South Carolina H 3768: Highway system construction

Bill Text

2025-2026 Bill 3768 Text of Previous Version (May. 12, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3768

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

AMENDED - NOT PRINTED 
BILL FOR THE HOUSE

Amt. No. 1 (LC-3768.DG0002H.docx)

May 12, 2026

H. 3768

Introduced 
by Reps. Brewer, Gatch, Robbins, Schuessler, Sessions and Kirby

S. Printed 5/12/26--H.

Read the first time January 16, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by amending act 
36 of 2019, relating to highway system construction, so as to change the sunset 
expiration provision to july 1, 2031.

 Amend Title To Conform

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

SECTION 1. SECTION 
2 of Act 36 of 2019 is amended to read:

 SECTION 2. The 
requirements of Section 57-5-880, as added by this act, expire on July 1, 20262032, unless otherwise 
extended by the General Assembly.

SECTION 
2.A. Article 7, Chapter 3, Title 57 of the S.C. 
Code is amended by adding:

 Section 
57-3-790. (A) The State waives its immunity under the 11th Amendment of the 
United States Constitution and consents to suit in a federal court for lawsuits 
arising out of the department's compliance, discharge, or enforcement of 
responsibilities assumed pursuant to 23 U.S.C. Sections 326 and 327. The waiver 
of immunity under this section is valid only if:

 (1) 
the Secretary of Transportation executes a memorandum of understanding with the 
United States Department of Transportation accepting the jurisdiction of the 
federal courts as required by 23 U.S.C. Sections 326(c) and 327(c);

 (2) 
before execution of the memorandum of understanding under subsection (A), the 
South Carolina Attorney General has issued an opinion letter to the Secretary 
of Transportation and the administrator of the Federal Highway Administration 
that the memorandum of understanding and the waiver of immunity are valid and 
binding upon the State;

 (3) 
the act or omission that is the subject of the lawsuit arises out of or relates 
to compliance, discharge, or enforcement of responsibilities assumed by the 
department pursuant to 23 U.S.C. Sections 326 and 327; and

 (4) 
the memorandum of understanding is in effect when the act or omission that is 
the subject of the federal lawsuit occurred.

 (B) 
Within one year of submitting an application to assume administration of 23 
U.S.C. Sections 326 and 327, otherwise known as the National Environmental 
Policy Act (NEPA) Assignment Program pursuant to this section, the secretary 
shall issue a NEPA Manual detailing the manner in which the department will 
carry out its NEPA responsibilities. The department must provide a public 
comment period of at least thirty days on a draft NEPA Manual prior to issuance 
of a final NEPA Manual.

 (C) The 
department must annually publish a report describing the department's 
assumption of NEPA responsibilities. The annual report must be made available 
to the public and posted on the department's website. That report shall 
include, but not be limited to, an analysis of time savings, an analysis of 
positive and negative financial impacts, and a summary of any legal actions 
challenging the department's actions under the program.

 (D) The 
Secretary of Transportation is given the authority to coordinate with the 
Director of the Department of Environmental Services, the Director of the 
Department of Natural Resources, the Director of the Department of Archives and 
History, and any other agency head whose agency may impact the issuance of 
environmental decisions necessary to expedite the delivery of transportation 
projects. Such agency heads must be responsive to such requests of the 
Secretary of Transportation. The department shall include in the report 
required in subsection (C) on all state agency activities related to permit and 
environmental decisions related to transportation projects.

B. This SECTION takes effect July 1, 2026.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on May 12, 2026 at 05:18 PM