South Carolina House Bill H5071

South Carolina 2025-2026 Regular Session

• Introduced: 1/29/26
• Refer: 1/29/26

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 57-1-410, RELATING TO THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE SECRETARY INSTEAD OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT PART OF THE GOVERNING BODY OF THE DEPARTMENT OF TRANSPORTATION IS A SEVEN-MEMBER COMMISSION; BY AMENDING SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS THE SECRETARY OF TRANSPORTATION; BY AMENDING SECTION 11-43-140, RELATING TO THE BOARD OF DIRECTORS OF THE TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REMOVE THE CHAIRMAN OF THE DEPARTMENT OF TRANSPORTATION COMMISSION AS A DIRECTOR, AND TO PROVIDE THAT THE SECRETARY OF TRANSPORTATION IS A MEMBER OF THE BOARD; BY AMENDING SECTIONS 57-1-10, 57-1-40, 57-1-370, AND 57-1-430, ALL RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, AND ITS DUTIES AND RESPONSIBILITIES, SO AS TO ELIMINATE THE DEPARTMENT OF TRANSPORTATION COMMISSION AND ITS RESPONSIBILITIES, TO ALLOW THE GOVERNOR TO APPOINT THE SECRETARY OF TRANSPORTATION AND REQUIRE THE DEPARTMENT OF TRANSPORTATION SUBMIT TO THE GENERAL ASSEMBLY AN ITEMIZED PROJECT LIST TO BE FUNDED FOR THE FISCAL YEAR IN WHICH THE GENERAL ASSEMBLY WOULD ENACT ITS ANNUAL GENERAL APPROPRIATIONS ACT; BY AMENDING SECTION 57-3-50, RELATING TO THE ESTABLISHMENT OF HIGHWAY DISTRICTS, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "COMMISSION"; BY AMENDING SECTION 57-1-90, RELATING TO MOTORCYCLES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 57-3-210, RELATING TO THE DEPARTMENT OF TRANSPORTATION CONTRACTING WITH PUBLIC TRANSIT SYSTEMS, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 57-3-700, RELATING TO THE DEPARTMENT OF TRANSPORTATION SERVING AS AN AGENT FOR COUNTIES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 57-5-50, RELATING TO THE TRANSFER OF CERTAIN ROADS, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 57-5-90, RELATING TO BELT LINES AND SPURS, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 57-5-340, RELATING TO THE DISPOSITION OF REAL ESTATE, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTIONS 57-13-10, 57-13-20, 57-13-40, AND 57-13-50, ALL RELATING TO BRIDGES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 57-25-120, RELATING TO DEFINITIONS, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTIONS 57-25-140, 57-25-150, 57-25-170, 57-25-200, AND 57-25-210, ALL RELATING TO SIGNS ALONG THE HIGHWAYS, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTIONS 57-1-310 AND 57-1-330, BOTH RELATING TO THE COMPOSITION OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REMOVE AT-LARGE MEMBERS; BY AMENDING ARTICLE 9, CHAPTER 5, TITLE 57, RELATING TO TURNPIKE PROJECTS, SO AS TO AUTHORIZE CERTAIN DESIGNATIONS OF TURNPIKE FACILITIES, TO