A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 57-1-25 SO AS TO ESTABLISH A COORDINATING COUNCIL FOR TRANSPORTATION AND MOBILITY AND DEFINE ITS MEMBERSHIP, POWERS, AND RESPONSIBILITIES; BY AMENDING SECTION 57-1-360, RELATING TO THE CHIEF INTERNAL AUDITOR, SO AS TO CLARIFY QUALIFICATIONS AND SCOPE OF ACTIVITIES; BY AMENDING SECTION 57-1-370, RELATING TO THE DEVELOPMENT OF A LONG-RANGE STATEWIDE TRANSPORTATION PLAN, SO AS TO MANDATE THAT THE DEPARTMENT OF TRANSPORTATION IS RESPONSIBLE FOR DEVELOPING THE PLAN; BY AMENDING SECTION 57-3-20, RELATING TO RESPONSIBILITIES AND DUTIES OF THE DEPUTY SECRETARIES, SO AS TO PROVIDE FOR THE RESPONSIBILITIES AND DUTIES OF THE DEPUTY SECRETARIES; BY ADDING SECTION 57-3-205 SO AS TO ALLOW THE DEPARTMENT TO ENTER INTO PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS; BY AMENDING SECTION 57-3-615, RELATING TO HIGHWAY TOLLS AND USAGE, SO AS TO ALLOW THE IMPOSITION OF TOLLS IN CERTAIN SITUATIONS; BY ADDING SECTION 57-3-790 SO AS TO WAIVE THE STATE'S IMMUNITY; BY ADDING SECTION 57-3-800 SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHERS TO ENFORCE TOLL VIOLATIONS; BY AMENDING SECTION 57-5-820, RELATING TO THE CONSENT OF A MUNICIPALITY TO WORK ON STATE HIGHWAYS, SO AS TO PROVIDE FOR CANCELLATION OF PROJECTS IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 57-5-830, RELATING TO THE ASSENT OF MUNICIPALITY TO PLANS, SO AS TO PROVIDE THAT COSTS CAUSED BY AN UNREASONABLE DELAY ARE THE RESPONSIBILITY OF THE MUNICIPALITY; BY ADDING SECTION 57-5-105 SO AS TO IDENTIFY AND TRANSFER OWNERSHIP OF NON-ESSENTIAL ROADS TO THE STATE HIGHWAY SYSTEM; BY ADDING SECTION 57-5-1085 SO AS TO IMPOSE FEES ON NEW DEVELOPMENTS WITHIN THE STATE IN ORDER TO MITIGATE CONGESTION CAUSED BY ADDITIONAL TRAFFIC; BY AMENDING SECTION 57-5-1320, RELATING TO TURNPIKE PROJECT DEFINITIONS, SO AS TO INCLUDE NONTAX REVENUES OR OTHER LEGALLY AVAILABLE FUNDS AS A SOURCE FOR FUNDING TURNPIKE FACILITIES; BY AMENDING SECTION 57-5-1330, RELATING TO GENERAL POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ALLOW THE DEPARTMENT TO CONTRACT WITH OTHER POLITICAL SUBDIVISIONS IN DESIGNATING, ESTABLISHING, PLANNING, ABANDONING, FINANCING, IMPROVING, CONSTRUCTING, MAINTAINING, AND REGULATING TURNPIKE FACILITIES; BY AMENDING SECTION 57-5-1335, RELATING TO THE FEASIBILITY STUDIES, SO AS TO REQUIRE THE DEPARTMENT TO COMPLETE A FEASIBILITY STUDY PRIOR TO A BRIDGE CONSTRUCTION QUALIFYING AS TURNPIKE FACILITY; BY AMENDING SECTION 57-5-1340, RELATING TO ADDITIONAL POWERS OF THE DEPARTMENT, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 57-5-1350, RELATING TO A REQUEST FOR AN ISSUANCE OF TURNPIKE BONDS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 57-5-1360, RELATING TO POWERS AND DUTIES OF THE STATE FISCAL ACCOUNTABILITY AUTHORITY UPON RECEIPT OF REQUEST, SO AS TO PROVIDE THAT A RESOLUTION APPROVING ANY PROPOSED TURNPIKE BONDS MAY NOT BE ADOPTED UNLESS THE STATE BOARD CONDUCTS A HEARING BEFORE APPROVAL; BY AMENDING SECTION 57-5-1380, RELATING TO TURNPIKE REVENUE PLEDGED FOR PAYMENT OF BONDS, SO AS TO CLARIFY THAT TURNPIKE BONDS ISSUED BY THIS ARTICLE DO NOT CONSTITUTE AN INDEBTEDNESS OF THE STATE; BY AMENDING SECTION 57-5-1390, RELATING TO BOND INTEREST, MATURITY, AND REDEMPTION, SO AS TO UPDATE TERMS; BY AMENDING SECTION 57-5-1400, RELATING TO THE SALE OF BONDS AND EXPENSES INCIDENT TO SALE, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 57-5-1410, RELATING TO THE EXECUTION OF BONDS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 57-5-1420, RELATING TO THE APPLICATION OF BOND PROCEEDS, SO AS TO PROVIDE THAT THE PROCEEDS DERIVED FROM THE SALE OF TURNPIKE BONDS MUST BE APPLIED ONLY TO THE PURPOSES AUTHORIZED BY THIS ARTICLE AND PROVIDED IN THE BOND RESOLUTION; BY AMENDING SECTION 57-5-1430, RELATING TO DENOMINATIONS OF TURNPIKE BONDS, SO AS TO PROVIDE THAT TURNPIKE BONDS MUST EACH BE IN THE DENOMINATION OF ONE THOUSAND OR FIVE THOUSAND DOLLARS OR SOME MULTIPLE THEREOF OR SUCH LARGER DENOMINATIONS AS MAY BE AUTHORIZED BY THE AUTHORITY IN THE BOND RESOLUTION; BY AMENDING SECTION 57-5-1440, RELATING TO THE FORM OF BONDS, SO AS TO REMOVE THE PROVISION THAT TURNPIKE BONDS ISSUED PURSUANT TO THIS ARTICLE MAY BE IN THE FORM OF NEGOTIABLE COUPON BONDS, PAYABLE TO BEARER; BY AMENDING SECTION 57-5-1450, RELATING TO THE RESOLUTION TO ISSUE BONDS, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE AUTHORITY MAY RELY ON THE WORK PRODUCT OF THIRD-PARTY PROFESSIONALS TO PROVIDE FINANCIAL, FEASIBILITY, OR PRACTICABILITY STUDIES RELATED TO THE TURNPIKE FACILITIES ; BY AMENDING SECTION 57-5-1460, RELATING TO THE POWERS AND DUTIES OF THE GOVERNOR AND THE STATE TREASURER UPON RECEIPT OF THE BOND RESOLUTION, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 57-5-1480, RELATING TO THE PROVISION THAT IT IS LAWFUL FOR FIDUCIARIES AND SINKING FUND COMMISSIONS TO INVEST IN TURNPIKE BONDS; BY AMENDING SECTION 57-5-1490, RELATING TO PENALTIES FOR FAILURE TO PAY TOLLS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 57-5-1495, RELATING TO THE COLLECTION OF TOLLS, SO AS TO CHANGE THE DEFINITION OF "ELECTRONIC TOLL COLLECTION SYSTEM" AND ADD THAT A CERTIFICATE THAT A TOLL VIOLATION HAS OCCURRED BASED UPON ELECTRONIC MEANS IS PRIMA FACIE EVIDENCE OF THE VIOLATION; BY ADDING SECTION 57-5-1710 SO AS TO ALLOW THE DEPARTMENT TO USE PHASED DESIGN-BUILD AS A PROJECT DELIVERY METHOD AND PROSCRIBE THE PROCEDURE FOR ENTERING INTO A PHASED DESIGN-BUILD CONTRACT; BY ADDING SECTION 57-5-1720 SO AS TO ALLOW THE DEPARTMENT TO AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROCEDURE; BY AMENDING SECTION 57-11-210, RELATING TO DEFINITIONS PERTAINING TO STATE HIGHWAY BONDS, SO AS TO DEFINE "ALTERNATIVE FUEL FEES"; BY AMENDING SECTION 56-3-645, RELATING TO ALTERNATIVE FUEL FEES FOR VEHICLES POWERED BY ELECTRICITY, HYDROGEN, AND FUELS OTHER THAN MOTOR FUEL, SO AS TO INCREASE FEES, PROVIDE FOR ADJUSTMENT OF THE FEEs, AND TO CREDIT THE FEES TO THE STATE HIGHWAY FUND; BY AMENDING SECTION 11-43-140, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO DESIGNATE THE SECRETARY OF TRANSPORTATION AS AN EX OFFICIO MEMBER; BY AMENDING SECTION 11-35-710, RELATING TO EXEMPTIONS IN THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO INCLUDE AN EXEMPTION FOR THE PURCHASE AND MANAGEMENT OF INFORMATION TECHNOLOGY BY THE DEPARTMENT OF TRANSPORTATION; BY ADDING SECTION 12-28-315 SO AS TO PRESCRIBE A USER FEE ON ELECTRICITY CONSUMED WHEN USING A PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION; BY AMENDING SECTION 12-28-2740, RELATING TO THE DISTRIBUTION OF A GASOLINE USER FEE AMONG COUNTIES, REQUIREMENTS FOR THE EXPENDITURE OF FUNDS, AND COUNTY TRANSPORTATION COMMITTEES, SO AS TO PROVIDE FOR THE POWERS AND RESPONSIBILITIES OF THE COUNTY TRANSPORTATION COMMITTEES AND PROCEDURES FOR USING "C" FUNDS REVENUES; AND BY AMENDING SECTION 12-28-2920, RELATING TO CONSTRUCTION OF TOLL ROADS, SO AS TO DEFINE HOW FUNDS DERIVED FROM TOLLS MAY BE USED.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 1, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-1-25. (A) The Coordinating Council for Transportation and Mobility, hereinafter the Coordinating Council, is established and responsible for developing coordinated transportation plans and policy for the State of South Carolina, for approving the plans described in Section 57-1-370(A) and 57-1-380 and shall also provide review and comment on plans developed by the member agencies for the furtherance of coordinated transportation planning in the State.

