-time workers and pays wages of at least 150% of the county's per capita income; claims totaled about $828,000 in the fiscal year ending June 2025. (SC Daily Gazette, April 24, 2026; South Carolina General Assembly, Jan. 14, 2026) The South Carolina Energy Security Act (H. 3309, Act No. 41, signed May 12, 2025) cleared the Senate 35-11 on May 7, 2025, after the House dropped Senate amendments that would have ended data center tax incentives, required 15-year power contracts and made data centers report water use; its Section 32 (S.C. Code 58-41-50(E)) only encourages utilities to set operational and financial requirements for new loads over 50 MW, through form contracts, tariffs or service regulations, or credit policies. (South Carolina General Assembly, May 12, 2025; South Carolina General Assembly, Oct. 24, 2026; Southern Environmental Law Center, May 7, 2025; South Carolina Policy Council, Oct. 11, 2025) H. 5122 (Act No. 242, signed May 19, 2026) created a sales tax exemption and refund for internet and communications providers' equipment and electricity, but bars data centers with a contracted peak demand of 50 MW or more that become electric customers after Dec. 31, 2026, from using it; H. 4925 (2026), which would have extended the existing data center exemption to related persons of the taxpayer, never left House Ways and Means. (South Carolina General Assembly, May 19, 2026; South Carolina General Assembly, Jan. 14, 2026) Data center regulation bills died when the 2026 session ended May 14, 2026: S. 867 (Data Center Development Act: state permits, a new office at the Department of Environmental Services, PSC full-cost rules, water and noise standards) got a favorable Senate Agriculture and Natural Resources Committee report on April 28, 2026 but no floor vote; S. 784 (repeal data center tax incentives, 15-year contracts with collateral for loads of 100 MW or more) and S. 902 (Data Center Siting Act) never left Senate Judiciary. (South Carolina General Assembly, Jan. 29, 2026; South Carolina General Assembly, Jan. 13, 2026; South Carolina General Assembly, Feb. 10, 2026; WRHI, April 29, 2026; South Carolina Policy Council, Feb. 13, 2026; SC Daily Gazette, June 26, 2026; SC Daily Gazette, May 15, 2026) Two House joint resolutions for a statewide moratorium, H. 5286 (no final state or local approval of new data centers until Jan. 1, 2028; filed Feb. 26, 2026) and H. 5526 (no data center applications or permits for facilities of 5 MW or more until lawmakers set up an oversight and approval process; filed April 14, 2026), never left House Ways and Means. (South Carolina General Assembly, Feb. 26, 2026; South Carolina General Assembly, April 14, 2026; WMBF News, March 4, 2026) Santee Cooper's board unanimously adopted an experimental large-load rate (Schedule L-25-LL) effective April 25, 2025 and available through April 24, 2029; it is mandatory for data or computing facilities and other high-load-factor facilities over 50 MW, and requires contracts of at least 15 years, minimum bills and billing demand, collateral covering 15 years of minimum bills, and a ramp to full contracted load within three years. (SC Daily Gazette, April 25, 2025; Santee Cooper, April 25, 2025) Under settlements in their 2025 rate cases, Duke Energy Carolinas and Duke Energy Progress agreed to seek a generic docket on large new loads; on Duke's May 27, 2026 petition, the PSC opened Docket 2026-138-E to take comments on loads of 50 MW or more, covering minimum contract terms, billing demand, collateral, exit rules and cost treatment (Order No. 2026-362, June 17, 2026, set the procedural schedule). (Public Service Commission of South Carolina, July 6, 2026; Sierra Club, Oct. 30, 2025) South Carolina data centers →