Legislation (S.984) to allow counties to continue imposing local service fees resides on the House floor. The bill passed the Senate last month and is an effort to end all uncertainty, and legal chaos since the Supreme Court ruled Greenville’s local road use and public safety fees invalid last year. (Burns V. Greenville County Council)

The bill codifies the elements for local fees established in Brown v. Horry County (1992) and removes the requirement that the fee benefits the payer differently from the general public. It also includes provisions to ensure that counties are not liable for paying out ten times the amount* and safeguards to ensure that counties who immediately repealed fees and increased taxes do not automatically re-impose fees.

The bill now moves to the House floor. We encourage members of the SC House to support passage of S.984. Otherwise, tax increases are imminent in most cases, and these increases will certainly pack a major punch if any of these lawsuits succeed.

*Some attorneys who have filed class-action suits against counties are using an obscure code section they believe entitles the plaintiffs to ten times the fees charged, which would require astronomical payouts in some instances depending on how long the local fees have been in place and how much was collected. 

Members of the Horry County delegation put in an all-out effort to include funding for I-73 in the Senate budget this week.

Republican Senators Luke Rankin, Greg Hembree, and Stephen Goldfinch offered numerous amendments throughout the day on Wednesday to include funding for the first segment of I-73.

Amendments ranged from allocating funds (the Senate reserved for their tax rebate) across infrastructure projects, including I-73, CTC acceleration, bridges, rehabilitation, etc. They also tried to entice Senators with a whole gamut of statewide needs, including raises for state employees, K-12 education, and the pension fund.

Late Wednesday evening, Senator Hembree made one last effort and asked his colleagues to adopt an amendment that would allocate $1 towards the project to give it one last chance during the budget conference committee. That amendment failed by a vote of 31-10.

While none of the amendments were adopted, the delegation’s efforts prompted discussion over the importance of funding infrastructure and the impacts that additional investments could make.

As we have previously reported, Senators incorporated their tax cut/rebate plan into their version of the budget, which left them with less money (approx. $1 billion) than the House when it comes to one-time allocations.

The budget will be returned to the House, and a conference committee will be appointed to reach a compromise on the spending plan in the coming weeks.

The good news is, both the House and Senate included recurring funds to SCDOT to serve as a match for federal dollars coming from the IIJA. These recurring dollars are vital to the continued success of the state’s 10-year plan and are critical for inclusion in the budget this year!

Senators will begin budget deliberations on the floor Tuesday, April 26. The Senate’s version of the FY22-23 budget takes into account the $2 billion income tax reduction/rebate plan* (S.1087), which unanimously passed the Senate last month. Roughly $1 billion of one-time surplus money will be used to cover the rebates included in the plan.

The Senate Finance Committee has included $100 million recurring dollars for SCDOT in their version of the budget. These dollars are critical as they will be used to match federal dollars from the Infrastructure Investment & Jobs Act (IIJA).

The IIJA funds will bolster the state’s 10-year plan by filling gaps in critical areas, including programs to address non-interstate congestion, closed and load-restricted bridges, traffic safety, and much more. There is a 4:1 return ratio on federal dollars – so this is an excellent opportunity to increase the buying power of our state dollars!

Senators also included their plans for the $525 million Savannah River Site (SRS) settlement in the budget. You will recall that they passed legislation (S.956) allocating those funds earlier this year, which included a $131 million allocation to the County Transportation Committees.

A comparison of allocations to transportation infrastructure in the House-passed budget and the Senate Finance plan is illustrated below. 

The House and Senate budgets differ dramatically (not just for transportation but across the board) simply because each has incorporated respective tax plans into their budget proposals.

Remember, the House income tax plan** (H.4880) did not include rebates, so they had more money to work with for one-time allocations.

These pending tax plans will significantly impact the final version of the FY22-23 budget and will likely go hand in hand with budget negotiations between the House and Senate in the coming weeks.

SCFOR appreciates the work of the House and the Senate Finance Committee when it comes to making infrastructure investment a priority this year. SCFOR will continue monitoring budget negotiations and advocating for recurring dollars and one-time funding available to accelerate projects.

 *The Senate tax plan reduces the top income tax rate from 7% to 5.7%, eliminates taxes on military retirement income, reduces industrial/manufacturing property taxes, and provides a one-time rebate for taxpayers. Rebates range from $100 to $700 to every person or married couple who files an income tax return. 

**The House tax plan would condense tax brackets, reduce the 7% top rate to 6.5% and provide a phased-in reduction to 6% thereafter. (Each year, the top income tax rate will go down a tenth of a percent until it reaches 6%. However, if the state doesn’t grow at least 5% each year, those cuts won’t happen.)

A big victory for counties (and taxpayers this week) as legislation (S.984) to allow counties to continue to implement local fees passed the Senate by a vote of 32-7.

