Bill Text: GA SB200 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2009-05-11 - Effective Date [SB200 Detail]
Download: Georgia-2009-SB200-Introduced.html
Bill Title: Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2009-05-11 - Effective Date [SB200 Detail]
Download: Georgia-2009-SB200-Introduced.html
09 LC
34 2153
Senate
Bill 200
By:
Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas
of the 17th, Hill of the 32nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 32 of the Official Code of Georgia Annotated, relating to highways,
bridges, and ferries, so as to enact the "Transforming Transportation Investment
Act"; to abolish the State Road and Tollway Authority; to create the State
Transportation Agency and the State Transportation Authority; to provide for
short titles; to provide for definitions; to provide for purposes of the
authority; to provide for transition of duties, responsibilities, functions,
powers, and jurisdiction; to provide for membership; to provide for a quorum and
filling of vacancies; to provide for powers of the authority; to provide for
expenditure of funds; to provide for collection of tolls; to provide for air
quality standards within certain geographic areas; to provide for delegation by
the Governor of certain powers to the authority; to provide for developments of
regional impact; to provide for cooperation with the Georgia Rail Passenger
Authority and the Georgia Environmental Facilities Authority; to provide for the
awarding of contracts; to provide for the transfer of property to the authority;
to provide for the disposition of revenue; to provide for liberal construction
of provisions; to provide for a streetcar pilot project; to provide for the
issuance of revenue bonds; to provide for the issuance of guaranteed revenue
bonds; to provide for the disposition of revenue from bonds; to provide for the
replacement of lost bonds; to provide that revenue bonds are not debts of the
State of Georgia; to provide tax exemption for the revenue bonds; to provide
venue for proceedings on bonds; to amend Chapter 32 of Title 50 of the Official
Code of Georgia Annotated, relating to the Georgia Regional Transportation
Authority, so as to abolish said authority; to correct cross-references; to
provide for related matters; to provide for effective dates; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
.1.
This
Act shall be known and may be cited as the "Transforming Transportation
Investment Act."
PART
I
Provisions Applicable
to the
Department of Transportation
and the
State Transportation Board
Provisions Applicable
to the
Department of Transportation
and the
State Transportation Board
SECTION
1-1.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by revising paragraphs (21) and (27) and by adding new
paragraphs (10.1), (26.1), (27.2), and (27.3) in Code Section 32-1-3, relating
to definitions, as follows:
"(10.1)
'Federal Public Transportation Fund' means the fund established in Code Section
32-5-2."
"(21)
'Private road' means a privately owned road or way, including any bridge
thereon, which is only open for the benefit of one or more individuals and not
for the general public. This term also means a road which lies on privately
owned land.
The term does
not include any road or road facility built under the terms of a public-private
partnership agreement with a state agency or any political subdivision of the
state."
"(26.1)
'Secretary of transportation' means the state's chief executive officer for
transportation and shall be the secretary of the State Transportation Authority
selected pursuant to subsection (d) of Code Section
32-12-5."
"(27)
'State agency' means any
authority,
division, department, instrumentality, branch, or other body of the state to
which state governmental functions have been delegated."
"(27.2)
'State Public Transportation Fund' means the fund established Code Section
32-5-20.
(27.3)
'State Transportation Authority' means the authority established in Chapter 12
of this title to plan and coordinate transportation projects in the
state."
SECTION
1-2.
Said
title is further amended in Code Section 32-1-8, relating to construction and
maintenance of private roads, by revising said Code section as
follows:
"32-1-8.
It
shall be unlawful for any official, officer, or employee of the department, the
State Road
and Tollway Authority
Transportation
Authority, the Georgia Highway Authority, or any similar authority or of any
county or municipality to authorize the construction or maintenance of any
private road."
SECTION
1-3.
Said
title is further amended in Code Section 32-2-1, relating to the composition of
the Department of Transportation, by revising said Code section as
follows:
"32-2-1.
The
Department of Transportation shall consist of the
State
Transportation Board, the commissioner of transportation, the deputy
commissioner of transportation, the chief engineer, the treasurer and the
assistant treasurer
commissioner
of transportation, and such subordinate employees as may be deemed necessary by
the commissioner.
The primary
purpose of the department is to provide for maintenance and repairs to the state
highway system. Subject to approval of plans and approval or award of funding
by the State Transportation Agency or the State Transportation Authority by
grant, agreement, or order, the department shall improve, construct, maintain,
or repair the state public highway system. Subject to approval of plans and
approval or award of funding by the State Transportation Agency or the State
Transportation Authority, the department and other state or local entities or
political subdivisions may contract for the department to improve, construct,
maintain, and repair roads and
bridges."
SECTION
1-4.
Said
title is further amended in Code Section 32-2-2, relating to powers and duties
of the Department of Transportation, by revising paragraphs (1), (2), (5), (7),
and (19) of subsection (a) and subsection (b) as follows:
"(1)
Subject to
approval of the State Transportation Authority,
the
The
department
shall plan,
designate,
may
improve, manage,
control,
construct, and maintain a state highway system and
shall
have
control of
and responsibility for
all
certain
construction, maintenance, or
any
other work upon the state highway system and all other work which may be
designated to be done by the department by this title or any other law.
However, on those portions of the state highway system lying within the
corporate limits of any municipality, the department shall be required to
provide only substantial maintenance activities and operations, including but
not limited to reconstruction and major resurfacing, reconstruction of bridges,
erection and maintenance of official department signs, painting of striping and
pavement delineators, furnishing of guardrails and bridge rails, and other major
maintenance activities; and, furthermore, the
department
State
Transportation Authority may by contract
authorize and require any rapid transit authority created by the General
Assembly to plan, design, and construct, at no cost to the
department
authority
and subject to the
department's
authority's
review and approval of design and construction, segments of the state highway
system necessary to replace those portions of the system which the rapid transit
authority and the
department
State
Transportation Authority agree must be
relocated in order to avoid conflicts between the rapid transit authority's
facilities and the state highway system;
(2)
Except for
appropriations to authorize the issuance of general obligation debt for public
road work, or to pay such debt, the department shall be the state agency to
receive and shall have control and supervision of all funds appropriated for
public road work by the state and activities incident thereto from the net
proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph
VI(b) of the Constitution of Georgia and any other funds appropriated or
provided for by law for such purposes or for performing other functions of the
department. If the General Assembly fails to appropriate all of the net
proceeds of the motor fuel tax to the department, to the State of Georgia
General Obligation Debt Sinking Fund, and to counties for public road work and
activities incident thereto, any such unappropriated part of such funds,
exclusive of those proceeds required by law to be provided as grants to counties
for the construction and maintenance of county roads, shall be made available to
the department by the director of the Office of Treasury and Fiscal Services,
notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter
12 of Title 45, the 'Budget Act'
Reserved;"
"(5)
The
department,
subject to approval of the State Transportation
Authority, shall have the authority to
negotiate, let, and enter into contracts with the Georgia Highway Authority, the
State Road
and Tollway Authority
Transportation
Authority, any person, any state agency,
or any county or municipality of the state for the construction or maintenance
of any public road or any other mode of transportation or for the benefit of or
pertaining to the department or its employees in such manner and subject to such
express limitations as may be provided by law;"
"(7)
The
department and the State Road and Tollway Authority shall be the proper agencies
of the state to discharge all duties imposed on the state by any act of Congress
allotting federal funds to be expended for public road and other transportation
purposes in this state.
Upon
delegation or approval by the State Transportation Agency or the State
Transportation Authority, the
The
department shall have the authority to
accept
and use federal funds; to enter into any
contracts or agreements with the United States or its agencies or subdivisions
relating to the planning, financing, construction, improvement, operation, and
maintenance of any public road or other mode or system of transportation; and to
do all things necessary, proper, or expedient to achieve compliance with the
provisions and requirements of all applicable federal-aid acts and programs.
Nothing in this title is intended to conflict with any federal law; and, in case
of such conflict, such portion as may be in conflict with such federal law is
declared of no effect to the extent of the conflict;"
"(19)
Code Sections 32-3-1 and 32-6-115 notwithstanding
and at the
direction of the State Transportation
Authority, the department
may
shall
by contract grant to any rapid transit authority created by the General
Assembly, under such terms and conditions as the department may deem
appropriate, the right to occupy or traverse a portion of the right of way of
any road on the state highway system by or with its mass transportation
facilities.
Furthermore,
at the direction of the State Transportation
Authority, the department
may
shall
by contract lease to the rapid transit authority, under such terms and
conditions as the department may deem appropriate, the right to occupy, operate,
maintain, or traverse by or with its mass transportation facilities any parking
facility constructed by the department. Notwithstanding Code Section 48-2-17,
all net revenue derived from the lease shall be utilized by the department to
offset the cost of constructing any parking facility. Regardless of any
financial expenditures by the rapid transit authority, no right of use or lease
granted under this paragraph shall merge into or become a property interest of
the rapid transit authority. Upon the transfer of the title of the mass
transportation facilities to private ownership or upon the operation of the
rapid transportation facilities for the financial gain of private persons, such
rights granted by the department shall automatically terminate and all rapid
transportation facilities shall be removed from the rights of way of the state
highway system.
(b)
In addition to the powers specifically delegated to it in this title
and so long as
not inconsistent with any powers granted to, or plans adopted by, the State
Transportation Authority, the department
shall have the authority to perform all acts which are necessary, proper, or
incidental to the efficient operation and development of the department and of
the state highway system and of other modes and systems of
transportation;
and this title shall be liberally construed to that
end. Any power vested by law in the
department but not implemented by specific provisions for the exercise thereof
may be executed and carried out by the department in a reasonable manner
pursuant to such rules, regulations, and procedures as the department may adopt
and subject to such limitations as may be provided by law."
SECTION
1-5.
Said
title is further amended in Code Section 32-2-3, relating to development of
transportation plans, by repealing said Code section and designating it as
"Reserved."
SECTION
1-6.
Said
title is further amended in Code Section 32-2-4.1, relating to the Gateway
Center, by revising subsection (a) as follows:
"(a)
Notwithstanding any other provision of law to the contrary, the department may
acquire, construct, operate, and maintain a demonstration safety rest area and
information center in Cobb County. For purposes of this Code section, the
safety rest area and information center shall be known as the 'Gateway Center,'
but the
State
Transportation Board
department
may name or designate the center in its discretion. In addition to the powers
provided in this Code section, cumulatively, the department shall have the same
powers with respect to Gateway Center which the department otherwise enjoys with
respect to safety rest areas, information centers, and welcome
centers.
SECTION
1-7.
Said
title is further amended in Code Section 32-2-5, relating to actions by or
against the department, by revising subsection (b) as follows:
"(b)
All actions brought ex contractu by or against the department shall be brought
in a county where any part of the work is to be or has been performed. All
other actions by or against the department shall be brought in the county in
which the cause of action arose. Service upon the department shall be
sufficient by serving a second original process issued from the county where the
action is filed upon the commissioner personally or by leaving a copy of the
same in the office of the commissioner in
the
Department of Transportation Building,
Atlanta, Georgia."
SECTION
1-8.
Said
title is further amended in Code Section 32-2-6, relating to liability of the
department for actions against counties, by revising subsection (a) as
follows:
"(a)
The department shall defend any action and be responsible for all damages
awarded therein in any court of this state against any county under existing
laws whenever the cause of action accrues on a public road which at the time of
accrual had been designated by the department as a part of the state highway
system; provided, however, that no action may be brought under this Code section
until the construction of the public road on which the injury complained of
occurred has been completed and such public road has been officially opened to
traffic as provided in subsection (b) of this Code section. When any such
action is brought against a county in any court of this state, it shall be the
duty of the plaintiff to provide for service of notice of the pendency of such
action against the county upon the department by providing for service of a
second original process, issued from the court where the action is filed, upon
the commissioner personally or by leaving a copy of the same in the office of
the commissioner in
the
Department of Transportation Building,
Atlanta, Georgia. The service of process
in such action upon the county shall not be perfected until such second original
process has been served as provided in this Code section. The department shall
also have the right and authority to defend, adjust, and settle in the name of
such county and on its behalf any claim for damages for which the department
ultimately may be liable under this Code section."
SECTION
1-9.
Said
title is further amended in Code Section 32-2-20, relating to composition of
board, qualifications of members, terms of office, manner of selection of
members, filling of vacancies, officers, meetings, and compensation of members,
by repealing subsections (d) through (f), which read as follows:
"(d)
The board shall, by majority vote of those members present and voting at regular
sessions, elect from their number a chairman and vice-chairman who shall serve
at the pleasure of the board. In like manner, the board shall also elect a
secretary, who need not necessarily be a member of the board, and who shall also
serve at the pleasure of the board.
(e)
The board shall meet in regular session at least one day each month, at least
nine of which regular sessions are to be held at the headquarters of the
Department of Transportation in Atlanta, and at such other special meetings as
may be called by the commissioner, by the chairman, or by a majority of the
members of the board upon reasonable written notice to all members of the board.
Further, the chairman of the board or the commissioner is authorized from time
to time to call meetings of committees of the board which are established by
board policy; and to require the attendance of a member or members of the board
at places inside or outside the state when, in the opinion of the chairman or
the commissioner, the member or members of the board are needed to attend
properly to the department's business. A majority of the board shall constitute
a quorum for the transaction of all business including election or removal of
the commissioner. Except as otherwise provided in this title, any power of the
board may be exercised by a majority vote of those members present at any
meeting at which there is a quorum.
(f)
The members of the board shall receive no salary but shall receive for each day
of actual attendance at meetings of the board and the committee meetings the per
diem and transportation costs prescribed in Code Section 45-7-21. A like sum
shall be paid for each day actually spent in studying the transportation needs
of the state or attending other functions as a representative of the board, not
to exceed 60 days in any calendar year. In addition, they shall receive actual
transportation costs while traveling by public carrier or the legal mileage rate
for the use of a personal automobile in connection with such attendance and road
study. Such per diem and expense shall be paid from funds appropriated to the
department upon presentation, by members of the board, of vouchers approved by
the chairperson and signed by the secretary."
SECTION
1-10.
Said
title is further amended in Code Section 32-2-21, relating to the powers and
duties of the State Transportation Board, by repealing said Code
section.
SECTION
1-11.
Said
title is further amended in Code Section 32-2-40, relating to the selection of
the commissioner of transportation and the term of office of the commissioner,
by revising subsections (b), (d), and (e) as follows:
"(b)
The commissioner, his
or
her successor, and each succeeding
commissioner thereafter shall be selected by a vote of the majority of the total
number of members of the board. At the time of said vote, the board shall
stipulate the term the commissioner shall serve, and said commissioner shall
serve during the stipulated term and until his
or
her successor is selected by the board and
duly qualified. The board shall stipulate one of the following to be the term
of the commissioner:
(1)
The commissioner shall serve at the pleasure of the board; or
(2)
The commissioner shall serve any term specified by the board up to and including
a maximum of four years; however, the board shall not specify a term of office
that extends beyond the end of the term of the Governor in office at the time
the commissioner's term is scheduled to begin."
"(d)
The commissioner shall qualify, upon selection, by executing a bond in the
amount of $100,000.00 with a corporate surety licensed to do business in this
state and payable to the Governor and his
or
her successors in office, such bond to be
approved by the Governor and conditioned on the faithful discharge of his
or
her duties as commissioner. The premium
of such bond shall be paid from funds of the department.
(e)
The commissioner shall devote full time and attention to the duties and
responsibilities of his
or
her office. No person who serves as
commissioner shall be eligible, except as hereinafter provided in this
subsection, to qualify as a candidate in any primary, special, or general
election for any state or federal elective office nor to hold any such office,
except as hereinafter provided in this subsection, during the time he
or
she serves as commissioner and for a
period of 12 months after the date he
or
she ceases to serve as commissioner.
However, nothing contained in this subsection shall prevent the commissioner
from being appointed to any other office nor disqualify him
or
her from running in any election to
succeed himself
or
herself in any office to which he
or
she was appointed nor to hold such office
in the event he
or
she is elected thereto and otherwise
qualified therefor; provided, however, that the commissioner shall resign as
commissioner of transportation before accepting any such appointive
office."
SECTION
1-12.
Said
title is further amended in Code Section 32-2-41, relating to the powers,
duties, and authority of the commissioner of transportation, by revising
subsection (a) and adding a new subsection as follows:
"(a)
As the chief executive officer of the department, the commissioner shall have
direct and full control of the
department.
He
and
shall possess, exercise, and perform all the duties, powers, and authority which
may be vested in the department by
law, except
those duties, powers, and authority which are expressly reserved by law to the
board. When the board is not in regular or called session, the commissioner
shall perform, exercise, and possess all duties, powers, and authority of the
board except:
(1)
Approval of the advertising of nonnegotiated construction
contracts;
(2)
Approval of authority lease agreements;
(3)
Confirmation or rejection of the recommendation for appointment of the following
department officers: the deputy commissioner; the chief engineer; and the
treasurer and the assistant treasurer of the department; and
(4)
Approval of long-range plans and programs of the department.
The
commissioner shall also have
such
as the authority to exercise the power of
eminent domain and to execute all
contracts,
and
authority lease
agreements,
and all other functions except those that cannot legally be delegated to him by
the board."
"(c)
The commissioner shall perform any transportation duties and implement any
transportation projects or plans delegated or assigned to the commissioner by
the secretary of
transportation."
SECTION
1-13.
Said
title is further amended in Code Section 32-2-41.1, relating to development of a
State-wide Strategic Transportation Plan, by repealing said Code section and
designating it as "Reserved."
SECTION
1-14.
Said
title is further amended in Code Section 32-2-41.2, relating to benchmarks and
value engineering studies to be developed by the commissioner of transportation,
by revising subsections (b) and (d) as follows:
"(b)
The commissioner shall submit an annual report to the Governor,
the
Lieutenant Governor, the Speaker of the House of Representatives,
and
the chairpersons of the House and Senate Transportation
Committees,
and the secretary of transportation
detailing the progress of every construction project valued at $10 million or
more against the benchmarks. This report shall include an analysis explaining
the discrepancies between the benchmarks and actual performance on each project
as well as an explanation for delays. This report shall also be published on
the website of the department."
"(d)
Value engineering studies shall be performed on all projects whose costs exceed
$10 million, and the commissioner shall submit an annual report to the Governor,
the
Lieutenant Governor, the Speaker of the House of Representatives,
and
the chairpersons of the House and Senate Transportation
Committees,
and the secretary of transportation
detailing the amount saved due to the value engineering studies. This report
shall also be published on the website of the department."
SECTION
1-15.
Said
title is further amended in Code Section 32-2-42, relating to the appointment of
a deputy commissioner of transportation, chief engineer, treasurer, and
assistant treasurer, by revising said Code section as follows:
"32-2-42.
(a)
The commissioner shall appoint a deputy commissioner of
transportation,
whose appointment shall be subject to the approval of the
board, to serve at the pleasure of the
commissioner. Before assuming the duties of his
or
her office, the deputy commissioner shall
qualify by giving bond with a corporate surety licensed to do business in this
state, such bond to be in the amount of $100,000.00 and payable to the Governor
and his or
her successors in office. The bond shall
be subject to the approval of the Governor and shall be conditioned on the
faithful discharge of the duties of the office, including any duties of the
office of the commissioner which the deputy commissioner may be required to
perform as acting commissioner. The premium for the bond shall be paid out of
the funds of the department. The deputy commissioner shall be the assistant
commissioner and shall be empowered to act in his
or
her own name for the commissioner. The
deputy commissioner may exercise to the extent permitted by law only such powers
and duties of the commissioner as have been previously assigned to him
or
her in writing by the commissioner. In
the event of the commissioner's temporary incapacity which causes his
or
her absence from the
offices of
the Department of Transportation
Building
in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall
assume all the powers and duties of the commissioner, to be exercised until such
time as the commissioner's temporary absence or incapacity shall cease. In the
event of the commissioner's permanent incapacity, the deputy commissioner shall
become acting commissioner, as provided in subsection (c) of Code Section
32-2-40.
(b)
The commissioner shall appoint a chief
engineer,
whose appointment shall be confirmed or rejected by the board at the next
regular board meeting following his or her
appointment, to serve at the pleasure of
the commissioner. The chief engineer shall be the chief engineer of the
department and shall be a professional engineer registered in accordance with
Chapter 15 of Title 43 and who shall be experienced in highway
engineering.
(c)
The commissioner shall appoint a treasurer of the
department,
whose appointment shall be confirmed or rejected by the board at the next
regular board meeting following his
appointment, to serve at the pleasure of
the
board
commissioner.
Before assuming the duties of his
or
her office, the treasurer shall qualify by
giving bond with a corporate surety licensed to do business in this state, such
bond to be in the amount of $100,000.00 and payable to the Governor and his
or
her successors in office. The bond shall
be subject to the approval of the Governor and shall be conditioned on the
faithful discharge of the duties of the office. The premium for the bond shall
be paid out of the funds of the department. The duties of the treasurer shall
be to receive all funds from all sources to which the department is entitled, to
account for all funds received by the department, and to perform such other
duties as may be required of him
or
her by the commissioner. The commissioner
shall have the authority to appoint an assistant treasurer in the same manner
and under the same conditions as set forth in this subsection for the
appointment of the treasurer, including the qualifying in advance by giving bond
of the same type, amount, and paid for in the same manner as required of the
treasurer. The assistant treasurer shall assume the duties of office of
treasurer upon the incapacity or death of the treasurer and shall serve until a
new treasurer is appointed as provided in this subsection.
(d)
Any provision of this title or of any other statute or of any rule or regulation
to the contrary notwithstanding, the commissioner or the deputy commissioner
may, in addition to serving as commissioner or deputy commissioner, also
simultaneously serve as chief engineer, provided that he or she shall be
appointed
and
confirmed and shall possess the
qualifications as prescribed in subsection (b) of this Code section. A
commissioner or deputy commissioner simultaneously serving as chief engineer
shall be paid for the discharge of all his or her duties the sum to which he or
she is entitled as commissioner or deputy commissioner."
SECTION
1-16.
Said
title is further amended in Code Section 32-2-60, relating to the authority of
the department to contract and the form and content of construction contracts,
by revising subsection (a) and paragraph (1) of subsection (e) as
follows:
"(a)
The
department,
subject to the specific approval of any contract by the State Transportation
Authority, shall have the authority to
contract as set forth in this article and in Code Section 32-2-2. All
department construction contracts shall be in writing. Any contract entered
into by the department for the construction of a public road shall include, as a
cost of the project, provisions for sowing vegetation, if appropriate, on all
banks, fills, cuts, ditches, and other places where soil erosion is likely to
result from the necessary incidents to road work along the right of way of the
road project."
"(e)(1)
When the estimated amount of any department construction contract exceeds $300
million, performance and payment bonds shall be required in the amount of at
least the total amount payable by the terms of the contract unless the
department, after public notice
and a public
meeting, makes a written determination
supported by specific findings that single bonds in such amount are not
reasonably
available,
and the board approves such determination in a public
meeting. In such event, the estimated
value of the construction portion of the contract, excluding right of way
acquisition and engineering, shall be guaranteed by a combination of security
including, but not limited to, the following:
(A)
Payment, performance, surety, cosurety, or excess layer surety
bonds;
(B)
Letters of credit;
(C)
Guarantees of the contractor or its parent companies;
(D)
Obligations of the United States and of its agencies and instrumentalities;
or
(E)
Cash collateral;
provided,
however, that the aggregate total guarantee of the project may not use a
corporate guarantee of more than 35 percent. The combination of such guarantees
shall be determined at the discretion of the
department,
subject to the approval of the board;
provided, however, that such aggregate guarantees shall include not less than
$300 million of performance and payment bonds and shall equal not less than 100
percent of the contractor's obligation under the construction portion of the
contract."
SECTION
1-17.
Said
title is further amended in Code Section 32-2-61, relating to limitations on the
power to contract by the Department of Transportation, by revising subsection
(b) and paragraph (1) of subsection (d) as follows:
"(b)(1)
The
board
department
shall not enter into any lease contract if:
(A)
The aggregates of all lease rentals from that and all other such lease contracts
including the contract or contracts proposed to be entered into exceed
$19,900,000.00 per annum or 15 percent of the funds appropriated to the
department in the fiscal year immediately preceding entering into any such lease
rental contract, whichever is greater; or
(B)
Such lease contract constitutes security for bonds or other obligations issued
by the lessor.
(2)
The execution of any lease contract is prohibited until the General Assembly has
specifically provided funds in an appropriations Act for the payment of at least
one year's rental under such contract.
(3)
The execution of any lease contract is prohibited until the State Transportation
Authority has specifically approved the execution of the lease
contract."
"(d)(1)
The department is prohibited from negotiating any contract for the construction
or maintenance of a public road involving the expenditure of $100,000.00 or more
except any contract:
(A)
With counties, municipalities, and state agencies, provided that such negotiated
contract shall be made at the average bid price of the same kind of work let to
contract after advertisement during a period of 60 days prior to the making of
the contract;
(B)
With a railroad company or utility concerning relocation of its tracks or
facilities where the same are not then located on a public road and such
relocation is necessary as an incident to the construction or improvement of a
public road. However, nothing contained in this subsection shall be construed
as requiring the department to furnish a site or right of way for railroad or
railway lines or tracks or utility facilities required to be removed from a
public road. Furthermore, this subsection shall not prevent the department from
assisting in the removal and relocation of publicly owned utilities from
locations on public roads as provided in Code Section 32-6-170;
(C)
For emergency construction or maintenance involving the expenditure of
$100,000.00 or more when the public interest requires that the work be done
without the delay of advertising for public bids;
(D)
For the procurement of business, professional, or other services from any
person, firm, or corporation as an independent contractor;
or
(E)
With the State
Road and
Tollway
Transportation
Authority;
or.
