South Carolina turns to tolls and public-private partnerships

 South Carolina transportation secretary Justin Powell
"Not every project is going to be a P3 project, but we're going to look at it," said Justin Powell, South Carolina's transportation secretary.
South Carolina Department of Transportation

South Carolina may become the latest state to enter the express toll lane boom across the Southeast under a newly inked transportation law that also opens the door to public-private partnerships.

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Republican Gov. Henry McMaster Monday signed into a law a bill that restructures the state's transportation agency while giving broad authority to establish toll lanes and turn to P3s for the managed lane projects or other DOT-owned road or bridge assets.

The ability to enter into transportation P3s "is a big change for South Carolina," said Justin Powell, the state's transportation secretary, speaking Tuesday at The Bond Buyer's Southeast Public Finance conference.

"We're going to look at it case by case, what makes sense for the state and what works for the project," he said. "Not every project is going to be a P3 project, but we're going to look at it."

The first step is setting up a P3 office, Powell said. "So, you'll see a lot more of us in that space."

Limited state funds and growing urban-area congestion have prompted more states to turn to managed lanes, also called express toll lanes or choice lanes — or, by critics, "Lexus Lanes" — where the driver pays a fee to avoid congestion, while those who do not choose to use the lane pay nothing extra but get stuck in traffic.

Managed lanes have evolved from a "boutique subsegment" to the fastest-growing sector in ground transportation due to their effectiveness in addressing congestion relief, Fitch Ratings said in a March report. For facilities operational since 2017 or earlier, median total revenues increased 36% from fiscal year 2019 to 2024, driven by traffic growth and rising toll rates, Fitch said.

In the Southeast, South Carolina joins Georgia, Tennessee, North Carolina and Virginia in creating the lanes. Most of them entered into P3s for the projects.

With its new law, South Carolina will benefit from advances made by its neighboring states, said Omri Gainsburg, partner and chief operating officer, Americas, at Meridiam, which led the consortium behind Georgia's massive SR 400 project as well as other high-profile managed lanes.

"The timing is great as SCDOT will benefit from lessons and innovation gained from other nearby states' procurements as well as increased market capacity," Gainsburg said.

The state's consideration of several potential managed lane corridors signals a "broader program," which "will help encourage stronger commitments from industry," Gainsburg said.

South Carolina is reportedly eyeing choice lanes on Interstate 77, I-526, and I-26 and I-85.

Senate Bill 831 restructures the South Carolina Department of Transportation by abolishing the SCDOT commission, the department's current governing authority, and giving the governor and transportation secretary more oversight.

The law allows the SCDOT to create toll lanes on existing highways and creates a statutory framework for the SCDOT to enter into P3s for planning, building, operating and maintaining the DOT's roads, bridges and other infrastructure, according to the bill's fiscal analysis.

No further legislative approval is needed for the choice lane projects, and the P3 contracts can last 60 years. The bill tasks the legislature's Joint Bond Review Committee with oversight and comment of solicitations prior to advertisements.

The department may also request the issuance of turnpike bonds, according to the fiscal analysis, with principal and interest payable solely out of the turnpike facility revenues.

"It's a big deal," South Carolina Policy Council Research Director Sam Aaron said. "This is one of the biggest changes to road repair other than just increasing funding that we've had in years."

The state, which boasts triple-A ratings from Moody's Investors Service and Fitch Ratings, more than doubled its transportation budget between 2013 to 2025, from $1.4 billion to $3.1 billion, Aaron said.

"We spent $1.7 billion more over the course of a decade to improve the roads, and yet when you look at the reports on national highway statistics, our percentage of roads in acceptable condition was decreasing," he said. "So it's not a money issue per se, it's more how you're actually getting the work done and determining what projects you're focusing on."

Across the U.S., 11 states have existing priced managed lanes: California, Colorado, Florida, Georgia, Maryland, Minnesota, North Carolina, Texas, Utah, Virginia and Washington, according to Robert Poole, co-founder and director of transportation policy at Reason Foundation.

With three choice lane projects lined up under its 2023 P3 law, Tennessee will be the 12th state to implement express toll lanes.

South Carolina is slightly different from the other states as it has no major urban areas facing congestion, Poole said.

"I see South Carolina as a breakthrough because it's not as heavily an urbanized state — this is not the typical state that's done it before," Poole said. "Though obviously there is some congestion in every state that has a strong economy."

Of the 32 managed lanes in the nation currently, 24 are publicly operated and eight are operated through a public private partnership, according to the National Council of State Legislators.

Georgia, whose $12 billion State Road 400 Express Lanes project won The Bond Buyer's Deal of the Year in the P3 category, is now looking ahead to a series of future P3s. That includes the first phase of its massive I-285 East Express Lanes project, which will also be structured as a design-build-operate-finance-maintain revenue-risk P3.

A future phase includes making an existing 285 express lane bidirectional and adding another six to 10 miles, Russell McMurry, commissioner of the Georgia Department of Transportation, said at a recent U.S. Department of Transportation conference on P3s.

Meanwhile, North Carolina's effort to build managed lanes on I-77, a $3.7 billion project that runs to the South Carolina border and sparked that state's interest in matching I-77 toll lanes, recently ran into unexpected headwinds. The Charlotte City Council last week rescinded its support, a move that could derail the long-planned project.

Infrastructure investors have the appetite to meet the "unprecedented" level of managed-lane activity, Meridiam's Gainsburg said.

"The choice lanes model has demonstrated long-term success to both investors and state governments across the country," he said. "For investors, we now have over a decade of experience that shows choice lanes can provide strong financial performance and protection against inflation while remaining resilient to economic shocks."

South Carolina has one toll road: the 16-mile Southern Connector south of Greenville, which opened in 2001. The quasi-public operator of the highway issued $200 million of bonds to finance the road in 1998. After traffic fell well below projections, it defaulted on the bonds and filed for bankruptcy in 2010, forcing a debt restructuring.

South Carolina had another tollway, but the South Carolina DOT removed tolls from the 7.5-mile Cross Island Parkway on Hilton Head Island in 2021, saying the bonds that financed it had been paid off.


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Trends in the Regions South Carolina Public-private partnership Infrastructure Toll revenue bonds
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