    (B)(1) The Coordinating Council shall include the following members or their designees:

           (a) Secretary of Transportation, who shall serve as Chairman;

           (b) Director of Public Safety;

           (c) Director of the Department of Motor Vehicles;

           (d) Secretary of Commerce;

           (e) Director of the Office of Regulatory Staff;

           (f) Chairman of the State Ports Authority;

           (g) Chairman of the Aeronautic Commission; and

           (h) Chairman of State Transportation Infrastructure Bank or his designee.

       (2) The Governor shall appoint one municipal representative and one county representative.

       (3) The Deputy Secretary for Planning shall serve as staff to the Coordinating Council.

    (C) The Coordinating Council shall recommend for the Governor's certification the boundaries of metropolitan planning organizations within urban areas in cooperation with the local governments in the metropolitan planning organization as provided by United States Department of Transportation.

    (D) The Coordinating Council shall establish rural transportation planning districts outside of the boundaries of metropolitan planning organizations. In developing the boundaries, the Coordinating Council should consider existing population centers, commuting patterns, and anticipated future growth patterns. The Coordinating Council shall establish the representation from local jurisdictions on each rural transportation planning district. The rural transportation planning district shall establish transportation plans for the assigned territory including plans for the provision of rural mass transit.

    (E) The Coordinating Council shall approve the host organizations for each metropolitan planning organization and rural transportation planning district. When approving the host organization, the Coordinating Council shall consider independence from influence by one jurisdiction and institutional capacity.

 

SECTION 2.  Section 57-1-360(B) of the S.C. Code is amended to read:

 

    Section 57-1-360.  (B)(1) The chief internal auditor must be a Certified Public Accountant, a Certified Internal Auditor, or a Certified Fraud Examiner, and possess any other experience the State Auditor may require. The chief internal auditor must establish, implement, and maintain the exclusive internal audit function of all departmental activities. The State Auditor shall set the salary for the chief internal auditor as allowed by statute or applicable law.

       (2) The audits performed by the chief internal auditor must comply with recognized governmental auditing standards. The scope of internal audit services shall cover the entire department, including all the department's activities, assets, and personnel. The scope of internal audit activities also encompasses all, but is not limited to, objective examinations of evidence to provide independent assurance on the adequacy, effectiveness, and efficiency of governance, risk management, control processes, and compliance for the department. The department and any entity contracting with the department must fully cooperate with the chief internal auditor in the discharge of his duties and responsibilities and must timely produce all books, papers, correspondence, memoranda, and other records considered necessary in connection with an internal audit. All final audit reports must be submitted to the Secretary, the commission and the Chairman of the Senate Transportation Committee, the Chairman of the Senate Finance Committee, the Chairman of the House of Representatives Education and Public Works Committee, and the Chairman of the House of Representatives Ways and Means Committee before being made public. All final audit reports shall be published on the department's and the State Auditor's websites.

       (3) The State Auditor is vested with the exclusive management and control of the chief internal auditor.

 

Section 57-1-370 of the S.C. Code is amended to read:

 

    Section 57-1-370.  (A) The commission department must develop the long-range Statewide Transportation Plan, with a minimum twenty-year forecast period at the time of adoption, that provides for the development and implementation of the multimodal transportation system for the State. The plan must be developed in a manner consistent with all federal laws or regulations and in consultation with all interested parties, particularly the metropolitan planning organizations and the nonmetropolitan planning organization area local officials. The plan may be revised from time to time as permitted by and in the manner required by federal laws or regulations.

    (B) Concerning the development, content, and implementation of the Statewide Transportation Improvement Program, the commission department must:

       (1) develop a process for consulting with nonmetropolitan local officials, with responsibility for transportation, that provides an opportunity for their participation in the development of the long-range Statewide Transportation Plan and the Statewide Transportation Improvement Program;

       (2) approve the Statewide Transportation Improvement Program and ensure that it is developed pursuant to federal laws and regulations and approve an updated Statewide Transportation Improvement Program from time to time as permitted by and in the manner required by federal laws or regulations;

       (3) develop and revise the transportation plan for inclusion in the Statewide Transportation Improvement Program, for each nonmetropolitan planning area in consultation with local officials with responsibility for transportation;

       (4) work in consultation with each metropolitan planning organization to develop and revise a transportation improvement program for each metropolitan planning area;

       (5) select from the approved Statewide Transportation Improvement Program the transportation projects undertaken in nonmetropolitan areas in consultation with the affected nonmetropolitan local officials with responsibility for transportation;

       (6) select projects to be undertaken, in consultation with each metropolitan planning organization, from the metropolitan planning organization's approved transportation improvement plan in metropolitan areas not designated as a transportation management area;

       (7) consult with each metropolitan planning organization, in metropolitan areas designated as transportation management areas, concerning the projects selected to be undertaken from the approved transportation improvement program and in accordance with the priorities approved by the transportation improvement program;  and

       (8) when selecting projects to be undertaken from nontransportation management area metropolitan planning organizations' transportation improvement programs, or selecting the nonmetropolitan area projects to be undertaken that are included in the Statewide Transportation Improvement Program, and when consulting with metropolitan planning organizations designated as transportation management areas, the commission department shall establish a priority list of projects to the extent permitted by federal laws or regulations, taking into consideration at least the following criteria:

           (a) financial viability including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;

           (b) public safety;

           (c) potential for economic development;

           (d) traffic volume and congestion;

           (e) truck traffic;

           (f) the pavement quality index;

           (g) environmental impact;

           (h) alternative transportation solutions;  and

           (i) consistency with local land use plans.

    (C)(1) To the extent that state funds are available to address the needs of the state highway system, the commission must develop a comprehensive plan specifying objectives and performance measures for the preservation and improvement of the existing system. The projects included in this plan must be supported solely by state funds including the Non-Federal Aid Highway Fund or other state revenue source. When developing the plan required by this subsection, the commission must consider, but is not limited to, considering the criteria in subsection (B)(8).

        (2)(C) When state funding is programmed for a project selected from the plan to be undertaken, the department may use federal law, regulations, or guidelines relevant to the type of project being undertaken to be eligible for federal matching funds.

    (D) The commission must approve the department's annual budget.

    (E) The commission shall have any other rights, duties, obligations, or responsibilities as specifically provided by law.

 

SECTION 3.  Section 57-3-20 of the S.C. Code is amended to read:

 

    Section 57-3-20. The responsibilities and duties of the following division deputy directors Deputy Secretaries must include, but not be limited to, the following:

    (1) division deputy director for finance and administration Deputy Secretary for Finance and Administration:

       (a) financial planning and management;

       (b) accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General;  and

       (c) administrative functions, including recording proceedings of the commission and developing policy and procedures to ensure compliance with these policies and procedures; and

       (d) financial management of funding from federal, state, and local transit, rail, and other intermodal.

    (2) division deputy director for construction, engineering, and planningDeputy Secretary for Engineering:

       (a) develop statewide strategic highway plans;  andoperations and management of the department's highway districts;

       (b) direct highway engineering activities, including preconstruction, construction, design, construction oversight, and maintenance of state highways; and

       (c) establish project and program priority lists.

    (3) division deputy director for intermodal and freight programsDeputy Secretary for Intermodal and Freight Programs:

       (a) develop a statewide public transit system;

       (b) coordinate the preservation and revitalization of existing rail corridors;

       (c) develop and coordinate a statewide passenger and freight rail system, including the development of a comprehensive state rail plan for passenger and freight railroads and rail infrastructure services;

       (d) plan, develop, and coordinate and implement a comprehensive intermodal transportation program for the movement of passengers and freight through integrated highway, railroad, port, airport, and other transit systems; and

       (e) financial management of funding from federal, state, and local transit, rail, and other intermodal sources;  and

       (f)(e) manage the Office of Railroads and the Office of Public Transit.

    (4) Deputy Secretary for Planning:

       (a) develop statewide strategic transportation plans;

       (b) coordinate statewide plans with federal and state-funded regional and local transportation planning organizations; and

       (c) serve as the staff for the department to the Coordinating Council for Transportation and Mobility.