(F)
Through the provisions of a design-build contract as provided for in Code
Section 32-2-81."
SECTION
1-18.
Said
title is further amended in Code Section 32-2-62, relating to the approval of
advertising of nonnegotiated construction contracts by the State Transportation
Board, by revising said Code section as follows:
"32-2-62.
The
advertising of all nonnegotiated department construction contracts shall have
the prior approval of the
board
commissioner.
When the
board is not in session, the
The
commissioner may
also
approve negotiated construction contracts.
In
determining public roads most in need of work and also the type, class, width,
location, and order of priority of each project, the board shall take into
consideration such factors as the use of the public road in question; the
present need and anticipated development of the area traversed by it; whether or
not it is a school bus or mail route; and its use for agricultural or industrial
purposes. The board shall also take into consideration the information
disclosed by the records required by Code Section 32-4-2 to be maintained by the
department."
SECTION
1-19.
Said
title is further amended in Code Section 32-2-63, relating to the authority of
the commissioner of transportation to execute contracts and lease agreements, by
revising said Code section as follows:
"32-2-63.
The
commissioner shall have full authority to execute contracts and authority lease
agreements on behalf of the department whenever such contracts or agreements
have been approved in accordance with this title
and approved
by the State Transportation
Authority."
SECTION
1-20.
Said
title is further amended in Code Section 32-2-69, relating to awarding of
contracts by the Department of Transportation to the lowest reliable bidder, by
revising subsection (a) as follows:
"(a)
Except as
authorized by Code Sections 32-2-79 and 32-2-80,
the
The
department shall award the contract to the lowest reliable bidder, provided that
the department shall have the right to reject any and all such bids whether such
right is reserved in the public notice or not and, in such case, the department
may readvertise, perform the work itself, or abandon the
project."
SECTION
1-21.
Said
title is further amended in Code Section 32-2-74, relating to the effect of
federal laws and securing the benefits of federal-aid programs, by revising
subsection (b) as follows: "(b)
Upon the
approval of the State Transportation Authority,
the
The
department is authorized to take the necessary steps to secure the full benefit
of the federal-aid program and to meet any contingencies not provided for in
Code Sections 32-2-60 through 32-2-73, abiding at all times by a fundamental
purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as
economically as possible those public roads of Georgia which, under the terms of
Code Sections 32-2-60 through 32-2-73, are most in need of such construction or
work in such a manner as will best promote the interest, welfare, and progress
of the citizens of Georgia."
SECTION
1-22.
Said
title is further amended in Code Section 32-2-75, relating to contract clauses
for the retainage of certain amounts, by revising subsection (a) as
follows:
"(a)
As used in this Code section and Code Sections 32-2-76 and 32-2-77, the
term:
(1)
'Engineer' means the chief engineer or the engineer designated by the Georgia
Highway Authority or the State
Road and
Tollway
Transportation
Authority.
(2)
'Escrow account' means the certificates of deposit issued by a state or national
bank in Georgia and any uninvested cash held in escrow.
(3)
'State' means the Department of Transportation, the Georgia Highway Authority,
or the State
Road and
Tollway
Transportation
Authority.
(4)
'Treasurer' means the treasurer of the Department of Transportation, the
treasurer of the Georgia Highway Authority, or the treasurer of the State
Road and
Tollway
Transportation
Authority."
SECTION
1-22.1.
Said
title is further amended in Code Section 32-2-78, relating to definitions
regarding public-private initiatives, by designating the existing text as
subsection (a) and by adding a new subsection to read as follows:
"(b)
Subject to oversight by the State Transportation Authority, the provisions of
this Code section shall apply to any public-private initiative project that was
being negotiated by the department as of July 1, 2009. The provisions of Code
Section 32-12-31 shall apply to all public-private initiative projects initiated
on or after July 1,
2009."
SECTION
1-22.2.
Said
title is further amended in Code Section 32-2-79, relating to the requirements
for solicited or unsolicited public-private initiatives, by adding a new
subsection to read as follows:
"(q)
Subject to oversight by the State Transportation Authority, the provisions of
this Code section shall apply to any public-private initiative project that was
being negotiated by the department as of July 1, 2009. The provisions of Code
Section 32-12-31 shall apply to all public-private initiative projects initiated
on or after July 1,
2009."
SECTION
1-22.3.
Said
title is further amended in Code Section 32-2-80, relating the authority to
contract with the proposer of a public-private initiative, by adding a new
subsection to read as follows:
"(d)
Subject to oversight by the State Transportation Authority, the provisions of
this Code section shall apply to any public-private initiative project that was
being negotiated by the department as of July 1, 2009. The provisions of Code
Section 32-12-31 shall apply to all public-private initiative projects initiated
on or after July 1,
2009."
SECTION
1-22.4.
Said
title is further amended in Code Section 32-2-81, relating to procedures for
using the design-build procedure by the Department of Transportation, by adding
a new subsection to read as follows:
"(h)
Subject to oversight by the State Transportation Authority, the provisions of
this Code section shall apply to any design-build project that was being
negotiated by the department as of July 1, 2009. The provisions of Code Section
32-12-31 shall apply to all design-build projects initiated on or after July 1,
2009."
SECTION
1-23.
Said
title is further amended in Code Section 32-4-1, relating to the classification
of public roads, by revising paragraph (1) as follows:
"(1)
STATE HIGHWAY
SYSTEM. The state highway system shall
consist of those public roads which on July 1, 1973, are shown by the records of
the department to be 'state-aid roads,' those public roads thereafter designated
by the
department, as
directed by the State Transportation
Authority, as part of the state highway
system, and all of The Dwight D. Eisenhower System of Interstate and Defense
Highways within the state;"
SECTION
1-24.
Said
title is further amended in Code Section 32-4-2, relating to the preparation of
an official map by the Department of Transportation, by revising subparagraph
(a)(2)(A) and subsections (b), (c), (d), and (e) as follows:
"(2)(A)
The department shall prepare an official list of all portions or features of the
state highway system, including without limitation public roads, bridges, or
interchanges, which have been named by Act or resolution of the General Assembly
or by
resolution of the State Transportation
Board. The department shall update the
list to reflect any additions or changes as soon as is reasonably possible; and
such list, as periodically revised, shall be open for public inspection. For
each such named portion or feature of the state highway system, the list shall
specify without limitation the official name; the state highway system route
number; the name of each county and the number of each five-digit postal ZIP
Code area wherein the named portion or feature is located; a citation to the Act
or resolution of the General Assembly
or the
resolution of the State Transportation
Board officially naming such portion or
feature; and a brief biographical, historical, or other relevant description of
the person, place, event, or thing commemorated by such
naming."
"(b)
In accordance
with procedures prescribed by the State Transportation Authority,
the
The
department shall keep written records of the mileage on all public roads on the
state highway system and on all public roads on each of the county road systems.
These written records shall be revised
in accordance
with procedures prescribed by the State Transportation
Authority as soon as is reasonably
possible after any changes to the above public road systems. They shall
indicate whether roads are paved or unpaved and shall contain information as to
the condition, status, type, and use of all such public roads and such other
information as deemed necessary for sound, long-range planning of public road
construction and maintenance. These records shall be made available to each
county and to the public.
(c)
The
department
State
Transportation Authority may provide
reasonable rules and
regulations,
or may require the department to do so,
for keeping accurate and up-to-date, between official measurements, the mileage
record called for in this Code section. Each county shall comply with such
rules and regulations.
(d)
Not more often than every four years, a county may request an official
measurement of its county road system under the rules and regulations of the
department; and the department shall comply with such a request if properly made
in accordance
with procedures prescribed by the State Transportation
Authority. Whenever a mileage measurement
is to be made in any county, whether in response to a request or in the regular
course of measurement for the records of the department, the county shall
furnish a representative to accompany the representatives of the department in
its measurement. In case of disagreement between the department representative
and the county representative as to their findings, the matter shall be referred
to the
commissioner
secretary of
transportation, whose decision as to the
facts thereof shall be final and conclusive. The distribution of the county
grants based on public road mileage of the county road system shall be made on
the basis of the latest official mileage record for each county as shown by
department records at the end of the preceding fiscal year.
(e)
The official record of the state highway system shall consist of an official
map, as provided for in subsection (a) of this Code section, and a written
record, as provided for in subsection (b) of this Code section, the written
record to have priority in case of conflict between the two.
Resolutions
of the board designating a road as part of the state highway system, as provided
for in Code Section 32-4-21, and
certifications
Certifications
of abandonment, as provided for in subsection (a) of Code Section 32-7-2, shall
serve as the official record until such changes are recorded on the official map
and in the written record."
SECTION
1-25.
Said
title is further amended in Code Section 32-4-21, relating to the designation of
roads as part of the state highway system, by revising said Code section as
follows:
"32-4-21.
The
State Transportation Authority may designate a new or existing public road as
part of the state highway system.
Whenever
the board,
or the commissioner
when the
board is not in session, deems it
necessary and in the public interest to have a new or existing public road
designated as part of the state highway system, whether as additional mileage or
as part of a substitution or relocation,
the board,
by resolution, or the commissioner,
by written
notice to the board
in
consultation with and upon the approval of the State Transportation
Authority, may designate such road to be a
part of the state highway system. If the road proposed to be designated is a
part of either a county road system or a municipal street system, the
department
commissioner
shall give written notice to the county or municipality of the effective date
that such road shall become part of the state highway system. Any change on the
state highway system by designation shall be recorded on the official map and in
the written records of the state highway system, as provided for in subsections
(a) and (b) of Code Section 32-4-2."
SECTION
1-26.
Said
title is further amended in Code Section 32-4-22, relating to the creation of
the Developmental Highway System, by revising subsections (b) and (c) as
follows:
"(b)
The location and mileage of the Developmental Highway System shall be as
generally described in subsection (a) of this Code section, with the power of
the State
Transportation Board
department
to make such variances therein as shall
be dictated by sound engineering and construction practices.
(c)
The Developmental Highway System shall be under the
control
and supervision of the
board
department,
subject to the provisions of this Code section or any other Act of the General
Assembly; provided, however, that the State
Road and
Tollway
Transportation
Authority is authorized to construct all
or any part of such system and to enter into agreements with the department
or other
entities, pursuant to Code Section
32-2-61, for such purpose.
Any project
the cost of which is paid from the proceeds of garvee bonds as defined in Code
Section 32-10-90.1 shall be, pursuant to a contract or agreement between the
authority and the department, planned, designed, and constructed by the
Department of Transportation or a contractor contracting with the Department of
Transportation."
SECTION
1-27.
Said
title is further amended in Code Section 32-4-24, relating to the designation of
alternative tourism routes on the state highway system, by revising said Code
section as follows:
"32-4-24.
(a)
The
board
department,
subject to approval by the State Transportation
Authority, shall designate as alternative
tourism routes roads that are a part of the state highway system that traverse
the state and pass through or in close proximity to historic sites or tourist
attractions in the state. Interstate highways that traverse the state shall not
be eligible for designation as an alternative tourism route. The initial
alternative tourism routes shall be U.S. Highway 27 and U.S. Highway
441.
(b)
The
board
department
shall consult with the Department of Economic Development, county governing
authorities, and historical sites and tourist attractions located in this state
in the selection of additional alternative tourism routes. The Department of
Economic Development shall promote such routes and sites and attractions along
such routes to the motoring public.
(c)
Subject to the appropriation process, the department may within five years of
the designation of an alternative tourism route construct within 20 miles of the
state line on each end of such route a welcome center. Subject to the
appropriation process, if the department decides to construct such a center, it
shall negotiate and contract with the local governing authorities where the
welcome center is located for the maintenance and operation of such
center."
SECTION
1-28.
Said
title is further amended in Code Section 32-5-1, relating to receipt of
federal-aid funds by the state, by revising said Code section as
follows:
"32-5-1.
(a)
The director of the Office of Treasury and Fiscal Services is designated
a
the
proper
fiscal
authority and
custodian to receive
any of
the
all
federal-aid funds apportioned by the federal government under 23 U.S.C. and to
receive any other federal funds apportioned to
or otherwise
available for the State of Georgia for
public road and other public transportation purposes, unless designated
otherwise by the federal government and except as such funds may be directed by
the federal government to the State
Road and
Tollway
Transportation
Authority or
its designee, in the authority's own right or as successor to the State Road and
Tollway Authority.
(b)
If any provisions of this chapter are inconsistent with or contrary to any laws,
rules, regulations, or other requirements of the United States Department of
Transportation or other federal agencies, the
Georgia
Department of Transportation
State
Transportation Authority is authorized and
empowered to waive such provisions of this chapter in order to resolve any such
inconsistency or conflict, it being the purpose of this chapter to enable the
department
authority
to comply with any requirement of the federal government in order to procure all
possible federal aid and assistance for the construction or maintenance of the
public roads of Georgia and other public transportation
purposes."
SECTION
1-29.
Said
title is further amended in Code Section 32-5-2, relating to appropriation of
funds to the Department of Transportation, by revising said Code section as
follows:
"32-5-2.
(a)
All federal funds received by the director of the Office of Treasury and Fiscal
Services under Code Section 32-5-1
are
continually appropriated to the department
constitute the
Federal Public Transportation Fund. Unless otherwise required by federal law,
the State Transportation Authority shall be the state entity authorized to apply
for and dispose of, or direct the disposition of, the Federal Public
Transportation Fund. The authority may grant, award, pay, disburse, and
supervise moneys from the Federal Public Transportation Fund
for the
purpose
purposes
specified in the grants of such
funds;
provided, however,
except as
such funds may be directed by the federal government to the State Road and
Tollway Authority, provided that no
federal funds
or funds
appropriated to the department shall be
expended for procurement of rights of way for a road to be constructed on a
county road system except as otherwise provided by law or by agreement between
the federal government and the
department
State
Transportation Authority or with the authority's
approval.
(b)
The State Transportation Agency, in making state public transportation funds
available to the authority or according to the authority's guidance, shall
condition the use of such funds on compliance with the terms of the
appropriation by the General
Assembly."
SECTION
1-30.
Said
title is further amended in Code Section 32-5-20, relating to the State Public
Transportation Fund, by revising said Code section as follows:
"32-5-20.
(a)(1)
As used in this
article
chapter,
the term
'State
Public Transportation Fund'
'motor fuel
funds' means
that money
the expenditures of which are controlled and supervised by the department by
virtue of paragraph (2) of subsection (a) of Code Section
32-2-2
the amount
equal to the net amount derived from motor fuel taxes in each of the immediately
preceding fiscal years appropriated for each fiscal year by Article III, Section
IX, Paragraph VI(b) of the Constitution of Georgia for all activities incident
to providing and maintaining an adequate system of public roads and bridges in
this state and for grants to counties for road construction and maintenance, as
provided by law, and any other funds appropriated or provided for by law for
such purposes except the Federal Public Transportation Fund. The State Public
Transportation Fund includes all motor fuel funds except when, consistent with
the purpose of motor fuel funds: (1) motor fuel funds are appropriated for the
obligation imposed by the second paragraph of Paragraph I(a) of Section VI of
Article IX of the Constitution of 1976; (2) motor fuel funds are appropriated
for authorization or payment of general obligation debt for purposes consistent
with the purpose of motor fuel funds; and (3) motor fuel funds are appropriated
for guaranteed revenue debt.
(2)
If the amount of motor fuel funds appropriated by the Constitution for a fiscal
year as finally calculated differs from the total appropriation of motor fuel
funds by the General Assembly for that fiscal year, the difference, whether an
increase or a decrease, shall be spread among the appropriations from the State
Public Transportation Fund pro rata. Any increase in appropriations shall be
made available to the State Transportation Agency by the director of the Office
of Treasury and Fiscal Services, notwithstanding any provisions to the contrary
in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'
(b)
The State Transportation Agency in accordance with applicable law and
appropriations shall control, grant, award, disburse and supervise the State
Public Transportation Fund.
(c)
Before the beginning of each fiscal year, the authority, the agency, the
department, and the Office of Planning and Budget shall cooperate in
establishing a budget for the department and making arrangements for its receipt
of funds."
SECTION
1-31.
Said
title is further amended in Code Section 32-5-21, relating to priority of
expenditures from the State Public Transportation Fund, by revising said Code
section as follows:
"32-5-21.
(a)
The department shall apply motor fuel funds appropriated to it as required by
law for the following purposes:
Subject to
the restrictions on expenditures imposed by Code Section 32-5-23, the State
Public Transportation Fund shall be expended by the department in the following
order:
(1)
To pay the rentals on lease contracts entered into pursuant to the authority of
the Constitution of Georgia;
and
(2)
To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the
amount of the highest annual debt service requirements for an issue of
guaranteed revenue debt for public road projects
initiated
pursuant to Code Section 32-10-67, upon
its issuance, when the guarantee of the specific issue has been authorized by an
appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of
the Constitution and the appropriation meets the requirements for such debt as
provided by Article VII, Section IV, Paragraph III(b) of the
Constitution;.
(3)
To pay the costs of operating the department and for any emergencies or unusual
situations;
(b)
The department shall apply the funds of the State Public Transportation Fund and
the Federal Public Transportation Fund disbursed, awarded, or otherwise made
available to it in the following order:
(4)(1)
To pay the costs necessary to comply with the conditions of
any
federal-aid apportionments to the
state
department
for the planning, surveying, constructing, paving, and improving of the public
roads in Georgia;
and
(5)
Next, a sum equal to at least 15 percent of the State Public Transportation
Fund, said sum to be used as follows:
(A)
One-third to pay all or part of the costs of the planning, surveying,
constructing, improving, paving, and completing public roads not on the state
highway system;
(B)
One-third to pay all or part of the costs of planning, surveying, constructing,
improving, and paving public roads on the state highway system; and
(C)
The remaining one-third to pay all or part of the costs of planning, surveying,
constructing, reconstructing, paving, and improving the public roads of Georgia
determined by the department to be most in need of such work; and
(6)(2)
After the requirements set out in
the
foregoing provisions of this Code section
have been met, the remainder of the
moneys
allocated from the State Public
Transportation Fund
to
shall
be expended to pay the costs of maintaining, improving, constructing, and
reconstructing the public roads of the state highway system, for maintaining
roads within and leading to state parks, and for constructing public roads by
department forces
and to pay the
costs of operating the department and for any emergencies or unusual situations,
the existence of which is concurred in by the secretary of
transportation."
SECTION
1-32.
Said
title is further amended in Code Section 32-5-22, relating to expenditures from
the State Public Transportation Fund, by revising said Code section as
follows:
"32-5-22.
Expenditures
from the
The
State
Public
Transportation
Fund
Agency, with
the approval of the State Transportation
Authority, may
be
made,
authorize
expenditures from the State Public Transportation
Fund under such conditions as the
department
agency
may provide, for streets, driveways, and parking areas located upon the property
of and serving:
(1)
Public schools;
(2)
Colleges of the university system;
(3)
State agencies and governments of political subdivisions; and
(4)
Hospitals constructed with the assistance of financial grants from the federal
government, authorized by Title 42, Chapter 6A, Subchapter IV, United States
Code, as amended."
SECTION
1-33.
Said
title is further amended in Code Section 32-5-25, relating to use of funds from
the State Public Transportation Fund in regard to acquisition of rights of way,
by revising said Code section as follows:
"32-5-25.
Whenever
property is acquired under subsection (e) of Code Section 32-3-3, all expenses
of the acquisition thereof, including the purchase price and all direct and
consequential damages awarded in any proceeding brought to condemn any such
right of way, shall be paid by the county in which such right of way or portion
thereof is situated. When such right of way or portion thereof lies within the
limits of a municipality, acquisition expenses shall be paid by such
municipality unless the county concerned agrees to procure such right of way on
behalf of the municipality. However, nothing contained in this Code section
shall prevent the department from using the
moneys made
available to it from the State Public
Transportation Fund
or Federal
Public Transportation Fund to acquire such
right of way, to pay any damage awarded on account of the location of any road
that is a part of the state highway system, or to assist a county or
municipality in so doing. Furthermore, nothing in this Code section shall be
construed to authorize an expenditure from the
moneys
allocated from the State Public
Transportation Fund
or Federal
Public Transportation Fund for the
procurement of a right of way for a road to be constructed on a county road
system or municipal street system except as otherwise provided by law or by
agreement between the federal government and the department
subject to
approval by the State Transportation Agency or the State Transportation
Authority."
SECTION
1-34.
Said
title is further amended in Article 3 of Chapter 5, relating to the allocation
of state and federal funds for public roads, by repealing said
article.
SECTION
1-35.
Said
title is further amended in Code Section 32-6-70, relating to state policy
regarding outdoor advertising signs, by revising subsection (b) as
follows:
"(b)
The General Assembly further declares it to be the policy of this state to avert
substantial economic hardship by the retention, in specific areas defined by the
board
department,
upon request made by the Department of Transportation and approved by the United
States Secretary of Transportation, of directional signs, displays, and devices
which were lawfully erected under state law in force at the time of their
erection, which were in existence on May 5, 1976, and which do not conform to
the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and
paragraphs (1) through (3) of Code Section 32-6-73, where it can be demonstrated
that such signs, displays, and devices (1) provide directional information about
goods and services in the specific interest of the traveling public and (2) are
such that removal would work a substantial economic hardship in such defined
area."
SECTION
1-36.
Said
title is further amended in Code Section 32-6-71, relating to definitions
pertaining to outdoor advertising signs, by revising paragraphs (1) and (29) as
follows:
"(1)
'Defined area' means any area or areas within the state defined by the
board
department,
upon request made by the State Department of Transportation and approved by the
United States Secretary of Transportation, to be an area where the removal of
directional signs, displays, and devices which were lawfully erected under state
law in force at the time of their erection, which were in existence on May 5,
1976, and which do not conform to the requirements of paragraphs (1) through (5)
of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73
would deprive the traveling public of directional information about goods and
services in the specific interest of the traveling public and would work a
substantial economic hardship in such defined area or areas."
"(29)
'Zoned commercial or industrial areas' means those areas which are zoned for
industrial or commercial activities pursuant to state or local zoning laws or
ordinances as part of a comprehensive zoning plan. Strip zoning shall not be
considered as a bona fide comprehensive zoning plan. Comprehensive zoning plans
for the purposes of outdoor advertising only shall be approved by the
board
department
when an application for a permit has been made."
SECTION
1-37.
Said
title is further amended in Code Section 32-6-75.2, relating to dedication of
funds to the Roadside Enhancement and Beautification Fund, by revising said Code
section as follows:
"32-6-75.2.
There
is established a special fund to be known as the 'Roadside Enhancement and
Beautification Fund.' This fund shall consist of all moneys collected under
Code Section 32-6-75.3, any appropriations by the General Assembly to the fund,
revenues derived from the sale of any special and distinctive wildflower motor
vehicle license plates issued pursuant to Code Section 40-2-49.2, any
contributions to the fund from any other source, and all interest thereon. All
moneys collected under Code Section 32-6-75.3 and manufacturing fees for any
special and distinctive wildflower motor vehicle license plates shall be paid
into the fund. All balances in the fund shall be deposited in an
interest-bearing account identifying the fund and shall be carried forward each
year so that no part thereof may be deposited in the general treasury. The
department shall administer the fund and expend moneys held in the fund in
furtherance of roadside enhancement and beautification projects along public
roads in this state and administration of the tree and vegetation trimming
permit program under Code Section 32-6-75.3. In addition to the foregoing, the
department may, without limitation, promote and solicit voluntary contributions,
promote the sale of motor vehicle license tags authorized under Code Section
40-2-49.2, and develop any fund raising or other promotional techniques deemed
appropriate by the department. Contributions to the fund shall be deemed
supplemental to and shall in no way supplant funding that would otherwise be
appropriated for these purposes. The department shall prepare, by February 1 of
each year, an accounting of the funds received and expended from the fund. The
report shall be made available to the members of
the State
Transportation Board, the Senate
Transportation Committee, the Transportation Committee of the House of
Representatives, and to members of the public on request."
SECTION
1-38.
Said
title is further amended in Code Section 32-6-76, relating to restrictions on
directional signs, by revising paragraph (11) as follows:
"(11)
Advertises privately owned activities or attractions other than natural
phenomena, scenic attractions, historic, educational, cultural, scientific, and
religious sites, agricultural tourist attractions designated by the Department
of Agriculture, and outdoor recreational areas and which are nationally or
regionally known and are of outstanding interest to the traveling public, as
determined by the
State
Transportation Board
commissioner."
SECTION
1-39.
Said
title is further amended in Code Section 32-6-88, relating to the designation of
defined areas, by revising said Code section as follows:
"32-6-88.
