Senate committee amendment would let South Carolina take over NEPA permitting, expand P3 tolling and create a DOT coordinating council

A committee amendment to a transportation modernization bill would reorganize how South Carolina plans and builds major road projects, allowing the state to assume NEPA permitting, authorize public–private partnership (P3) contracts for new tolled 'choice lanes,' and create a coordinating council chaired by the DOT secretary, the amendment's sponsor told the Senate.

The amendment, presented by the senator from Dorchester, proposes internal structural changes at DOT: a coordinating council modeled after the state's economic development council, an internal chief auditor, and deputy secretaries for finance, engineering and intermodal planning. It also would remove the commission's duty to approve DOT’s budget and provide guardrails for turnpike bonds and county‑funded projects, the sponsor said.

Supporters said the changes aim to shorten long project timelines by streamlining procurement and permitting. "Taking over the NEPA permitting in South Carolina . . . does not change the rules . . . it just allows our agencies to take control of the speed at which that progresses," the sponsor said in explaining why state handling could move projects faster.

But senators across the chamber pressed for limits. Questions centered on whether the coordinating council as drafted included natural‑resource agencies, how P3 contracts would allocate revenue and risk, the potential for toll fraud seen in other states, and whether long concession terms would lock the state into unfavorable deals. One senator flagged a 90‑year maximum term in the amendment and asked why so long; the sponsor said the figure came from DOT as a maximum flexibility for very large projects and that JBRC and SPA oversight would still apply.

On tolling, the amendment authorizes private partners to finance and build additional lanes and charge tolls on those new lanes while preserving existing free lanes for drivers who do not pay. The sponsor said different P3 models carry different revenue structures—some repay builders and return revenue to local communities; others take revenue risk and operate the lanes directly—and that contracts would run through RFPs and additional state oversight (JBRC and SPA) before approval.

Local governance drew sustained attention. The amendment would restore county delegations’ appointment authority for county transportation committees (CTCs) in many places and reinforce municipal representation on those panels, reversing some local practice that had devolved appointment power to county councils. Senators representing counties where the council model works urged care not to upend local arrangements that they said are functioning.

A pothole mitigation program was also added to the amendment: users could report potholes by GPS and DOT would be required to perform deeper, lasting repairs rather than surface fixes, the sponsor said.

The Senate agreed to carry the bill over for further consideration after extended debate, leaving key questions about contract lengths, foreign participation in P3s and the exact membership of the coordinating council to be resolved in future committee work.

What happens next: the bill was carried over for later consideration; sponsors said detailed contract and procurement language, plus oversight procedures, remain to be finalized and will return for further review.