 

SECTION 4.  Article 2, Chapter 3, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-3-205.  (A) The department may, either directly or through a new office of public-private partnerships, enter into public-private partnership arrangements between or among the department and any public or private entity for the purpose of planning, designing, financing, constructing, operating or maintaining the highways, roads, streets, bridges, public transit, and work, improvements or facilities incidental or related thereto under the jurisdiction of the department. The provisions of this section may be used with any other provisions of state law to accomplish one or more projects.

    (B) Public-private partnership arrangements may take the form of design-build agreements, design-build-operate agreements, design-build-operate-maintain agreements, design-build-finance-operate-maintain agreements, franchise agreements, pre-development agreements, tolling services agreements, direct agreements, guarantees, concession agreements, lease agreements, availability payments agreements, performance-based payments agreements, or any other form of contract approved by the department, or other similar arrangements or agreements pursuant to which the design, right-of-way acquisition, relocation of structures or utilities, construction, financing, management, maintenance, and operation, or any combination thereof, of a public highway, road, streets, buildings and facilities owned by the department, broadband technology, bridge, public transit project and work, improvements or facilities incidental or related thereto is accomplished by the department or on behalf of the department by any public or private entities or methods. Additionally, such agreements may:

       (1) be short-term or long-term agreements, but not exceed ninety-nine years;

       (2) authorize the establishment, adjustment, indexation, and enforcement of fares, tolls, or other user fees, including time-of-day or dynamic pricing, consistent with policies adopted by the department, which may allow enforcement through photo monitoring;

       (3) specify a revenue application waterfall, reserves, rate covenants, and collection and enforcement measures; and

       (4) be structured on a revenue-risk, availability-payment, or hybrid basis, including shadow tolls or usage-based performance components.

    (C) Subject to Section 57-3-615, any contracts entered into pursuant to this section may authorize funding to be established, set, modified, adjusted, and retained by the private entity, may include fares, tolls, or other user fees for use of the project that is the subject of the arrangement, and the department may provide enforcement and collection services for the benefit of a public-private partnership arrangement. Such funding may be distributed among the participants in the project as may be provided for by contract. Multiyear payment obligations may be appropriation backed availability payments or milestone payments and may include standard non-appropriation clauses and termination-for-non-appropriation remedies with predefined compensation formulas.

    (D) The department may:

       (1) take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose and the public-private partnership arrangements authorized by this section and may enter into any contracts required to receive such assistance;

       (2) determine that it serves the public purpose and the public-private partnership arrangements authorized by this section for all or any portion of the costs of a project to be paid, directly or indirectly, from the proceeds of a grant or loan made by federal, state, or local government or any agency or instrumentality thereof. Such assistance includes, but is not limited to, assistance under the transportation infrastructure finance and innovation act, railroad rehabilitation and improvement financing, private activity bonds, and other federal credit or tax-exempt financing programs; and

       (3) cooperate with private partners to obtain allocations or approvals necessary for the issuance of private activity bonds and similar instruments, and may establish or incorporate, or assist in the establishment and incorporation of, a not-for-profit corporation or entity for purpose of borrowing funds through a governmental conduit bond issuer for the benefit of a project procured by the department.

    (E) Any contract entered into pursuant to this section shall require the private partner or each of its prime contractors to provide performance and payment security to the extent deemed necessary by the department or required by the financing parties. Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, such as the value of the construction elements of the contract, based upon the department's determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties.

    (F) Notwithstanding any provision of law to the contrary, proposals under this section, with respect to public highway, road, bridge, building, facility, or public transit projects or work incidental or related thereto that the department determines can be more efficiently accomplished by any of the means enumerated in this section, may be evaluated and awarded by the department based on qualifications of participants or best value, or both, as evaluated by procedures of the department and taking into consideration the best interest of the State of South Carolina. Projects authorized under a pre-development agreement may be authorized without specifying or finalizing the full or final scope of work to be performed under the procurement or pre-development agreement. The department may utilize a two-step request for qualifications or request for proposals process with shortlisting, conduct competitive dialogue or confidential meetings with proposers, solicit and accept alternative technical concepts, and make best-value tradeoffs without mandated formulaic weights.

    (G)(1) To the extent not authorized by statutory provisions other than this section, the determination of the type of contract to utilize under subsection (B) for a given project shall be reviewed by the Joint Bond Review Committee prior to its solicitation.

       (2) The contract may include an agreement to make payments to a development entity on a multi-year basis, provided either that payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds for such periods, or that specific, limited revenues are identified and reviewed by the Joint Bond Review Committee prior to the solicitation of the procurement and such revenues are payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax.

       (3) The department may set up separate accounts, which may be with a commercial trustee, to account for any such funds and provide for the deposit and disbursement of moneys therein under the public-private partnership arrangement.

       (4) The department shall issue a report to the Joint Bond Review Committee within thirty days of execution of the public-private partnership arrangement and shall keep the Joint Bond Review Committee updated on an annual basis within one hundred twenty days of the end of each fiscal year regarding the status of all public private partnership arrangements outstanding.

    (H) When the department shall propose to enter into a public-private partnership arrangement under this section, it shall, prior to the execution and delivery of the contract documents for such public-private partnership arrangement, file a copy of such documents in the office of the Secretary of State. It shall be the duty of the Secretary of State to file and index such filing in a special book to be kept by such officer for such purpose. The Secretary of State shall be authorized to prepare and deliver certified copies of the documents as thus filed and to deliver them to interested parties. For each such certification a reasonable fee may be charged. No action shall be commenced on account of the validity of a public-private partnership arrangement after the expiration of twenty days from the date of the filing and indexing of the proposed contract documents for the public-private partnership arrangement in the office of the Secretary of State. The period within which such actions may be commenced shall not begin to run until such records have been filed as prescribed in this section.

 

SECTION 5.  Section 57-3-615 of the S.C. Code is amended to read:

 

    Section 57-3-615.  If a toll is administered on a project by the Department of Transportation, the toll must be used to pay for the construction, maintenance costs, and other expenses for only that project.  A toll project that is in excess of one hundred fifty million dollars may only be initiated as provided in Chapter 37 of Title 4.

    No toll may be imposed on passage of any vehicle on federal interstate highways or any State highway in this State which were in existence as of January 1, 1997, unless such designation is allowed by or not contrary to federal law and the imposition is otherwise affirmatively approved by the General Assembly in separate legislation enacted solely for that purpose or such toll is imposed as a result of the use of or right to use lanes and facilities designated as turnpike facilities under Title 57, Chapter 5, Article 9 and such turnpike facilities increase the capacity of such highway.

 

SECTION 6.  Article 7, Chapter 3, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-3-790.  The state waives its immunity under the 11th Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of the department's compliance, discharge, or enforcement of responsibilities assumed pursuant to 23 U.S.C. Sections 326 and 327. The waiver of immunity under this section is valid only if:

    (1) the Secretary of Transportation executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by 23 U.S.C. Sections 326(c) and 327(c);

    (2) before execution of the memorandum of understanding under Subsection A, the South Carolina Attorney General has issued an opinion letter to the Secretary of Transportation and the administrator of the Federal Highway Administration that the memorandum of understanding and the waiver of immunity are valid and binding upon the State;

    (3) the act or omission that is the subject of the lawsuit arises out of or relates to compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. Section 326 and 327; and

    (4) the memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred.

 

SECTION 7.  Chapter 3, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-3-800.  The Department of Transportation may enter into reciprocal agreements with other jurisdictions including the federal government and any state, or agencies or departments thereof, to enforce toll violations. Such an agreement shall provide that, when another jurisdiction certifies that the registered owner of a vehicle registered in this State has failed to pay a toll, processing fee, or civil penalty due to that jurisdiction, the unpaid toll, processing fee, or civil penalty may be enforced by placing a renewal block as if the owner of the motor vehicle has an outstanding judgment for failure to pay a toll under Section 56-3-1335, upon notification by the Department of Transportation to the Department of Motor Vehicles. Such agreement shall only be enforceable to the extent that:

    (1) the other jurisdiction has its own reciprocal procedure for toll violation enforcement and does, in fact, reciprocate in enforcing toll violations within this State by withholding the registration renewal of registered owners of motor vehicles from such jurisdiction, and the other jurisdiction provides due process and appeal protections to avoid the likelihood that a false, mistaken, or unjustified claim will be pursued against the owner of a vehicle registered in this State;

    (2) drivers and vehicles licensed or registered in this State, while operating on the highways and bridges of the other jurisdiction, shall receive the benefits, privileges, and exemptions of a similar kind with regard to toll enforcement as are extended to the drivers and vehicles licensed or registered in the other jurisdiction while they are operating on the highways and bridges of this State;

    (3) the owner of a vehicle registered in this State may present evidence to the other toll agency or jurisdiction by mail or other means to invoke rights of due process without having to appear personally in the jurisdiction where the violation allegedly occurred;

    (4) the reciprocal violation enforcement arrangement between the Department and the other toll agency provides that each party shall charge the other for costs associated with registration holds in their respective jurisdictions.

