# South Carolina H 3768: 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.

South Carolina H 3768, 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., is a 126th General Assembly (2025-2026) House bill sponsored by Gary S. Brewer, Jr. (Republican); status signed, last action 2026-06-05 (Effective date See Act for Effective Date) (as of 2026-10-19).

- Canonical: https://policyrisk.com/state-bill/SC-H3768-2025-2026
- As of: 2026-10-19
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: South Carolina H 3768
- State: South Carolina
- Session: 126th General Assembly (2025-2026)
- Title: 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.
- Status: signed
- Chamber: House
- Introduced: 2025-01-16
- Last action: 2026-06-05, Effective date See Act for Effective Date
- Sponsor: Gary S. Brewer, Jr. (Republican)
- Cosponsors: 5
- Touches household money: no
- Roll calls: 2 (147 yes, 0 no in all)
- Economic provisions PRIA read: 2

## Summary

Highway system construction

## Bill overview: provisions PRIA read

- Environmental reviews: lawsuits and reports: benefit, low. 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 i…
- Highway construction rules extended to 2032: mixed, low. 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 and cosponsors

- Sponsor: Gary S. Brewer, Jr. (Republican), House
- Cosponsor: Gil Gatch (Republican), House
- Cosponsor: Roger K. Kirby (Democrat), House
- Cosponsor: Robby Robbins (Republican), House
- Cosponsor: Carla M. Schuessler (Republican), House
- Cosponsor: Heath Sessions (Republican), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-04-01 | Senate | (Highway system construction)2nd Reading | pass | 44 | 0 |   |
| 2025-04-08 | House | (Highway system construction)Passage of Bill | pass | 103 | 0 |   |

## Actions (30)

- 2026-06-05: Effective date See Act for Effective Date (legislature)
- 2026-06-03: Act No. 244 (legislature)
- 2026-05-22: Signed By Governor (Governor)
- 2026-05-20: Ratified R 265 (legislature)
- 2026-05-13: Roll call Ayes-38 Nays-2 (Senate)
- 2026-05-13: Concurred in House amendment and enrolled (Senate)
- 2026-05-12: Returned to Senate with amendments (House)
- 2026-05-12: Senate amendment amended (House)
- 2026-05-07: Debate adjourned (House)
- 2026-05-06: Debate adjourned (House)
- 2026-05-06: Member(s) request name added as sponsor: Kirby (House)
- 2026-05-05: Debate adjourned until Wed., 5-6-26 (House)
- 2026-04-30: Debate adjourned until Tues., 5-5-26 (House)
- 2026-04-29: Debate adjourned (House)
- 2026-04-28: Debate adjourned (House)
- 2026-04-23: Debate adjourned (House)
- 2026-04-21: Debate adjourned (House)
- 2026-04-15: Read third time and returned to House with amendments (Senate)
- 2026-04-01: Roll call Ayes-44 Nays-0 (Senate)
- 2026-04-01: Read second time (Senate)
- 2026-04-01: Amended (Senate)
- 2026-03-18: Committee report: Favorable Finance (Senate)
- 2025-04-09: Referred to Committee on Finance (Senate)
- 2025-04-09: Introduced and read first time (Senate)
- 2025-04-09: Read third time and sent to Senate (House)
- 2025-04-08: Roll call Yeas-103 Nays-0 (House)
- 2025-04-08: Read second time (House)
- 2025-04-02: Committee report: Favorable Education and Public Works (House)
- 2025-01-16: Referred to Committee on Education and Public Works (House)
- 2025-01-16: Introduced and read first time (House)

## Bill text

- Introduced: [HTML](https://www.scstatehouse.gov/sess126_2025-2026/bills/3768.htm)

## Related bills

- S 0623: AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO ALLOW THE COUNTY TO INSTEAD ENFORCE AE STANDARDS IN GEORGETOWN COUNTY'S FLOOD DAMA… (became law)
- S 0586: AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATIO… (signed)
- H 5653: AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD OF EDUCATION, SO AS TO CLARIFY THE METHOD BY WHICH PERSONS FILE TO BECOME A CANDI… (signed)
- S 1062: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS RE… (signed)
- S 0779: A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RECEIVE A MONTHLY LEGISLATIVE EXPENSE ALLOWANCE OF ONE THOUSAND DOLLARS; TO PROVID… (signed)
- H 5261: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING AS PROVIDED FOR IN CHAPTER 3, TITLE 61 TO MAY 1, 2026. (signed)

## Sources
- [Introduced (HTML)](https://www.scstatehouse.gov/sess126_2025-2026/bills/3768.htm)

## Related
- [S 0623: AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO AL…](https://policyrisk.com/state-bill/SC-S0623-2025-2026)
- [S 0586: AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION…](https://policyrisk.com/state-bill/SC-S0586-2025-2026)
- [H 5653: AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD O…](https://policyrisk.com/state-bill/SC-H5653-2025-2026)
- [S 1062: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDU…](https://policyrisk.com/state-bill/SC-S1062-2025-2026)
- [S 0779: A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RE…](https://policyrisk.com/state-bill/SC-S0779-2025-2026)
- [H 5261: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING…](https://policyrisk.com/state-bill/SC-H5261-2025-2026)
- [South Carolina bills](https://policyrisk.com/states/south-carolina/bills)
- [South Carolina state hub](https://policyrisk.com/states/south-carolina)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/SC-H3768-2025-2026 (as of 2026-10-19).