PROVIDE THAT TURNPIKE BONDS ARE SPECIAL LIMITED OBLIGATIONS OF THE STATE AS SPECIFIED IN THE BOND RESOLUTION, AND TO MAKE CONFORMING CHANGES; BY ADDING SECTION 57-1-25 SO AS TO ESTABLISH THE COORDINATING COUNCIL FOR TRANSPORTATION AND MOBILITY AND TO SET FORTH ITS DUTIES AND MEMBERSHIP; BY ADDING SECTION 57-5-105 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO TRANSFER OWNERSHIP OF CERTAIN NONESSENTIAL ROADS, TO ESTABLISH THE SYSTEM REALIGNMENT FUND TO AID IN THE TRANSFER, AND TO PROVIDE ADDITIONAL AUTHORITIES TO COUNTIES IN WHICH ALL SUCH NONESSENTIAL ROADS HAVE BEEN TRANSFERRED; BY AMENDING SECTION 57-1-360, RELATING TO THE CHIEF INTERNAL AUDITOR OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO AUTHORIZE A CERTIFIED INTERNAL AUDITOR AND A CERTIFIED FRAUD EXAMINER TO HOLD THE POSITION; BY AMENDING SECTION 57-3-20, RELATING TO THE DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO DESIGNATE SUCH OFFICIALS AS DEPUTY SECRETARIES AND TO ESTABLISH THE DEPUTY SECRETARY FOR PLANNING; BY AMENDING SECTION 11-35-710, RELATING TO CERTAIN TRANSPORTATION EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO FURTHER DEFINE THE EXEMPTIONS; BY ADDING SECTIONS 57-5-1710 AND 57-5-1720 SO AS TO PROVIDE FOR PHASED DESIGN-BUILD CONTRACTORS AND CONSTRUCTION MANAGER/GENERAL CONTRACTORS; BY ADDING SECTION 57-3-790 SO AS TO SPECIFY THE CONDITIONS IN WHICH THE STATE WAIVES ITS IMMUNITY UNDER THE ELEVENTH AMENDMENT OF THE UNITED STATES CONSTITUTION; BY AMENDING SECTIONS 57-5-820 AND 57-5-830, BOTH RELATING TO MUNICIPALITIES AND ROADWORK, SO AS TO SPECIFY PROCEDURES WHEN A MUNICIPALITY OBJECTS TO CERTAIN ROADWORK; BY AMENDING SECTION 57-3-615, RELATING TO HIGHWAY TOLLS, SO AS TO SPECIFY THE CONDITIONS UNDER WHICH A TOLL MAY BE IMPOSED ON A STATE HIGHWAY; BY ADDING SECTIONS 57-3-240 AND 57-3-250 SO AS TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER JURISDICTIONS AND PUBLIC-PRIVATE PARTNERSHIPS, AND TO SPECIFY CONDITIONS OF SUCH AGREEMENTS; BY AMENDING SECTION 12-28-2740, RELATING TO "C" FUNDS, SO AS TO INCREASE THE AMOUNT OF SUCH FUNDS, TO SPECIFY THE MEMBERSHIP AND RESPONSIBILITIES OF COUNTY TRANSPORTATION COMMITTEES, TO PROVIDE FOR BONDING OF "C" FUNDS, TO DELETE PROVISIONS, AND TO PROVIDE FOR A CRIME REGARDING UNDUE INFLUENCE ON CERTAIN OFFICIALS; BY AMENDING SECTION 12-28-2920, RELATING TO TOLLS, SO AS TO SPECIFY WHEN TOLL REVENUES MAY BE EXPENDED; BY AMENDING SECTION 56-3-645, RELATING TO A ROAD USE FEE, SO AS TO INCREASE THE AMOUNT OF THE ALTERNATE FUEL FEE AND CREDIT THE REVENUE TO THE STATE HIGHWAY FUND; BY ADDING SECTION 12-28-360 SO AS TO IMPOSE A TAX ON ELECTRICITY CONSUMED WHEN USING CERTAIN PUBLIC VEHICLE CHARGING STATIONS; AND BY AMENDING SECTION 57-11-210, RELATING TO DEFINITIONS FOR PURPOSES OF STATE HIGHWAY BONDS, SO AS TO DEFINE "ALTERNATIVE FUEL FEES".

