All Roll Calls
Yes: 147 • No: 0
South CarolinaH 3768126th General Assembly (2025-2026)House
AN ACT 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, 2032; AND BY ADDING SECTION 57-3-790 SO AS TO PROVIDE THE STATE WAIVES IMMUNITY AND CONSENTS TO SUIT IN FEDERAL COURT FOR CERTAIN LAWSUITS RELATING TO THE NATIONAL ENVIRONMENTAL POLICY ACT ASSIGNMENT PROGRAM, AND TO PROVIDE FOR THE ISSUANCE OF AN ANNUAL REPORT.
Sponsored By: Gary S. Brewer, Jr. (Republican)
Signed by Governor
Summary
Highway system construction
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Environmental reviews: lawsuits and reports
Beginning July 1, 2026, people can sue South Carolina in federal court over DOT environmental review actions, but only for duties the DOT takes on under federal assignment. This applies only if the DOT signs a memorandum of understanding with the U.S. DOT, the Attorney General confirms the waiver is valid, and the MOU is in effect when the act happened. If the DOT applies to take on these duties, the Secretary must issue a NEPA manual within one year, with at least 30 days for public comment on a draft. The DOT must post a yearly public report on time savings, financial impacts (good and bad), and any legal challenges. The Secretary can coordinate with environmental, natural resources, and archives agencies and others to speed permits, and those agencies must respond. The DOT must include those agencies’ permit actions in the annual report.
Highway construction rules extended to 2032
The law takes effect May 22, 2026. It keeps the highway construction rules in Section 57-5-880 in place until July 1, 2032. The legislature can change or extend this end date.
Sponsors & Cosponsors
Sponsor
Gary S. Brewer, Jr.
Republican • House
Cosponsors
Gil Gatch
Republican • House
Roger K. Kirby
Democrat • House
Robby Robbins
Republican • House
Carla M. Schuessler
Republican • House
Heath Sessions
Republican • House
Roll Call Votes
Senate vote • 4/1/2026
(Highway system construction)2nd Reading
Yes: 44 • No: 0
House vote • 4/8/2025
(Highway system construction)Passage of Bill
Yes: 103 • No: 0
Actions Timeline
Effective date See Act for Effective Date
6/5/2026legislatureAct No. 244
6/3/2026legislatureSigned By Governor
5/22/2026GovernorRatified R 265
5/20/2026legislatureRoll call Ayes-38 Nays-2
5/13/2026SenateConcurred in House amendment and enrolled
5/13/2026SenateReturned to Senate with amendments
5/12/2026HouseSenate amendment amended
5/12/2026HouseDebate adjourned
5/7/2026HouseDebate adjourned
5/6/2026HouseMember(s) request name added as sponsor: Kirby
5/6/2026HouseDebate adjourned until Wed., 5-6-26
5/5/2026HouseDebate adjourned until Tues., 5-5-26
4/30/2026HouseDebate adjourned
4/29/2026HouseDebate adjourned
4/28/2026HouseDebate adjourned
4/23/2026HouseDebate adjourned
4/21/2026HouseRead third time and returned to House with amendments
4/15/2026SenateRoll call Ayes-44 Nays-0
4/1/2026SenateRead second time
4/1/2026SenateAmended
4/1/2026SenateCommittee report: Favorable Finance
3/18/2026SenateReferred to Committee on Finance
4/9/2025SenateIntroduced and read first time
4/9/2025SenateRead third time and sent to Senate
4/9/2025House
Bill Text
Introduced
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