Upon
written request made by any county, city, corporation, partnership, association,
person, or persons, the
board
department
is authorized to consider and to designate a specific area or areas as a defined
area or areas, upon a showing having been made that the area in question
contains directional signs, displays, or devices which were lawfully erected
under state law in force at the time of erection and in existence on May 5,
1976, and which do not conform to the requirements of paragraphs (1) through (6)
of Code Section 32-6-72 and paragraphs (1) through (4) of Code Section 32-6-73,
and upon a further showing that such directional signs, displays, and devices
provide directional information about goods and services in the specific
interest of the traveling public and that their removal would work a substantial
economic hardship in such defined area or areas."
SECTION
1-40.
Said
title is further amended in Code Section 32-6-89, relating to directional signs
in defined areas, by revising said Code section as follows:
"32-6-89.
Upon
designation made by the
board
department
of an area or areas as a defined area or areas for purposes of requesting the
approval of the United States Secretary of Transportation for the retention of
directional signs, displays, and devices in the specific interest of the
traveling public, the
Georgia
Department of Transportation
department
is authorized to request the approval of the United States Secretary of
Transportation."
SECTION
1-41.
Said
title is further amended in Code Section 32-8-2, relating to last resort
replacement housing for displaced persons, by revising said Code section as
follows:
"32-8-2.
The
department shall have the authority, as a last resort, to provide replacement
housing when a federal-aid project financed in whole or in part with federal aid
cannot proceed to actual construction because no comparable replacement sale or
rental housing is available. In carrying out the relocation assistance
activities, the
department,
with prior concurrence of the board, shall
be authorized to make payments, construct or reconstruct with its own forces,
cause to be constructed or reconstructed, and purchase by deed or condemnation
any real property for the purposes of providing replacement housing. The
department may exchange, lease, or sell to the displaced person such replacement
housing. Whenever any real property has been acquired under this Code section
and thereafter the department determines that all or any part of such property
or any interest therein is no longer needed for such purposes because of changed
conditions, the department is authorized to dispose of such property or interest
therein in accordance with subsection (b) of Code Section
32-7-4."
SECTION
1-42.
Said
title is further amended in Code Section 32-8-4, relating to payment of expenses
of persons displaced by projects on the state highway system, by revising said
Code section as follows:
"32-8-4.
The
department is authorized to make or approve payments for all necessary
relocation expenses, replacement housing expenses, relocation advisory services,
expenses incident to the transfer of real property, and litigation expenses as
provided for in subparagraphs (a)(2)(A), (a)(2)(B), and (a)(2)(C) of Code
Section 32-8-1 of any individual, family, business, farm operation, or nonprofit
organization displaced by a state-aid highway project on the state highway
system, the cost of which is now or hereafter financed in whole or in part from
state funds. The department shall be guided by the policies, provisions, and
limitations of the Uniform Act.
The
department shall not implement any relocation assistance on any state-aid
projects on the state highway system without the prior concurrence of the
board."
SECTION
1-43.
Said
title is further amended in Code Section 32-8-5, relating to last resort
replacement housing for persons displaced by projects on the state highway
system, by revising said Code section as follows:
"32-8-5.
The
department shall have the authority, as a last resort, to provide replacement
housing when a state-aid project on the state highway system cannot proceed to
actual construction because no comparable replacement sale or rental housing is
available. In carrying out the relocation assistance activities, the
department,
with prior concurrence of the board, shall
be authorized to make payments, construct or reconstruct with its own forces,
cause to be constructed or reconstructed, and purchase by deed or condemnation
any real property for the purposes of relocating or constructing replacement
housing. The department may exchange, lease, or sell to the displaced person
such replacement housing. Whenever any real property has been acquired under
this Code section and thereafter the department determines that all or any part
of said property or any interest therein is no longer needed for such purposes
because of changed conditions, the department is authorized to dispose of such
property or interest therein in accordance with subsection (b) of Code Section
32-7-4."
SECTION
1-44.
Said
title is further amended in Code Section 32-9-1, relating to financial support
and project grants for mass transportation, by repealing said Code section and
designating it as "Reserved."
SECTION
1-45.
Said
title is further amended in Code Section 32-9-2, relating to operation of mass
transit facilities or systems by the Department of Transportation, by repealing
said Code section and designating it as "Reserved."
SECTION
1-46.
Said
title is further amended in Code Section 32-9-4, relating to designation of
travel lanes by the Department of Transportation, by repealing said Code section
and designating it as "Reserved."
SECTION
1-47.
Said
title is further amended in Code Section 32-9-4.1, relating to the designation
of FlexAuto lanes, by repealing said Code section.
SECTION
1-48.
Said
title is further amended in Code Section 32-9-5, relating to ride-share
programs, by repealing said Code section and designating it as
"Reserved."
SECTION
1-49.
Said
title is further amended in Code Section 32-9-6, relating to financial
assistance for rail service, by repealing said Code section and designating it
as "Reserved."
SECTION
1-50.
Said
title is further amended in Code Section 32-9-10, relating to the implementation
of the federal Intermodal Surface Transportation Efficiency Act of 1991, by
repealing said Code section.
SECTION
1-51.
Said
title is further amended in Code Section 32-9-11, relating to transit services
with local governments, by repealing said Code section.
SECTION
1-52.
Said
title is further amended in Code Section 32-9-12, relating to a pilot program
for funding streetcar projects, by repealing said Code section.
SECTION
1-53.
Said
title is further amended in Code Section 32-10-1, relating to a definitions
relative to the Georgia Highway Authority, by revising paragraph (3) and
subparagraphs (C), (D), and (E) of paragraph (10) as follows:
"(3)
'Board'
means the State Transportation Board or the commissioner of transportation
acting as the chief executive officer of the Department of Transportation; and,
whenever any action is required to be taken, any power is permitted to be
exercised, any approval is to be granted, or any contract is to be executed by
the State Transportation Board, pursuant to any provision of this article, the
same may be taken, exercised, granted, or executed by the commissioner to the
extent permitted by law
Reserved."
"(C)
A continuous length or stretch of urban road, including bridges thereon, as to
which the authority has undertaken or agreed to undertake any action permitted
by the terms of this article or as to which any such action has been completed
by the authority;
and
(D)
One or more bridges, as defined in paragraph (5) of this Code section, together
with the approaches thereto, as defined in paragraph (1) of this Code
section;
and
(E)
A project undertaken pursuant to a public-private initiative as authorized
pursuant to Code Section
32-2-78."
SECTION
1-54.
Said
title is further amended in Code Section 32-10-5, relating to conveyance of
property to the Georgia Highway Authority, by revising subsections (a) and (c)
as follows:
"(a)
The Governor is authorized and empowered to convey to the authority, on behalf
of the state, any real property or interest therein or any rights of way owned
by the state, including property or rights of way acquired in the name of the
department
or
board, which is used at the time, or may
be used upon completion of any action committed to the authority by this
article, as a state road, a county road, or an urban road. The consideration
for such conveyance shall be determined by the Governor and expressed in the
deed of conveyance; however, such consideration shall be nominal, the benefits
flowing to the state and its citizens constituting full and adequate actual
consideration."
"(c)
The board
or its successors and the department
are
is
empowered to acquire, in any manner now permitted to
them
it
by law, and to expend funds available to
them
it
for such acquisition, real property, interests therein, or rights of way which
upon acquisition may be conveyed by the Governor as above-provided to the
authority."
SECTION
1-55.
Said
title is further amended in Code Section 32-10-8, relating to initiation and
selection of projects by the Georgia Highway Authority, by revising said Code
section as follows:
"32-10-8.
(a)
Action by the authority with respect to any project or combination of projects
shall be initiated as follows: The
board
department,
after investigation, shall
by
resolution recommend the undertaking to
the authority with respect to a specific project or a group of projects of any
action permitted by this article and deemed by the
board
department
to be desirable, in the public interest, and consistent with the purposes
provided in subsection (b) of this Code section. The authority shall consider
such request and may by resolution provide for undertaking and financing of all
or any part of such recommended actions but it shall be under no duty to
undertake or finance any of them.
(b)
The
board
department
is authorized to make and to expend any funds available to it for the purpose of
making surveys, studies, and estimates in connection with formulating its
recommendations to the authority; and it is further authorized to prepare,
furnish, and expend its funds for the purpose of preparing all necessary plans
and specifications and furnishing all engineering skill and supervision for any
project or projects with respect to which the authority has undertaken or
contemplates undertaking any action permitted by this article. The department
shall keep an accurate record of such expenses which, if not reimbursed or paid
for by the authority as permitted in subsection (d) of this Code section, shall
be deemed proper and legitimate expenses of the
board
and department.
(c)
The surveys, plans, and specifications for any action taken by the authority
with respect to any project shall be prepared by the department, and the
engineering and construction supervision shall be performed by the department
unless the
board
department
specifically authorizes the authority to do so with its own employees and
agents. In any event, all such plans and specifications shall be approved by
the chief engineer before work is entered upon pursuant to this
subsection.
(d)
The authority may contract to reimburse the department for surveys, studies,
estimates, plans, specifications, furnishing engineering skill and supervision,
and for any other services permitted by this article from the proceeds of any
issue of revenue bonds secured by the rentals of the project or group of
projects with respect to which the services were rendered; and the same shall be
considered as part of the cost of the project.
(e)
In selecting projects pursuant to this Code section, the
board
department
shall locate urban road projects according to a formula which will allocate to
each urban incorporated municipality or urban county, as the case may be, a
project or projects estimated to cost an amount approximately equal to the
percentage of $100 million which 110 percent of the population of such urban
incorporated municipality or which 100 percent of the population of such urban
county, as the case may be, bears to the sum of the total population of all
urban counties plus 110 percent of the total population of all urban
incorporated municipalities except those in urban counties. As used in this
subsection, the term 'population' means the population figures according to the
most recent official United States census. If any urban incorporated
municipality or urban county fails to qualify for one or more of its projects,
the
board
department
shall have full authority to substitute other projects; but such substituted
project shall count in the formula allocation and the urban incorporated
municipality or urban county which failed to qualify shall have a cumulative
credit for the amount of such forfeited project."
SECTION
1-56.
Said
title is further amended in Code Section 32-10-10, relating to payment of
rentals by lessees and enforcement of covenants and obligations, by revising
subsection (a) as follows:
"(a)
The rentals contracted to be paid by lessees to the authority under leases
entered upon pursuant to this article shall constitute obligations of the state
for the payment of which the good faith of the state is pledged. Such rentals
shall be paid as provided in the lease contracts from funds appropriated for
such purposes by the terms of the Constitution of Georgia. It shall be the duty
of the Governor and the
board
department
to see to the punctual payment of all such rentals. In the event of any failure
or refusal on the part of lessees punctually to perform any covenant or
obligation contained in any lease entered upon pursuant to this article, the
authority may enforce performance by any legal or equitable process against
lessees; and consent is given for the institution of any such
action."
SECTION
1-57.
Said
title is further amended in Code Section 32-10-13, relating to composition of
the authority's fund and purposes for which it may be utilized, by revising
paragraph (3) as follows:
"(3)
The construction of any project requested by the
board
department,
the cost of which may amount to a sum less than the accumulated balance of such
fund;"
SECTION
1-58.
Said
title is further amended in Code Section 32-10-43, relating to rights and
remedies of holders of bonds and coupons, by revising said Code section as
follows:
"32-10-43.
Any
holder of bonds or interest coupons issued under this article, any receiver for
such holders, or indenture trustee, if any there be, except to the extent the
rights given in this Code section may be restricted by resolution passed before
the issuance of the bonds or by the trust indenture, may either at law or in
equity, by action, mandamus, or other proceedings protect and enforce any and
all rights under the laws of Georgia or granted in this Code section or under
such resolution or trust indenture. Also, any holder of bonds or interest
coupons issued under this article, any receiver for such holders, or any
indentured trustee may enforce and compel performance of all duties required by
this article or by resolution or trust indenture to be performed by the
authority or any officer thereof, including the fixing, charging, and collecting
of revenues, rents, and other charges for the use of the project or projects;
and, in the event of default of the authority upon the principal and interest
obligations of any bond issue, the individual, receiver, or trustee specified in
this Code section shall be subrogated to each and every right, specifically
including the contract rights of collecting rentals, which the authority may
possess against the
board and
the department
or either
of them or
their
respective
its
successors; and, in the pursuit of
their
its
remedies as subrogee, such individual, receiver, or trustee may proceed, either
at law or in equity, by action, mandamus, or other proceedings to collect any
sums by such proceedings due and owing to the authority and pledged or partially
pledged directly or indirectly to the benefit of the bond issue of which said
individual, receiver, or trustee is representative. No holder of any such bond
or receiver or indenture trustee thereof shall have the right to compel any
exercise of the taxing power of the state to pay any such bond or the interest
thereon or to enforce the payment thereof against any property of the state; nor
shall any such bond constitute a charge, lien, or encumbrance, legal or
equitable, upon the property of the state. However, any provision of this
article or any other law to the contrary notwithstanding, any such bondholder or
receiver or indenture trustee shall have the right by appropriate legal or
equitable proceedings, including without being limited to mandamus, to enforce
compliance by the appropriate public officials with Article VII, Section IV and
Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia; and
permission is given for the institution of any such proceedings to compel the
payment of lease obligations."
SECTION
1-59.
Said
title is further amended in Code Section 32-10-46, relating to protection of the
interests and rights of bondholders, by revising said Code section as
follows:
"32-10-46.
While
any of the bonds issued by the authority remain outstanding, the powers, duties,
or existence of the authority or of its officers, employees, or agents shall not
be diminished or impaired in any manner that will affect adversely the interests
and rights of the holders of such bonds; nor will the state itself in any way
obstruct, prevent, impair, or render impossible the due and faithful performance
by its
board and
the
department,
or either of them, or
their
its
successors,
of all project rental and lease contracts and all the covenants thereof entered
into under this article. This article shall be for the benefit of the state,
the authority, and each and every holder of the authority's bonds and upon and
after the issuance of bonds under this article shall constitute an irrevocable
contract with the holders of such bonds."
SECTION
1-60.
Said
title is further amended in Code Section 32-10-48, relating to the right of the
Georgia Highway Authority to declaratory adjudication of validity and binding
effect of lease contracts, by revising said Code section as
follows:
"32-10-48.
In
and as an integral but independent part of the bond validation proceedings under
this article, or separately, the authority is given the right to and privilege
of a simultaneous or separate right of action or equitable bill against the
state, the
board, and the department for a
declaratory adjudication of the validity and binding effect of all lease
contracts whose rental income may be pledged or partially pledged to the benefit
of any bonds being validated. In each instance of the exercise of this right
the actual controversy shall be whether or not the purported contracts contested
are in all respects good and sufficient, valid, and binding obligations of the
board
and department. Any citizens of the state
may intervene in such actions and assert any ground of objection. It shall be
incumbent upon the
board
and department to defend against an
adjudication of such validity or be forever bound unto the authority and all
succeeding to the rights of the authority thereafter. Such adjudications may be
rendered as an integral but independent part of the judgment upon the validation
issue with which they are contested or may be rendered
separately."
SECTION
1-61.
Said
title is further amended in Chapter 11, relating to the interstate rail
passenger network compact, by repealing said chapter and designating it as
"Reserved."
PART
II
Provisions Repealing the
State Road and Tollway Authority
Provisions Repealing the
State Road and Tollway Authority
SECTION
2-1.
Article
2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating
to the State Road and Tollway Authority, is repealed in its entirety and
designated as "Reserved."
PART
III
Provisions Creating the
State Transportation Agency and
State Transportation Authority
Provisions Creating the
State Transportation Agency and
State Transportation Authority
SECTION
3-1.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by adding two new chapters to read as follows:
"CHAPTER
11A
32-11A-1.
This
chapter shall be known and may be cited as the 'State Transportation Agency
Act.'
32-11A-2.
As
used in this chapter, the term:
(1)
'Agency' means the State Transportation Agency.
(2)
'Authority' means the State Transportation Authority created by Chapter 12 of
this title.
(3)
'Board' means the State Transportation Agency Board.
32-11A-3.
There
is created the State Transportation Agency. The agency shall control, award,
grant, disburse and pay the State Public Transportation Fund in accord with the
appropriations Acts and the allocations and state-wide guidance and policies of
the authority. The agency shall receive all moneys made available to the agency
by the General Assembly or otherwise for purposes of the authority, and the
agency shall disburse such moneys to the authority or otherwise in accord with
the terms of the agency's funding, the allocations of the authority, and
authority's state-wide guidance and policies.
32-11A-4.
(a)
The members of the authority shall constitute the board of the agency and shall
exercise all of the agency's powers and duties when acting in that capacity.
The chairperson and any other such positions established on the board shall be
held by the same members holding such positions on the authority.
(b)
The board shall provide for the holding of regular and special meetings, for
bylaws, and for rules and regulations within its discretion. It shall not be
subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'
in any capacity or activity. The board shall hold at least one regular meeting
during each fiscal year but may hold as many regular meetings during any fiscal
year as may be deemed necessary. The chairperson is authorized to call at any
time a special meeting of the board, provided at least five business days'
advance notice is provided to each member. A majority of the members then in
office shall constitute a quorum for the transaction of any business and for the
exercise of any power, duty, or function of the board; and no vacancy on the
board shall impair the right of a quorum of the members of the board then in
office to transact any business or to exercise any power, duty, or function of
the board. The concurrence of a majority of members present at any meeting of
the board at which a quorum is present shall be sufficient to constitute
official action of the board. All meetings of the board shall be open to the
public except as otherwise provided by state law. Meetings of the board shall
generally be held at the principal office or place of business of the agency but
may be held elsewhere within the state when authorized by the
board.
(d)
When serving in the capacity of members of the board, the members shall receive
compensation and reimbursements in the same manner as they would when serving in
their capacity as members of the authority.
32-11A-5.
The
secretary of transportation shall be the executive director of the agency and
the agency and authority shall provide his or her compensation. Unless
otherwise directed by the board, the secretary of transportation may employ,
terminate, and prescribe duties for employees of the agency and may arrange for
services of employees of the authority. All members of the board and officers
and employees of the agency shall be covered by a fidelity bond or bonds in such
sum or sums and conditioned for such purpose or purposes as the board shall
determine, and the cost thereof shall be paid from funds available to the
agency.
CHAPTER
12
ARTICLE 1
Part 1
ARTICLE 1
Part 1
32-12-1.
This
chapter shall be known and may be cited as the 'State Transportation Authority
Act.'
32-10-60
32-12-2.
As
used in this
article
chapter,
the term:
(1)
'Approach' means that distance on either end of a bridge as shall be required to
develop the maximum traffic capacity of a bridge, including but not limited to
necessary rights of way, grading, paving, minor drainage structures, and such
other construction necessary to the approach.
(2)
'Authority' means the
State
Transportation Authority. This new
authority is a successor to the State Tollway
Authority,
created by
the 'State Tollway Authority Act,' Ga. L. 1953, Jan.-Feb. Sess., p. 302, as
amended particularly by Ga. L. 1972, p. 179, and on and after April 30, 2001,
also means the State Road and Tollway
Authority, and
the Georgia Regional Transportation
Authority.
(3)
'Bridge' means a structure, including the approaches thereto, erected in order
to afford unrestricted vehicular passage over any obstruction in any public
road, including but not limited to rivers, streams, ponds, lakes, bays, ravines,
gullies, railroads, public highways, and canals.
(4)
'Clean Air Act' means the federal Clean Air Act, as amended and codified at 42
U.S.C.A. Sections 7401 to 7671q.
(4)(5)
'Cost of project'
or
'cost' means the cost of construction,
including relocation or adjustments of utilities; the cost of all lands,
properties, rights, easements, and franchises acquired; relocation expenses; the
cost of all machinery and equipment necessary for the operation of the project;
financing charges; interest prior to and during construction and for such a
period of time after completion of construction as shall be deemed necessary to
allow the earnings of the project to become sufficient to meet the requirements
of the bond issue; the cost of engineering, legal expenses, plans and
specifications, and other expenses necessary or incident to determining the
feasibility or practicability of the project; administrative expenses; and such
other expenses as may be necessary or incident to the financing authorized in
this
article
chapter,
the construction of any project, and the placing of the same in operation. Any
obligation or expense incurred for any of the foregoing purposes shall be
regarded as a part of the cost of the project and may be paid or reimbursed as
such out of the proceeds of revenue bonds issued for such project under this
article
chapter.
(6)
'Department' means the Georgia Department of Transportation.
(7)
'Metropolitan planning organization' means the forum for cooperative
transportation decision making for a metropolitan planning area.
(8)
'Metropolitan transportation plan' means the official intermodal transportation
plan that is developed and adopted through the metropolitan transportation
planning process for a metropolitan planning area.
(5)(9)
'Project' means land public transportation systems, including: (A) one or more
roads or bridges or a system of roads, bridges, and tunnels or improvements
thereto included on an approved state-wide transportation improvement program on
the Developmental Highway System as set forth in Code Section 32-4-22, as now or
hereafter amended, or
a
comprehensive transportation plan pursuant to Code Section
32-2-3
included on
the state-wide strategic transportation
plan or which are toll access roads,
bridges, or tunnels, with access limited or unlimited as determined by the
authority, and such buildings, structures, parking areas, appurtenances, and
facilities related thereto, including but not limited to approaches, cross
streets, roads, bridges, tunnels, and avenues of access for such system; and (B)
any program for mass transportation or mass transportation facilities as
approved by the authority
and the
department and such buildings, structures,
parking areas, appurtenances, and facilities related thereto, including, but not
limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of
access for such facilities.
(6)(10)
'Relocation expenses' means all necessary relocation expenses, replacement
housing expenses, relocation advisory services, expenses incident to the
transfer of real property, and litigation expenses of any individual, family,
business, farm operation, or nonprofit organization displaced by authority
projects to the extent authorized by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation
Act Amendments of 1987, Title IV of Public Law 100-17.
(6.1)(11)
'Revenue' or 'revenues' shall mean any and all moneys received from the
collection of tolls authorized by Code Sections
32-10-64
and 32-10-65
32-12-61 and
32-12-62, any federal highway or transit
funds and reimbursements, any other federal highway or transit assistance
received from time to time by the authority, any other moneys of the authority
pledged for such purpose, and any other moneys received by the authority
pursuant
to
from
the Georgia Transportation Infrastructure Bank.
(7)(12)
'Revenue bonds,' 'revenue bond,' 'bonds,' or 'bond' means any bonds, notes,
interim certificates, reimbursement anticipation notes, or other evidences of
indebtedness of the authority authorized by
Part 2 of
this article
Article 2 of
this chapter, including without limitation
obligations issued to refund any of the foregoing.
(8)(13)
'Self-liquidating' means that, in the judgment of the authority, the revenues
and earnings to be derived by the authority from any project or combination of
projects or from any other revenues available to the authority, together with
any maintenance, repair, operational services, funds, rights of way, engineering
services, and any other in-kind services to be received by the authority from
appropriations of the General Assembly, the department, other state agencies or
authorities, the United States government, or any county or municipality, shall
be sufficient to provide for the maintenance, repair, and operation and to pay
the principal and interest of revenue bonds which may be issued for the cost of
such project, projects, or combination of projects.
(14)
'State implementation plan' means the portion or portions of an applicable
implementation plan approved or promulgated, or the most recent revision
thereof, under Sections 110, 301(d), and 175A of the Clean Air Act.
(15)
'State-wide strategic transportation plan' means the official, intermodal,
comprehensive, fiscally constrained transportation plan which includes projects,
programs, and other activities to support implementation of the state's
strategic transportation goals and policies. This plan and the process for
developing the plan shall comply with 23 C.F.R. Section 450.104.
(16)
'State-wide transportation improvement program' means a state-wide prioritized
listing of transportation projects covering a period of four years that is
consistent with the state-wide strategic transportation plan, metropolitan
transportation plans, and transportation improvement programs and required for
multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title
49 U.S.C. Chapter 53.
(17)
'Transportation improvement program' means a prioritized listing of
transportation projects covering a period of four years that is developed and
formally adopted by a metropolitan planning organization as part of the
metropolitan transportation planning process, consistent with the metropolitan
transportation plan, and required for projects to be eligible for funding under
Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.
(9)(18)
'Utility' means any publicly, privately, or cooperatively owned line, facility,
or system for producing, transmitting, transporting, or distributing
communications, power, electricity, light, heat, gas, oil products, passengers,
water, steam, clay, waste, storm water not connected with highway drainage, and
other similar services and commodities, including publicly owned fire and
police, and traffic signals and street lighting systems, which directly or
indirectly serve the public. This term also means a person, municipal
corporation, county, state agency, or public authority which owns or manages a
utility as defined in this paragraph.
32-12-3.
(a)
As used in this Code section, the term:
(1)
'Authority' means the State Transportation Authority established in this
chapter.
(2)
'Transferred authorities' means the Georgia Regional Transportation Authority
set forth in Chapter 32 of Title 50 and the State Road and Tollway Authority set
forth in Article 2 of Chapter 10 of Title 32, as each entity existed as of June
30, 2009.
(b)
Beginning July 1, 2009, all functions, duties, responsibilities, and obligations
of the transferred authorities shall belong to the authority. The authority
shall also succeed to the rights, claims, remedies, securities, and any other
debt or obligation owing to the transferred authorities.
