Bill Text: GA SB40 | 2009-2010 | Regular Session | Introduced
Bill Title: Transportation; General Assembly may designate agencies/authorities to control projects; state highway system
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2009-01-26 - Senate Read and Referred [SB40 Detail]
Download: Georgia-2009-SB40-Introduced.html
09 LC 34
2029
Senate
Bill 40
By:
Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Stoner of
the 6th and Pearson of the 51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to
the powers and duties of the Department of Transportation generally, so as to
specify that the General Assembly may designate agencies or authorities to
control projects involving the state highway system; to amend Article 2 of
Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to
the State Road and Tollway Authority, so as to remove control of the authority
from the Department of Transportation; to provide for projects to be contracted
for and constructed by the authority; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers
and duties of the Department of Transportation generally, is amend by revising
paragraph (1) of subsection (a) as follows:
"(1)
The department shall plan, designate, improve, manage, control, construct, and
maintain a state highway system and shall have control of and responsibility for
all 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, the
General Assembly may by general law specifically allow other state agencies or
authorities to have control of and responsibility for designated types of
projects involving the state highway
system.
However,
In
addition, 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 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 and
subject to the department'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 agree must be
relocated in order to avoid conflicts between the rapid transit authority's
facilities and the state highway system;"
SECTION
2.
Article
2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating
to the State Road and Tollway Authority, is amended by revising paragraph (5) of
Code Section 32-10-63, relating to powers generally of the State Road and
Tollway Authority, as follows:
"(5)
To make such contracts, leases, or conveyances as the legitimate and necessary
purposes of this article 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)
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;
(C)
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
authority
all contracts for the construction of projects;"
SECTION
3.
Said
article is further amended by revising Code Section 32-10-66, relating to the
duty of the authority to prescribe rules and regulations for projects, as
follows:
"32-10-66.
It
shall be the duty of the authority to prescribe rules and regulations
as approved
by the department for the operation of
each project constructed under this article, including rules and regulations to
ensure maximum use of such project. The authority is authorized to promulgate
such rules and regulations for the use and occupancy of the project as may be
necessary and proper for the public's safety and convenience, for the
preservation of its property, and for the collection of
tolls."
SECTION
4.
Said
article is further amended by revising Code Section 32-10-67, relating to the
study, financing, construction, and operation of new projects and cooperation of
the Department of Transportation, as follows:
"32-10-67.
(a)
The Governor, in his
or
her discretion
or upon the
recommendation of the State Transportation
Board, is authorized and empowered to call
a
joint
meeting of the authority
and the
board for the purpose of initiating all
projects which may be considered under the authority of this article. Upon the
concurrence of the
Governor, a
majority of the board, and the authority,
the board
or the authority is authorized and
empowered to commence the study of any given project or projects and to provide
for their construction. An appropriate resolution of such
joint
meeting shall provide for
divisions
of duties and responsibilities
between the
authority and the board in connection with
such studies. In keeping with such resolution or resolutions, the authority
and the
board are
is
authorized, in the performance of
their
its
assigned duties, to expend from any sums available such sums as may be necessary
for the survey and study and completion of any project or projects; and such
expenditures may include those necessary for all traffic surveys, expert
studies, and all other expense reasonably necessary in establishing the
feasibility of any given project and in the execution of all plans,
specifications, and all other things necessary for revenue bond financing and
construction, including all supervision of every kind required in its
completion.
If such
expenditures, or any part of them, shall be undertaken by the board, the board
shall keep proper records which shall reflect the amounts spent on each and
every project study. Upon completion of any given project or projects financed
by any given revenue bond issued, so long as there shall be funds available in
the hands of the authority from the issue of revenue bonds to finance such
project or projects, the board may demand the reimbursement of such
expenditures; however, if not reimbursed, said expenditures shall be legitimate
expenses of operation of the board. The
authority, upon the completion or receipt of such studies or plans and
specifications or other aids, shall proceed, if such project or projects are
possible, to finance, acquire rights of way, construct, and operate such
projects pursuant to its purposes, powers, and duties.
(b)
Upon the
concurrence
of the board
approval of
the authority, the Department of
Transportation shall have the right to provide maintenance and operational
assistance to the authority as may be necessary to effectuate the purposes of
this article,
including,
but not limited
to,
authorizing employees of the department to assist the authority in the
collection of tolls on authority projects. The authority shall reimburse the
department for such assistance."
SECTION
5.
Said
article is further amended by revising Code Section 32-10-68, relating to the
letting of contracts by competitive bids, as follows:
"32-10-68.
All
contracts of the authority for the construction of any project authorized by
this article,
except as otherwise provided in Part 4 of this
article, shall be let to the reliable
bidder submitting the lowest sealed bid upon plans and specifications approved
by the
department
authority.
The procedures for letting such bids shall conform to those prescribed for the
department in Code Sections 32-2-64 through 32-2-72."
SECTION
6.
Said
article is further amended by revising Code Section 32-10-72, relating to the
authority fund, as follows:
"32-10-72.
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
shall
be 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;
(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;
(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."
SECTION
7.
Said
article is further amended by adding a new part to read as follows:
"Part
4
32-10-140.
As
used in this part, the term:
(1)
'Board' means the State Transportation Board.
(2)
'Department' means the Department of Transportation.
(3)
'Local governing authority' includes the governing authority of any county or
municipality or any transit authority.
(4)
'Project' means a project subject to the provisions of subsection (b) of Code
Section 32-10-141 or other projects which the authority deems appropriate for
letting pursuant to the procedures of this part.