 

SECTION 8.  Sections 57-5-820 and 57-5-830 of the S.C. Code are amended to read:

 

    Section 57-5-820.  (A) As used in this section and Section 57-5-830:

        (1) "Structurally deficient" means not adequate to handle the vehicle weights authorized on roads leading to them.

        (2) "Functionally obsolete" means narrow clearances or sharp roadway approach angles that make passage difficult or hazardous, or with too few lanes for existing traffic needs.

    (B)(1) All work to be performed by the Department on state highways within a municipality must be with the consent and approval of the proper municipal authorities, except that work performed or to be performed on a bridge and its approaches, certified by the Department as functionally obsolete or structurally deficient, to remove, replace, or improve such bridge and its approaches shall not require prior consent and approval of a municipal authority if the bridge crosses the intracoastal waterway.

       (2) A decision by a municipality to not consent and approve the work must be communicated in writing to the Department not less than one hundred eighty days prior to right-of-way acquisition for the project to assure that the municipality does not unreasonably delay projects. A decision to disapprove of the work shall result in the cancellation of the project, unless the project is determined by the Coordinating Council for Transportation and Mobility to be in the best interest of the state.

       (3) Failure to provide consent and approval shall be deemed acceptance of the work.

       (4) Municipalities shall not conditionally approve the work to be performed by the Department.

 

    Section 57-5-830.  In every case of a proposed permanent improvement, construction, reconstruction, or alteration by the Department of any highway or highway facility within a municipality, the municipality may review and approve the plans before the work is started, but in no event shall such review and approval of the plans delay the project schedule as communicated by the Department to the municipality;  except that a municipality may not have the right to review and approve plans to remove, replace, or improve a bridge and its approaches within its limits where such bridge and its approaches have been certified by the Department to be functionally obsolete or structurally deficient and if the bridge crosses the intracoastal waterway. Any costs incurred by the Department caused by the unreasonable delay in the review and approval of the plans shall be the responsibility of the municipality.

 

SECTION 9.  Chapter 5, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-5-105.  (A) The Department shall publish a list of roads not essential to the operation of the State Highway System and ownership may be transferred to counties, municipalities, or other entities. The list shall be approved by the Coordinating Council for Transportation and Mobility.

    (B) The System Realignment Fund is hereby created to fund the transfer to local government of roads identified in subsection (A), subject to appropriations by the General Assembly or transfers from the State Highway Fund approved by the Secretary of Transportation.

    (C) In counties where all roads identified by the Department as non-essential to the State Highway System under this section have been transferred to the county and municipalities within that county, that county's County Transportation Committee shall not be required to meet the twenty-five percent on state highway system requirements of Section 12-28-2740(C).

    (D) In counties where all roads identified by the Department as non-essential to the State Highway System under this Section have been transferred to the county and municipalities within that county, that county may impose a sales tax of two cents in accordance with the requirements of Section 4-37-30(A).

    (E) In local governments where all roads identified by the Department as non-essential to the State Highway System under this Section have been transferred to the county, the local government may impose additional millage to meet the funding requirements of maintaining the roads. An additional millage imposed pursuant to this section is not subject to the provisions of Section 6-1-320.

    (F) Road transferred to local governments pursuant to this section shall be maintained by the local government, meet or exceed the state highway maintenance standards and remain in a good state of repair.

 

SECTION 10. Chapter 5, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-5-1085. (A) In order to mitigate congestion caused by additional traffic to the state highway system from new residential and commercial development, a fee is imposed upon the classes of new development specified in this section below. These fees shall be paid to the local government where the development is located upon application for a building permit for structures in the development. These fees shall be transferred by the county to the department and shall be used by the department for operational improvements to the state highway system such as turn lanes, intersection improvements, and traffic signals with the intent of reducing traffic congestion. The fees shall be spent by the department in the county where the fees were collected. The fees shall be assessed based on the following classes of new development:

       (1) Residential development:

           (a) single-family subdivision developments of five or more residences shall pay a development congestion mitigation fee of two thousand five hundred dollars per residence.

           (b) multi-family residential developments shall pay a development congestion mitigation fee of one thousand one hundred dollars per residential unit.

       (2) Commercial developments shall pay a development congestion mitigation fee based upon needed offsite improvements to the state highway system caused by the commercial development and identified in a traffic impact study approved by the Department for a permit required pursuant to Section 57-5-1080. The traffic impact study will estimate the cost of the needed offsite improvements and payment of that amount shall be due upon issuance of the permit. The department, in its discretion, may allow the developer to construct needed offsite improvements identified in the traffic impact study.

    (B) Developers of both residential and commercial properties shall be responsible for any road improvements contiguous to the property being developed that are identified in a traffic impact study for a permit required pursuant to Section 57-5-1080.

    (C) A separate fund for each county shall be established.

    (D) In a local jurisdiction with a transportation developmental impact fee pursuant to Section 6-1-930 imposed prior to the effective date of this section, the amount of the congestion fee in this section shall be offset by the amount of the local transportation developmental impact fee. For a local transportation developmental impact fee imposed or renewed subsequent to the effective date of this section, the amount owed of that transportation developmental impact fee shall be reduced by the amount of the congestion fee in this section.

 

SECTION 11..Section 57-5-1320 of the S.C. Code is amended to read:

 

    Section 57-5-1320. As used in this section:, Unless the context indicates another meaning or intent:

    (1) "Department" means the Department of Transportation;

    (2) "Turnpike facility" means any express highway or limited access highway constructed or any specified lanes or portion thereof, designated and ratified or approved as such under the provisions of this article by the department, whether or not financed with turnpike bonds, including any bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll house, service station and administration and storage and other buildings and facilities which the department considers necessary or desirable.  A turnpike facility constitutes a portion or extension of any existing or proposed highway in the state highway system;

    (3) "Bonds or turnpike bonds" means revenue bonds of the State authorized under the provisions of this article and Paragraph (9), Section 13, Article X of the South Carolina Constitution;

    (4) "Authority" means the State Fiscal Accountability Authority;

    (5) "Turnpike facility revenues" means all revenues resulting from tolls or other charges derived from the operation of a turnpike facility, including revenues derived from concession leases or other concessionaire operated facilities;, and, to the extent designated by the bond resolution, such nontax revenues or other legally available funds as are or may be made available to the department from whatever source for the purpose of operating, financing, enforcing, and maintaining, or any combination thereof, turnpike facilities;

    (6) "Bond resolution" means the resolution or resolutions of the state board authority making provision for the issuance of turnpike revenue bonds;, as may be supplemented or amended from time to time;

    (7) "General obligation bonds" means state highway bonds issued pursuant to Paragraph (6)(a), Section 13, Article X of the South Carolina Constitution.;

    (8) "State" means the State of South Carolina;

    (9) "Commission" means the Commission of the Department of Transportation.

 

    Section 57-5-1330 of the S.C. Code is amended to read:

 

    Section 57-5-1330. 1. The department may designate, establish, plan, improve, construct, maintain, operate, and regulate turnpike facilities as a part of the state highway system or any federal aid system whenever the department determines the traffic conditions, present or future, justify the facilities, except that the department may not designate as a turnpike facility any highway, road, bridge, or other transportation facility funded in whole or in part by a then imposed local option sales and use tax as provided in imposed pursuant to Chapter 37 of Title 4., but may designate any existing highway, road, bridge, or other transportation facility as a turnpike facility.  The department may utilize turnpike facilities revenues and funds available for the maintenance of the state highway system for the maintenance and operation of any turnpike facility financed pursuant to this article. The authority to designate turnpike facilities under this section shall at all times be subject to the provisions of Section 57-3-615, and such designation shall not be effective until ratified or approved by the authority.

    2. In every highway construction project, except federal and state secondary projects, rehabilitation and widening of federal and state primary and secondary road and bridge projects and highway safety projects, the Department shall consider making all or part of the highway construction a turnpike facility and financing it by the use of turnpike bonds.  It shall make an entry in the construction project file indicating whether or not it determines making all or part of the project a turnpike facility.  If the Departmentdepartment determines it is feasible to make all or part of the any construction project a turnpike facility, then it may engage in the preliminary estimates and studies incident to the determination of the feasibility or practicability of constructing any toll road as it from time to time considers necessary and the cost of the preliminary estimates and studies must be paid from the general highway fund and must be reimbursed from funds provided under this authority only if the studies and estimates lead to the construction of a toll road.

    3. The Department department may acquire such lands and property including rights of access as may be needed for turnpike facilities by gift, devise, purchase, or condemnation by easement or in fee simple in the same manner as now or hereafter authorized by law for acquiring property or property rights in connection with other state highways.

    4. In designating, establishing, planning, abandoning, improving, constructing, maintaining and regulating turnpike facilities the Department department may exercise such authorizations as are granted to the Department department by the provisions of other statute law applicable to the state highway system, except as they may be inconsistent with the provisions included herein.

    5.(a) The Department may contract with any person, partnership, association or corporation desiring the use of any part of the turnpike facility, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels and restaurants or for any other purpose, except tracks for railroad or railway use and to fix the terms, conditions, rents and rates of charges for such use provided that a sufficient number of the aforementioned facilities shall be authorized to be established in each service area along any such turnpike project to permit reasonable competition by private business in the public interest.  Revenues from these contracts would be included in turnpike facility revenues.