(c)
The authority shall be substituted for the transferred authorities on any bonds,
claims, causes of action, contracts, leases, agreements, or other indebtedness
or obligations of the transferred authorities. Contracts held by the
transferred authorities shall be considered contracts of the authority, and any
rights of renewal, prerogatives, benefits, and rights of enforcement under such
contracts shall also be transferred to the authority.
(d)
All assets, moneys, properties both tangible and intangible, and other valuable
instruments and consideration belonging to the transferred authorities on the
date of transfer shall become the property and assets of the
authority.
(e)
Rules and regulations previously adopted by the transferred authorities shall
remain in full force and effect as rules and regulations of the authority until
amended, repealed, or superseded by action of the authority.
32-10-61
32-12-4.
The
State Tollway Authority shall continue to be a body corporate and politic and an
instrumentality and public corporation of the state known as the 'State Road and
Tollway Authority.' It shall have perpetual existence. In said name it may
contract and be contracted with, sue and be sued, implead and be impleaded, and
complain and defend in all courts of this state, subject to the limitations of
Code Section 32-10-110.
(a)
There is created the State Transportation Authority as a body corporate and
politic, which shall be deemed an instrumentality of the State of Georgia and a
public corporation thereof, for purposes of planning, overseeing transportation
construction, and contracting with state or private entities to implement
construction plans and other transportation projects, and managing or causing to
be managed land transportation, tollways and tolling, public transit, and air
quality within designated areas of this state. The authority shall have the
duties, responsibilities, functions, powers, and authority set forth in this
chapter and otherwise provided by law. The State Transportation Authority is
the successor to the Georgia Regional Transportation Authority and the State
Road and Tollway Authority and shall have the duties, responsibilities,
functions, powers, and authority formerly held by those authorities. The
authority shall have perpetual existence. In said name it may contract and be
contracted with, sue and be sued, implead and be impleaded, and complain and
defend in all courts of this state. Any change in the name or composition of
the authority shall in no way affect the vested rights of any person under this
chapter or impair the obligations of any contracts existing under this
chapter.
(b)
The authority shall be the state's principal agency for developing,
coordinating, administering, and managing transportation policies, planning, and
programs related to design, construction, maintenance, operations, and financing
of transportation and is specifically charged with the responsibility of highway
construction in this state.
(c)
The jurisdiction of the authority shall extend throughout this state with
respect to land transportation, tollways, and public transportation or transit.
The jurisdiction of the authority with respect to air quality standards shall be
as defined in Code Sections 32-12-70 through 32-12-74.
(d)
The authority shall be assigned to the State Transportation Agency for
administrative purposes pursuant to Code Section 50-4-3.
32-10-62
32-12-5.
(a)
The terms of office of the members of the State Road and Tollway Authority and
the Georgia Regional Transportation Authority as of June 30, 2009, shall expire
at midnight on that date. The terms of office of the members of the authority
appointed under the provisions of this Code section shall begin on July 1,
2009.
(b)(a)
The members of the authority shall be ex officio the Governor, the commissioner
of transportation, the director of the Office of Planning and Budget, one
member
The authority
shall be composed of five members to be appointed by the Governor, three
members to be appointed by the Lieutenant
Governor
and to
serve during the term of office of the Lieutenant Governor and until a successor
is duly appointed and qualified, and
one
member
three
members to be appointed by the Speaker of
the House of Representatives
and to
serve during the term of office of the Speaker of the House of Representatives
and until a successor is duly appointed and qualified; and
membership.
The members
appointed by the Lieutenant Governor shall be ratified by the Senate, and the
members appointed by the Speaker of the House of Representatives shall be
ratified by the House of Representatives.
(c)
Members of the authority shall be appointed for a term of four years or until
the individual holding the appointing office shall cease to hold such office,
whichever is less. No member of the authority shall serve for more than two
consecutive terms. Members of the authority shall serve at the pleasure of the
appointing officer.
(d)
Membership on the authority shall be a
separate and distinct duty for which
they
members
shall receive no additional compensation. All members of the authority shall be
entitled to all actual expenses necessarily incurred while in the performance of
duties on behalf of the authority. The authority shall elect one of
its
the
members of the
authority as
chairman
chairperson.
The Governor
shall select the secretary of the authority, who shall be the state's secretary
of transportation and who shall not be an appointed member of the authority and
who shall be responsible for implementing and managing the plans developed by
the authority.
It shall
also elect a secretary and a treasurer, who need not necessarily be members of
the authority. The authority
may
shall
make such bylaws for its government as is deemed necessary
but it is
under no duty to do so.
A majority
of the
Six
members of the authority shall constitute a quorum necessary for the transaction
of business, and a majority vote of those present at any meeting at which there
is a quorum shall be sufficient to do and perform any action permitted to the
authority by this
article
chapter.
(b)(e)
No vacancy on the authority shall impair the right of the quorum to transact any
and all business as stated in this
Code
section
chapter.
Members of the authority shall be accountable as trustees. They shall cause to
be kept adequate books and records of all transactions of the authority,
including books of income and disbursements of every nature. The books and
records shall be inspected and audited by the state auditor at least once a
year.
32-12-6.
(a)
The secretary of transportation shall be the chief executive officer of the
authority who shall execute and implement, at the authority's direction, the
authority's duties as the state's principal agency for developing, coordinating,
administering, and managing transportation policies, planning, and programs
related to design, construction, maintenance, operations, and financing of
transportation. Furthermore, pursuant to the authority's obligations, the
secretary of transportation is specifically charged with the responsibility of
highway construction in this state.
(b)
The secretary of transportation, with the approval of the members of the
authority, shall establish such units within the authority as he or she deems
proper for its administration. The secretary of transportation shall designate
persons to be directors and assistant directors of such units to exercise such
authority as he or she may delegate to them. The secretary of transportation
may employ or delegate deputies or other individuals to oversee the
transportation needs of the state and carry out the duties placed on the
secretary by the authority. Such deputies and other delegated individuals may
include, but shall not be limited to, a deputy for finance, a deputy for
planning, and a deputy for construction and maintenance, who may be the
commissioner of transportation.
(c)
The secretary of transportation shall have the authority to employ as many
persons as he or she deems necessary for the administration of the authority and
for the discharge of the duties of his or her office, and he or she may also
engage available officers, personnel, and resources within the Department of
Transportation to fulfill the purposes of the authority. He or she shall issue
all necessary directions, instructions, orders, and rules applicable to such
persons. He or she shall have authority, as he or she deems proper, to employ,
assign, compensate, and discharge employees of the authority within the
limitations of the restrictions set forth by law.
32-10-63
32-12-7.
(a)
The authority shall have, in addition to any other powers conferred in this
article
chapter,
the following powers:
(1)
To have a seal and alter the same at its pleasure;
(2)
To acquire by purchase, lease, exchange, or otherwise and to hold, lease, and
dispose of real and personal property of every kind and character for its
corporate purposes;
(3)
To appoint such additional officers, who need not be members of the authority,
as the authority deems advisable and to employ such experts, employees, and
agents as may be necessary, in its judgment, to carry on properly the business
of the authority; to fix their
compensation;
and to promote and discharge same;
(4)
To acquire in its own name by purchase, on such terms and conditions and in such
manner as it may deem proper, or by condemnation in accordance with any and all
existing laws applicable to the condemnation of property for public use,
including but not limited to those procedures in Article 1 of Chapter 3 of this
title, real property or rights or easements therein or franchises necessary or
convenient for its corporate purposes; and to use the same so long as its
corporate existence shall continue and to lease or make contracts with respect
to the use of or to dispose of the same in any manner it deems to the best
advantage of the authority, the authority being under no obligation to accept
and pay for any property condemned under this
article
chapter
except from the funds provided under the authority of this
article
chapter;
and, in any proceedings to condemn, such order may be made by the court having
jurisdiction of the action or proceedings as may be just to the authority and to
the owners of the property to be condemned; and no property shall be acquired
under this
article
chapter
upon which any lien or other encumbrance exists unless at the time such property
is so acquired a sufficient sum of money be deposited in trust to pay and redeem
such lien or encumbrance in full;
(5)
To make such contracts, leases, or conveyances as the legitimate and necessary
purposes of this
article
chapter
shall require, including but not limited to contracts for construction or
maintenance of projects, provided that the authority shall consider the possible
economic, social, and environmental effects of each project, and the authority
shall assure that possible adverse economic, social, and environmental effects
relating to any proposed project have been fully considered in developing such
project and that the final decision on the project is made in the best overall
public interest, taking into consideration the need for fast, safe, and
efficient transportation, public services, and the cost of eliminating or
minimizing adverse economic, social, and environmental effects. Furthermore, in
order to assure that adequate consideration is given to economic, social, and
environmental effects of any
tollway
project under consideration, the authority shall:
(A)
For
federal-aid projects, follow
Follow
the processes required for federal-aid highway projects, as determined by the
National Environmental Policy Act of 1969, as amended, except that final
approval of the adequacy of such consideration shall rest with the Governor, as
provided in subparagraph (C) of this paragraph, acting as the chief executive of
the state,
upon recommendation of the commissioner, acting as chief administrative officer
of the Department of
Transportation;
(B)
In the location and design of any project, avoid the taking of or disruption of
existing public parkland or public recreation areas unless there are no prudent
or feasible project location alternates. The determination of prudency and
feasibility shall be the responsibility of the authority as part of the
consideration of the overall public interest;
and
(C)
For
federal-aid projects, not
Not
approve and proceed with acquisition of rights of way and construction of a
project until: (i) there has been held, or there has been offered an opportunity
to hold, a public hearing or public hearings on such project in compliance with
requirements of the Federal-aid Highway Act of 1970, as amended, except that
neither acquisition of right of way nor construction shall be required to cease
on any federal-aid project which has received federal approval pursuant to the
National Environmental Policy Act of 1969, as amended, and is subsequently
determined to be eligible for construction as an authority project utilizing, in
whole or in part, a mix of federal funds and authority funds; and (ii) the
adequacy of environmental considerations has been approved by the Governor, for
which said approval of the environmental considerations may come in the form of
the Governor's acceptance of a federally approved environmental document;
and
(D)
Let by public competitive bid
upon plans
and specifications approved by the chief engineer or his or her
successors all contracts for the
construction of
projects,
unless otherwise expressly authorized pursuant to Code Section
32-12-31;
(6)
To construct, erect, acquire, own, repair, maintain, add to, extend, improve,
operate, and manage projects, as defined in paragraph
(5)(9)
of Code Section
32-10-60
32-12-2,
the cost of any such project to be paid in whole or in part from the proceeds of
revenue bonds of the authority, from other funds available to the authority, or
from any combination of such sources;
(7)
To apply
for,
accept,
and administer any federal highway or federal transit funds and any other
federal highway or transit assistance received from time to time for the State
of Georgia and to accept, with the approval of the Governor, loans and grants,
either or both, of money or materials or property of any kind from the United
States government or the State of Georgia or any political subdivision,
authority, agency, or instrumentality of either of them, upon such terms and
conditions as the United States government or the State of Georgia or such
political subdivision, authority, agency, or instrumentality of either of them
shall impose;
(8)
To borrow money for any of its corporate purposes, to issue negotiable revenue
bonds payable from revenues of such projects, and to provide for the payment of
the same and for the rights of the holders thereof;
(9)
To exercise any power usually possessed by private corporations performing
similar functions, which power is not in conflict with the Constitution and laws
of Georgia;
(10)
To covenant with bondholders for the preparation of annual budgets for each
project and for approval thereof by engineers or other representatives
designated by the bondholders of each project, as may be provided for in any
bond issue resolutions or trust indentures, and to covenant for the employment
of experts or traffic engineers;
(11)
To lease its property to the United States government, the State of Georgia, or
its political subdivisions, including any agency, authority, or instrumentality
of the foregoing governments or political subdivisions, as well as to persons,
public or private, for the construction or operation of facilities of benefit to
the general public;
(12)
By or through its authorized agents or employees, to enter upon any lands,
waters, and premises in the state for the purpose of making surveys, soundings,
drillings, and examinations as the authority may deem necessary or convenient
for the purposes of this
article
chapter;
and such entry shall not be deemed a
trespass.
The authority shall,
however,;
provided, however, the authority shall
make reimbursement for any actual damages resulting from such
activities;
(13)
To make reasonable regulations for the installation, construction, maintenance,
repairs, renewal, and relocation of pipes, mains, conduits, cables, wires,
towers, poles, and other equipment and appliances of any public utility in, on,
along, over, or under any project;
(14)
To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any
property of the authority, including but not limited to real property, fixtures,
personal property, intangible property, revenues, income, charges, fees, or
other funds and to execute any lease, trust indenture, trust agreement,
resolution, agreement for the sale of the authority's bonds, loan agreement,
mortgage, deed to secure debt, trust deed, security agreement, assignment, or
other agreement or instrument as may be necessary or desirable, in the judgment
of the authority, to secure such bonds;
and
(15)
To plan, design, acquire, construct, add to, extend, improve, equip, operate,
and maintain or cause to be operated and maintained land public transportation
systems and other land transportation projects, and all facilities and
appurtenances necessary or beneficial thereto, and to contract with any state,
regional, or local government, authority, or department, or with any private
person, firm, or corporation, for those purposes, and to enter into contracts
and agreements with the Georgia Department of Transportation, county and local
governments, and transit system operators for those purposes;
(16)
To plan, design, acquire, construct, add to, extend, improve, equip, operate,
and maintain or cause to be operated and maintained air quality control
installations, and all facilities and appurtenances necessary or beneficial
thereto, within the geographic area over which the authority has jurisdiction
for such purposes pursuant to this chapter, and to contract with any state,
regional, or local government, authority, or department, or with any private
person, firm, or corporation, for those purposes; provided, however, that where
such air quality control measures are included in an applicable implementation
plan, they shall be approved by the Environmental Protection Division of the
Department of Natural Resources and by the United States Environmental
Protection Agency where necessary to preserve their protected status during any
conformity lapse;
(17)
To review and make recommendations to the Governor concerning all proposed
regional land transportation plans and transportation improvement programs and
to negotiate with the propounder of the plans concerning changes or amendments
to such plans which may be recommended by the authority or the Governor,
consistent with applicable federal law and regulation, and to adopt such
regional plans as all or a portion of its own regional plans;
(18)
To review any transportation projects proposed by the Department of
Transportation and to adopt, remove, or revise such projects as all or a portion
of its own plans consistent with applicable federal law and
regulation;
(19)
To develop and implement the state-wide strategic transportation plan and the
state-wide transportation improvement program and to support the various
transportation improvement programs;
(20)
To develop an annual capital construction project list to be reviewed by the
Governor and submitted to the General Assembly consideration;
(21)
To develop formulas and strategies to ensure the proper distribution of moneys
allocated from the State Public Transportation Fund and the Federal Public
Transportation Fund;
(22)
To allocate funds from the State Public Transportation Fund and the Federal
Public Transportation Fund for use on transportation projects;
(23)
To promulgate rules and regulations necessary to carry out its duties under the
provisions of this title; and
(15)(24)
To do all things necessary or convenient to carry out the powers expressly given
in this
article
title.
(b)
In addition to the above-enumerated general powers, and such other powers as are
set forth in this chapter, the authority shall have the following powers with
respect to special districts created and activated pursuant to this
chapter:
(1)
By resolution, to authorize the provision of land public transportation services
and the institution of air quality control measures within the bounds of such
special districts by local governments within such special districts utilizing
the funding methods authorized by this chapter where the facilities for such
purposes are located wholly within the jurisdiction of such local governments
and such special districts or are the subject of contracts between or among such
local governments and where such services and measures are certified by the
authority to be consistent with the designated metropolitan planning
organizations' regional plans, where applicable;
(2)
By resolution, to authorize the utilization by local governments within such
special districts of the funding mechanisms enumerated in Code Section 50-32-30
to provide funding to defray the cost of land public transportation and air
quality control measures certified and provided pursuant to paragraph (1) of
this subsection;
(3)
By resolution, to authorize the utilization by local governments within such
special districts of the above-enumerated funding mechanisms to assist in
funding those portions of regional land public transportation systems which lie
within and provide service to the territory of such local governments within
special districts; and
(4)
By resolution, to contract with local governments within such special districts
for funding, planning services, and such other services as the authority may
deem necessary and proper to assist such local governments in providing land
public transportation services and instituting air quality control measures
within the bounds of such special districts where the facilities for such
purposes are located wholly within the jurisdiction of such local governments
and such special districts or are the subject of contracts between or among such
local governments, and where such services and measures are certified by the
authority to be consistent with the designated metropolitan planning
organizations' regional plans, where applicable.
(c)
The provision of local government services and the utilization of funding
mechanisms therefor consistent with the terms of this chapter shall not be
subject to the provisions of Chapter 70 of Title 36; provided, however, that the
authority shall, where practicable, provide for coordination and consistency
between the provision of such services pursuant to the terms of this chapter and
the provision of such services pursuant to Chapter 70 of Title 36.
32-12-8.
(a)
The authority shall develop an allocation formula for:
(1)
A state-wide transportation asset management program;
(2)
A state-wide transportation asset improvement program; and
(3)
A local maintenance and improvement grant program.
Funds
from the State Public Transportation Fund and the Federal Public Transportation
Fund shall be allocated by the authority pursuant to such formula as further
defined in subsections (b) through (d) of this Code section and as appropriated
by the General Assembly. Every four years, concurrent with the renewal of the
state-wide strategic transportation plan, the authority shall update the data
used in the allocation formula and shall review the distributional components of
the formula and at such time may amend the formula as necessary to support
implementation of the principles and policies provided in subsections (b) and
(c) of Code Section 32-12-21.
(b)
Funds appropriated for the state-wide transportation asset management program
shall be allocated by the authority pursuant to the long-range state-wide
strategic transportation plan and shall be available for administration,
maintenance, operations, and rehabilitation of infrastructure.
(c)(1)
Funds allocated for the state-wide transportation asset improvement program
shall be allocated by the authority for capital construction projects, which may
include new capacity, expansion of current infrastructure, safety improvements,
or completion of, additions to, and capital improvement of state strategic
corridors and economic development highways, including but not limited to those
identified pursuant to Code Section 32-4-22. Recommendations for appropriation
to the state-wide transportation asset improvement program shall include
considerations of current and future regional population and regional
employment, as well as other factors as may be determined by the authority.
Local funding matches may be required.
(2)
A portion of this recommendation should be a specific itemized and prioritized
project list and such portion shall not exceed 10 percent of the aggregate
allocation from the State Public Transportation Fund and Federal Public
Transportation Fund for such fiscal year. In developing such project list, the
authority may accept project recommendations from the General Assembly and the
Governor and evaluate such recommendations for the projects' adherence to
investment policies set forth in subsection (c) of Code Section 32-12-21. Such
projects shall be prioritized by the authority in accordance with the state-wide
strategic transportation plan. The authority shall submit such capital
construction projects prioritized by the authority to the Governor for
consideration in advance of the legislative session each year. The Governor
shall submit all or a portion of such capital construction project requests
submitted by the authority as part of the Governor's budget recommendations to
the General Assembly. The General Assembly may appropriate funds to any project
on the prioritized project list as provided by the authority.
(3)
In addition to the portion of the state-wide transportation asset improvement
program subject to the 10 percent limitation in paragraph (2) of this
subsection, additional funds from the State Public Transportation Fund and the
Federal Public Transportation Fund may be allocated to the state-wide
transportation asset improvement program that are not subject to specific
project selection.
(4)
For purposes of this subsection, the term 'regional' shall refer to the
geographic boundaries of each region and shall be the same geographic boundaries
of the regional commissions as defined in Article 2 of Chapter 8 of Title
50.
(d)
Funds allocated for the local maintenance and improvement grant program shall
replace funds formerly available under the local assistance road program and
state-aid program and shall be allocated by the authority to local governing
authorities as grants or otherwise according to a funding formula developed by
the authority. Such formula shall include considerations of paved and unpaved
lane miles and vehicle miles traveled and may include population, employment,
and local funding matches available, as well as other factors as may be
determined by the authority. Funds allocated each fiscal year for the local
maintenance and improvement grant program shall not be less than 25 percent of
the net proceeds of motor fuel tax, as provided in Article III, Section IX,
Paragraph VI(b) of the Constitution of Georgia, collected in the previous fiscal
year and deposited in the State Public Transportation Fund and shall only be
used for the purposes available for the proceeds of such tax. Grant funds may
be withheld if adequate roadway standards, accounting practices, or
transportation plans are not followed. Additional allocations to this program
from other funding sources must be allocated subject to the requirements for
usage attached to such funds.
32-10-69
32-12-9.
(a)
The Governor is authorized and empowered to convey to the authority, on behalf
of the state, any real property or interest therein or any rights of way owned
by the state, including property or rights of way acquired in the name of the
department or
board
the State
Transportation Board, which is used at the
time or may, upon completion of any action committed to the authority by this
article
chapter,
be used as a project. The consideration for such conveyance shall be determined
by the Governor and expressed in the deed of conveyance; however, such
consideration shall be nominal, the benefits flowing to the state and its
citizens constituting full and adequate actual consideration, provided that in
the event of the inability of the authority to issue or sell the revenue bonds
required for financing the completion of any given project or projects, then,
subject to the intervening rights of any innocent party, all rights, titles, and
interests so conveyed shall forever revert to the department or agency from
which it came.
(b)
The governing authority of any county or incorporated municipality of this state
is authorized and empowered on behalf of such political subdivision to convey to
the authority any real property or interest therein or any rights of way owned
by such political subdivision, which is used at the time or may, upon completion
of any action committed to the authority by this
article
chapter,
be used as a project if conveyed by a county or incorporated municipality. The
consideration for such conveyance shall be determined by the governing authority
of such political subdivision and expressed in the deed of conveyance. Such
consideration, however, shall be nominal, the benefits flowing to the political
subdivisions and its citizens constituting full and adequate actual
consideration. However, nothing in this subsection shall prevent the authority
from reimbursing a political subdivision, as authorized in Code Section
32-10-70
32-12-10.
(c)
The board
or its successors and the department
are
is
empowered to acquire, in any manner now permitted to them by law, and to expend
funds available to them for such acquisition, real property, interests therein,
or rights of way which upon acquisition may be conveyed by the Governor as
provided in this Code section to the authority.
32-10-70
32-12-10.
All
counties, municipalities, and other political subdivisions of the state and all
public agencies and officers of the state, notwithstanding any contrary
provisions of the law, are authorized and empowered to lease, lend, grant, or
convey to the authority, upon its request and upon such terms and conditions as
the authority and the proper officials of such counties, cities, other political
subdivisions, or public agencies or officials may agree upon as reasonable and
fair, and without necessity for any advertisement, order of court, or other
action or formality other than the regular execution of the proper instrument,
any real or personal property which may be necessary or convenient to the
effectuation of the purpose of this
article
chapter,
including real or personal property devoted to public use.
32-10-72
32-12-11.
All
revenue in excess of all obligations of the authority of any nature, together
with all unused receipts and gifts of every kind and nature whatsoever, shall be
and become the authority fund. The authority, in its discretion, is charged
with the duty of pledging, utilizing, or expending the authority fund for the
following purposes:
(1)
Pledges to the payment of any revenue bond issue requirements, sinking or
reserve funds, as may be provided for under Code Section
32-10-102
32-12-93;
(2)
The payment of any outstanding unpaid revenue bond obligations or administrative
expenses;
(3)
The construction of all or any part of projects, the need for which is concurred
in by the Governor
and the
board;
(4)
The most advantageous obtainable redemptions and retirements of the authority's
bonds pursuant to the prepayment redemption privileges accorded to the authority
upon the various issues of bonds outstanding;
(5)
The most advantageous open market purchase of the authority's bonds that the
authority may accomplish;
and
(6)
Investment in such securities and in such manner as it determines to be in its
best
interest;
and.
(7)
Subject to the terms of any resolution or trust indenture authorizing the
issuance of revenue bonds, the transfer of funds to the department to be used by
the department for department purposes.
32-10-73
32-12-12.
All
moneys received pursuant to the authority of this
article
chapter,
whether as proceeds from the sale of revenue bonds or as revenues, tolls, and
earnings, shall be deemed to be trust funds to be held and applied solely as
provided in this
article
chapter.
The bondholders
or any other
entity paying or entitled to receive the
benefits of such bonds shall have a lien on all such funds until applied as
provided for in any
resolution,
contract, or trust indenture of the
authority.
The preceding
sentence shall not apply to funds from the State Public Transportation Fund,
and, as to funds from the Federal Public Transportation Fund, the preceding
sentence shall apply only to such funds as specifically designated by the
authority.
32-10-74
32-12-13.
This
article
chapter
shall be deemed to provide an additional and alternative method for the doing of
the things authorized thereby and shall be regarded as supplemental and
additional to powers conferred by other laws and shall not be regarded as in
derogation of any powers now existing.
32-10-75
32-12-14.
This
article
chapter,
being for the welfare of the state and its inhabitants, shall be liberally
construed to effect the purposes of this
article
chapter.
32-9-4.
32-12-15.
(a)
The authority
may require the department
is
authorized to designate travel lanes in
each direction of travel on any road in the state highway system for the
exclusive or preferential use of:
(1)
Buses;
(2)
Motorcycles;
(3)
Passenger vehicles occupied by two persons or more;
(4)
Vehicles bearing alternative fueled vehicle license plates issued under Code
Section 40-2-76; or
(5)
Other vehicles as designated by the department.
