South Carolina H 3845: Transportation improvement projects

Bill Text

2025-2026 Bill 3845 Text of Previous Version (Jan. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3845

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 57-5-880, RELATING TO TRANSPORTATION IMPROVEMENT PROJECTS, SO AS TO 
PROVIDE AN ENTITY UNDERTAKING A FEDERAL HIGHWAY PROJECT SHALL BEAR THE COSTS 
RELATED TO RELOCATING BROADBAND SERVICE LINES AND TO PROVIDE THE REQUIREMENTS 
FOR BROADBAND SERVICE PROVIDERS TO BE ELIGIBLE FOR RELOCATION PAYMENTS; AND by REPEALing 
SECTION 2 OF ACT 36 OF 2019 RELATED TO A SUNSET PROVISION.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 57-5-880 of the S.C. Code is amended to read:

 Section 
57-5-880. Section effective until July 1, 2026.

 (A) 
For the purposes of this section:

 (1) 
"Betterment" means any upgrade to a facility being relocated that is made 
solely for the benefit of the public water system or 
broadband service and that is not attributable to the improvement, 
construction, reconstruction, or alteration of roads, streets, or highways 
undertaken by the department.

 (2) "Broadband service" means a service 
that meets the definition of "broadband service" as defined in Section 58-9-10 
and that has transmission speeds that are equal to or greater than the 
requirements defined by the Federal Communications Commission for broadband 
data gathering and reporting. This definition does not modify or otherwise 
affect the definition of "broadband services" for the purposes of Section 
58-9-280.

 (3) "Broadband service provider" means 
a person or entity that offers broadband service to the public.

 (2)(4) "Costs related to relocating water, and sewer, and broadband lines" means the amount attributable to 
the relocation, less the amount of any betterment made to the system, and as to broadband service lines, less any salvage value 
derived from the old facility. Costs related to relocating water, and sewer, and broadband lines include, but are not limited to, right-of-way right of way acquisition 
to accommodate the relocated utility or broadband service 
provider, if in the best interests of the transportation improvement 
project, design, engineering, permitting, removal, installation, inspection, 
materials, and labor costs.

 (5) "Federal highway project" means any 
project in connection with the federal-aid highway system that is funded in 
whole or in part with federal funds.

 (3)(6) "Large public sewer utility" means a public sewer 
utility that does not meet the definition of a small public sewer utility.

 (4)(7) "Large public water utility" means a public water 
utility that does not meet the definition of a small public water utility.

 (5)(8) "Public highway system" means:

 (a) 
the state highway system as defined in Section 57-5-10;

 (b) 
roads, streets, and highways under the jurisdiction of a county or 
municipality; and

 (c) 
bridges, tunnels, overpasses, underpasses, interchanges, and other similar 
facilities located throughout the State.

 (6)(9) "Public sewer system" means a sewer system that 
provides sewer services to the public and that is publicly owned or owned by a 
private, not-for-profit entity as defined in Chapter 31, Title 33.

 (7)(10) "Public water system" means, for the purposes of this 
chapter, any publicly owned or privately owned not-for-profit, as defined in 
Chapter 31, Title 33, waterworks system that provides water, whether piped or 
delivered through some other constructed conveyance, for human consumption, 
including the source of supply, whether the source of supply is of surface or 
subsurface origin.

 (8)(11) "Relocating" or "relocated" means an adjustment 
necessitated by a transportation improvement project of a public water system 
or public sewer system facility by removing and reinstalling the facility; a 
move, rearrangement, or change of the type of existing facilities; necessary 
safety and protective measures; or the construction of a replacement facility 
that is both functionally equivalent to, but not including any betterment of, 
the existing facility that is necessary for the continuous operation of the 
system's service.

 (9)(12) "Small public sewer utility" means a public sewer 
utility that has ten thousand or fewer sewer connections and that serves a 
population of thirty thousand or less. In determining whether a public utility 
offering water or sewer services qualifies as a small utility, the number of 
water taps and sewer connections shall be counted separately and shall not be 
combined.

 (10)(13) "Small public water utility" means a public water 
utility that has ten thousand or fewer water taps and that serves a population 
of thirty thousand or less. In determining whether a public utility offering 
water or