        (b) The department may contract with any political subdivision desiring to assist the department, whether financially, in kind, or otherwise, in any of the designating, establishing, planning, abandoning, financing, improving, constructing, maintaining, and regulating turnpike facilities as may be set forth in a short-term or long-term intergovernmental agreement between the department and such political subdivision. Revenues from these contracts may be pledged for the term thereof and may be included in turnpike facility revenues should the contract so provide. The right to receive any payments under such an intergovernmental agreement may be maintained by the department or assigned to the trustee for the turnpike revenue bonds, as may be provided or authorized in the bond resolution. The authority to enter into such an intergovernmental agreement is concurrent and supplementary to those general powers granted political subdivisions and the department in the South Carolina Code of Laws, including, without limitation, Title 57.

 

Section 57-5-1335 of the S.C. Code is amended to read:

 

    Section 57-5-1335. The Department of Transportation department, before constructing a bridge or replacing an existing bridge which qualifies is or is anticipated to be designated as a turnpike facility as defined in Section 57-5-1320, shall conduct the feasibility study required by referenced in Section 57-5-1330 and shall forward copies of the study to the Chairman of the Transportation and Finance Committees of the Senate and the Education and Public Works and Ways and Means Committees of the House of Representatives within fifteen days of the completion of the study.

 

Section 57-5-1340 of the S.C. Code is amended to read:

 

    Section 57-5-1340. In addition to the powers listed above, the South Carolina Department of Transportation may:

    1. Requestrequest the issuance of turnpike bonds for the purpose of paying all or any part of the cost of any one or more turnpike projects;

    2. Fixfix and revise from time to time and charge and collect a program of tolls for transit over each designated turnpike facility; constructed by it; and each program may provide for dynamic tolling, scheduled tolling, variable tolling, uniform tolling, or some combination thereof, and may take into account the weight and class of certain vehicles, real-time and planned usage, and any other factors deemed appropriate by the department;

    3. Combinecombine, for the purposes of financing the any turnpike facilities, any two or more turnpike facilities;

    4. Controlcontrol access to turnpike facilities;

    5. Toto the extent permitted by a bond resolution, expend turnpike facility or facilities revenues in advertising the turnpike facilities and services of the turnpike facility or facilities to the traveling public;

    6. Receivereceive and accept from any federal agency grants for or in the aid of the construction of any turnpike facility;

    7. Establishestablish a separate division to administer turnpike facilities and a separate turnpike facility account.;

    8. Dodo all acts and things necessary or convenient to carry out the powers expressly granted in this article.

 

Section 57-5-1350 of the S.C. Code is amended to read:

 

    Section 57-5-1350. Whenever it becomes necessary that monies be raised for a turnpike facility, the commission may make request to the State Fiscal Accountability Authority authority for the issuance of turnpike bonds.  The request may be in the form of resolution adopted at any regular or special meeting of the commission.  The request shall set forth on the face thereof or by schedule attached thereto:

    1. the turnpike facility proposed to be constructed or designated;

    2. the amount required for feasibility studies, planning, design, right-of-way acquisition, and construction of the turnpike facility;

    3. a tentative time schedule setting forth the period of time for which the sum request must requested is expected to be expended;

    4. a debt service table showing the estimated annual principal and interest requirements for the requested turnpike bonds;

    5. any feasibility study obtained by the commission relating to the proposed turnpike facility;

    6. the commission's recommendations relating to any covenant to be made in the bond resolution of the State Fiscal Accountability Authority authority respecting competition between the proposed turnpike facility and possible future highways whose construction would have an adverse effect upon the turnpike facility revenues which would otherwise be derived by the proposed turnpike facility.

 

Section 57-5-1360 of the S.C. Code is amended to read:

 

    Section 57-5-1360. Following the receipt of a request pursuant to Section 57-5-1350, the State Fiscal Accountability Authorityauthority shall review the request and, to the extent that it approves the request, it may effect, by resolution duly adopted, the issuance of turnpike bonds, or pending their issuance, may effect the issuance of bond anticipation notes pursuant to Title 11, Chapter 17.  A resolution approving any proposed turnpike bonds may not be adopted unless before approval the state board conducts, after not less than ten days' published notice, a public hearing in the City of Columbia.

 

SECTION 12. Section 57-5-1380 of the S.C. Code is amended to read:

 

    Section 57-5-1380. (A) For the payment of the principal of and interest on all turnpike bonds, there is irrevocably pledged all turnpike revenues derived from the turnpike facility revenues financed by the bonds to the extent and in the manner prescribed by the bond resolution.  Any interest earned on turnpike facility account balances must be credited to the turnpike facility account as prescribed in the bond resolution.

    (B) The turnpike bonds authorized by this article are special limited obligations of the State. The principal and interest are payable solely out of the turnpike facility revenues. The turnpike bonds issued do not constitute an indebtedness of the State, authority, or department within the meaning of any state constitutional provision or statutory limitation, except indebtedness payable solely from a revenue producing source or from a special source that does not include revenues from any tax within the meaning of Paragraph (9), Section 13, Article X of the South Carolina Constitution. The full faith, credit, and taxing powers of the State, authority, or department are not pledged to the payment of the turnpike bonds and this fact must be plainly stated on the face of each turnpike bond. The authority and the department each lack taxing power.

 

Section 57-5-1390 of the S.C. Code is amended to read:

 

    Section 57-5-1390. Turnpike bonds shall bear interest, payable on occasions prescribed by the State Fiscal Accountability Authorityauthority, at a rate not exceeding the maximum prescribed by Section 11-9-350 the bond resolution.  Each issue of turnpike bonds shall mature on the occasion prescribed by the State Fiscal Accountability Authorityauthority, not exceeding forty years from the date the bonds bearare issued.  Turnpike bonds may, in the discretion of the State Fiscal Accountability Authority authority, be made subject to redemption at par and accrued interest, plus such redemption premium as it approves and on occasions and under conditions it prescribes.  Turnpike bonds are not redeemable before maturity unless they contain a statement to that effect.

 

Section 57-5-1400 of the S.C. Code is amended to read:

 

    Section 57-5-1400. Turnpike bonds must be sold at private or public sale under conditions prescribed by the State Fiscal Accountability Authorityauthority.  For the purpose of bringing about successful sales of the bonds, the State Fiscal Accountability Authority may doauthority may do, or cause to be done all things ordinarily and customarily done in connection with the sale of state or municipal bonds.  All expenses incident to the sales of the turnpike bonds must be paid from the proceeds of the sale of the bonds or turnpike facility revenues.

 

Section 57-5-1410 of the S.C. Code is amended to read:

 

    Section 57-5-1410. All turnpike bonds must be executed in the name of and on behalf of the State of South Carolina and must be signed by the Governor and the State Treasurer.  The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and they must be attested by the Secretary of State.  If approved by the State Fiscal Accountability Authorityauthority, any one or two of the officers may, in lieu of manually signing, employ the use of the facsimile of their signatures in executing any turnpike bonds.

 

Section 57-5-1420 of the S.C. Code is amended to read:

 

    Section 57-5-1420. The proceeds derived from the sale of turnpike bonds must be applied only to the purposes for which bonds are issuedauthorized by this article and provided in the bond resolution.

 

Section 57-5-1430 of the S.C. Code is amended to read:

 

    Section 57-5-1430. Turnpike bonds must each be in the denomination of one thousand or five thousand dollars or some multiple thereof or such larger denominations as may be authorized by the authority in the bond resolution.

 

Section 57-5-1440 of the S.C. Code is amended to read:

 

    Section 57-5-1440. Turnpike bonds issued pursuant to this article may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and the principal or both principal and interest, as the case may be, thus made payable to the registered holder, subject to conditions the State Fiscal Accountability Authority prescribes.  Turnpike bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.

    Turnpike bonds may also be issued as fully registered bonds with both principal and interest made payable only to the registered holder.  The fully registered bonds are subject to transfer under conditions the State Fiscal Accountability Authority prescribes.  The fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this sectionauthority prescribes.

 

Section 57-5-1450 of the S.C. Code is amended to read:

 

    Section 57-5-1450. (A) The State Fiscal Accountability Authority authority, by bond resolution duly adopted, may make provision for the issuance of turnpike bonds.  In the bond resolution, the State Fiscal Accountability Authorityauthority may prescribe:

       (1) the amount, denomination, and numbering of turnpike bonds to be issued;

       (2) the date as of which they must be issued method or manner of dating the turnpike bonds;

       (3) the estimated maturity schedule for the retirement of the turnpike bonds and a pro forma table of anticipated principal and interest payments for such turnpike bonds;

       (4) the form or forms of the turnpike bonds of the particular issue;

       (5) the redemption provisions or manner of determining the same, if any, applicable to the bonds;

       (6) the maximum rate or rates of interest the turnpike bonds shall bear;

       (7) the specific purposes for which the turnpike bonds must be issued;

       (8) the purposes for which the proceeds of the turnpike bonds must be expended, in the discretion of the State Fiscal Accountability Authorityauthority, a portion of the proceeds may be used as capitalized interest during the period of construction and initial operation and for the creation of appropriate debt service reserves and such other funds and accounts as the authority deems necessary or expedient from the turnpike bonds and the proper operation and functioning of the turnpike facilities;

       (9) the method and conditions by which turnpike revenues from the turnpike facility so financed must be collected and utilized;

       (10)(9) the extent to which and the conditions under which additional parity turnpike bonds may be issued;

       (11)(10) any covenant considered necessary protecting the turnpike facility so financed from possible future competition from other highways or comparable facilities;

       (12)(11) the authorized method or methods by which the turnpike bonds must be sold and such other matters as may be considered necessary in order to effect the sale, issuance, and delivery of the turnpike bonds.;

       (12) the conditions under which refunding turnpike bonds may be issued.