Where
such designation has been made, the road shall be appropriately marked with such
signs or other roadway markers and markings to inform the traveling public of
the lane restrictions imposed.
(a.1)(b)
Upon approval through either legislative action in the United States Congress or
regulatory action by the United States Department of Transportation to permit
hybrid vehicles with fewer than two occupants to operate in a high occupancy
vehicle lane, the department shall authorize hybrid vehicles, as defined in Code
Section 40-2-76, to use the travel lanes designated for such vehicles as
provided in paragraph (4) of subsection (a) of this Code section.
(b)(c)
No driver of any vehicle not authorized to be operated in a lane designated and
signed for exclusive use shall operate such vehicle in such lane except to
execute turning movements or in an emergency situation. Any person who violates
this subsection shall be guilty of a misdemeanor, punishable as provided for in
Code Section 40-6-54.
(c)(d)
No traffic lane shall be designated and signed for exclusive use pursuant to
subsection (a) of this Code section without the approval of the
State
Transportation Board
authority.
(d)(e)
The authority
may require the department
is
authorized to promulgate necessary rules
and regulations
consistent
with plans of the authority in order to
carry out the purposes of this Code section.
32-9-4.1.
32-12-16.
(a)
As used in this Code section, the term 'FlexAuto lane' means an area designated
as a special lane of travel created by converting emergency lane and hard
shoulder areas on the left or right side of an interstate highway or other road
into a rush hour traffic lane for use by automobiles during certain
hours.
(b)
The authority
may require the
department,
with the approval of the board, is authorized
to designate FlexAuto lanes on the state
highway system for the purpose of improving traffic flow in and around areas
with a history of traffic congestion.
(c)
Any FlexAuto lane shall be appropriately striped and marked and shall have
signage appropriate to indicate its nature, as determined by the department.
The department may incorporate emergency havens, emergency ramps, or emergency
parking pads into the design and creation of FlexAuto lanes, as determined
appropriate by the
department,
with the approval of the
authority.
(d)
The hours of usage of a FlexAuto lane shall be determined by the department,
with the
approval of the authority, not to exceed
eight hours per day.
(e)
It shall be unlawful for any person operating any motor vehicle to use a
FlexAuto lane for purposes of travel other than emergency use outside the
permitted hours of travel use, as determined and posted by the
department,
with the approval of the authority. It
shall be unlawful for any person operating any motor vehicle other than an
automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of
travel other than emergency use at any time.
(f)
Prior to implementing this Code
section,
the department shall, if necessary,
the authority
may require the department to seek to
secure and implement any federal approvals, waivers, or other actions necessary
or appropriate in order to implement this Code section without any loss or
impairment of federal funding.
(g)
FlexAuto lanes shall not be implemented at more than 80 separate locations in
the state until such time as the department has completed a one-year test use of
such lanes.
32-9-5
32-12-17.
Subject
to general appropriations for such purposes, the department, pursuant to its
rules and regulations,
The
authority is authorized, alone or in
cooperation with counties, municipalities, authorities, state agencies, or
private or public entities, to participate in the establishment and operation of
ride-sharing programs. A ride-sharing program is an undertaking designed to
encourage safe and adequate transportation by increasing the number of
person-trips per vehicle, regardless of the type of vehicle.
50-32-20
32-12-18.
(a)
Upon request of the
board of
the authority, the Department of
Transportation and the Department of Natural Resources shall provide to the
authority and its authorized personnel and agents access to all books, records,
and other information resources available to those departments which are not of
a commercial proprietary
nature,
and shall assist the authority in identifying and locating such information
resources. Reimbursement for costs of identification, location, transfer, or
reproduction of such information resources, including personnel costs incurred
by the respective departments for such purposes, shall be made by the authority
to those respective departments.
(b)
The authority may request from time to time, and the Department of
Transportation and the Department of Natural Resources shall provide as
permissible under the Constitution and laws of this state, the assistance of
personnel and the use of facilities, vehicles, aircraft, and equipment of those
departments, and reimbursement for all costs and salaries thereby incurred by
the respective departments shall be made by the authority to those respective
departments.
Part
2
32-2-3
32-12-20.
(a)
As used in this Code section, the term:
(1)
'Comprehensive
plan' means the major transportation facilities described in this Code section
as well as collectors and interconnecting routes within or between standard
metropolitan areas, urban areas, and rural areas.
(2)
'Local governing body' means the governing body of the city, town, municipality,
county, or other local governing unit or authority in the area in which the
major
transportation facility will be located.
(3)(2)
'Major transportation facility' means:
(A)
Any facility primarily designed to transport people or goods rapidly and
efficiently, including but not limited to air transport facilities, railroads,
bus services, terminals, freeways, expressways, arterial highways, belt
highways, and port facilities; or
(B)
Any facility or facilities utilized in providing a mass transit system for a
standard metropolitan area or urban area.
(4)(3)
'Standard metropolitan area' means a county or group of contiguous counties or
parts thereof as designated by the
department
authority
which contains at least one central city of 50,000 inhabitants or more as
determined by the latest available federal census or such other population
estimate as may be provided by law.
(5)(4)
'Transportation corridor' means a strip of land between two termini or central
points within which travel, topography, land uses, environment, and other
characteristics are evaluated for transportation purposes.
(6)(5)
'Urban area' means an area including and adjacent to a municipality and other
urban centers having a population of 5,000 or more as determined by the latest
available federal census or such other population estimates as may be provided
by law within boundaries to be fixed by the
department
authority.
(b)(1)
The
department
authority
in conjunction with the affected local governmental bodies, regional planning
agencies, and other appropriate state and federal agencies shall
develop:
(A)
A
comprehensive,
state-wide, 20 year
state-wide
strategic transportation
plan;
(B)
A
comprehensive
transportation plan for all standard metropolitan areas and those areas which
the
department
authority
determines, based upon population projections, will become a standard
metropolitan area within 20 years, such plan to supplement and be compatible
with the state-wide transportation plan; and
(C)
Comprehensive
Transportation
plans for regions and urban areas as such plans are deemed necessary by the
department
authority.
(2)
Priority for developing
comprehensive
transportation
plans shall be given to areas in which the need for construction of major
transportation facilities is anticipated.
(3)
In developing
comprehensive
transportation plans, the
department
authority
shall take into account:
(A)
Future as well as present needs;
(B)
All possible alternative modes of transportation;
(C)
The joint use of transportation corridors and major transportation facilities
for alternate transportation and community uses;
(D)
The integration of any proposed system into all other types of
major
transportation facilities in the community or region;
(E)
The coordination with other development plans in the community and region so as
to facilitate and synchronize growth; and
(F)
The total environment of the community and region including land use, state and
regional development goals and decisions, population, travel patterns, traffic
control features, ecology, pollution effects, esthetics, safety, and social and
community values.
(c)
In order to ensure an integrated transportation system, the planning, location,
and design of transportation facilities shall be coordinated with the
appropriate planning agencies and the affected local governmental
bodies.
(d)(1)
The
department
authority
may adopt local or regional transportation plans as part of or in lieu of the
department's
authority's
plan.
(2)
The
department
authority
may develop and design plans for arterial and collector roads and streets,
vehicular parking areas, other transportation modes and facilities, and other
support facilities which are consistent with the
department's
authority's
comprehensive
transportation plans. The
department
authority
may render to local governmental bodies or their planning agencies such
technical assistance and services as are necessary so that local plans and
facilities are coordinated with the
department's
authority's
plans and facilities.
(e)
The
department
authority
shall develop systematic techniques for considering those factors to be used in
developing
comprehensive
transportation
plans pursuant to subsection (b) of this Code section so that all
major
transportation facilities are so planned that they will function as integral
parts of the overall plan for community, regional, and state development as
portrayed in the
comprehensive
transportation
plans; and these plans shall be updated at reasonable intervals so as to
maintain a viable plan for a 20 year planning period.
(f)(1)
The
department
authority
shall, pursuant to its rules and regulations, hold planning hearings at the
appropriate state, regional, or local level, at which time the
comprehensive
transportation plans included in subsection (b) of this Code section shall be
presented for discussion and comment.
(2)
The
department
authority
shall, pursuant to its rules and regulations, hold hearings at the appropriate
regional or local level for major transportation facilities, or as required by
federal law, as follows:
(A)
A facility, site, or project corridor hearing, at a time after the selection of
the type or types of transportation facility or facilities to be constructed and
prior to the final selection of the specific site or corridor of the proposed
facility; and
(B)
A design hearing, at a time prior to the
department's
authority's
commitment to a specific design proposal for the facility or
facilities.
(3)
These public hearings shall be conducted so as to provide an opportunity for
effective participation by interested persons in transportation policy
decisions, the process of transportation planning, modal selections, and site
and route selection, and the specific location and design of major
transportation facilities. The various factors involved in the decision or
decisions and any alternative proposals shall be clearly presented so that the
persons attending the hearing may present their views relating to the decision
or decisions which will be made. The facility, site, or project corridor
hearing and the design hearing for a proposed facility or facilities may be held
simultaneously to satisfy the requirements of this subsection.
(4)(A)
The
department
authority
may satisfy the requirements for a public hearing by holding a public hearing or
by publishing two notices of opportunity for public hearing in a newspaper
having general circulation in the vicinity of the proposed undertaking and
holding a public hearing if any written requests for such a hearing are
received. The procedure for requesting a public hearing shall be explained in
the notice. The deadline for submission of such a request may not be less than
21 days after the publication of the first notice of opportunity for public
hearing and no less than 14 days after the date of publication of the second
notice of opportunity for public hearing.
(B)
A copy of the notice of opportunity for public hearing shall be furnished at the
time of publication to the United States Department of Transportation, the
appropriate departments of state government, and affected local governments and
planning agencies. If no requests are received in response to a notice within
the time specified for the submission of requests, the
department
authority
shall be deemed to have met the hearing requirements.
(C)
The opportunity for another public hearing shall be afforded in any case when
proposed locations or designs are changed from those presented in the notices
specified in this paragraph or at a public hearing so as to have a substantially
different transportation service, social, economic, or environmental
effect.
(D)
The opportunity for a public hearing shall be afforded in each case in which the
department
authority
is in doubt as to whether a public hearing is required.
(5)(A)
When a public hearing is to be held, two notices of such hearing shall be
published in a newspaper having general circulation in the vicinity of the
proposed undertaking. The first notice shall be published no less than 30 days
prior to the date of the hearing and the second notice shall be published no
less than five days prior to the date of the hearing.
(B)
Copies of the notice for public hearing shall be mailed to the United States
Department of Transportation, appropriate departments of state government, and
affected local governments and planning agencies.
(g)
All long-range comprehensive transportation plans developed pursuant to this
Code section shall be submitted to the board for its approval or
disapproval.
32-2-41.1
32-12-21.
(a)
On or before
September
1, 2008,
April 1,
2010, the
commissioner
secretary of
transportation shall prepare a
report
draft of the
state-wide strategic transportation plan
for review and
comment by the Governor, the Lieutenant
Governor, the Speaker of the House of Representatives, and the chairpersons of
the Senate Transportation Committee and the House Committee on
Transportation,
respectively, detailing the progress the department has made on preparing a
State-wide Strategic Transportation Plan.
The
commissioner shall deliver a draft of the plan for comments and suggestions by
members of the General Assembly and the Governor on or before January 1, 2009.
Comments and suggestions by the General Assembly and the Governor shall be
submitted to the commissioner no later than February 15,
2009. This plan shall include
the state
transportation improvement program and
the various
transportation improvement programs and a
list of projects realistically expected to begin construction within the next
five
four
years, the cost of such projects, and the source of funds for such projects.
The plan shall also detail how the listed projects will help to
mitigate
congestion, improve air quality, improve public safety, increase mobility, and
encourage economic development
meet the
principles set forth in subsection (b) of this Code
section. The final version of the
State-wide
Strategic Transportation Plan
state-wide
strategic transportation plan shall be
completed by
June 30,
2009
January 15,
2011, and shall be delivered to the
Governor, the Lieutenant Governor, the Speaker of the House of Representatives,
and the chairpersons of the Senate Transportation Committee and the House
Committee on Transportation on or before that date.
An updated
version of the State-wide Strategic Transportation Plan shall be prepared and
delivered annually thereafter.
The state-wide
strategic transportation plan shall be reviewed every four years thereafter and
may be revised or updated to comply with principles and policies provided in
this Code section. The authority shall review and update, if necessary, the
state transportation improvement program at least every two years, including
collaboration with metropolitan planning organizations on updating the various
transportation improvement programs.
(b)
The General Assembly finds that the following principles provide general
guidance when Georgians contemplate reasonable development of the transportation
system in this state: economic development, growth, and competitiveness;
improved safety and security; maximized value of transportation assets;
environmental stewardship; innovative delivery of projects and services; and
consideration for equity.
(c)
The authority shall develop and abide by investment policies
considering:
(1)
Growth in private-sector employment, development of work force, and improved
access to jobs;
(2)
Reduction in traffic congestion;
(3)
Improved efficiency and reliability of commutes in major metropolitan
areas;
(4)
Efficiency of freight, cargo, and goods movement;
(5)
Coordination of transportation investment with development patterns in major
metropolitan areas;
(6)
Market driven travel demand management;
(7)
Optimized capital asset management;
(8)
Reduction in accidents resulting in injury and loss of life;
(9)
Border-to-border and interregional connectivity; and
(10)
Support for local connectivity to the state-wide transportation
network.
(d)
The investment policies in subsection (c) of this Code section shall guide the
development of the allocation formula provided for under Code Section 32-12-8
and shall expire on April 15, 2012, and every four years thereafter unless
amended or renewed.
(b)(e)
The report and plan prepared under subsection (a) of this Code section shall
also be published on the website of the
department
authority.
Every six months the authority shall report to the Governor, General Assembly,
and metropolitan planning organizations on the progress achieved in completing
projects and on the performance of the transportation network in accordance with
the principles and policies provided in this Code
section.
Part
3
32-12-31.
(a)
The General Assembly finds that private sector participation in all stages of
project development, including but not limited to design, finance, construction,
operations, and maintenance, has the ability to yield public benefits such as
expedited project completion, innovative design, customer service, public
safety, and lower overall project construction and maintenance
costs.
(b)
The secretary of transportation may evaluate proposed projects and recommend to
the authority whether to fund a project using federal, state, or local funds;
user fees; tolls; private financing; or any combination of the foregoing. The
authority shall promulgate rules and regulations establishing procedures for
public-private partnerships in a manner consistent with the policies provided in
subsection (c) of Code Section 32-12-21.
(c)
Unless expressly authorized by an authority rule or regulation relating to
alternative procedures for letting contracts, including but not limited to
public-private partnerships identified in subsection (b) of this Code section,
all contracts shall be let to the reliable bidder submitting the lowest sealed
bid.
(d)
The authority may require the department to implement a project in accordance
with the department's procedures for letting contracts, and the department may
be an eligible bidder on projects that the authority does not require the
department to implement.
Part
4
32-9-1
32-12-40.
(a)
As used in this Code section, the term:
(1)
'Mass transportation' means all modes of transportation serving the general
public which are appropriate, in the judgment of the
department
authority,
to transport people, commodities, or freight by highways, rail, air, water, or
other conveyance, exclusive of wires and pipelines.
(2)
'Mass transportation facilities' means everything necessary for the conveyance
and convenience of passengers and the safe and prompt transportation of freight
on those modes of transportation serving the general public which are
appropriate, in the judgment of the
department
authority,
to transport people, commodities, or freight by highways, rail, air, water, or
other conveyance, exclusive of wires and pipelines.
(3)
'Project grant' means the state's share of the cost of carrying out a particular
project authorized by this Code section. This share may be provided in direct
financial support, goods or products, personnel services, or any combination
thereof.
(b)
Subject to general fund appropriations for such purposes and any provisions of
Chapter 5 of this title to the contrary notwithstanding, the
department
authority
is authorized, within the limitations provided in paragraphs (1) and (2) of this
subsection, to provide to municipalities, counties, regional commissions,
authorities, state agencies, and public and private mass transportation
operators:
(1)
Financial support for research concerning mass transportation, by contract or
otherwise; and
(2)
Project grants to supplement federal, local, or federal and local funds for
use:
(A)
In providing for studies, analyses, and planning and development of programs for
mass transportation service and facilities;
(B)
In providing for research, development, and demonstration projects in all phases
of mass transportation;
(C)
In providing for programs designed solely to advertise, promote, and stimulate
the development and use of mass transportation facilities; and
(D)
In providing for the purchase of facilities and equipment, including rolling
stock, used or to be used for the purpose of mass transportation.
(c)(1)
The governing bodies of municipalities, counties, regional commissions,
other
authorities, state agencies, and public and private mass transportation
operators may, by formal resolution, apply to the
department
authority
for financial support and project grants provided by this Code
section.
(2)
The use of funds or grants shall be for the purposes set forth in this Code
section and, without limiting the generality of the foregoing, may be used for
local contributions required by the federal Urban Mass Transportation Act of
1964, as amended, or any other federal law concerning mass
transportation.
(3)
The
department
authority
shall review the proposal and, if satisfied that the proposal is in accordance
with the purposes of this Code section, may, with the approval of the
commissioner
secretary of
transportation, enter into a financial
support or project grant agreement subject to the condition that the financial
support or project grant be used in accordance with the terms of the
proposal.
(4)
The time of payment of the financial support or project grant and any conditions
concerning such payment shall be set forth in the financial support or project
grant agreement.
(d)
In order to effectuate and enforce this Code section, the
department
authority
is authorized to promulgate necessary rules and regulations and to prescribe
conditions and procedures in order to assure compliance in carrying out the
purposes for which financial support and project grants may be made in
accordance with this Code section.
(e)
The
department
authority
is directed to administer this program with such flexibility as to permit full
cooperation between federal, state, and local governments, agencies, and
instrumentalities so as to result in an effective and economical
program.
(f)
Funds appropriated
to the
department pursuant to Article III,
Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized
for any of the purposes set out in this Code section.
(g)
No financial support or project grant provided for in this Code section may be
made to any private mass transportation operator without prior concurrence of
the State
Transportation Board
authority.
32-9-2
32-12-41.
(a)
As used in this Code section, the term:
(1)
'Capital project' has the same meaning as in 49 U.S.C.A. Section
5302(a)(1).
(2)
'Construction' means the supervising, inspecting, actual building, and all
expenses incidental to the acquisition, actual building, or reconstruction of
facilities and equipment for use in mass transportation, including designing,
engineering, locating, surveying, mapping, and acquisition of rights of
way.
(3)
'Mass transportation' means all modes of transportation serving the general
public which are appropriate, in the judgment of the
department
authority,
to transport people, commodities, or freight by highways, rail, air, water, or
other conveyance, exclusive of wires and pipelines.
(b)
Subject to general appropriations for such purposes, the
department
authority
may, alone or in cooperation with counties, municipalities,
other
authorities, state agencies, or private or public transit companies, plan,
develop, supervise, support, own, lease, maintain, and operate mass
transportation facilities or systems.
(c)(1)
The
department
authority
may, when funds are available from the United States government for such
purposes, provide assistance to the operators of mass transportation systems or
to the owners of facilities used in connection therewith for the payment of
operating expenses to improve or to continue such mass transportation service by
operation, lease, contract, or otherwise.
(2)
The
department
authority
may, when funds are available from the United States government for such
purposes, participate in the acquisition, construction, and improvement of
facilities and equipment, including capital projects, for use, by operation or
lease or otherwise, in mass transportation service.
(3)
The
department's
authority's
participation with state funds in those programs specified in paragraphs (1) and
(2) of this subsection may be in either cash, products, or in-kind services.
The
department's
authority's
participation with state funds shall be limited to a maximum of 15 percent of
the cost of the program. The remainder shall be provided from sources other
than
department
authority
funds or from revenues from the operation of public mass transportation
systems.
(d)
The department shall not enter into any contract with any private entity for the
purposes set out in subsections (b) and (c) of this Code section without the
prior concurrence of the State Transportation Board.
(e)(d)
Funds appropriated
to the
department pursuant to Article III,
Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized
for any of the purposes set out in this Code section.
(f)(e)
In order to effectuate and enforce this Code section, the
department
authority
is authorized to promulgate necessary rules and regulations and to prescribe
conditions and procedures in order to assure compliance in carrying out the
purposes of this Code section.
(g)(f)
The
department
authority
shall not be authorized, without the concurrence of the Metropolitan Atlanta
Rapid Transit Authority, to receive federal financial assistance to provide mass
transportation services or facilities that will duplicate those mass
transportation services or facilities provided or to be provided by the
Metropolitan Atlanta Rapid Transit Authority, within the City of Atlanta and
Fulton and DeKalb counties, as a part of its rapid transit system, including the
use of buses as well as a rail system, as that system is described in an
engineering report, dated September 1971, prepared for the Metropolitan Atlanta
Rapid Transit Authority by Parsons-Brinckerhoff-Tudor-Bechtel, general
engineering consultants, and adopted as part of the Rapid Transit Contract and
Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta
Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb
County, Georgia.
32-9-6
32-12-42.
(a)
The
department
authority
is designated as the state agency to offer financial assistance, in the form of
a rail service continuation payment, to enable rail service, for which
the
Interstate Commerce Commission
it
has
been
determined a certificate of abandonment should be issued, to be
continued.
(b)
The
department
authority
is authorized to receive and administer federal financial assistance and to
distribute, by contract or otherwise, such federal financial assistance, alone
or together with state, local, or private funds available for such purposes, for
the implementation of railroad assistance programs that are designed to provide
for:
(1)
The cost of rail service continuation payments;
(2)
The cost of purchasing a line of railroad or other rail properties to maintain
existing rail services or to provide for future rail services;
(3)
The cost of rehabilitating and improving rail properties on a line of railroad
to the extent necessary to permit adequate and efficient rail service on such
line; or
(4)
The cost of reducing the cost of the lost rail service in a manner less
expensive than continuing rail service.
Subject
to general fund appropriations for these purposes, the
department
authority
is authorized to
expend
allocate
state funds to the extent necessary to pay the state's share of such
payments.
(c)
The
department
authority
shall provide to the Georgia Public Service Commission the pertinent information
it may possess regarding a proposed abandonment of a railroad line and shall
assist the Public Service Commission, as required, in developing the state's
position on the abandonment. The Public Service Commission shall provide to the
department
authority
the pertinent information it may possess concerning any railroad line for which
abandonment has been requested in order to assist the
department
authority
in preparing an economic and operational analysis of the line.
(d)
Should the
department
authority
decide to implement a railroad assistance program in accordance with paragraph
(4) of subsection (b) of this Code section, the Public Service Commission will
use its best efforts, within the scope of its powers and responsibilities, to
assist the
department
authority
in implementing such a program.
(e)
The
department
authority
is authorized to promulgate reasonable rules and regulations for the
implementation and administration of this Code section.
(f)
The
department
authority
shall not implement or propose to implement any railroad assistance program
without the prior concurrence of the
State
Transportation Board
secretary of
transportation.
(g)
Funds appropriated
to the
department pursuant to Article III,
Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized
for any of the purposes set out in this Code section.
32-9-10
32-12-43.
(a)
The purpose of this Code section is to implement Section 3029 of Public Law
102-240, the federal Intermodal Surface Transportation Efficiency Act of 1991,
referred to in this Code section as the act.
(b)
For purposes of this Code section, the term 'system' means a public
transportation system having vehicles operated on a fixed guideway on steel
rails, the steel of the wheels of such vehicles coming directly into contact
with such rails, but excluding such systems that are subject to regulation by
the Federal Railroad Administration. In addition, a 'system' shall include all
other public transportation systems that, under regulations issued pursuant to
subsection (e) of the act, are subject to the act.
(c)
The
department
authority
is designated as the agency of this state responsible for implementation of the
act.
(d)
Each system operating in this state shall adopt and carry out a safety program
plan that provides for the following:
(1)
The plan shall establish safety requirements with respect to the design,
manufacture, and construction of the equipment, structures, and fixtures of the
system; the maintenance of equipment, structures, and fixtures; operating
methods and procedures and the training of personnel; compliance with federal,
state, and local laws and regulations applicable to the safety of persons and
property; protection from fire and other casualties; and the security of
passengers and employees and of property;
(2)
The plan shall provide for measures reasonably adequate to implement the
requirements established pursuant to paragraph (1) of this subsection;
and
(3)
The plan shall establish lines of authority, levels of responsibility and
accountability, and methods of documentation adequate to ensure that it is
implemented.
(e)
The
department
authority
shall have the following powers and duties:
(1)
It shall review the safety program plan of each system and all revisions and
amendments thereof and if it finds that the plan conforms to subsection (d) of
this Code section shall approve it;
(2)
It shall monitor the implementation of each system's plan;
(3)
It shall have the power to require any system to revise or amend its safety
program plan as may be necessary in order to comply with any regulations issued
pursuant to subsection (e) of the act and any amendments or revisions thereof;
and
(4)
It shall investigate hazardous conditions and accidents on each system and, as
appropriate, require that hazardous conditions be corrected or
eliminated.
