S.C. Lawmakers Pass Sweeping SCDOT Modernization Bill
Greg Wilson/Anderson Observer
South Carolina lawmakers have passed the South Carolina Department of Transportation Modernization Act, one of the most significant overhauls of the state’s transportation governance in years.
The wide-ranging legislative package promises to fundamentally reshape the state’s approach to infrastructure, bringing the Department of Transportation under direct gubernatorial control and introducing aggressive new mandates for road repairs.
The sprawling bill marks a significant shift in state governance by elevating the state's transportation leadership to a cabinet-level position. Under the new legislation, the SCDOT will be led by a Secretary of Transportation appointed directly by the governor, with the advice and consent of the Senate. This effectively dismantles the previous system, which relied on a governing commission to select the agency’s leadership.
The bill adds new requirements for County Transportation Committees, requiring members to reside in the county they serve, subjects them to the State Ethics Act, and updates gas tax fee distribution rules to increase transparency. CTC members will face new residency requirements and will now be subject to the State Ethics Act.
“As someone who has lived and worked in Anderson County most of my life, I understand how important safe and reliable roads are to our local economy, our schools, and the daily lives of families across the Upstate,” said S.C. Rep. Don Chapman, R-Anderson. “Serving on the Modernization of the South Carolina Department of Transportation Committee gave me the opportunity to help improve how SCDOT operates and delivers projects for the people of South Carolina.”
For most drivers, the most visible change will be a newly established Pothole Mitigation Program supported by a $15 million annual allocation from the Infrastructure Maintenance Trust Fund, a program that requires the SCDOT to repair reported potholes within seven days of being notified. The public will be able to submit reports via phone, internet, or a dedicated mobile app.
The legislation also clarifies the state's stance on toll roads. While new toll roads will be permitted on newly constructed lane capacity and in other limited circumstances, the bill strictly prohibits the imposition of tolls on federal interstates that were in existence as of January 1, 1997, unless specifically approved by separate legislation from the General Assembly.
“While South Carolina may be the 10th smallest state geographically, we maintain the 4th largest state-owned road system in the nation,” said Chapman. “That’s a major responsibility, and I was proud to support this legislation because modernization is about making sure taxpayer dollars are spent wisely, projects move faster, and our infrastructure can keep pace with the growth we’re seeing here in Anderson County and across our state.”
Further streamlining project timelines, the state is poised to take over National Environmental Policy Act (NEPA) permitting authority from the Federal Highway Administration. Supporters of the move argue that circumventing the federal bureaucracy will dramatically reduce the time it takes to get construction projects off the ground.
The Senate passed its version of the bill 37–1 on March 19. The House then substantially reworked it. On April 1, the House Ways and Means Committee merged the two bills and sent them to the House floor, where the House returned S. 831 to the Senate with amendments replacing the Senate version with the House's version, drawing on the work of the House's Ad Hoc SCDOT Modernization Committee. After the Senate added amendments, a Committee of Conference was appointed on April 30. The conference committee worked to reconcile the two versions, which is the process that concluded today
Despite some opposition, the bill ultimately passed unanimously. With the legislative session set to end Thursday, the results are expected to provide some improvement to road maintenance and repair in the state.