    (B) Except as otherwise provided in this article, all expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article or from any funds provided by the federal government or from other special sources and no liability or obligation may be incurred by the department beyond the extent to which money has been provided under the provisions of this article.

    (C)(B) The bond resolution shall set forth further a finding on the part of the State Fiscal Accountability Authority authority that the estimate of turnpike facility revenues made by the commission and approved by the State Fiscal Accountability Authority authority indicates that collection from turnpike revenues for applicable fiscal years is not less than that required for annual debt service requirements of the requested turnpike bonds. In making such finding, the department and the authority may rely in whole or in part on the work product of third-party professionals engaged to provide financial, feasibility, or practicability studies related to the turnpike facilities or the financing thereof through turnpike bonds.

    (C) The authority, by resolution duly adopted, may ratify and approve, in whole or in part, or modify in any way, the designation of turnpike facilities proposed pursuant to Section 57-5-1350.

 

Section 57-5-1460 of the S.C. Code is amended to read:

 

    Section 57-5-1460. If following presentation of a certified copy of the bond resolution it appears to the satisfaction of the Governor and the State Treasurer that the estimated collection from the sources of revenue turnpike facility revenues in applicable future fiscal years are not less than that required for annual debt service requirements for the requested turnpike bonds, then the Governor and State Treasurer may effect the delivery of bonds in accordance with the bond resolution.

 

SECTION 13. Section 57-5-1480 of the S.C. Code is amended to read:

 

    Section 57-5-1480. It is lawful for all executors, administrators, guardians, and other fiduciaries and all sinking fund commissions, including the State Fiscal Accountability Authority Retirement System Investment Commission and Public Employee Benefit Authority in their capacities as cotrustees of the funds of the South Carolina Retirement System and the authority as manager and administrator of other state sinking funds, to invest any monies in their hands in turnpike bonds.

 

Section 57-5-1490 of the S.C. Code is amended to read:

 

    Section 57-5-1490. Any person who uses any turnpike project facility and fails or refuses to pay the any toll provided therefor then due shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days, and in addition thereto the Department shall have a lien upon the vehicle driven by such person for the amount of such toll and may take and retain possession thereof.

 

    Sections 57-5-1495 (A), (B), and (C) of the S.C. Code are amended to read:

 

    (A) As used in this section:

       (1) "Electronic toll collection system" means a system of collecting tolls or charges which is capable of charging an account holder or person the appropriate toll or charge by transmission of information from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or chargemeans.

       (2) "Lessor" means any person, corporation, firm, partnership, agency, association, or organization renting or leasing vehicles to a lessee under a rental agreement, lease, or otherwise wherein the said lessee has the exclusive use of the vehicle for any period of time.

       (3) "Lessee" means any person, corporation, firm, partnership, agency, association, or organization that rents, leases, or contracts for the use of one or more vehicles and has exclusive use of the vehicles for any period of time.

       (4) "Owner" means a person or an entity who, at the time of a toll violation and with respect to the vehicle involved in the violation, is the registrant or co-registrant of the vehicle with the Department of Motor Vehicles of this State or another state, territory, district, province, nation, or jurisdiction.

       (5) "Photo-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of a vehicle at the time it is used or operated in violation of toll collection regulations.

       (6) "Toll violation" means the passage of a vehicle through a toll collection point without payment of the required toll.

       (7) "Vehicle" means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

    (B) Notwithstanding another provision of law, when a vehicle is driven through a turnpike facility without payment of the required toll, the owner and operator of the vehicle is jointly and severally liable to the Department of Transportationdepartment to pay the required toll, administrative fees, and civil penalty as provided in this section. The department or its authorized agent may enforce collection of the required toll as provided for in this section.

    (C) A certificate, sworn to or affirmed by an agent of the department, or a facsimile of it, that a toll violation has occurred, based upon inspection of photographs, microphotographs, videotape, or other recorded images, or other electronic means, produced by a photo-monitoring system, is prima facie evidence of the violation and is admissible in any proceeding charging a toll violation pursuant to this section. A photograph, microphotograph, videotape, or other recorded image evidencing a violation must be available for inspection by the party charged and is admissible into evidence in a proceeding to adjudicate liability for a violation.

 

SECTION 14. Chapter 5, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-5-1710. (A). As used in this section, "Phased Design-Build" means a project delivery method that uses a stepped or progressive qualifications-based selection process, followed by a progression to a contract price. The department must select the Phased Design-Build contractor exclusively on qualifications and technical approach, without consideration of schedule or costs, which must deliver the project in multiple phases.

       (1) The Phased Design-Build contractor is initially under contract for preconstruction activities including, but not limited to, project validation, designing and developing plans, performing constructability reviews, and developing construction schedules and pricing.

       (2) The department and the Phased Design-Build contractor shall establish a guaranteed maximum construction cost. The guaranteed maximum construction cost is the total dollar amount within which the Phased Design-Build contractors shall complete the final design and construction of the project including the contractor's direct costs, overhead, and profit, plus any authorized contingency. Upon agreement of the guaranteed maximum construction cost, the department and the Phased Design-Build contractor will execute a second contract or an amendment to the initial contract for completion of the final designs and construction of the project consistent with subsection (C).

       (3) If the department and Phased Design Build contractor cannot reach agreement on a guaranteed maximum construction cost, then the department shall take ownership and assume liability of the design work product. Nothing shall prohibit the department from pursuing the project under any other legally allowed method.

    (B) The department may only award a contract under this section if the department:

       (1) determines that it is in the public's interest to use the Phased Design-Build project delivery method; and

       (2) prequalifies the prime contractor and lead designer firm that will be awarded the contract.

    (C) The method for the department to award a contract using Phased Design-Build procedures shall be:

       (1) Prior to the initiating a Phased Design Build procurement under this section, the department shall submit a report to the Joint Bond Review Committee on the nature and scope of the project and the reasons the Phased Design-Build procurement project delivery method will best serve the public interest. The department shall not initiate a procurement until the Joint Bond Review Committee has provided its review and comment.

       (2) Upon completion of a project awarded under subsection (B), the department shall submit a post-completion report to the Joint Bond Review Committee detailing the project results, including any cost and time efficiencies achieved using the Phased Design-Build project delivery method. This report must include a cost analysis comparing the use of Phased Design-Build for awarding contracts with the award of contracts under the existing procedure.

    (D) The department may promulgate regulations to implement the Phased Design Build method.

 

Chapter 5, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-5-1720. (A) The department may award highway construction contracts using a construction manager/general contractor (CM/GC) procedure. Under a CM/GC contract, the department shall perform preconstruction services via department personnel or via contract. A CM/GC contractor is responsible for providing advisory preconstruction services of the department's design including, but not limited to, constructability review, scheduling, pricing, and phasing. The CM/GC contractor shall be able to perform construction should the department and the contractor agree to a guaranteed maximum price.

    (B) Should a guaranteed maximum price agreement be reached, construction services shall commence under a subsequent contract instrument. The contract instrument may be in the form of a CM/GC contract, a franchise agreement, or any other form of contract approved by the department. Before execution of a construction contract, the department shall retain an independent third party to develop a cost estimate to verify the guaranteed maximum price submitted by the contractor.

    (C) Selection criteria shall include the contractor's cost for preconstruction services associated with the project, contractor qualifications, experience, past performance, best value, or any combination of the aforementioned criteria, or any other combination of selection criteria considered appropriate by the department.

    (D) The department may promulgate regulations to implement the CM/GC project delivery method.

 

SECTION 15. Section 57-11-210 of the S.C. Code is amended to read:

 

    Section 57-11-210. The terms defined herein shall have the meanings hereinafter set forth The terms used in this section shall have the following meaning As used in this section:

    (1) "Fiscal year" means the fiscal year upon which the affairs of the State of South Carolina are then being conducted.  As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year.

    (2) "Fuel oil user fee" means the user fee levied pursuant to Chapter 28, Title 12.

    (3) "Gasoline user fee" means the per gallon user fee imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 28 of Title 12.

    (4) "Commission" means that agency of government now composed in accordance with the provisions of Article 3 of Chapter 1, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the commission pursuant to the provisions of Chapter 1, Title 57.

    (5) "Highway transportation purposes" means the construction of roads and bridges now or hereafter made a part of the state highway system, or the reconstruction and improvement of highways and bridges now or hereafter made a part of the state highway system and to provide state funds to obtain matching federal highway funds.

    (6) "Motor vehicle license tax" means the annual tax imposed upon a corporation, an individual, and an owner of a motor and other vehicle pursuant to the provisions of Title 56 and Title 57.