(f)
If any system fails to comply with an order of the
department
authority
to correct or to eliminate a hazardous condition, the
department
authority
may apply for an order requiring such system to show cause why it should not do
so. Such application shall be made to the superior court of the most populous
county in which such system operates, as such population is determined according
to the United States decennial census of
1990
2000
or any future such census. If at the hearing upon such an order to show cause
the court finds that the condition that is the subject of the order in fact
creates an unreasonable risk to the safety of persons, property, or both, the
court may order the system to comply with the
department's
authority's
order or to take such other corrective action as the court finds
appropriate.
32-9-11
32-12-44.
(a)
As used in this Code section, the term:
(1)
'Local government' means any county, municipality, or political subdivision of
this state, or any combination thereof.
(2)
'Transit agency' means any public agency, public corporation, or public
authority existing under the laws of this state that is authorized by any
general, special, or local law to provide any type of transit services within
any area of this state but shall not include the Department of Transportation,
the Georgia
Regional Transportation Authority
State
Transportation Authority, or the Georgia
Rail Passenger Authority.
(3)
'Transit facilities' means everything necessary and appropriate for the
conveyance and convenience of passengers who utilize transit
services.
(4)
'Transit services' means all modes of transportation serving the general public
which are appropriate to transport people and their personal effects by highway
or other ground conveyance but does not include rail conveyance.
(b)
Any transit agency may, by contract with any local government for any period not
exceeding 50 years, provide transit services or transit facilities for, to, or
within that local government or between that local government and any area in
which such transit agency provides transit services or transit facilities,
except that if such services or facilities are to be funded wholly or partially
by fees, assessments, or taxes levied and collected within a special district
created pursuant to Article IX, Section II, Paragraph VI of the Constitution,
such contract may only become effective if it is approved by a majority of the
qualified voters voting in such local government in a special election which
shall be called and conducted for that purpose by the election superintendent of
such local government. Any services provided by a transit agency pursuant to a
contract authorized by this subsection shall be conditioned upon such services
being included in a plan for transit services adopted or approved by the
governing authority of the county and by the governing authorities of any
municipalities within which transit services are to be provided as provided in
the plan.
(c)
The purpose of this Code section is to facilitate the exercise of the power to
provide public transportation services conferred by Article IX, Section II,
Paragraph III of the Constitution. This Code section does not repeal any other
law conferring the power to provide public transportation services or
prescribing the manner in which such power is to be exercised. This Code
section does not restrict the power of the Department of Transportation, the
Georgia
Regional Transportation Authority
State
Transportation Authority, or the Georgia
Rail Passenger Authority to contract with any local government to provide
transit services or transit facilities, including but not limited to rail
transit services and facilities, pursuant to Article IX, Section III, Paragraph
I of the Constitution.
32-10-76
32-12-45.
(a)
As used in this Code section, the term:
(1)
'Local government authority' and 'state' mean the same as under 49 U.S.C.
Section 5302.
(2)
'Public-private
streetcar
project initiative' means a local or regional streetcar project which is
proposed and advanced by a cooperative entity or sponsor that involves a
combined public and private sector financing and development structure which
includes not for profit entities.
(3)
'Streetcar' includes, but is not limited to, a rail transit vehicle, including a
modern, antique, or reproduction vehicle, that is designed to fit the scale and
traffic patterns of the neighborhoods through which it travels and operates at
lower speeds generally in existing rights of way through mixed traffic, with
frequent stops.
(b)
The authority shall establish and implement a five-year grant program to provide
assistance to local governmental authorities as well as a public-private
streetcar
project initiative for the capital, technical, and start-up costs of development
and expansion of streetcar transportation and attendant economic and community
development opportunities. The five-year grant program shall begin when funding
becomes available for such purposes. The five-year grant program may be renewed
at the end of each five-year period, consistent with the provisions of this Code
section.
(c)
The authority
will
shall
work closely with the formation of a pilot program and
will
shall
provide a state-level flow through point for any available federal funding or
other forms of financial and development sources and assistance for local,
regional, and public-private streetcar
projects
project
initiatives. Any funding through bonds for such pilot and grant program shall
be administered by the
authority.
(d)
The authority shall consider the following factors in its selection of
projects
public-private
streetcar project initiatives that will be
implemented by this pilot program:
(1)
The project is ripe for development, construction, and operation;
(2)
The project application demonstrates strong local and private sector financial
participation in the project;
(3)
The project will foster redevelopment opportunities adjacent to the streetcar
line for which assistance is being sought;
(4)
The project includes the financial participation of the private owners of real
property abutting the streetcar line, with the exception of owner occupied
residential properties, for some of the capital costs of the
project;
(5)
The project application demonstrates that development or redevelopment
agreements are in place with respect to the project and land planning policies
complimentary to the project have been adopted for land in close proximity to
the streetcar line, including the availability of property zoned to accommodate
mixed use development adjacent to the streetcar line;
(6)
The project application demonstrates either how redeveloping or new
neighborhoods on vacant or underutilized land will be connected by the project
to each other or to major attractors in the central city where the project will
be carried out or how circulator or connector lines under the project will
connect developed neighborhoods with one another or with the business district
in the central city;
(7)
The project has demonstrated desirable levels of local financial and linking
resources commitment; and
(8)
The project may include, and is encouraged to include, a public-private
streetcar
project initiative and organizational structure or sponsor.
(e)
The authority
will
shall
coordinate with all appropriate metropolitan, regional, and municipal planning
and development agencies where projects may be pursued and will coordinate with
the Georgia
Regional Transportation Authority and
appropriate local transit agencies in the development, funding, and
implementation of various
public-private
streetcar
projects
project
initiatives.
(f)
In order to receive grant assistance under this Code section, a sponsor of a
public-private
streetcar project
initiative
must submit to the authority an application that includes a detailed operating
plan for the streetcar line for which such assistance is being sought, including
the frequency of service, hours of operation, stop locations, and demonstration
of the financial capacity of the sponsor to operate the streetcar
line.
(g)
A
public-private
streetcar project
initiative
for which grant assistance may be provided under this Code section may include
streetscaping, signalization modifications, and other modifications to the road
system or other public rights of way on which the project is to be carried out;
acquisition of streetcars; and project construction, design, and
engineering.
32-10-77
32-12-46.
No
funding by issuing bonds, any other state funds, or federal funds administered
by the
Department
of Transportation
department or
the authority shall be allowed for
public-private
streetcar
projects
project
initiatives by any state entity or
other
authority, including, but not limited to, the
Department
of Transportation or the State Road and Tollway
Authority,
department or
authority or any other subsidiary of the
state, without specific prior approval by passage of a general Act by the
General Assembly.
Part
5
32-11-1.
32-12-50.
The
interstate rail passenger network compact is ratified, enacted, and entered into
by the State of Georgia with all other states joining the compact in the form
substantially as this
chapter
part.
32-11-2.
32-12-51.
It
is the policy of the states party to this compact to cooperate and share the
administrative and financial responsibilities concerning the planning of an
interstate rail passenger network system connecting major cities in Illinois,
Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states
agree that a rail passenger system would provide a beneficial service and would
be enhanced if operated across state lines.
32-11-3.
32-12-52.
(a)
The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida
(referred to in this
chapter
part
as 'participating states') agree, upon adoption of this compact by the
respective states, to jointly conduct and participate in a rail passenger
network financial and economic impact study. The study must do the
following:
(1)
Carry forward research previously performed by the national railroad passenger
corporation (Amtrak) (report issued December 1990) for purposes of evaluating a
representative service schedule, train running times, and associated
costs.
(2)
Include consideration of the following:
(A)
The purchase of railroad equipment by a participating state and the lease of the
railroad equipment to Amtrak.
(B)
The recommendation that a member of the council serve on the Amtrak board of
directors.
(C)
The periodic review of projected passenger traffic estimates.
(D)
Any other matter related to the financial and economic impact of a rail
passenger network between the cities of Chicago, Illinois, and Jacksonville,
Florida.
(b)
Information and data collected during the study under subsection (a) of this
Code section that is requested by a participating state or a consulting firm
representing a participating state or the compact may be made available to the
state or firm. However, the information may not include matters not of public
record or of a nature considered to be privileged and confidential unless the
state providing the information agrees to waive the
confidentiality.
32-11-4.
32-12-53.
The
participating states agree to do the following:
(1)
Make available to each other and to a consulting firm representing a
participating state or the compact assistance that is available, including
personnel, equipment, office space, machinery, computers, engineering, and
technical advice and services.
(2)
Provide financial assistance for the implementation of the feasibility study
that is available.
32-11-5.
32-12-54.
The
interstate rail passenger advisory council (referred to in this compact as the
'council') is created. The membership of the council consists of three
individuals from each participating state. The Governor, President of the
Senate, and Speaker of the House of Representatives shall each appoint one
member of the council.
32-11-6.
32-12-55.
The
council shall do the following:
(1)
Meet within 30 days after ratification of this agreement by at least two
participating states.
(2)
Establish rules for the conduct of the council's business, including the payment
of the reasonable and necessary travel expenses of council members.
(3)
Coordinate all aspects of the rail passenger financial and economic impact study
under Code Section
32-11-3
32-12-52.
(4)
Contract with persons, including institutions of higher education, for
performance of any part of the study under Code Section
32-11-3
32-12-52.
(5)
Upon approval of the study, negotiate the proportionate share that each state
will contribute toward the implementation and management of the proposed
restoration of the interstate rail passenger system.
(6)
Make recommendations to each participating state legislature concerning the
results of the study required by this
chapter
part.
32-11-7.
32-12-56.
This
compact becomes effective upon the adoption of the compact into law by at least
two of the participating states. Thereafter, the compact becomes effective for
another participating state upon the enactment of the compact by the
state.
32-11-8.
32-12-57.
This
compact continues in force with respect to a participating state and remains
binding upon the state until six months after the state has given notice to each
other participating state of the repeal of this
chapter
part. The
transfer of these provisions from Chapter 11 of this title to Chapter 12 of this
title does not constitute a repeal for purposes of this Code
section. The withdrawal may not be
construed to relieve a participating state from an obligation incurred before
the end of the state's participation in the compact.
32-11-9.
32-12-58.
(a)
This compact shall be liberally construed to effectuate the compact's
purposes.
(b)
The provisions of this compact are severable. If:
(1)
A phrase, clause, sentence, or provision of this compact is declared to be
contrary to the Constitution of a participating state or of the United States;
or
(2)
The applicability of this compact to a government, an agency, a person, or a
circumstance is held invalid,
the
validity of the remainder of this compact and the compact's applicability to any
government, agency, person, or circumstance is not affected.
(c)
If this compact is held contrary to the Constitution of a participating state,
the compact remains in effect for the remaining participating states and in
effect for the state affected for all severable matters.
Part
6
32-10-64.
32-12-60.
(a)
For the purpose of earning sufficient revenue to make possible, in conjunction
with other funds available to the authority, the financing of the construction
or acquisition of projects of the authority with revenue bonds, the authority is
authorized and empowered to collect tolls on each and every project which it
shall cause to be constructed or acquired. It is found, determined, and
declared that the necessities of revenue bond financing are such that the
authority's toll earnings on each project or projects, in conjunction with other
funds available to the authority, must exceed the actual maintenance, repair,
and normal reserve requirements of such projects, together with monthly or
yearly sums needed for the sinking fund payments upon the principal and interest
obligations of financing such project or projects; however, within the framework
of these legitimate necessities of the authority and subject to all bond
resolutions, trust indentures, and all other contractual obligations of the
authority, the authority is charged with the duty of the operation of
all
toll
projects in the aggregate at the most reasonable possible level of toll charges;
and, furthermore, the authority is charged with the responsibility of a
reasonable and equitable adjustment of such toll charges as between the various
classes of users of any given project.
(b)
In the exercise of the authority's toll powers, the authority is authorized to
exercise so much of the police powers of the state as shall be necessary to
maintain the peace and accomplish the orderly handling of the traffic and the
collection of tolls on all
toll
projects operated by the authority; and the authority shall prescribe such rules
and regulations for the method of taking tolls and the employment and conduct of
toll takers and other operating employees as the authority, in its discretion,
may deem necessary.
(c)(1)
No motor vehicle shall be driven or towed through a toll collection facility,
where appropriate signs have been erected to notify traffic that it is subject
to the payment of tolls beyond such sign, without payment of the proper toll.
In the event of nonpayment of the proper toll, as evidenced by video or
electronic recording, the registered owner of such vehicle shall be liable to
make prompt payment to the authority of the proper toll and an administrative
fee of $25.00 per violation to recover the cost of collecting the toll. The
authority or its authorized agent shall provide notice to the registered owner
of a vehicle, and a reasonable time to respond to such notice, of the
authority's finding of a violation of this subsection. Upon failure of the
registered owner of a vehicle to pay the proper toll and administrative fee to
the authority after notice thereof and within the time designated in such
notice, the authority may proceed to seek collection of the proper toll and the
administrative fee as debts owing to the authority, in such manner as the
authority deems appropriate and as permitted under law. If the authority finds
multiple failures by a registered owner of a vehicle to pay the proper toll and
administrative fee after notice thereof and within the time designated in such
notice, the authority may refer the matter to the Office of State Administrative
Hearings. The scope of any hearing held by the Office of State Administrative
Hearings shall be limited to consideration of evidence relevant to a
determination of whether the registered owner has failed to pay, after notice
thereof and within the time designated in such notice, the proper toll and
administrative fee. The only affirmative defense that may be presented by the
registered owner of a vehicle at such a hearing is theft of the vehicle, as
evidenced by presentation at the hearing of a copy of a police report showing
that the vehicle has been reported to the police as stolen prior to the time of
the alleged violation. A determination by the Office of State Administrative
Hearings of multiple failures to pay by a registered owner of a vehicle shall
subject such registered owner to imposition of, in addition to any unpaid tolls
and administrative fees, a civil monetary penalty payable to the authority of
not more than $70.00 per violation. Upon failure by a registered owner to pay
to the authority, within 30 days of the date of notice thereof, the amount
determined by the Office of State Administrative Hearings as due and payable for
multiple violations of this subsection, the motor vehicle registration of such
registered owner shall be immediately suspended by operation of law. The
authority shall give notice to the Department of Revenue of such suspension.
Such suspension shall continue until the proper toll, administrative fee, and
civil monetary penalty as have been determined by the Office of State
Administrative Hearings are paid to the authority. Actions taken by the
authority under this subsection shall be made in accordance with policies and
procedures approved by the members of the authority.
(2)
The registered owner of a vehicle which is observed being driven or towed
through a toll collection facility without payment of the proper toll may avoid
liability under this subsection by presenting to the authority a copy of a
police report showing that the vehicle had been reported to the police as stolen
prior to the time of the alleged violation.
(3)
For purposes of this subsection, for any vehicle which is registered to an
entity other than a natural person, the term 'registered owner' shall be deemed
to refer to the natural person who is the operator of such motor vehicle at the
time of the violation of this subsection, but only if the entity to which the
vehicle is registered has supplied to the authority, within 60 days following
notice from the authority or its authorized agent, information in the possession
of such entity which is sufficient to identify and give notice to the natural
person who was the operator of the motor vehicle at the time of the violation of
this subsection.
(d)
Any person who shall use or attempt to use any currency or coins other than
legal tender of the United States of America or tokens issued by the authority
or who shall use or attempt to use any electronic device or equipment not
authorized by the authority in lieu of or to avoid payment of a toll shall be
guilty of a misdemeanor.
(e)
Any person, except an authorized agent or employee of the authority, who removes
any coin from the pavement or ground surface within 15 feet of a toll collection
booth or toll collection machine, except to retrieve coins the person dropped
while attempting payment of that person's toll, shall be guilty of a
misdemeanor.
(f)
Any person who enters without authorization or who willfully, maliciously, and
forcibly breaks into any mechanical or electronic toll collection device of the
authority or appurtenance thereto shall be guilty of a misdemeanor.
(g)
Any law enforcement officer shall have the authority to issue citations for toll
evasions if such officer is a witness to any of the following
violations:
(1)
A person forcibly or fraudulently passes a toll collection device without
payment or refuses to pay, evades, or attempts to evade the payment of such
tolls;
(2)
A person turns, or attempts to turn, a vehicle around on a bridge, approach, or
toll plaza where signs have been erected forbidding such turning;
or
(3)
A person refuses to pass through the toll collection facility after having come
within the area where signs have been erected notifying traffic that it is
entering the area where a toll is collectable or where vehicles may not turn
around and where vehicles are required to pass through the toll gates for the
purposes of collecting tolls.
(h)
The authority may in its discretion use such technology, including but not
limited to automatic vehicle license tag identification photography and video
surveillance, either by electronic imaging or photographic copy, that it deems
necessary to aid in the collection of tolls and enforcement of toll violations.
Such technology shall not be used to produce any photograph, microphotograph,
electronic image, or videotape showing the identity of any person in a motor
vehicle except that such technology may be utilized for general surveillance of
a toll collection facility for the security of toll collection facility
employees.
(i)
State and local law enforcement entities are authorized to enter into traffic
and toll enforcement agreements with the authority. Any funds received by a
state law enforcement entity pursuant to such toll enforcement agreement shall
be subject to annual appropriations by the General Assembly to such law
enforcement entity for the purpose of performing its duties pursuant to such
agreement.
32-10-65
32-12-61.
The
authority is authorized to fix, revise, charge, and collect tolls for the use of
each
toll
project. Such tolls shall be so fixed and adjusted as to carry out and perform
the terms and provisions of any resolution, trust indenture, or contract with or
for the benefit of bondholders
or other
private entity or concessionaire; and such
tolls shall not be subject to supervision or regulation by any other commission,
board, bureau, or agency of the state. The use and disposition of tolls and
revenues shall be subject to the provisions of the resolution
or
contract authorizing the issuance of such
bonds or of the trust indenture securing the same, if there are
any.
32-10-71
32-12-62.
(a)
In addition to
the powers provided to the authority pursuant to this chapter,
the
The
authority is
explicitly
authorized and empowered to acquire, maintain, repair, improve, and operate a
tollway project whose status at the time of acquisition is a toll facility or
which was operated as a toll facility at some point in its existence. For the
purpose of earning sufficient revenue to make possible the maintenance, repair,
and improvement of the acquired project, the authority is authorized to collect
tolls on
each and
every project it acquires
any acquired
project meeting the requirements of this
subsection.
(b)
When an existing state tollway facility has been acquired from a local
government by the authority or the department, and the state tollway facility
provides access to an island with public beaches that are in need of
maintenance, repair, or restoration, the
State Road
and Tollway Authority
authority
may assist the local government in the collection of a parking fee for each
vehicle entering the island. The local government is authorized to set a fee on
roads, streets, and parking facilities owned by the local government for such
purposes and may contract with the authority to collect the fee. The department
is authorized to assist the authority in the collection of the fee. The local
government shall reimburse the department and the authority for any costs
associated with executing the terms of the contract.
(c)
When a state highway provides access to an island with public beaches that are
in need of maintenance, repair, or restoration, the
Department
of Transportation
authority
may, if consistent with federal law and regulations, authorize the local
government to set and collect a parking fee for the purpose of providing funding
for such maintenance, repair, or restoration. The
department
is authorized to allow the authority
to
may
collect such parking fee on the state highway system, provided that the
collection point shall lie within the corporate limits of the local government
setting the parking fee. The authority is authorized to contract with the local
government for the collection of the fee. The local government shall reimburse
the authority for any costs associated with executing the terms of the
contract.
Part
7
50-32-10
32-12-70.
(a)(1)
This part shall operate uniformly throughout the state in relation to air
quality standards. Code Sections 32-12-70 through 32-12-74 shall only be
applied to air quality standards in the geographic areas designated in this Code
section.
(2)(A)
The initial jurisdiction of the authority for air quality standards purposes
shall encompass the territory of every county which was designated by the United
States Environmental Protection Agency (USEPA) in the
Code
of Federal
Regulations as
of December 31, 1998, as a county included in whole or in part within a
nonattainment area under the Clean Air Act and which the authority designates,
through regulation, as a county having excess levels of ozone, carbon monoxide,
or particulate matter.
(B)
The jurisdiction of the authority for air quality standards purposes shall also
encompass the territory of every county designated by the USEPA in the
Code
of Federal
Regulations
after December 31, 1998, as a county included in whole or in part within a
nonattainment area under the Clean Air Act and which the authority designates,
through regulation, as a county having excess levels of ozone, carbon monoxide,
or particulate matter, provided that the jurisdictional area encompassed under
this subparagraph shall be contiguous with the jurisdictional area encompassed
under subparagraph (A) of this paragraph.
(b)(1)
Every six months, beginning on December 31, 1998, the director of the
Environmental Protection Division shall report and certify to the authority and
the Governor, pursuant to criteria established by that division, counties which
are reasonably expected to become nonattainment areas under the Clean Air Act
within seven years from the date of such report and certification. Within the
geographic territory of any county so designated, the authority shall provide,
by resolution or regulation, that the funding, planning, design, construction,
contracting, leasing, and other related facilities of the authority shall be
made available to county and local governments for the purpose of planning,
designing, constructing, operating, and maintaining land public transportation
systems and other land transportation projects, public transit projects, air
quality installations, and all facilities necessary and beneficial thereto, and
for the purpose of designing and implementing designated metropolitan planning
organizations' land transportation plans and transportation improvement
programs, on such terms and conditions as may be agreed to between the authority
and such county or local governments.
(2)
By resolution of the county governing authority, the special district created by
this part encompassing the territory of any county reported and certified
pursuant to paragraph (1) of this subsection may be activated for the purposes
of this part, or such county may be brought within the jurisdiction of the
authority by resolution of the governing authority.
(3)
The jurisdiction of the authority for air quality standards purposes shall be
extended to the territory of any county the territory of which is not contiguous
with the jurisdiction established by subsection (a) of this Code section which
is designated by the USEPA in the
Code
of Federal
Regulations as
a county included in whole or in part within a nonattainment area under the
Clean Air Act and which the authority designates, through regulation, as a
county having excess levels of ozone, carbon monoxide, or particulate
matter.
(c)
Upon acquiring jurisdiction over the territory of any county for air quality
purposes, the authority's jurisdiction over such territory shall continue until
20 years have elapsed since the later of the date such county was redesignated
by the USEPA as in attainment under the Clean Air Act or such designation by the
USEPA is no longer made.
(d)(1)
Upon the lapse of the authority's jurisdiction over a geographic area for air
quality purposes pursuant to the provisions of this Code section, the authority
shall have the power to enter into such contracts, lease agreements, and other
instruments necessary or convenient to manage and dispose of real property and
facilities owned or operated by the authority within such geographic area, and
shall dispose of all such property not more than five years after the lapse of
such jurisdiction but shall retain jurisdiction for the purpose of operating and
managing such property and facilities until their final
disposition.
(2)
The provisions of this subsection shall be implemented consistent with the terms
of such contracts, lease agreements, or other instruments or agreements as may
be necessary or required to protect federal interests in assets purchased,
leased, or constructed utilizing federal funding in whole or in part, and the
authority is empowered to enter into such contracts, lease agreements, or other
instruments or agreements with appropriate federal agencies or other
representatives or instrumentalities of the federal government from time to time
as necessary to achieve the purposes of this part and the protection of federal
interests.
(e)
Except for the purpose of reviewing proposed regional transportation plans and
transportation improvement programs prepared by metropolitan planning
organizations in accordance with requirements specifically placed upon the
Governor by federal law, the jurisdiction of the authority shall not extend to
the territory and facilities of any airport as defined in Code Section 6-3-20.1
and which is certified under 14 C.F.R. Part 139. In no event shall the
authority have jurisdiction to design, construct, repair, improve, expand, own,
maintain, or operate any such airport or any facilities of such
airport.
32-12-71.
Pursuant
to the authority granted by Article IX, Section II, Paragraph VI of the
Constitution of this state, there are created within this state 159 special
districts. One such district shall exist within the geographic boundaries of
each county, and the territory of each district shall include all of the
territory within its respective county. Any special district within a county
within the geographic area over which the authority has jurisdiction for air
quality purposes shall be deemed activated for purposes of this
part.
32-12-72.
(a)
The Governor may delegate to the authority, by executive order, his or her
powers under applicable federal transportation planning and air quality laws and
regulations, including without limitation the power to resolve revision disputes
between metropolitan planning organizations and the authority under 40 C.F.R.
Section 93.105, the power to approve state-wide transportation improvement
programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b),
450.324(b), and 450.328(a), and the power of approval and responsibilities for
public involvement under 23 C.F.R. Section 450.216(a).
(b)
In exercising the authority's powers concerning proposed state-wide
transportation plans and transportation improvement programs prepared by
metropolitan planning organizations wholly or partly within the geographic area
over which the authority has jurisdiction for air quality purposes pursuant to
this part:
(1)
Transportation plans and transportation improvement programs subject to the
authority's review powers shall be approved by the affirmative vote of a
majority of the authority to a motion made for that purpose;
(2)
The authority may request modification of such a plan or program and approve
such proposal for modification of a plan or program by the affirmative vote of a
majority of the authority to a motion made for that purpose;
(3)
The authority may set a date certain as a deadline for submission of any such
plan or program to the authority for review; and
(4)
If any such plan or program is not timely submitted for review in compliance
with a deadline set by the authority, the authority may exercise its power to
disapprove such plan or program upon the affirmative vote of a majority of the
authority to a motion made for that purpose.