32-10-141.
(a)
The staff of the authority and the staff of the department shall jointly
identify and report to the board by July 31 of each odd-numbered year those 20
projects on the department's State Transportation Improvement Plan or otherwise
identified by the department or the authority that afford the greatest gains in
congestion mitigation. By that date and with respect to each such project, the
department shall report to the board whether construction of such project will
be initiated within two years of such date and identify the specific available
and complete funding source for each such project.
(b)
Any project identified pursuant to subsection (a) of this Code section that will
not be initiated by the department within two years of the reporting date or
that does not have specific available and complete funding may be let and
constructed by the authority utilizing the procedures of this part. The
department shall cooperate in all respects at the direction of the authority in
the letting, construction, maintenance, and operation of such projects,
including without limitation providing such access and control of portions of
the state highway system as may be requested by the authority from time to time
for such purposes.
32-10-142.
(a)(1)
The authority shall evaluate a project to determine, in the judgment of the
authority, appropriate or desirable levels of state, local, and private
participation in financing such project. In making such determination, the
authority shall be authorized and encouraged to seek the advice and input of the
department, affected local governing authorities, and the private financial and
construction sectors.
(2)
The authority shall be authorized to issue a written request for proposal
indicating in general terms the scope of the project, the proposed financial
participations in the project, and the factors that will be used in evaluating
the proposal and containing or incorporating by reference other applicable
contractual terms and conditions, including any unique capabilities or
qualifications that will be required of the contractor. Public notice of such
request for proposal shall be made at least 90 days prior to the date set for
receipt of proposals in substantially the same manner utilized by the department
to solicit requests for proposals or in other manner as provided for by rule or
regulation of the authority.
(3)
Upon receipt of a proposal or proposals responsive to the request for proposals,
the authority shall accept written public comment, solicited in the same manner
as provided for notice of proposals, for a period of 30 days beginning at least
ten days after the date set for receipt of proposals. In addition, the
authority shall hold at least one public hearing on such proposals not later
than the conclusion of the period for public comment.
(4)
The authority shall engage in individual discussions with two or more
respondents deemed fully qualified, responsible, and suitable on the basis of
initial responses and with emphasis on professional competence and ability to
meet the level of private financial participation called for by the authority.
Repetitive informal interviews shall be permissible. In the event that any
local governing authority has agreed to consider financial participation in the
project, a representative of such local governing authority, appointed by such
local governing authority, may participate in such discussions and interviews.
At the discussion stage, the authority may discuss nonbinding estimates of total
project costs, including, but not limited to, life cycle costing and nonbinding
estimates of price for services. Proprietary information from competing
respondents shall not be disclosed to the public or to competitors. At the
conclusion of such discussions, on the basis of evaluation factors published in
the request for proposal and all information developed in the selection process,
the authority, with the input of any participating local governing authority,
shall select in the order of preference two or more respondents whose
qualifications and proposed services are deemed most meritorious. Negotiations
shall then be conducted, beginning with the respondent ranked first and with the
participation of the designated representative of any participating local
governing authority. If a contract satisfactory and advantageous to the
authority and any participating local governing authority can be negotiated at a
price considered fair and reasonable, the award shall be made to that
respondent. Otherwise, negotiations with the respondent ranked first shall be
formally terminated, negotiations conducted with the respondent ranked second,
and so on until such a contract can be negotiated at a fair and reasonable
price. Notwithstanding the foregoing, if the terms and conditions for multiple
awards are included in the request for proposal, a public body may award
contracts to more than one respondent. Should the authority determine in
writing and in its sole discretion that only one respondent is fully qualified,
or that one respondent is clearly more highly qualified and suitable than the
others under consideration, a contract may be negotiated and awarded to that
respondent.
(5)
Nothing in this Code section shall require the authority to continue
negotiations or discussions arising out of any request for proposal, and the
authority, in its sole discretion, may terminate the process provided for by
this Code section at any time.
(6)
The authority shall be authorized to promulgate reasonable rules or regulations
to assist in its evaluation of the proposal and to implement the purposes of
this part. The authority shall report the content of such rules or regulations
to the chairpersons of the Transportation Committees of the Senate and House of
Representatives upon the promulgation thereof and shall make quarterly reports
to the same chairpersons of all of its activities undertaken pursuant to the
provisions of this Code section.
(b)
Any contracts entered into pursuant to this part may authorize funding to
include tolls, fares, or other user fees and tax increments for use of the
transportation facility that is the subject of the proposal. Such funding may
be distributed by contract among the participants in the project as may be
provided for by contract. The authority may take any action to obtain federal,
state, or local assistance for a qualifying project that serves the public
purpose of this part and may enter into any contracts required to receive such
assistance. The authority may determine that it serves the public purpose of
this part for all or any portion of the costs of a qualifying project to be
paid, directly or indirectly, from the proceeds of a grant or loan made by the
federal, state, or local government or any instrumentality thereof. The
department or the authority may agree to make grants or loans to the operator
from time to time from amounts received from the federal, state, or local
government or any agency or instrumentality.
(c)
The authority shall be authorized to delegate such duties and responsibilities
under this Code section to its executive director as it deems appropriate from
time to time; provided, however, that the final approval of contracts provided
for herein shall be by action of the board of the authority.
(d)
The power of eminent domain shall not be delegated to any private entity with
respect to any project commenced or proposed pursuant to this
part."
SECTION
8.
This
Act shall become effective on July 1, 2009.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.