    (7) "Road tax" means the road tax imposed on motor carriers pursuant to Chapter 11, Title 56.

    (8) "Sources of revenue" means the gasoline user fee, the fuel oil user fee, the road tax, the alternative fuel fees, and the motor vehicle license tax.

    (9) "Authority" means the State Fiscal Accountability Authority of South Carolina.

    (10) "State highway bonds" means all general obligation bonds of the State of South Carolina designated as state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.

    (11) "Alternative fuel fees" means those charges imposed pursuant to Section 56-3-645 and Section 12-28-315.

 

SECTION 16. Section 56-3-645 of the S.C. Code is amended to read:

 

    Section 56-3-645.  (A) In addition to the registration fees imposed by this chapter, the owner of motor vehicles that are powered:

       (1) exclusively by electricity, hydrogen, or any fuel other than motor fuel, as defined in Section 12-28-110(39), that are not subject to motor fuel user fees imposed by Chapter 28, Title 12 shall pay a biennial road use alternative fuel fee of one hundred twenty four hundred dollars; or  and

       (2) by a combination of motor fuel subject to motor fuel user fees imposed by Chapter 28, Title 12 and electricity, hydrogen, or any fuel other than motor fuel that is not subject to motor fuel user fees imposed by Chapter 28, Title 12 shall pay a biennial road use alternative fuel fee of sixty two hundred dollars.

       (3) When a vehicle owner registers a vehicle with a declared gross vehicle weight, pursuant to Section 56-3-660, of at least eleven thousand one pounds that is powered by a source prescribed in either subsection (1) or subsection (2), the owner owes the applicable alternative fuel fee plus an additional ten percent. The total alternative fuel fee owed increases ten percent for each of the gross vehicle weight ranges prescribed in Section 56-3-660(B). Vehicle owners registered under Section 56-3-660 must pay the applicable amount based on the gross vehicle weight of the registered vehicle. Commercial motor vehicles powered by alternative fuels that participate in the international registration plan or international fuel tax agreement are exempt from this subsection.

    (B) Beginning October 1, 2030, and every fourth year thereafter, the Revenue and Fiscal Affairs Office must review and may adjust the amount of fees charged pursuant to subsections (1) and (2) according to the average change in the Consumer Price Index for All Urban Customers as published by the Bureau of Labor Statistics of the United States Department of Labor from the previous review. The adjustment may be either upward or downward in accordance with the Consumer Price Index. The Office must report the new fee to the Department of Motor Vehicles no later than October 15 of the appropriate year. The Department must apply the revised fee amount to vehicles subject to the fee beginning with those required for registration in January of the next calendar year and conspicuously post the new fee on its official agency website. This does not apply to section 56-3-645(A)(3).

    (B)(C) All of the fees collected pursuant to this section must be credited to State Highway Fund as established in Section 57-11-20the Infrastructure Maintenance Trust Fund.

    (C)(D) The Department of Motor Vehicles shall collect this fee at the same time as the vehicle subject to the fee is titled or registered.

    (E) The charges imposed by this section constitute a tax or license imposed upon individuals or vehicles for the privilege of using the public highways of the State.

 

SECTION 17. Section 11-43-140 of the S.C. Code is amended to read:

 

    Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows:  the Chairman of the Department the Secretary of Transportation Commission, ex officio;  one director appointed by the Governor who shall serve as chairman;  one director appointed by the Governor;  one director appointed by the Speaker of the House of Representatives;  one member of the House of Representatives appointed by the Speaker, ex officio;  one director appointed by the President of the Senate;  and one member of the Senate appointed by the President of the Senate, ex officio. Directors appointed by the Governor, the Speaker of the House, and the President of the Senate shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term.

 

SECTION 18. Section 11-35-710 of the S.C. Code is amended to read:

 

    Section 11-35-710. (A) The board, upon the recommendation of the chief procurement officer, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies, services, information technology, or construction from the purchasing procedures required in this chapter and for just cause by unanimous written decision limit or may withdraw exemptions provided for in this section. The following exemptions are granted from this chapter:

       (1) the transportation planning; financing construction, maintenance, operation and repair of bridges, highways, and roads, and other improvements on the State's rights of way,;  vehicle and road equipment maintenance and repair; purchase and management of information technology including, but not limited to, Intelligent Transportation Systems and signals utilized by the Department of Transportation; and other emergency-type parts or equipment utilized by the Department of Transportation or the Department of Public Safety. This exemption does not apply to welcome centers operated or staffed by the Department of Parks, Recreation and Tourism;

       (2) the purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;

       (3) South Carolina State Ports Authority;

       (4) Division of Public Railways of the Department of Commerce;

       (5) South Carolina Public Service Authority;

       (6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operation of canteens and bookstores, except as the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;

       (7) livestock, feed, and veterinary supplies;

       (8) articles for commercial sale by all governmental bodies;

       (9) fresh fruits, vegetables, meats, fish, milk, and eggs;

       (10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture, and similar objects. Before a governmental body procures the objects, the head of the purchasing agency shall prepare a written determination specifying the need for the objects and the benefits to the State. The South Carolina Arts Commission shall review the determination and forward a recommendation to the board for approval;

       (11) published books, periodicals, and technical pamphlets;

       (12) South Carolina Research Authority;

       (13) the purchase of supplies, services, or information technology by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries;

       (14) Medical University Hospital Authority, if the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision;

       (15) if approved in writing by the State Engineer in advance, and if some aspect of the overall transaction is otherwise approved by the board in advance of the acquisition, an acquisition of construction from an eleemosynary corporation or foundation, or a wholly owned business thereof, established solely for the governmental body's benefit, but only if the eleemosynary corporation or foundation acquires the construction on behalf of or for the use of the governmental body and does so pursuant to this code, as required by Section 11-35-40(4).

    (B) The State Fiscal Accountability Authority shall maintain and post publicly a running list of all currently effective actions taken by the board pursuant to subsection (A).

 

SECTION 19. Chapter 28, Title 12 of the S.C. Code is amended by adding:

 

    Section 12-28-315. (A) In addition to the taxes prescribed in Sections 12-36-910 and 12-36-1110, a user fee of four-and-one-half-cents per kilowatt-hour is imposed on electricity consumed when using publicly accessible electric vehicle charging stations provided for in Section 58-27-1060. The payment of the taxes and user fee is borne by the entity purchasing the electricity from the electrical utility provider. The entity purchasing the electricity must remit the fee in accordance with the South Carolina Sales and Use Tax Act.

    (B) Beginning October 1, 2030, and every fourth year thereafter, the Revenue and Fiscal Affairs Office must review and may adjust the user-fee charged pursuant to subsection (A) according to the average change in the Consumer Price Index for All Urban Customers as published by the Bureau of Labor Statistics of the United States Department of Labor from the previous review to October 1. The adjustment may be either upward or downward in accordance with the Consumer Price Index. The Office must report the new fee to the Department of Revenue no later than October 15 of the appropriate year. The Department must collect the revised fee amount beginning January 1 of the next calendar year.

    (C) When using a publicly accessible charging station, monies collected pursuant to Sections 12-36-910 and 12-36-1110 and the user fee prescribed in this section must be credited to the State Highway Fund established in Section 57-11-20.

    (D) The charges imposed by this section constitute a tax or license imposed upon individuals or vehicles for the privilege of using the public highways of the State

 

SECTION 20. Section 12-28-2740 of the S.C. Code is amended to read:

 

    Section 12-28-2740.  (A) The proceeds from two and sixty-six three and ninety-nine one-hundredths cents a gallon of the user fee on gasoline only as levied and provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. The monies must be apportioned among the counties of the State in the following manner:

       (1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State;

       (2) one-third distributed in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census;

       (3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Transportation. The Department of Revenue shall collect the information required pursuant to Section 12-28-1390 regarding the number of gallons sold in each county for use in making allocations of donor funds as provided in subsection (H)(I). The Department of Revenue shall submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee annually by May first of the following calendar year. Upon request of a county transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county.

    (B) All interest earnings on the County Transportation Fund in the State Treasury must be added to the distribution to counties under this section in proportion to each county's portion of the entire County Transportation Fund. Except for those funds being used in connection with highway projects administered by the Department of Transportation on behalf of counties administering their own "C" funds, these distributions of earnings and the calculation required to determine the appropriate amount shall not include those counties administering their own "C" funds.

    (B)(C) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee.

       (1) The county transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county. The legislative delegation shall provide notice to the Department of Transportation on appointments to the county transportation committee within thirty days of the action. The Department of Transportation shall publish a register on its website of members of the respective county transportation committees.

       (2) The countywide transportation plan shall list the criteria by which projects shall be selected by the county transportation committee. The criteria shall include, but not be limited to, the condition of state and local highway roads and bridges, safety, efficient traffic operations, and economic development. The plan shall be updated at least every four years. Expenses related to preparing a plan may be incurred from "C" funds. This subsection does not prohibit the county legislative delegation from making project recommendations to the county transportation committee.

       (3) County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. The regional transportation plan shall be updated every four years. Expenses related to preparing a plan may be incurred from "C" funds. This subsection does not prohibit the county legislative delegation from making project recommendations to the county transportation committee.

