All Roll Calls
Yes: 267 • No: 0
South CarolinaH 3571126th General Assembly (2025-2026)House
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-36-20, RELATING TO DEFINITIONS, SO AS TO ADD DEFINITIONS FOR "COMMENCEMENT DATE," "LARGE PROJECT," "LARGE PROJECT FACILITY LOCATION AGREEMENT," "NOTICE," "PRE-MARKING," "PRIVATE FACILITY," "PROJECT INITIATOR," AND "SOFT DIGGING," AND TO AMEND THE DEFINITIONS OF "EXCAVATE," "EXCAVATOR," AND "OPERATOR"; BY AMENDING SECTION 58-36-50, RELATING TO THE OPERATORS ASSOCIATION NOTIFICATION CENTER, SO AS TO CLARIFY OPERATOR PENALTY FOR FAILURE TO BE A MEMBER OF THE ASSOCIATION, THE NOTIFICATION CENTER'S DUTIES, AND OTHER CHANGES; BY AMENDING SECTION 58-36-60, RELATING TO NOTICES OF INTENT TO EXCAVATE OR DEMOLISH, SO AS TO CLARIFY CERTAIN NOTICE REQUIREMENTS, PROVIDE ADDITIONAL TIME FOR NOTICE FOR CERTAIN EXCAVATIONS OR DEMOLITIONS, AND OTHER CHANGES; BY AMENDING SECTION 58-36-70, RELATING TO INFORMATION SUPPLIED BY OPERATORS, SO AS TO REQUIRE NOTICE TO EXCAVATORS PRIOR TO THE COMMENCEMENT DATE, REQUIRE QUARTERLY REPORTS OF DAMAGES CAUSED BY EXCAVATIONS OR DEMOLITIONS, AND TO CLARIFY PAYMENTS OF CIVIL PENALTIES IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 58-36-80, RELATING TO EMERGENCY EXCAVATIONS OR DEMOLITIONS EXEMPT FROM NOTICE REQUIREMENTS AND LIABILITY FOR DAMAGES, SO AS ESTABLISH ADDITIONAL NOTIFICATION AND RESPONSE REQUIREMENTS IN THE EVENT OF AN EMERGENCY AND TO MAKE A FALSE CLAIM OF AN EMERGENCY A VIOLATION OF THIS CHAPTER; BY AMENDING SECTION 58-36-90, RELATING TO NOTICES OF DAMAGES, SO AS TO REQUIRE EXCAVATORS TO IMMEDIATELY REPORT ANY KNOWN DAMAGES TO THE NOTIFICATION CENTER AND FACILITY OPERATOR; BY AMENDING SECTION 58-36-100, RELATING TO DESIGN REQUESTS AND OPERATOR RESPONSES, SO AS TO ADD REFERENCES TO LARGE PROJECTS; BY AMENDING SECTION 58-36-110, RELATING TO EXEMPTIONS FROM NOTICE REQUIREMENTS, SO AS TO STRIKE CURRENT PROVISIONS; BY AMENDING SECTION 58-36-120, RELATING TO PENALTIES AND CIVIL REMEDIES, SO AS TO PROVIDE FOR A COMPLAINT PROCESS AND TO PROVIDE FOR PENALTIES; AND BY ADDING SECTION 58-36-75 SO AS TO PROVIDE A PROCESS FOR LARGE PROJECTS.
Sponsored By: David R. Hiott (Republican)
Signed by Governor
Summary
Underground Facility Damage Prevention
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 2 benefits, 1 costs, 8 mixed.
New complaint process and higher fines
Beginning May 22, 2026, you must file complaints about violations with the Attorney General within 45 days. The AG sends cases to the notification center to investigate and mediate within six months (one six‑month extension is allowed). If mediation fails and the AG finds a prima facie case, you may sue. Courts can fine up to $5,000 per violation, and up to $25,000 for serious offenses like failing to join the association, gross negligence causing damage, failure to promptly report damage, concealment, willfully destroying marks, or intentional violations. Courts award reasonable attorney’s fees to winning complainants. Fines go to the state’s general fund.
Stricter notice windows and size limits
For most digs, you must give 3–12 full working days’ notice before the start date. Near underwater facilities, you must give 10–20 full working days’ notice. Each notice expires 15 working days after the listed start time; file a new notice to keep working. A notice must include your contact info, start date, expected duration, work type, location, and if you will use explosives. One notice can cover at most a quarter mile or five adjoining addresses; non‑large projects over a quarter mile but under one mile must be split into smaller parts, and no single notice may cover more than one mile. A subcontractor may rely on the general contractor’s notice if named in it. The law defines the commencement date and what counts as a notice, and clarifies what is a private facility.
Stricter rules for digging near lines
Beginning May 22, 2026, if the dig area is not clear, you must pre‑mark it and check the positive‑response system before you start. You may start early only if all operators have responded; you must stop if an operator declares extraordinary circumstances. If you see signs of an unmarked line, send another notice; the operator must mark it within three hours. Inside the tolerance zone, use only soft digging until the line is found or confirmed absent. Keep marks visible or ask for re‑marking as needed.