(c)
The authority shall formulate measurable targets for air quality improvements
and standards within the geographic area over which the authority has
jurisdiction for air quality purposes pursuant to this part and annually shall
report such targets to the Governor, the Lieutenant Governor, and the Speaker of
the House of Representatives, together with an assessment of progress toward
achieving such targets and projected measures and timetables for achieving such
targets.
32-12-73.
In
any case where a development of regional impact, as determined by the Department
of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50, is planned
within the geographic area over which the authority has jurisdiction for air
quality purposes which requires the expenditure of state or federal funds by the
state or any political subdivision, agency, other authority, or instrumentality
thereof to create land transportation services or access to such development,
any expenditure of such funds shall be prohibited unless and until the plan for
such development and such expenditures is reviewed and approved by the
authority. The decision of the authority to allow or disallow the expenditure
of such funds shall be final and nonreviewable, except that such decision shall
be reversed where a resolution for such purpose is passed by vote of
three-fourths of the authorized membership of the county commission of the
county in which the development of regional impact is planned or, if such
development is within a municipality, by vote of three-fourths of the authorized
membership of the city council.
32-12-74.
(a)
In furtherance of the purposes of the authority, no project of the Georgia Rail
Passenger Authority created by Article 9 of Chapter 9 of Title 46 shall be
commenced after July 1, 2009, unless such project is approved by the affirmative
vote of a majority of the authority pursuant to a motion made for that purpose;
provided, however, that where such project is an approved transportation control
measure pursuant to an approved state implementation plan, such project may
proceed consistent with applicable federal law and regulation.
(b)
From time to time, by the affirmative vote of a majority of the authority, the
authority may direct the Georgia Environmental Facilities Authority to issue
revenue bonds, bonds, notes, loans, credit agreements, or other obligations or
facilities to finance, in whole or in part, any project or the cost of any
project of the authority wholly or partly within the geographic area over which
the authority has jurisdiction for air quality purposes, by means of a loan,
extension of credit, or grant from the Georgia Environmental Facilities
Authority to the authority, on such terms or conditions as shall be concluded
between the two authorities.
(c)
The Georgia Environmental Facilities Authority shall be subordinate to the
authority in all respects, with respect to authority projects, within the
geographic area over which the authority has jurisdiction for air quality
purposes; and, in the event of any conflict with the provisions of Chapter 23 of
Title 50, the provisions of this part shall prevail in all respects. It is
expressly provided, however, that nothing in this Code section and nothing in
this part shall be construed to permit in any manner the alteration,
elimination, or impairment of any term, provision, covenant, or obligation
imposed on any state authority, including but not limited to the Georgia
Environmental Facilities Authority or the Georgia Rail Passenger Authority, for
the benefit of any owner or holder of any bond, note, or other obligation of any
such authority.
ARTICLE
2
32-10-90
32-12-80.
The
authority shall have the power and is authorized, at one time or from time to
time, to provide by resolution for the issuance of negotiable revenue bonds of
the authority for the purpose of paying all or any part of the cost, as defined
in paragraph
(4)(5)
of Code Section
32-10-60
32-12-2,
of any one or a combination of projects. The principal and interest of such
revenue bonds shall be payable from and may be secured by a pledge of tolls and
other revenues of all or any part of the project financed in whole or in part
with the proceeds of such issue or with the proceeds of bonds refunded or to be
refunded by such issue or by a pledge of any other revenues of the authority
that are legally available for such purpose. The bonds of each issue shall be
dated, shall bear interest as provided for in Code Section
32-10-91
32-12-82,
shall mature not later than 40 years from the date of issue, shall be payable in
such media of payments as to both principal and interest as may be determined by
the authority, and may be made redeemable before maturity, at the option of the
authority, at such price or prices and under such terms and conditions as may be
fixed by the authority in the resolution providing for the issuance of the
bonds.
32-10-90.1
32-12-81.
(a)
As used in this Code section, the
The
term 'grant anticipation revenue vehicle' or 'garvee bond' means any bond issued
by the authority which is an eligible debt financing instrument within the scope
of 23 U.S.C. Section 122 or which is otherwise to be repaid or reimbursed in
whole or in part, directly or indirectly, from federal funds.
If cost
effective as determined by the authority, garvee bonds shall be
insured.
(b)
With respect to garvee bonds and projects financed by garvee bonds, the
provisions and limitations of this Code section shall control over any other
conflicting provisions of this article, it being the intention of the General
Assembly that grant anticipation revenue vehicles and projects funded thereby be
fully subject to the terms expressed in this Code section.
(c)
For the purpose of issuance and use of the proceeds of garvee bonds, the
authority and the department shall give priority, as far as reasonably
practicable in the judgment of the department, to the completion of those
portions of the Developmental Highway System as set out in paragraphs (1)
through (13) and paragraphs (15) and (16) of subsection (a) of Code Section
32-4-22 and such further paragraphs as may be added to such subsection from time
to time, with due regard to the timely and economical completion of the portion
set out in paragraph (14) thereof.
(d)
Any project the cost of which is paid from the proceeds of garvee bonds shall
be, pursuant to a contract or agreement between the authority and the
department, planned, designed, and constructed by the Department of
Transportation or a contractor contracting with the Department of
Transportation.
(e)
If during any state fiscal year the amount of federal reimbursement available to
the State of Georgia under 23 U.S.C. Section 122 is or will be reduced below 90
percent of the amount available during Fiscal Year 2000-2001, the authority
shall not thereafter issue any garvee bond.
(f)
If cost effective as determined by the authority, garvee bonds shall be
insured.
32-10-91
32-12-82.
The
authority may authorize by resolution the following: the obtaining of loans; the
issuance and sale of notes; and the issuance and sale of bonds. The foregoing
obligations may be offered at public or private sale in such manner and for such
interest rate and at such price as the authority may determine to be in the best
interests of the authority and the state, provided that any offering is subject
to the review and approval of the Georgia State Financing and Investment
Commission pursuant to the provisions of Article 2 of Chapter 17 of Title
50.
32-10-92
32-12-83.
Bonds
issued by the authority shall be authorized by resolution of the authority, be
in such denominations, bear such date or dates, and mature at such time or times
within 40 years from the issuance thereof as the authority determines to be
appropriate. Such bonds shall be subject to such terms of redemption, bear
interest at such rate or rates payable at such times, be in registered form or
book-entry form through a securities depository, or both, as to principal or
interest or both principal and interest, carry such registration privileges, be
executed in such manner, be payable in such medium of payment at such place or
places, and be subject to such terms and conditions as such resolution of the
authority may provide; provided, however, in lieu of specifying the rate or
rates of interest which the bonds to be issued by an authority are to bear, the
resolution of the authority may provide that the bonds when issued will bear
interest at a rate not exceeding a maximum per annum rate of interest which may
be fixed or may fluctuate or otherwise change from time to time as specified in
the resolution or may state that, in the event the bonds are to bear different
rates of interest for different maturity dates, none of such rates will exceed
the maximum rate, which rate may be fixed or may fluctuate or otherwise change
from time to time, as specified. Bonds may be sold at public or private sale
for such price or prices as the authority shall determine.
32-10-93
32-12-84.
All
bonds issued by the authority shall be executed in the name of the authority by
the chairperson and
the
secretary of
the
authority
transportation
and shall be sealed with the official seal of the authority or a facsimile
thereof. The facsimile signatures of the chairperson and
the
secretary of
the
authority
transportation
may be imprinted thereon in lieu of the manual signatures of such officers if
the authority so directs in the resolution authorizing such bonds or otherwise.
In case any officer whose manual or facsimile signature shall appear on any
bonds shall cease to be such officer before the delivery of such bonds, such
signature shall nevertheless be valid and sufficient for all purposes the same
as if he or she had remained in office until such delivery.
32-10-94
32-12-85.
All
revenue bonds issued under this article shall have and are declared to have all
the qualities and incidents of negotiable instruments under the negotiable
instruments law of the state. Such bonds, their transfer, and the income
therefrom shall be exempt from all taxation in this state.
32-10-95
32-12-86.
The
proceeds of the bonds shall be used solely for the payment of the cost of the
project or combined projects and shall be disbursed upon requisition or order of
the
chairman
chairperson
of the authority or its duly bonded agents under such restrictions, if any, as
the resolution authorizing the issuance of the bonds or the trust indenture may
provide. If the proceeds of such bonds, by error of calculation or otherwise,
shall be less than the cost of the project or combined projects, unless
otherwise provided in the resolution authorizing the issuance of the bonds or in
the trust indenture, additional bonds may in like manner be issued to provide
the amount of such deficit, which bonds, unless otherwise provided in the
resolution authorizing the issuance of the bonds or in the trust indenture,
shall be deemed to be of the same issue and shall be entitled to payment from
the same fund without preference or priority of the bonds first issued for the
same purpose. If the proceeds of the bonds of any issue shall exceed the amount
required for the purpose for which such bonds are issued, all surplus shall be
paid into the sinking fund provided for the payment of principal and interest of
such bonds.
32-10-96
32-12-87.
Prior
to the preparation of definitive bonds, the authority may, under like
restrictions, issue interim receipts, interim certificates, or temporary bonds,
with or without coupons exchangeable for definitive bonds upon the issuance of
the latter.
32-10-97
32-12-88.
The
authority may also provide for the replacement of any bond which becomes
mutilated or which is destroyed or lost.
32-10-98
32-12-89.
Resolutions
for the issuance of revenue bonds may be adopted without any other proceedings
or the happening of any other conditions or things than those proceedings,
conditions, and things which are specified or required by this article. In the
discretion of the authority, revenue bonds of a single issue may be issued for
the purpose of paying the cost of any one or more, including a combination of,
projects at any one location or any number of locations. Any resolution
providing for the issuance of revenue bonds under this article shall become
effective immediately upon its passage and need not be published or posted; and
any such resolution may be passed at any regular or special or adjourned meeting
of the authority by a majority of its members.
32-10-99
32-12-90.
Revenue
bonds issued under this article shall not be deemed to constitute a debt of the
State of Georgia or a pledge of the faith and credit of the state, but such
bonds shall be payable from the revenues and funds of the authority as provided
for in the resolutions or trust indentures authorizing or securing such bond
issues; and the issuance of such revenue bonds shall not directly, indirectly,
or contingently obligate the state to levy or to pledge any form of taxation
whatsoever therefor or to make any appropriation for the payment thereof; and
all such bonds shall contain recitals on their face covering substantially the
foregoing provisions of this Code section.
32-10-100
32-12-91.
(a)
In the discretion of the authority, any issue of such revenue bonds may be
secured by a trust indenture by and between the authority and a corporate
trustee, which may be any trust company or bank having the powers of a trust
company, inside or outside of the state. Such trust indenture may pledge or
assign tolls, revenues, and earnings to be received by the
authority.
(b)
Either the resolution providing for the issuance of revenue bonds or such trust
indenture may contain provisions for protecting and enforcing the rights and
remedies of the bondholder, including the right of the appointment of a receiver
upon default in the payment of any principal or interest obligation and the
right of any receiver or indenture trustee to enforce collection of tolls,
revenues, or other charges for the use of the project or projects, necessary to
pay all costs of operation, all reserves provided for, the principal and
interest on all bonds in the given issue, all cost of collection, and all other
costs reasonably necessary to accomplish the collection of such sums, in the
event of any default by the authority.
(c)
Such resolution or trust indenture may include covenants setting forth the
duties of the authority in relation to the acquisition of property; the
construction of the project; the custody, safeguarding, and application of all
moneys; and the operation and maintenance of the project or projects; and may
also provide that any project shall be constructed and paid for under the
supervision of
department
engineers or others satisfactory to the original purchasers of the bonds issued
for such project or projects. Such resolution or trust indenture may also
require that the security given by contractors and by any depository of the
proceeds of the bonds or revenues or other moneys be satisfactory to such
purchasers and may also contain provisions concerning the conditions, if any,
upon which additional revenue bonds may be issued.
(d)
It shall be lawful for any bank or trust company incorporated under the laws of
this state to act as such depository and to furnish such indemnifying bonds or
pledge such securities as may be required by the authority. Such indenture may
set forth the rights and remedies of the bondholders and of the trustee and may
restrict the individual right of action of bondholders as is customary in trust
indentures securing bonds and debentures of corporations.
(e)
In addition to the foregoing, such trust indenture may contain such other
provisions as the authority may deem reasonable and proper for the security of
the bondholders. All expenses incurred in carrying out such trust indenture may
be treated as a part of the cost of maintenance, operation, and repair of the
project affected by such indenture.
32-10-101
32-12-92.
The
authority shall, in the resolution providing for issuance of revenue bonds or in
the trust indenture, provide for the payment of the proceeds of the sale of the
bonds to any officer or person who or any agency, bank, or trust company which
shall act as trustee of such funds and shall hold and apply such funds as
provided in this article, subject to such regulations as this article and such
resolution or trust indenture may provide.
32-10-102
32-12-93.
(a)
The revenues, tolls, and earnings derived from any particular project or
projects and all or any part of the revenues, tolls, and earnings received by
the authority, regardless of whether or not such tolls, earnings, and revenues
were produced by a particular project for which bonds have been issued, unless
otherwise pledged or allocated, may be pledged by the authority to the payment
of the principal and interest obligations of any revenue bond issues of the
authority. All funds so pledged, from whatever source received, which may
include funds received from one or more of all sources of the authority's
income, shall be set aside at regular intervals, as may be provided in the
resolutions or trust indentures, into sinking funds which shall be pledged to
and charged with the payment of (1) the interest upon such revenue bonds as such
interest shall fall due, (2) the principal of the bonds as the same shall
mature, (3) the necessary charges of paying agents for paying principal and
interest, and (4) any premium required upon bonds retired by call or purchase as
may be provided in the resolutions or trust indentures.
(b)
The use and disposition of such sinking funds shall be subject to such
regulations as may be provided in the resolutions authorizing the issuance of
the revenue bonds or in the trust indentures; but, except as may otherwise be
provided in such resolutions or trust indentures, such sinking funds,
individually, shall be funds for the benefit of all revenue bonds of the given
issue for which they are created without distinction or priority of one over
another. Subject to the resolution or trust indenture of any given bond issue,
any moneys in such sinking funds, after all bonds and the interest thereon for
which such sinking funds were pledged have been paid, may be paid into the
authority fund provided for in Code Section
32-10-72
32-12-11.
32-10-103
32-12-94.
Any
holders of revenue bonds issued under this article or any of the coupons
appertaining thereto, any duly appointed receiver of such bonds or coupons, and
any indenture trustee for bondholders, except to the extent the rights given in
this Code section may be restricted by resolution passed before the issuance of
the bonds or by the trust indenture, may, either at law or in equity, by action,
mandamus, or other proceedings, protect and enforce any and all rights under the
laws of Georgia or granted in this Code section or under such resolution or
trust indentures and may enforce and compel performance of all duties required
by this article or by such resolution or trust indenture to be performed by the
authority or any officer thereof, including the fixing, charging, and collection
of revenues, tolls, and other charges for the use of the project or projects.
No holder of any such bond or receiver or indenture trustee thereof shall have
the right to compel any exercise of the taxing power of the state to pay any
such bond or the interest thereon or to enforce the payment thereof against any
property of the state; nor shall any such bond constitute a charge, lien, or
encumbrance, legal or equitable, upon any property of the state.
32-10-104
32-12-95.
The
authority is authorized, subject to any prior resolution or trust indenture, to
provide by resolution for the issuance of revenue refunding bonds of the
authority for the purpose of refunding any revenue bonds issued under this
article and then outstanding, together with accrued interest thereon. The
issuance of such revenue refunding bonds, the maturities and all other details
thereof, the rights of the holders thereof, and the duties of the authority in
respect to the same shall be governed by this article insofar as the same may be
applicable.
32-10-105
32-12-96.
The
bonds authorized in paragraph (8) of Code Section
32-10-63
32-12-60
and in Code Section
32-10-90
32-12-80
are deemed securities in which (1) all public officers and bodies of this state
and all municipalities and all municipal subdivisions, (2) all insurance
companies and associations and other persons carrying on an insurance business,
(3) all banks, bankers, trust companies, savings banks and savings associations,
including savings and loan associations, building and loan associations,
investment companies, and other persons carrying on a banking business, (4) all
administrators, guardians, executors, trustees, and other fiduciaries, and (5)
all other persons whatsoever who are now or may hereafter be authorized to
invest in bonds or other obligations of the state may properly and legally
invest funds, including capital in their control or belonging to them. The
bonds are also deemed securities which may be deposited with and shall be
received by all public officers and bodies of this state and all municipalities
and municipal subdivisions for any purpose for which the deposit of the bonds or
other obligations of this state is now or may hereafter be
authorized.
32-10-106
32-12-97.
While
any of the bonds issued by the authority remain outstanding, the powers, duties,
or existence of the authority or of its officers, employees, or agents shall not
be diminished or impaired in any manner that will affect adversely the interests
and rights of the holders of such bonds.
32-10-107
32-12-98.
Bonds
of the authority shall be confirmed and validated in accordance with Article 3
of Chapter 82 of Title 36, the 'Revenue Bond Law.' The bonds, when validated,
and the judgment of validation shall be final and conclusive with respect to
such bonds and against the authority issuing the same.
32-10-108
32-12-99.
Upon
payment in full of all bonds and the interest thereon and obligations of every
nature whatsoever for the payment of which the revenues of any given project or
projects have been pledged, in whole or in part, either originally or
subsequently, either primarily or secondarily, directly or indirectly or
otherwise, or upon the setting aside in trust, for the benefit of bondholders or
other obligees, of a sufficient amount for the payment of all such bonds and
other obligations and the interest thereon to the maturity thereof, such project
or projects, if deemed by the
department
authority
to be in a safe and satisfactory condition of repair and traffic capacity, may
become part of the state highway system and thereafter shall be maintained by
the
department
authority
free of tolls. In the event such project or projects to be transferred are not
in good condition,
in the
judgment of the department, the department shall be charged with the duty of
immediately advising the authority in writing what will be necessary to
accomplish such safe and satisfactory condition of repair and traffic capacity;
and the authority
thereafter
shall apply sufficient revenue from such project or projects to the
accomplishment of such safe condition of repair and traffic capacity; and, upon
its accomplishment, such project or projects shall become toll free as provided
in this Code section.
Upon the
fulfillment of all conditions necessary to the cessation of tolls upon any such
project, the authority shall convey by deed all right, title, and interest in
and to such project to the department for and in consideration of $1.00, which
the treasurer of the department is authorized to pay from any department funds
available to him for any department expenditure.
32-10-109
32-12-100.
It
is found, determined, and declared that the creation of the authority and the
carrying out of its corporate purpose are in all respects for the benefit of the
people of this state and that the authority is an institution of purely public
charity and will be performing an essential governmental function in the
exercise of the power conferred upon it by this article; and this state
covenants with the holders of the bonds that the authority shall not be required
to pay any taxes or assessments upon any of the property acquired or leased by
it or under its jurisdiction, control, possession, or supervision or upon its
activities in the operation or maintenance of the projects erected by it or upon
any fees, tolls, or other charges for the use of such projects or upon other
income received by the authority. The bonds of the authority, their transfer,
and the income therefrom shall at all times be exempt from taxation within this
state.
32-10-110
32-12-101.
Any
action to protect or enforce any rights under this article and any action
pertaining to validation of any bonds issued under this article brought in the
courts of this state shall be brought in the Superior Court of Fulton County,
which shall have exclusive original jurisdiction of such actions.
ARTICLE
3
32-10-120.
32-12-110.
This
part
article
shall be known and may be cited as the 'Georgia Transportation Infrastructure
Bank Act.'
32-10-121.
32-12-111.
(a)
There shall be created within the State
Road and
Tollway
Transportation
Authority an instrumentality of the state to be known as the Georgia
Transportation Infrastructure Bank.
(b)
The bank shall be governed by the
board of
the State
Road and
Tollway
Transportation
Authority as provided in this
chapter
article.
(c)
The corporate purpose of the bank is to assist in financing qualified projects
by providing loans and other financial assistance to government units for
constructing and improving highway and transportation facilities necessary for
public purposes, including economic development. The exercise by the bank of a
power conferred in this
part
article
is an essential public function.
(d)
The bank shall establish and maintain at least the four following accounts
in the
authority fund:
(1)
State and local roadway account;
(2)
State and local nonroadway account;
(3)
Federal roadway account; and
(4)
Federal nonroadway account.
32-10-122.
32-12-112.
As
used in this
part
article,
the term:
(1)
'Authority' means the State Transportation Authority.
(1)(2)
'Bank' means the Georgia Transportation Infrastructure Bank.
(2)
'Board' means the board of the State Road and Tollway Authority.
(3)
'Department of Transportation' means the Georgia Department of Transportation
and its successors.
(4)
'Eligible costs' means, as applied to a qualified project to be financed from
the federal roadway account, the costs that are permitted under applicable
federal laws, requirements, procedures, and guidelines in regard to
establishing, operating, and providing assistance from the bank. As applied to
a qualified project to be financed from the state and local roadway account,
these costs include the costs of preliminary engineering, traffic and revenue
studies, environmental studies, right of way acquisition, legal and financial
services associated with the development of the qualified project, construction,
construction management, facilities, and other costs necessary for the qualified
project. As applied to any qualified project to be financed from the federal
nonroadway account, these costs include the costs of preliminary engineering,
traffic and revenue studies, environmental studies, right of way acquisition,
legal and financial services associated with the development of the qualified
project, construction, construction management, equipment, facilities, and other
nonoperating costs necessary for the qualified project. As applied to any
qualified project to be financed from the state and local nonroadway account,
these costs include the costs of preliminary engineering, traffic and revenue
studies, environmental studies, right of way acquisition, legal and financial
services associated with the development of the qualified project, construction,
construction management, equipment, facilities, and other nonoperating costs
necessary for the qualified project.
(5)
'Eligible project' means a highway, including bridges, air transport and airport
facilities, and rail, or transit or bicycle facility project which provides
public benefits by either enhancing mobility and safety, promoting economic
development, or increasing the quality of life and general welfare of the
public. The term 'eligible project' also includes mass transit systems
including, but not limited to, monorail and monobeam mass transit systems.
There may be included as part of any such project all improvements necessary to
the full utilization thereof, including site preparation, roads and streets,
sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead
tracks, bridges, causeways, terminals for railroad, automotive, and air
transportation, transportation facilities incidental to the project, and the
dredging and improving of harbors and waterways, none of which foregoing
descriptive words shall be construed to constitute a limitation.
(6)
'Federal accounts' means, collectively, the separate accounts for federal
roadway funds and federal nonroadway funds.
(7)
'Financing agreement' means any agreement entered into between the bank and a
qualified borrower pertaining to a loan or other financial assistance. This
agreement may contain, in addition to financial terms, provisions relating to
the regulation and supervision of a qualified project, or other provisions as
the
board
authority
may determine. The term 'financing agreement' includes, without limitation, a
loan agreement, trust indenture, security agreement, reimbursement agreement,
guarantee agreement, bond or note, ordinance or resolution, or similar
instrument.
(8)
'Government unit' means a municipal corporation, county, community improvement
district, or any public operator of transit, including combinations of two or
more of these entities, acting jointly to construct, own, or operate a qualified
project, or any other state authority, board, commission, agency, or department
which may construct, own, or operate a qualified project.
(9)
'Loan' means an obligation subject to repayment which is provided by the bank to
a qualified borrower for all or a part of the eligible costs of a qualified
project. A loan may be disbursed in anticipation of reimbursement for or direct
payment of the eligible costs of a qualified project.
(10)
'Loan obligation' means a bond, note, or other evidence of an obligation issued
by a qualified borrower.
(11)
'Other financial assistance' includes, but shall not be limited to, grants,
contributions, credit enhancement, capital or debt reserves for bonds or debt
instrument financing, interest rate subsidies, provision of letters of credit
and credit instruments, provision of bond or other debt financing instrument
security, and other lawful forms of financing and methods of leveraging funds
that are approved by the
board
authority,
and, in the case of federal funds, as allowed by federal law.
(12)
'Project revenues' or 'revenues' means all rates, rents, fees, assessments,
charges, and other receipts derived or to be derived by a qualified borrower
from a qualified project or made available from a special source, and, as
provided in the applicable financing agreement, derived from any system of which
the qualified project is a part or from any other revenue producing facility
under the ownership or control of the qualified borrower including, without
limitation, proceeds of grants, gifts, appropriations and loans, including the
proceeds of loans made by the bank, investment earnings, reserves for capital
and current expenses, proceeds of insurance or condemnation and proceeds from
the sale or other disposition of property and from any other special source as
may be provided by the qualified borrower.
(13)
'Qualified borrower' means any government unit authorized to construct, operate,
or own a qualified project.
(14)
'Qualified project' means an eligible project which has been selected by the
bank to receive a loan or other financial assistance from the bank to defray an
eligible cost.
(15)
'State and local accounts' means, collectively, the separate accounts for state
and local roadway funds and state and local nonroadway funds.
32-10-123.
32-12-113.
In
administering the affairs of the bank, the
board
authority
may exercise any or all of the powers granted to the authority under
Parts 1 and
2 of this article
this
chapter, as well as the powers granted in
this
part
article.