       (4) A county transportation committee may expend from the funds allocated under this section an amount not to exceed twoten thousand dollars for reasonable administrative expenses directly related to the activities of the committee. Administrative expenses may include costs associated with copying, mailings, public notices, correspondence, and recordkeeping but do not include the payment of per diem or salaries for members of the committee.

       (5) A county transportation committee shall comply with notice requirements under Section 30-4-80(a). The agenda shall include the proposed actions of the county transportation committee and include the requested amount of "C" funds to be allocated.

       (6) A county transportation committee shall comply with the minutes requirements Section 30-4-90. The minutes shall include the final amount of "C" funds allocated to each recipient.

       (7) A county transportation committee shall meet at least twice annually.

    (C)(D) At least twenty-five thirty-three percent of a county's apportionment of "C" funds, based on a biennial averaging of expenditures, must be expended on the state highway system for construction, improvements, and maintenance. The Secretary of Transportation, or his designee, shall approve the proposed expenditure based on the anticipated improvement to the existing condition and operations of the state highway system. The Department of Transportation shall administer all funds expended on the state highway system unless the department has given explicit authority to a county or municipal government or other agent acting on behalf of the county transportation committee to design, engineer, construct, and inspect projects using their own personnel. The county transportation committee, at its discretion, may expend up to seventy-five sixty-seven percent of "C" construction funds for activities including other local paving or improving county roads, for street and traffic signs, and for other road and bridge projects.

    (D)(E) The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J)(K), pay directly for appropriate highway projects, including engineering, contracting, and project supervision, and match federal funds available for appropriate projects. Beginning July 1, 2002, for any new "C" fund allocations received on or after this date, the balance of uncommitted funds carried forward from one year into the next may not exceed three hundred percent of the county's total apportionment for the most recent year. Expenditures must be documented on a per-project basis upon the completion of each project in reports to the respective county transportation committees. This documentation must be provided by the agency or local government actually expending the funds and it shall include a description of the completed project and a general accounting of all expenditures made in connection with the project summaries of these reports then must be forwarded by each county transportation committee to the department using guidelines established by the department and the department shall compile these reports into an annual statewide report to be submitted to the General Assembly by the second Tuesday of January of each year. The documentation and reporting requirements of this subsection apply only to counties administering their own "C" funds. For purposes of this section, "uncommitted funds" means funds held in the county's "C" fund account that have not been designated for specific projects.

    (E)(F) All unexpended "C" funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.

    (F)(G) The countywide and regional transportation plans provided for in this section must be reviewed and approved by the Department of Transportation and approved by the Coordinating Council for Transportation and Mobility. Before the expenditure of funds by a county transportation committee, the committee shall adopt specifications for local road projects. In counties electing to expend their allocation directly pursuant to subsection (A), specifications of roads built with "C" funds are to be established by the countywide or regional transportation committee. In counties in which the county transportation committee elects to have "C" funds administered by the Department of Transportation, primary and secondary roads built using "C" funds must meet Department of Transportation specifications.

    (G)(H) This section must not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the Department of Transportation.

    (H)(I)(1) For purposes of this subsection, "donor county" means a county that contributes to the "C" fund an amount in excess of what it receives under the allocation formula as stated in subsection (A). In addition to the allocation to the counties pursuant to subsection (A), the Department of Transportation annually shall transfer to the donor counties an amount equal to seventeen million dollars in the ratio of the individual donor county's contribution in excess of "C" fund revenue allocated to the county under subsection (A) to the total excess contributions of all donor counties.

       (2) A county is eligible for an additional allocation from the Department of Transportation if the county contributed to the "C" fund an amount in excess of what it receives under the allocation formula as stated in subsection (A) plus what it receives under item (1). The Department of Transportation annually shall transfer to the eligible counties an amount up to three and one-half million dollars in the ratio of the individual eligible county's contribution to the "C" fund in excess of the eligible county's total allocations under subsection (A) and item (1) to the total excess contributions of all eligible counties remaining after all allocations under subsection (A) and item (1) have been made. Under no circumstances can an allocation under this item result in an eligible county receiving total allocations in excess of what the county contributed to the "C" fund.

    (I)(J)(1) In expending funds pursuant to this section, counties that administer their own "C" funds shall use a procurement system that requires competitive sealed bids, no bid preferences not required by state or federal law, and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under the contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.

       (2) The requirement of a bond for bid security or a bond for payment and performance may not include the requirement that the surety bond be furnished by a particular surety company or through a particular agent or broker.

    (J)(K) State highway bonds may be issued for the completion of projects for which "C" funds may be expended for projects as determined by the county transportation committee. The applicable source for payment of principal and interest on the bonds is the share of "C" fund revenues available for use by the county transportation committee. The application for the bonds must be filed by the county transportation committee with the Commission of the Department of Transportation and the State Treasurer, which shall forward the application to the State Fiscal Accountability Authority. The Department of Transportation review the request and ensure it includes the information and schedules contemplated by Section 57-11-220 and that estimated principal and interest on the proposed bonds may be met from such county's "C" funds, and if it, through the Secretary of Transportation, finds that such request, as submitted or as supplemented by the department, includes the required information, demonstrates that available "C" funds will satisfy estimated principal and interest on the proposed bonds, and does not unreasonably impact the published plans of the Department of Transportation, then it shall submit such request for state highway bonds to the State Fiscal Accountability Authority. The State Fiscal Accountability Authority shall consider the applicationrequest in the same manner that it considers state highway bonds, mutatis mutandis. The county transportation committee shall allocate and apply from its share of "C" fund revenues available for use by the county transportation committee the amount of principal and interest on the state highway bonds.  The department shall provide notice of the debt service requirements of such state highway bonds upon the issuance thereof to the county transportation committee.

    (K)(L) Members of the committee are insulated from all personal liability arising out of matters related directly to and within the scope of the performance of official duties and functions conferred upon the committee pursuant to this section.

    (L)(M) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

    (M)(N) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.  In addition to the members and appointment procedures of the Dorchester County Transportation Committee as provided by this section and subsection, two additional members of the county transportation committee must be appointed from that portion of the Town of Summerville in Dorchester County and that portion of the City of North Charleston in Dorchester County.  These members must be residents of the designated municipalities and of the county, and notwithstanding another provision of this subsection, must be appointed by the governing body of the respective municipality.

    (N)(O) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996 and Section 2, Act 141 of 2001.

    (O)(P) Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the county. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation resolution. The exercise of county transportation committee powers and duties by a county governing body is not deemed to constitute dual office holding.

    (P)(Q) The Department of Transportation shall perform reviews to ensure compliance with subsections (C)(2), (C)(3), (C)(4), (C)(5), (C)(6), (C)(7), (C)(D), (D)(E), (F)(G), and (I)(J). A county failing to comply with these subsections must have all subsequent "C" fund allocations withheld until the requirements of those subsections are met. If a county fails to comply with those subsections within twenty-four months, then the county forfeits fifty percent of its allocations for the following year and the forfeited amount must be divided among the other counties as provided in subsection (A).

    (Q)(R) A county subject to a proposed withholding or forfeiture of "C" fund allocations pursuant to this section must be notified in writing of the department's decision. The county, within sixty days of receipt of notice of the decision, may request a review of the decision by a panel consisting of the state highway engineer or his designee, the chairman of the affected county's transportation committee or his designee, and a third person named by mutual agreement between the state highway engineer and the county transportation committee chairman. The panel shall meet and render a decision within ninety days of the request by the county transportation committee. The decision of the panel may be appealed by requesting a contested case hearing before the Administrative Law Court pursuant to Section 1-23-600 and the rules of procedure for the Administrative Law Court. The request for a hearing must be made within thirty days of receipt of the panel's decision.

    (R)(S) The legislative delegation of the county, by resolution, may rename the county transportation committee established by this section as the (insert name of county) Legislative Delegation transportation committee. Upon the adoption of such a resolution, all references in this section and any other provisions of law to the county transportation committee, for purposes of that county, are deemed references to that county's legislative delegation transportation committee.

    (S) Notwithstanding the provisions of subsection (A), on July 1, 2018, and each July first thereafter until after July 1, 2021, the amount of proceeds of the user fee on gasoline only as levied for in this chapter that must be deposited with the State Treasurer and expended for the purposes of this section must be increased by .3325 cents a gallon, until such time as the total amount equals three and ninety-nine one-hundredths cents a gallon. Any increase in proceeds resulting from the provisions of this subsection must be used exclusively for repairs, maintenance, and improvements to the state highway system.

 

SECTION 21. Section 12-28-2920 of the S.C. Code is amended to read:

 

    Section 12-28-2920.  The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330 Title 57, Chapter 5, Article 9, as well as Section 57-3-205.  No project may be funded in whole or in part by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department, taking into account all funding sources.  The funds derived from tolls must be:

    (1) credited to the State Highway Fund or;

    (2) retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 or 57-3-205 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project;  or

    (2)(3) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.; or

    (4) used to pay for the operation and maintenance costs of the toll project.

    Upon repayment of the cost of construction and financing, toll charges shall cease.

 

SECTION 22. This act takes effect upon approval by the Governor.

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