Operators must mark and keep records
Beginning May 22, 2026, operators must mark the horizontal location of their lines before the notice start date, using APWA colors. Mark the width at least every 25 feet for lines wider than three inches and mark each line in the same trench. All facilities installed by or for an operator as of June 7, 2012 must be electronically locatable. Keep installation records for facilities put in on or after June 7, 2012 in public streets while in service, and fix record errors found by locators. Operators must file a quarterly report of damages with the date and a short description. Before a building is demolished, operators must be given reasonable time to remove or protect their lines.
Stronger emergency and damage reporting
Beginning May 22, 2026, emergency digs do not need prior notice, but you must notify the center as soon as you can and call affected operators. Operators in the emergency area must respond within three hours, and the person in charge must be on‑site or reachable within three hours. A false emergency claim is a violation, and you can still be liable for damage. If work damages a facility, immediately tell the center and the operator, let the operator repair it, and do not backfill until allowed. If there is a hazardous release or other danger, call 911 right away, notify the center and the operator, and take steps to protect people and property.
One statewide dig safety center
South Carolina uses one statewide notification center for all digging notices. All facility operators must join and use it. Beginning January 1, 2026, each month an operator is not a member is a separate violation. The center must run a positive-response system, keep notice records for at least three years, and share full notice details and notification numbers with operators. It must keep a business continuity plan and provide damage-prevention training. By April 15 each year, it files contact info with the Public Service Commission and an operations report to lawmakers. The center is not a public body under the open-records law.
Special process for big, long projects
A large project is one that needs more locating than usual, lasts over 90 days, is long linear work, or covers about two square miles with existing utilities. The project initiator must notify the center at least 30 days before work. Within 3 days the center lists all affected operators, and within 15 days the initiator schedules a planning meeting. The parties negotiate and sign a large‑project facility‑location agreement. If they follow the agreement, they are excused from some normal notice and marking rules. The center provides templates, systems, and help to run this process.
Small home and farm digs exempt
The law exempts some small digs from call-before-you-dig rules. A single-family homeowner can dig on their own land by hand, under 12 inches deep, if they do not enter a utility right‑of‑way. Farm tilling or plowing under 12 inches is also exempt. Utility crews using hand tools for locating or minor repairs are exempt. Government road crews inside the right‑of‑way are exempt, but their contractors are not unless a Governor or Transportation Secretary declares an emergency.
15‑day responses to design requests
Beginning May 22, 2026, after you send a design request, the operator has 15 working days to mark lines or give the best drawings or descriptions. An operator may reject a request for security reasons until you verify who you are. Large projects use the special large‑project process instead.
Anyone who digs must follow dig-safety rules
The law makes it clear that anyone who digs or demolishes is an excavator. You must give advance notice and follow marking and safe‑dig rules before starting work. This clarity reduces disputes about who has to call. Small home or farm hand‑digs under 12 inches may still be exempt under the separate rule.
More utilities must follow locate rules
The law broadens who counts as a utility operator. Public utilities, cities, co‑ops, cable and fiber providers, and others that serve commercial or multi‑family sites must join the statewide center, mark lines, and report damages. These duties apply even when service is provided without a separate fee.
Sponsors & Cosponsors
Sponsor
David R. Hiott
Republican • House
Cosponsors
Brandon Newton
Republican • House
Brandon Guffey
Republican • House
Jermaine L. Johnson, Sr.
Democrat • House
Mike M. Neese
Republican • House
Fawn M. Pedalino
Republican • House
Roll Call Votes
House vote • 5/8/2025
(Underground Facility Damage Prevention)Concur in Senate Amendments
Yes: 110 • No: 0
Senate vote • 5/6/2025
(Underground Facility Damage Prevention)3rd Reading
Yes: 45 • No: 0
House vote • 2/27/2025
(Underground Facility Damage Prevention)Passage of Bill
Yes: 112 • No: 0 • Other: 1
Actions Timeline
Act No. 65
5/27/2025legislatureEffective date 05/22/26
5/27/2025legislatureSigned By Governor
5/22/2025GovernorRatified R 93
5/20/2025legislatureRoll call Yeas-110 Nays-0
5/8/2025HouseConcurred in Senate amendment and enrolled
5/8/2025HouseScrivener's error corrected
5/7/2025legislatureRoll call Ayes-45 Nays-0
5/6/2025SenateRead third time and returned to House with amendments
5/6/2025SenateAmended
5/6/2025SenateRead second time
5/1/2025SenateCommittee Amendment Adopted
5/1/2025SenateCommittee report: Favorable with amendment Judiciary
4/29/2025SenateScrivener's error corrected
3/4/2025legislatureReferred to Committee on Judiciary
3/4/2025SenateIntroduced and read first time
3/4/2025SenateRead third time and sent to Senate
2/28/2025HouseUnanimous consent for third reading on next legislative day
2/27/2025HouseRoll call Yeas-112 Nays-0
2/27/2025HouseRead second time
2/27/2025HouseAmended
2/27/2025HouseMember(s) request name added as sponsor: B.Newton
2/27/2025HouseCommittee report: Favorable with amendment Labor, Commerce and Industry
2/26/2025HouseMember(s) request name added as sponsor: Pedalino, Neese
2/26/2025HouseMember(s) request name added as sponsor: J.L.Johnson
2/20/2025House
Bill Text
Introduced
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