Summary

H. 5071 is a broad transportation overhaul bill that restructures the South Carolina Department of Transportation (DOT) governance and expands DOT’s authority over planning, project delivery, tolling, and funding. The bill shifts appointment and governing authority for the Secretary of Transportation from the DOT commission to the Governor, reduces and revises the commission’s role, and creates a new Coordinating Council for Transportation and Mobility to oversee statewide transportation planning and coordination among state agencies and local representatives. It also adds a Deputy Secretary for Planning and revises internal audit, procurement, and reporting provisions affecting DOT and related transportation entities. The bill substantially expands the state’s tolling and public-private partnership framework. It authorizes DOT to enter into a wide range of public-private partnership arrangements, use dynamic and variable tolling, enforce toll violations through registration holds or suspensions, and coordinate with other jurisdictions on toll enforcement. It also revises turnpike project law, including bond issuance, toll collection, and revenue use, and creates new project delivery methods such as phased design-build and construction manager/general contractor contracting. In addition, the bill addresses municipal consent for certain roadwork, allows transfer of nonessential state roads to local governments through a System Realignment Fund, and increases county transportation committee oversight and reporting requirements. The bill also changes transportation funding sources and user fees. It increases the alternative fuel vehicle fee, credits those revenues to the State Highway Fund, and adds a new fee on electricity used at publicly accessible EV charging stations, also dedicated to highway funding. It revises the allocation and use of county “C” funds, raises the share required for state highway system spending, and authorizes bonding against certain county transportation revenues. The bill further creates a pothole mitigation program with a public reporting app and a required repair timeline, funded by an annual allocation from the Infrastructure Maintenance Trust Fund. Overall, the bill’s impact on state law is extensive: it amends numerous sections of Titles 1, 11, 12, 56, and 57 to centralize DOT leadership, broaden financing tools, expand toll and fee authority, and formalize new planning and oversight structures. It also creates new criminal penalties for undue influence involving county transportation committees and subjects those officials to the State Ethics Act. The bill would likely increase administrative responsibilities for DOT, DMV, the Secretary of State, and other agencies, while also creating new revenue streams and shifting some costs to road users, EV owners, and local governments. The general sentiment reflected in the committee materials is supportive of a major transportation modernization effort, with the bill reported favorably by the House Ways and Means Committee with amendment. The fiscal note frames the bill as a coordinated package intended to improve transportation planning, funding, and project delivery, and it anticipates that many agencies can absorb new duties with existing resources, though some will need additional staff or funding. The main points of contention are likely to be the governance shift away from the DOT commission to gubernatorial control, the expansion of tolling and P3 authority, the increased fees on alternative-fuel and EV users, and the potential burden on counties and municipalities that inherit roads or face new maintenance and planning obligations.

Impact

The bill would make sweeping changes to South Carolina transportation law by reassigning DOT governance to the Governor-appointed Secretary of Transportation, revising the DOT commission’s composition and powers, and creating a new Coordinating Council for Transportation and Mobility. It would also expand DOT’s authority over toll roads, turnpike facilities, public-private partnerships, project delivery methods, county transportation funding, and road transfers to local governments. Several statutes governing procurement, internal audit, municipal roadwork, county “C” funds, and transportation bond financing would be amended to align with the new structure and funding mechanisms.

Sentiment

The available committee action suggests generally favorable sentiment toward the bill as a transportation reform package, since the House Ways and Means Committee recommended that it pass with amendment. The fiscal impact statement treats the bill as a major modernization of DOT operations and funding, with most agencies expected to manage new duties through existing resources, though some would need added staff or funding. There is no recorded floor vote or transcript in the provided materials, so the broader political sentiment cannot be measured beyond the committee report and fiscal note.

Contention

The most likely areas of contention are the concentration of authority in the Governor and Secretary of Transportation, the reduction in the DOT commission’s role, and the bill’s expanded tolling and public-private partnership powers. Local governments may object to the transfer of nonessential roads and the maintenance costs that could follow, while EV and alternative-fuel vehicle owners may oppose the higher fees and new charging-station tax. County transportation committees also face tighter oversight, new ethics-related criminal penalties, and more detailed compliance requirements, which could be controversial among local officials.