Without limiting the generality of the foregoing, the
board
authority
is specifically authorized to issue bonds for the purposes of the bank, in the
same general manner provided in
Part 2 of
this article
Article 2 of
this chapter.
32-10-124.
32-12-114.
(a)
In addition to the powers contained elsewhere in this
article
chapter,
the
board
authority
has all power necessary, useful, or appropriate to fund, operate, and administer
the bank, and to perform its other functions including, but not limited to, the
power to:
(1)
Have perpetual succession;
(2)
Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in
this
part
article
for the administration of the bank's affairs and the implementation of its
functions, including the right of the
board
authority
to select qualifying projects and to provide loans and other financial
assistance;
(3)
Sue and be sued in the name of the bank;
(4)
Have a seal and alter it at its pleasure, although the failure to affix the seal
does not affect the validity of an instrument executed on behalf of the
bank;
(5)
Make loans to qualified borrowers to finance the eligible costs of qualified
projects and to acquire, hold, and sell loan obligations at prices and in a
manner as the
board
authority
determines advisable;
(6)
Provide qualified borrowers with other financial assistance necessary to defray
eligible costs of a qualified project;
(7)
Enter into contracts, arrangements, and agreements with qualified borrowers and
other persons and execute and deliver all financing agreements and other
instruments necessary or convenient to the exercise of the powers granted in
this
part
article;
(8)
Enter into agreements with a department, agency, or instrumentality of the
United States or of this state or another state for the purpose of providing for
the financing of qualified projects;
(9)
Establish:
(A)
Policies and procedures for the making and administering of loans and other
financial assistance; and
(B)
Fiscal controls and accounting procedures to ensure proper accounting and
reporting by the bank and government units;
(10)
Acquire by purchase, lease, donation, or other lawful means and sell, convey,
pledge, lease, exchange, transfer, and dispose of all or any part of its
properties and assets of every kind and character or any interest in it to
further the public purpose of the bank;
(11)
Procure insurance, guarantees, letters of credit, and other forms of collateral
or security or credit support from any public or private entity or
instrumentality of the United States for the payment of any bonds issued by it,
including the power to pay premiums or fees on any insurance, guarantees,
letters of credit, and other forms of collateral or security or credit
support;
(12)
Collect or authorize the trustee under any trust indenture securing any bonds to
collect amounts due under any loan obligations owned by it, including taking the
action required to obtain payment of any sums in default;
(13)
Unless restricted under any agreement with holders of bonds, consent to any
modification with respect to the rate of interest, time, and payment of any
installment of principal or interest, or any other term of any loan obligations
owned by it;
(14)
Borrow money through the issuance of bonds and other forms of indebtedness as
provided in
this
article
Article 2 of
this chapter;
(15)
Expend funds to obtain accounting, management, legal, financial consulting, and
other professional services necessary to the operations of the
bank;
(16)
Expend funds credited to the bank as the
board
authority
determines necessary for the costs of administering the operations of the
bank;
(17)
Establish advisory committees as the
board
authority
determines appropriate, which may include individuals from the private sector
with banking and financial
expertise,
including the requirement that the bank shall consult with the Department of
Transportation for the purpose of implementing the project accounting procedures
required by subparagraph (a)(9)(B) of Code Section
32-10-124;
(18)
Procure insurance against losses in connection with its property, assets, or
activities including insurance against liability for its acts or the acts of its
employees or agents or to establish cash reserves to enable it to act as a
self-insurer against any and all such losses;
(19)
Collect fees and charges in connection with its loans or other financial
assistance;
(20)
Apply for, receive, and accept from any source, aid, grants, or contributions of
money, property, labor, or other things of value to be used to carry out the
purposes of this
part
article
subject to the conditions upon which the aid, grants, or contributions are
made;
(21)
Enter into contracts or agreements for the servicing and processing of financial
agreements;
(22)
Accept and hold, with or without payment of interest, funds deposited with the
bank by government units and private entities; and
(23)
Do all other things necessary or convenient to exercise powers granted or
reasonably implied by this
part
article.
(b)
The bank shall not be authorized or empowered to be or to constitute a bank or
trust company within the jurisdiction or under the control of this state or an
agency of it or the Comptroller of the Currency or the Treasury Department of
the United States, or a bank, banker, or dealer in securities within the meaning
of, or subject to the provisions of, any securities, securities exchange, or
securities dealers' law of the United States or of this state. The use of the
word 'bank' in the 'Georgia Transportation Infrastructure Bank' is required by
federal law. For the express purposes of this
part
article,
the use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank
Act' does not violate Code Section 7-1-243. In addition, all deposits taken by
the Georgia Transportation Infrastructure Bank shall contain a notice stating
that the deposits are not insured by the Federal Deposit Insurance
Corporation.
32-10-125.
32-12-115.
(a)
The following sources may be used to capitalize the bank and for the bank to
carry out its purposes:
(1)
Appropriations by the General Assembly;
(2)
Federal funds available to the
state, as
approved by the Department of
Transportation;
(3)
Contributions, donations, and deposits from government units, private entities,
and any other source as may become available to the bank;
(4)
All moneys paid or credited to the bank, by contract or otherwise, payments of
principal and interest on loans or other financial assistance made from the
bank, and interest earnings which may accrue from the investment or reinvestment
of the bank's moneys;
(5)
Proceeds from the issuance of bonds as provided in this
part
chapter;
and
(6)
Other lawful sources not already dedicated for another purpose as determined
appropriate by the
board
authority.
(b)
Without limiting the provisions of subsection (a) of this Code section, it shall
be specifically provided that any local government may use the proceeds of any
local funds which may be hereafter made available by law for the purposes of
this
part
article,
including without limitation the funding of eligible projects and contributions,
donations, and deposits to the bank.
32-10-126.
32-12-116.
(a)
Earnings on balances in the federal accounts must be credited and invested
according to federal law. Earnings on state and local accounts must be credited
to the state and local roadway account or state and local nonroadway account
that generates the earnings. The bank may establish accounts and subaccounts
within the state and local accounts and federal accounts as considered desirable
to effectuate the purposes of this
part
article,
or to meet the requirements of any state or federal programs.
(b)
For necessary and convenient administration of the bank, the
board
authority
shall establish federal and state and local accounts and subaccounts within the
bank necessary to meet any applicable federal law requirements or as the bank
shall determine necessary or desirable in order to implement the provisions of
this
part
article.
(c)
The bank shall comply with all applicable federal laws and regulations
prohibiting the commingling of certain federal funds deposited in the
bank.
32-10-127.
32-12-117.
(a)
The bank may provide loans and other financial assistance to a government unit
to pay for all or part of the eligible costs of a qualified project. The term
of the loan or other financial assistance shall not exceed the useful life of
the project. The bank may require the government unit to enter into a financing
agreement in connection with its loan obligation or other financial assistance.
The
board
authority
shall determine the form and content of loan applications, financing agreements,
and loan obligations including the term and rate or rates of interest on a
financing agreement. The terms and conditions of a loan or other financial
assistance from federal accounts shall comply with applicable federal
requirements.
(b)
The
board
authority
shall determine which projects are eligible projects and then select from among
the eligible projects qualified projects. Preference may be given to eligible
projects which have local financial support.
32-10-128.
32-12-118.
(a)
Qualified borrowers are authorized to obtain loans or other financial assistance
from the bank through financing agreements. Qualified borrowers entering into
financing agreements and issuing loan obligations to the bank may perform any
acts, take any action, adopt any proceedings, and make and carry out any
contracts or agreements with the bank as may be agreed to by the bank and any
qualified borrower for the carrying out of the purposes contemplated by this
part
article.
(b)
In addition to the authorizations contained in this
part
article,
all other statutes or provisions permitting government units to borrow money and
issue obligations, including, but not limited to Article 3 of Chapter 82 of
Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in
obtaining a loan or other financial assistance from the bank to the extent
determined necessary or useful by the government unit in connection with any
financing agreement and the issuance, securing, or sale of loan obligations to
the bank.
(c)
A qualified borrower may receive, apply, pledge, assign, and grant security
interests in project revenues to secure its obligations as provided in this
part
article.
A qualified borrower may fix, revise, charge, and collect fees, rates, rents,
assessments, and other charges of general or special application for the
operation or services of a qualified project, the system of which it is a part,
and any other revenue producing facilities from which the qualified borrower
derives project revenues to meet its obligations under a financing agreement or
to provide for the construction and improving of a qualified
project.
32-10-129.
32-12-119.
The
bank is performing an essential governmental function in the exercise of the
powers conferred upon it and shall not be required to pay taxes or assessments
upon property or upon its operations or the income therefrom, or taxes or
assessments upon property or loan obligations acquired or used by the bank or
upon the income therefrom.
32-10-130.
32-12-120.
(a)
If a government unit fails to collect and remit in full all amounts due to the
bank on the date these amounts are due under the terms of any note or other
obligation of the government unit, the bank shall notify the appropriate state
officials who shall withhold all or a portion of the funds of the state and all
funds administered by the state and its agencies, boards, and instrumentalities
allotted or appropriated to the government unit and apply an amount necessary to
the payment of the amount due.
(b)
Nothing contained in this Code section mandates the withholding of funds
allocated to a government unit which would violate contracts to which the state
is a party, the requirements of federal law imposed on the state, or judgments
of a court binding on the state.
32-10-131.
32-12-121.
Neither
the
board
authority
nor any officer, employee, or committee of the bank acting on behalf of it,
while acting within the scope of this authority, is subject to any liability
resulting from carrying out any of the powers given in this
part
article.
32-10-132.
32-12-122.
Notice,
proceeding, or publication, except those required in this
part
article,
shall not be necessary to the performance of any act authorized in this
part
article
nor shall any act of the bank be subject to any referendum.
32-10-133.
32-12-123.
Following
the close of each state fiscal year, the bank shall submit an annual report of
its activities for the preceding year to the Governor, the Lieutenant Governor,
and the Speaker of the House of Representatives and make such report available
to the General Assembly. The bank also shall submit an annual report to the
appropriate federal agency in accordance with requirements of any federal
program."
PART
IV
Miscellaneous Provisions; Cross-References
Miscellaneous Provisions; Cross-References
SECTION
4-1.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Georgia Regional Transportation Authority," or "State Road and
Tollway Authority" wherever any such term occurs with "State Transportation
Authority":
(1)
Code Section 12-7-7.1, relating to preparation of erosion and sediment control
plans;
(2)
Code Section 12-7-17, relating to exemptions from provisions as to erosion and
sediment control;
(3)
Code Section 35-2-101, relating to jurisdiction of the Motor Carrier Compliance
Division of the Department of Public Safety;
(4)
Code Section 36-60-21, relating to contracts by local governments with private
companies to operate toll roads;
(5)
Code Section 40-6-54, relating to designation of certain lanes by the Department
of Transportation;
(6)
Code Section 40-16-2, relating to the Department of Driver
Services;
(7)
Code Section 45-15-13, relating to the Attorney General representing certain
state authorities;
(8)
Code Section 48-7-40.19, relating to a tax credit for diesel particulate
emission reduction equipment;
(9)
Code Section 50-17-21, relating to definitions relative to state financing and
investment;
(10)
Code Section 50-17-22, relating to the State Financing and Investment
Commission; and
(11)
Code Section 50-18-72, relating to the disclosure of public
records.
SECTION
4-2.
The
following Code section of the Official Code of Georgia Annotated is amended by
replacing "State Transportation Board" wherever such term occurs with "State
Transportation Authority":
(1)
Code Section 46-9-272, relating to definitions relative to the Georgia Rail
Passenger Authority.
SECTION
4-3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "State Transportation Board" wherever such term occurs with
"Department of Transportation":
(1)
Code Section 6-1-1, relating to the powers and duties of the Department of
Transportation over aviation and aviation facilities;
(2)
Code Section 6-3-1, relating to construction and maintenance of air facilities
by the Department of Transportation;
(3)
Code Section 22-3-42, relating to condemnation of roads or highways;
and
(4)
Code Section 46-3-201, relating to electric membership
corporations.
SECTION
4-4.
Code
Section 12-3-198 of the Official Code of Georgia Annotated, relating to the
location and relocation of highways, streets and bridges in connection with
Stone Mountain Park, is amended by revising subsections (a) and (c) as
follows:
"(a)
The State
Transportation Board
Upon approval
of the State Transportation Authority, the Department of
Transportation is authorized to make such
studies and estimates in connection with the location and relocation of
highways, roads, streets, and rights of way in connection with the project,
whether within or
without
outside
the project area, as may be necessary to the relocation of any roads, streets,
or highways within the property of the association. The
board
department
shall, at
the
its
own expense
of the
Department of Transportation, relocate
such roads, streets, and highways so as to conform to the plan of the
association for the development and improvement of the
project."
"(c)
The State
Transportation Board or its successors and
the
Upon approval
of the State Transportation Authority, the
Department of Transportation
are
is
empowered to acquire, in any manner permitted by law, real property, any
interest therein, or rights of way for the location and relocation of highways
and roads located in proximity to the project. The
board and
the department
are
is
authorized to expend any available funds for the purpose of such locating and
relocating and for constructing, improving, and maintaining any such highways
and roads; and the cost of any such undertaking shall be deemed a proper and
legitimate expense of
such board
or
the
department."
SECTION
4-5.
Code
Section 12-3-319 of the Official Code of Georgia Annotated, relating to the
location and relocation of highways, streets and bridges in connection with Lake
Lanier Islands, is amended by revising subsections (a) and (c) as
follows:
"(a)
The State
Transportation Board, or its successors, and
the
Upon approval
of the State Transportation Authority, the
Department of Transportation
are
is
authorized to make such studies and estimates in connection with the location
and relocation of highways, roads, streets, and rights of way in connection with
the islands, whether within or
without
outside
the islands, as may be necessary to the location or relocation of any roads,
streets, or highways within or
without
outside
the islands. The
board and
the department may, at
the
its
own expense
of the
department, locate or relocate such roads,
streets, and highways so as to conform to the plan of the authority for the
development and improvement of the islands."
"(c)
The State
Transportation Board, or its successors, and
the
Upon approval
of the State Transportation Authority, the
Department of Transportation
are
is
empowered to acquire, in any manner now permitted by law, real property, any
interest therein, or rights of way for the location and relocation of highways
and roads located in proximity to the islands and
are
is
authorized and empowered to expend any funds available to
such board
or such
the
department for the purpose of such locating and relocating, and for
constructing, improving, and maintaining any such highways and roads. The cost
of any such undertaking shall be deemed a proper and legitimate expense of
such board
or such
the
department."
SECTION
4-6.
Code
Section 12-9-55 of the Official Code of Georgia Annotated, relating to
registration of motor vehicles by counties without proof of inspection, is
amended by revising subsection (i) as follows:
"(i)
If it is determined that any county has registered responsible motor vehicles
without receiving proof from the owners that the responsible motor vehicles
satisfy all applicable requirements of Code Sections 12-9-45 and 12-9-48, the
director shall notify the
commissioner
secretary
of transportation that such an unlawful act has occurred. Upon such
notification, the State Transportation
Board
Authority
may at its discretion withhold
Department
of Transportation funding assistance from
any such county."
SECTION
4-7.
Code
Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties of
the Georgia State Patrol, is amended by revising paragraph (1) of subsection (a)
as follows:
"(1)
To enforce the laws of this state relating to the use, ownership, control,
licensing, and registration of motor vehicles and Code Sections
32-9-4
32-12-15
and 40-6-54, relating to designation of restricted travel
lanes;"
SECTION
4-8.
Code
Section 35-2-101 of the Official Code of Georgia Annotated, relating to
jurisdiction, duties, and powers of the Motor Carrier Compliance Division of the
Department of Public Safety, is amended by revising paragraph (8) of subsection
(b) as follows:
"(8)
Enforcement of Code Sections
32-9-4
32-12-15
and 40-6-54, relating to designation of restricted travel
lanes;"
SECTION
4-9.
Code
Section 40-2-76 of the Official Code of Georgia Annotated, relating to license
plates for vehicles using alternative fuel, is amended by revising subsection
(b) as follows:
"(b)
Subject to subsection (d) of this Code section, the commissioner shall design a
special license plate to be issued for alternative fueled vehicles, which
license plate shall be similar in design to the license plate issued to all
other residents of the state except that the commissioner shall place a
distinctive logo or emblem immediately to the left of the letters and numbers on
the license plate which shall distinguish the vehicle as an alternative fueled
vehicle eligible to travel in travel lanes designated for such vehicles under
paragraph (4) of subsection (a) of Code Section
32-9-4
32-12-15.
The words 'alternative fueled vehicle' shall be imprinted on such special
license plate in lieu of the county name decal."
SECTION
4-10.
Code
Section 40-2-135.1, relating to suspension of offender's motor vehicle
registration for multiple violations of toll provisions, is amended by revising
said Code section as follows:
"40-2-135.1.
As
provided in subsection (c) of Code Section
32-10-64
32-12-60,
the motor vehicle registration of any owner who has failed to pay, within 30
days of the date of notice thereof, the amount determined by the Office of State
Administrative Hearings as due and payable for one or more violations of such
subsection, shall be immediately suspended by operation of
law."
SECTION
4-11.
Code
Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving
on divided highways, controlled-access roadways, and emergency lanes, is amended
by revising subsection (d) as follows:
"(d)
Nothing in this Code section shall prohibit the use of a FlexAuto lane in the
manner permitted under Code Section
32-9-4.1
32-12-16."
SECTION
4-12.
Code
Section 40-6-54 of the Official Code of Georgia Annotated, relating to the
designation of travel lanes for the exclusive use of certain vehicles, is
amended by revising subsections (a) and (b) as follows:
"(a)
The Department of
Transportation,
with the approval of the State Transportation
Authority, may designate travel lanes on
any road in the state highway system for the exclusive use of certain vehicles,
as provided in Code Section
32-9-4
32-12-15;
provided, however, that where such designation has been made, the road shall be
appropriately marked with signs or other roadway markers or markings to inform
the traveling public of the restrictions imposed.
(b)
Any person who violates subsection (b) of Code Section
32-9-4
32-12-15
shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine:
(1)
Not to exceed $75.00 for the first such offense;
(2)
Not to exceed $100.00 for the second such offense;
(3)
Not to exceed $150.00 for the third such offense; and
(4)
Not to exceed $150.00 plus one point on such person's driver's license as
provided for under Code Section 40-5-57 for the fourth or subsequent
offense."
SECTION
4-13.
Code
Section 40-16-2 of the Official Code of Georgia Annotated, relating to the
primary responsibilities of the Department of Driver Services, is amended by
revising paragraph (10) of subsection (b) as follows:
"(10)
Enforcement of Code Sections
32-9-4
32-12-15
and 40-6-54, relating to designation of restricted travel lanes is transferred
to the Department of Public Safety;"
SECTION
4-14.
Code
Section 45-12-170 of the Official Code of Georgia Annotated, relating to the
Office of Planning and Budget to perform planning and development function,
powers and duties generally, and recommendations of planned communities for
state development assistance, is amended by revising subsection (d) as
follows:
"(d)
The Office of Planning and Budget shall recommend for certification for state
development assistance all planned communities which meet the requirements of
subsection (c) of this Code section. Such recommendations shall be made to
the secretary
of transportation and the
chairmen of
the State Transportation Board,
chairpersons
of the State Board of Education, the Board
of Natural Resources, and the Board of Community Affairs. If a majority of said
chairmen
officials
approve any recommendation, the Governor shall be authorized to certify such
planned community as eligible for state development
assistance."
SECTION
4-15.
Code
Section 45-12-203 of the Official Code of Georgia Annotated, relating to
membership on the Governor's Development Council, is amended by revising
subsections (a) and (b) as follows:
"(a)
The members of the
board of
directors of the Georgia Regional Transportation
Authority
State
Transportation Authority provided by
Code
Section 50-32-4
Chapter 12 of
Title 32, upon their initial appointment
and thereafter, shall constitute the membership of the council. Membership on
that authority or the council shall not constitute an appointment to an office
of honor or trust for purposes of subsection (a) of Code Section
50-32-4.
(b)
The chair of the
Georgia
Regional Transportation Authority
State
Transportation Authority shall serve as
the chair of the council."
SECTION
4-16.
Code
Section 50-17-23 of the Official Code of Georgia Annotated, relating to general
obligation and guaranteed revenue debts, sinking and common reserve funds,
appropriations, investments, and taxation to pay debt service requirements, is
amended by revising the introductory language of subsection (a) as
follows:
"(a)
General obligation
debt. General obligation debt may not be
incurred until the General Assembly has enacted legislation stating the
purposes, in general or specific terms, for which such issue of debt is to be
incurred, specifying the maximum principal amount of the issue, and
appropriating an amount at least sufficient to pay the highest annual debt
service requirements for the issue. Appropriations made in each fiscal year, as
provided in this subsection, for debt service purposes shall not lapse for any
reason and shall continue in effect until the debt for which such appropriation
was authorized shall have been incurred; but the General Assembly may repeal any
such appropriation at any time prior to the incurring of such debt. Following
the incurring of debt in any fiscal year for any purpose for which an
appropriation has been made, there shall be deposited in the sinking fund
provided for in paragraph (1) of this subsection an amount equal to the highest
annual debt service requirements for such debt coming due in any succeeding
fiscal year. On or prior to the end of such fiscal year, the commission shall
certify to the fiscal officer of the state the amount of the appropriation for
any purpose which has been transferred to the sinking fund and the amount of the
anticipated highest annual debt service requirement of debt authorized to be
issued in such fiscal year for any purpose by resolution of the commission but
which actually will be incurred in the next succeeding fiscal year. The
remaining appropriation for any purpose, after deducting the aggregate amounts
described in the preceding sentence, shall lapse, except that any such amount
attributable to an appropriation to general obligation debt for the construction
and improvement of public roads and bridges shall not lapse but shall be
paid to the
Department of Transportation
disbursed to
the State Public Transportation Fund. The
General Assembly may provide in an appropriation of highest annual debt service
requirements that if the commission determines not to incur the debt so
authorized, the commission may expend the appropriation as capital outlay for
the purposes specified in the appropriation. The appropriation as capital
outlay shall lapse at the end of the fiscal year of the appropriation unless
committed as provided by law. The appropriation as highest annual debt service
shall expire as authorization for debt when the funds are committed as capital
outlay but shall otherwise lapse as provided by law."
SECTION
4-17.
Code
Section 50-17-25, relating to incurring public debt by resolution, sale of
evidences of indebtedness, form of obligations, validation of bonds, civil
claims and actions, is amended by revising subsection (b) to add a new paragraph
to read as follows:
"(4)
A resolution authorizing general obligation debt to acquire, construct, develop,
extend, enlarge, or improve highways or other public transportation projects
must be preceded by a resolution of the State Transportation Agency approving
the issuance under the allocations, guidelines, and policies of the State
Transportation
Authority."
SECTION
4-18.
Code
Section 50-23-4 of the Official Code of Georgia Annotated, relating to
definitions relative to the Environmental Facilities Authority, is amended by
revising subparagraph (B) of paragraph (12) as follows:
"(B)
Projects authorized by the
Georgia
Regional Transportation Authority created by Chapter 32 of this title as defined
in such chapter
State
Transportation Authority, where the
authority has been directed to issue revenue bonds, bonds, notes, or other
obligations to finance such project or the cost of a project in whole or in
part, provided that the authority's power with respect to such projects
authorized by the
Georgia
Regional Transportation Authority
State
Transportation Authority shall be limited
to providing such financing and related matters as authorized by the
Georgia
Regional Transportation Authority
State
Transportation
Authority."
SECTION
4-19.
Code
Section 52-3-5 of the Official Code of Georgia Annotated, relating to the
exercise of the power of eminent domain along the intracoastal waterway, is
amended by revising said Code section as follows:
"52-3-5.
If
for any reason the Department of Transportation is unable to secure any such
property or rights required by the United States government for the construction
and maintenance of the intracoastal waterway from the Savannah River to
Cumberland Sound by voluntary agreement with the owner or owners thereof on
terms and conditions satisfactory to it, the department is vested with the power
to condemn the same and in so doing to employ the way, means, method, and
procedure of Chapter 2 of Title 22 and Article 6 of Chapter 3 of Title 22,
relating to the acquisition of property by condemnation on the part of the State
of Georgia and of the United States; and in all instances any general and
specific benefits to the owner or owners of such property or lands shall be
offset against any damages to such property or lands. When the easement or
property is thus acquired, a deed shall be executed conveying it to the United
States. All easements granted under the authority of this Code section shall be
approved by the
State
Transportation Board
State
Transportation Authority and shall be
executed by the commissioner of transportation."
PART
V
Provisions Repealing the Georgia Regional Transportation Authority
Provisions Repealing the Georgia Regional Transportation Authority
SECTION
5-1.
Chapter
32 of Title 50 of the Official Code of Georgia Annotated, relating to the
Georgia Regional Transportation Authority, is repealed in its entirety and
designated as reserved.
PART
VI
Effective Date; Repealer
Effective Date; Repealer
SECTION
6-1.
This
Act shall become effective on July 1, 2009, except for Chapter 11A of Title 32
and Code Section 32-12-5 of the Official Code of Georgia Annotated, as enacted
by this Act, which shall become effective upon the Governor's
signature.
SECTION
6-2.
All
laws and parts of laws in conflict with this Act are repealed.
