Pending Legislation
Senate Bill 831: Transportation Council and Planning Responsibilities
Introduced: Senator Larry Grooms (R-37)
Summary: Establishes a coordinating council for transportation and mobility and defines its membership, powers, and responsibilities. The bill also relates to the chief internal auditor and clarifies qualifications and scope of activities. Additionally, the development of a long-range statewide transportation plan is provided for, while the Department of Transportation is deemed responsible for developing the plan. The responsibilities and duties of the deputy secretaries is also relayed.
Design-Build Impact: The bill allows the Department of Transportation to enter into public-private partnership arrangements for transportation projects including design-build agreements. SCDOT will also now be able to use phased design-build contracts as a project delivery method. SCDOT and the design-builder must establish a guaranteed maximum construction cost, which is defined as the final design and construction of the project including the contractor’s direct costs, overhead, and profit, plus any authorized contingency. SCDOT is also authorized to promote the use of the phased design-build method. All these developments will likely end up furthering and increasing the use of design-build when it comes to SCDOT projects and as well as across the state in general.
Last Action: April 2, 2026: The bill is within the SENATE Committee on TRANSPORTATION, where the bill has been reported on favorably with amendment, which the SENATE has adopted on the floor. The bill had a hearing on March 13. The bill was amended once again on the Senate Floor before it was passed from the SENATE to the HOUSE. The bill has been assigned to the HOUSE Committee on WAYS and MEANS. The committee has reported favorably on the bill with amendment. The bill had a hearing on April 3.
Status: In Committee
DBIA Position: Support
DBIA Priority Level: Medium
House Bill 5071: Government and Their Governing Bodies
Introduced: Representative Shannon Erickson (R-124)
Summary: The bill relates to the secretary of the Department of Transportation; provides that the Governor shall appoint the secretary instead of the commission of the Department of Transportation. The bill also deletes the provision that provides that part of the governing body of the Department of Transportation is a seven-member commission. The bill also seeks to address transportation funding, public-private partnerships, toll roads, alternative fuel fees, and various operational and administrative aspects of the state transportation system.
Design-Build Impact: The bill provides the groundwork for SCDOT to implement the phased (progressive) design-build program. The bill stipulates that he department and the phased design-build contractor shall work to establish a guaranteed maximum construction cost and that the contracting of phased design-build will be based exclusively on qualifications and technical approach. The bill also states that a phased design-build contract may be awarded if it is in the public’s interest to use the phased design-build project delivery method; and prequalifies the prime contractor and lead designer firm that will be awarded the contract. Prior to initiating a phased design-build procurement SCDOT must 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. A postcompletion 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 that also includes a cost analysis comparing the use of phased design-build for awarding contracts with the award of contracts under the existing procedure will also be required. This bill will overall advance the use of phased/progressive design-build within the state, while potentially opening the door for other state departments and even private entities to have the ability to engage in phased/progressive design-build in the near future.
Last Action: April 2, 2026: The bill has been introduced and assigned to the HOUSE Committee on WAYS and MEANS. The committee has reported favorably on the bill with amendment. The bill had a hearing on April 3.
Status: In Committee
DBIA Position: Support
DBIA Priority Level: Medium