The bill’s primary sponsor, Senator Greg Hembree (R-Horry), introduced the bill in response to the Supreme Court decision that ruled Greenville’s local road use and public safety fees invalid last year. The bill codifies the elements for local fees established in Brown v. Horry County (1992) and removes the requirement that the fee benefits the payer differently from the general public.

Senator Hembree and others contend that existing statutes providing counties the authority to impose fees and the Brown case were consistent, but the Supreme Court ruled otherwise. Therefore, it was up to the legislature to clarify and fix.

Since the Supreme Court decision last year, numerous class-action lawsuits have been filed. We appreciate Senator Hembree’s accurate summary of what is going on with these lawsuits: “You’ve got taxpayers, suing taxpayers, to pay taxpayers.”

The revenue impacts would differ in dollars and percentage of the annual budget depending on the county. However, in most cases, the absence of fees would force counties to increase property taxes. In addition to the fiscal impact of the fee’s absence on local road programs, there would also be detrimental effects on budgets should counties be forced to pay out on some of these lawsuits.  

Senator Tom Davis (R-Beaufort) was instrumental in ushering the bill through this week. He chaired the Finance Subcommittee that heard testimony on the bill and fully understands that these local fees help provide vital services. And when it comes to road fees, they cover the cost of everything from minor repairs to helping fund major local projects.

Amendments were adopted to address concerns regarding liability for lawsuits and fears counties that dropped their fees and increased property taxes would re-impose fees.

The bill now moves to the House of Representatives – and needs to pass this year!

There seems to be some confusion that this bill is a green light to raise taxes when in fact, it’s quite the opposite. As we noted, in most cases, the absence of fees would force counties to increase property taxes – and there’s no telling what would need to be done if these class-action lawsuits are successful as the payouts would be astronomical in some cases.  

Secretary of Transportation Christy Hall presented her annual “State of SCDOT” presentation to the Senate Transportation Committee on Wednesday, March 16.

Thanks to the state’s investments in prior years, there is a record level of active road work going on across the state – approximately $3.7 billion. Secretary Hall was quick to praise the private sector industry response to make this work happen and keep projects moving.

Secretary Hall provided an overview of funding mechanisms, citing the importance of the diversity of revenue streams.

The “gas tax” provides the foundation for funding roads in South Carolina, generating approximately $910 million per year. These fees are allocated to the SCDOT, County Transportation Committees (CTCs), and one cent goes to the State Transportation Infrastructure Bank (STIB).

The state is making significant progress on the 10-year plan when it comes to addressing pavements, rural road safety, bridges and interstates. However, there is still much work to be done.

SCDOT anticipates an additional $250 million in federal funding from the Infrastructure Investment & Jobs Act (IIJA) that Congress passed last year. Secretary Hall emphasized the need to be able to utilize these federal dollars and grant opportunities to the fullest extent. In order to do this, the state needs to allocate a minimum of $100 million in recurring dollars to the SCDOT.

The recurring dollars would serve as a match to federal funds and bolster the state’s 10-year plan to help address challenges that current funding levels cannot address, including traffic congestion, bridges, pavements, drainage, and more.

There is a 4:1 return ratio on federal dollars – so this is an excellent opportunity to increase the buying power of our state dollars to address statewide needs.

Recurring dollars will also help put the state in an excellent position to utilize unused federal funds from other states (upwards of $50-$100 million) when they are redistributed in the fall.

Regarding IIJA grant opportunities, Secretary Hall noted that the “Mega Bridge” discretionary grant program would be optimal for South Carolina to apply for, specifically to address two major bridges on I-95. This would be a tremendous opportunity to utilize federal dollars to help replace these aging bridges before they have problems that require them to be closed (which would be a nightmare for commutes and commerce). Applications for these bridge projects would ideally be funded with 65% state funds, with the federal government funding the remaining 35%.

Any one-time funding allocations from the state surplus would be used to accelerate projects in the pipeline, specifically interstates. Currently, legislation in the House and Senate is pending that allocates $453 million of ARPA funds to be used for project acceleration. These dollars will go towards the widening of I-26 between Charleston and Columbia. Other one-time funding allocations could be used to accelerate the widening of I-95 beginning at the Georgia border or building the first segment of I-73.

Several Senators had interests in specific projects or issues in their area; however, each praised the work of the SCDOT for their efforts to put the state’s 2017 investment to work before delving into their specific questions. (Curious as to how those 2017 investments are being spent? Click here to learn more about the trust fund.)

Senate Transportation Committee Chairman Senator Larry Grooms (R-Berkeley) thanked Secretary Hall for her leadership and the work to improve the state’s transportation system. He said in prior years, they have heard that “less means less,” but it seems as if “more means more” when it comes to available resources and ongoing progress.

