South Carolina’s transportation secretary takes over commission duties

The Governor appoints the transportation secretary, who takes over the commission’s duties and authority. The appointment and transfer of authority concern South Carolina’s Department of Transportation. The Governor’s appointment requires the advice and consent of the Senate. The secretary serving immediately before the effective date continues until a successor is appointed and confirmed. The appointment provisions and the transfer of the commission’s authority take effect January 1, 2027.

The department may make public-private contracts for transportation projects and may impose tolls or usage charges only in specified cases. Contracts may cover roads, bridges, public transit, and related facilities under the department’s jurisdiction. The toll rules cover publicly owned or controlled roads, bridges, highways, and interstates. Tolls and charges must comply with federal law. They may be imposed when the General Assembly specifically authorizes them, on choice lanes, or on managed or choice lanes after required review and approval. Charges on managed or choice lanes may be imposed only on added-capacity lanes that operate alongside existing lanes. Tolls already imposed on January 1, 2026, may continue. The public-private contract and toll provisions take effect July 1, 2026.

The department must run a pothole reporting and repair program and allocate $15 million each year for certain repairs. The program covers potholes along the state highway system in every county. The program covers potholes on the state highway system and must operate in every county. People may report potholes by phone, online, or other electronic means. The department must repair a reported pothole within seven days. A temporary repair is allowed when weather, an emergency, supply availability, or another urgent circumstance prevents a permanent repair. The annual $15 million allocation comes from the Infrastructure Maintenance Trust Fund and is for full-depth repairs of recurring potholes. The program and annual funding provision take effect January 1, 2027. The free reporting app must be available within one year of the act’s adoption.

The department may make agreements with other jurisdictions to enforce unpaid tolls or usage charges, including through vehicle registration holds. The agreements concern owners of vehicles registered in South Carolina who are certified by another jurisdiction as owing tolls, usage charges, fees, or penalties. An agreement is enforceable only if the other jurisdiction reciprocates, provides due process and appeal protections, and allows South Carolina drivers similar protections. Vehicle owners must be able to submit evidence by mail or other means without traveling to the other jurisdiction. Each side must charge the other for registration-hold costs. This provision takes effect July 1, 2027.

The department must review a county’s proposed state highway project and, if the county fully funds a certified project, reprioritize another eligible project in that county. The process applies when a county appropriates funds for a project to improve the state highway system. The department certifies within 90 days whether the county-funded project is on its priority list. The replacement project must also be on the department’s priority list. This process does not apply to bridges that are closed, have weight limits, or are structurally deficient. The department must provide its certification within 90 days after the county’s notification.