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Subcommittee extends DOT's utility-relocation coordination sunset for five years
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Summary
The panel gave H.3768 a favorable 7-0 report to extend a 2019 law that created coordination and limited cost-sharing between SCDOT and water/wastewater utilities for relocation work, allowing the program to continue while stakeholders evaluate metrics.
The Transportation Subcommittee voted 7-0 to give H.3768 a favorable report, extending the sunset provision in legislation enacted in 2019 that improved coordination between the South Carolina Department of Transportation and water and wastewater utilities on relocation work tied to road projects.
Earl Hunter, testifying on behalf of three water and wastewater associations, said the 2019 law allowed SCDOT to help coordinate relocations, in some cases cover up to 100% of relocation costs for smaller utilities (utilities serving fewer than 10,000 people), and reduced long project delays that previously occurred when utilities lacked funds or coordination. "There was a lot of delays that were going on some years ago and what the legislation had passed in 2019 it improves that coordination tremendously and allows for DOT to try to pull our folks up under their general oversight and contracting on these activities," Hunter said.
Hunter told the subcommittee the 2019 law also set a cap of 4% of a project's cost that could be used for utility relocation in some circumstances. Committee members asked whether the provision would constitute an unfunded mandate on local governments; Hunter said the statutory framework limits the amount to 4% of project cost and that the statute is designed to assist smaller utilities and reduce costly delays that previously extended project timelines by many months.
Members recounted specific delays that motivated the earlier change and praised the coordination between SCDOT right-of-way staff and utilities. The chair clarified on the record that H.3768 only extends the sunset by five years and does not expand statutory authorities beyond the existing statute; testimony noted stakeholders want time to review metrics before committing to a permanent change.
A motion to approve H.3768 as is received a second and the committee recorded ayes from Representatives Philip Bowers, Lee Gilreath, Cambro Garvin, Representative Kilmartin, Representative Tim McGinnis, Chair David Vaughn and another member recorded by the clerk; the chair announced a 7-0 favorable report.
Hunter and multiple members cited real-world examples of delays avoided after the 2019 law took effect and said the extension will allow the program to continue while officials assess whether additional statutory tweaks are needed.