We couldn’t agree with Senator Grooms more. South Carolina has a tremendous opportunity to utilize federal resources to help meet the needs of our growing state. Pair these federal dollars with an investment at the state level, and South Carolina is in a position to continue to tackle statewide needs and accelerate projects in the pipeline.

The House has already passed their version of the budget, and they invested over half a billion dollars in transportation infrastructure.

As the Senate begins their work on the FY22-23 budget, SCFOR will continue to advocate for one-time funding and, most importantly, recurring funds, which will play a critical role in the continued success of the state’s 10-year plan to keep SC moving forward.

The SC House Ways & Means Committee, chaired by Rep. Murrell Smith (R-Sumter), began full committee work on the FY22-23 appropriations bill this week, ultimately approving recurring and one-time allocations to SCDOT and the County Transportation Committees (CTCs).

Rep. Shannon Erickson (R-Beaufort) chairs the Transportation & Regulatory Subcommittee, which has jurisdiction over SCDOT. She told her colleagues that they were investing to address some of the largest issues of the greatest concern to citizens – our infrastructure.

The Ways & Means Committee adopted the subcommittee’s spending plan, which allocates over half a billion dollars to the SCDOT – pair this with the pending ARPA allocations totaling $453 million – the SCDOT could see an additional $1 billion investment this year.

Of the budget allocations adopted Wednesday, arguably the most critical component is recurring dollars. The committee approved $120 million in recurring funds to serve as the match for the federal dollars coming from the IIJA. As we have said before, recurring dollars are vital to the continued success of the state’s 10-year plan.

In addition to these recurring dollars, one-time boosts are provided for rural interstates ($176.5 million), resiliency studies ($5 million), and CTCs ($250 million). A breakdown of the budget allocations is illustrated below:

SCFOR applauds the House Ways & Means Committee for prioritizing infrastructure and allocating recurring and non-recurring dollars to accelerate projects in the pipeline and keep South Carolina’s long-term plan on track.

This week’s allocation is the first step in a very long process. The House will take the budget up on the floor the week of March 14. And don’t forget, the Senate will have their say on how state dollars should be spent.

Kudos to the House Ways & Means Committee for their work. We look forward to continuing to support infrastructure investments – especially recurring dollars – as the budget process continues.

Passage of Act 40 in 2017 put South Carolina on the road to repair, and progress continues on the state’s 10-year plan. However, our growing state still faces challenges that Act 40 was not intended to address.

Fortunately, the legislature has a unique opportunity to make additional investments this year that will enable South Carolina to accelerate projects and enhance long-term plans to improve our transportation system for all modes and users.

One-time funding allocations can be used to accelerate projects. An immediate boost of funding will allow the state to essentially buy time and advance projects of statewide significance sooner than initially planned.

The SC House and Senate are currently working on allocating the state’s $2.5 billion in American Rescue Plan (ARPA) funding. To date, bills are pending in each chamber to allocate most of the ARPA funds to improve infrastructure across the state, including transportation infrastructure. An overview of the pending recommendations in each chamber is outlined below:

SC House: $1.76 Billion

Funds will be allocated across SCDOT, Rural Infrastructure Authority (RIA), Office of Regulatory Staff (ORS), SC Office of Resiliency (SCOR), and the Department of Administration (DOA).

When it comes to SCDOT, the committee recommends allocating all of the “revenue loss” funds (approximately $453 million) to the agency. These dollars would be placed in a newly created “Transportation Infrastructure Acceleration Account” and used to expedite existing projects in the pipeline.

SC Senate: $1.75 Billion

Funds would be dispersed to the Rural Infrastructure Authority (RIA), Office of Regulatory Staff (ORS) and SCDOT. An overview of the allocations is illustrated below.

When it comes to SCDOT, the committee recommends allocating all of the “revenue loss” funds (approximately $453 million) to the agency. These dollars would be placed in a newly created “Transportation Infrastructure Acceleration Account” and used to expedite existing projects in the pipeline.

SCFOR applauds the work of the House and Senate committees and fully supports the recommendation of allocating approximately $453 million to the SCDOT to advance projects in the pipeline. 

We appreciate the willingness of legislators to make transportation infrastructure a priority. In addition to these one-time allocations, we encourage legislators to consider the need to match the additional federal funding coming to the state through the Infrastructure Investment & Jobs Act (IIJA).

South Carolina will see an additional $250 million annually courtesy of the IIJA. These funds will bolster the state’s 10-year plan by filling gaps in critical areas, including programs to address non-interstate congestion, closed and load-restricted bridges, traffic safety, and much more.

However, in order to make this enhanced 10-year plan a reality, a minimum of $100 million (recurring allocation) is necessary to ensure that the state meets match requirements and does not leave any federal funding on the table.

One-time allocations are much appreciated, and recurring allocations are critical to the continued success of the state’s long-term plan.  SCFOR encourages legislators to provide both one-time and recurring allocations this year to keep South Carolina moving forward.