Kershaw County Council approves fee-in-lieu for 500-MW 'Project Ballast' after hours of public comment

Kershaw County Council approved, on third reading, a fee-in-lieu (FILO) agreement for BRNG LLC—the company behind the proposed 500-megawatt Project Ballast near Bethuneafter a lengthy public hearing and extended council debate.

The ordinance (item 10a) passed with council members Shoemake, Tucker, Connell and Tomlinson voting in favor and council members Cato and Jones opposed; a remote member (Brazel) recorded a no vote, producing a 4-3 tally in favor. The measure authorizes a long-term FILO payment schedule and related special source revenue credits for the project site optioned by the developer.

The vote came at the end of a packed meeting dominated by Project Ballast testimony. Dozens of residents, health professionals and environmental advocates urged council to reject the FILO, citing concerns about air pollution, water use, property values and the potential for the site to later host a data center. Emily Poole, a staff attorney with the South Carolina Environmental Law Project, told the council that, under South Carolina law, a FILO must demonstrate public benefits that outweigh community costs and urged a full cost-benefit analysis. Poole told the council that the project could generate roughly $14 million per year in ordinary property taxes at full build-out but that the FILO would reduce that to about $2 million annually, a drop she described as “over 85%” of foregone revenue.

Opponents also worried about health risks associated with fine particulate matter and nitrogen oxides from burning methane gas and about cumulative impacts on a locally vulnerable population. Multiple speakers described Bethune as a rural community with limited emergency medical access and raised questions about where the plantif builtwould draw cooling water and how much it would require.

Supporters, including several council members who spoke before the vote, argued the county needs to attract development to expand the local tax base and pay for infrastructure and services. Proponents noted the property is zoned for heavy industrial use and said the FILO is the tool counties use to bring large projects and capital investment.

Council members emphasized that approval of the FILO is a narrow financial and contractual decision at this stage; state and federal permitting processes and additional local approvals would follow. The chair noted that a zoning change would be required for any use not already allowed on the site and that future proposals would return to the planning commission or council if they required rezoning.

What's next: the ordinance passed third reading tonight. The vote authorizes county staff to execute the FILO agreement and related credits; it does not approve construction or final permits. Developers and state regulators will still need to complete permitting (including water-use and air-emissions approvals) and any rezoning needed for future, different uses. Council members and residents said they expect ongoing public engagement and oversight as the next steps unfold.