HB297: HB297 Ad valorem tax; define multipurpose off-highway vehicle; provisions

26 HB 297/AP House Bill 297 (AS PASSED HOUSE AND SENATE) By: Representatives Anderson of the 10th, Rhodes of the 124th, Meeks of the 178th, Williams of the 148th, Huddleston of the 72nd, and others A BILL TO BE ENTITLED AN ACT To amend Titles 12, 32, 36, 40, 45, 48, and 50 of the Official Code of Georgia Annotated,1 relating to conservation and natural resources, highways, bridg es, and ferries, local2 government, motor vehicles and traffic, public officers and employees, revenue and taxation,3 and state government, respectively, so as to abolish the Georgi a Regional Transportation4 Authority; to change the name, jurisdiction, governance, and powers of the Atlanta-region5 Transit Link "ATL" Authority; to transfer all assets, obligations, liabilities, and employees6 of such authorities to the Georgia Transportation Efficiency Au thority; to provide a board7 for such authority; to provide for meetings; to provide for pow ers and duties of such8 authority; to authorize the delegation of certain powers of the Governor relative to designated9 recipients of federal funds for transit projects, state-wide tr ansportation plans, and10 transportation improvement programs to such authority in certain instances; to provide for11 approval of developments of regional impact in certain instance s; to provide for annual12 reports; to extend the sunset for authority of local governing bodies to collect a retail sales13 and use tax for purposes of the Metropolitan Atlanta Rapid Tran sit Authority; to revise14 provisions relative to the multicounty transportation special purpose local option sales tax15 and the transit special purpose local option sales and use tax; to abolish the Governor's16 Development Council; to provide for a short title; to provide for definitions; to provide for17 H. B. 297 - 1 - 26 HB 297/AP conforming changes; to provide for related matters; to provide for an effective date; to repeal18 conflicting laws; and for other purposes.19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 PART I21 SECTION 1-1.22 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended23 by repealing in its entirety Chapter 32, relating to the Georgi a Regional Transportation24 Authority, and designating said chapter as reserved.25 SECTION 1-2.26 Said title is further amended by repealing Chapter 39, relating to the Atlanta-region Transit27 Link "ATL" Authority, and reenacting said chapter as follows:28 "CHAPTER 3929 ARTICLE 130 50-39-1.31 This chapter shall be known and may be cited as the 'Georgia Tr ansportation Efficiency32 Authority Act.'33 50-39-2.34 As used in this chapter, the term:35 (1) 'Authority' means the Georgia Transportation Efficiency Authority.36 H. B. 297 - 2 - 26 HB 297/AP (2) 'Board' means the board of directors for the authority cre ated pursuant to Code37 Section 50-39-5.38 (3) 'Clean Air Act' means the federal Clean Air Act, as amende d in 1990 and codified39 at 42 U.S.C. Sections 7401 through 7671q.40 (4) 'Compliance zone county' means a county within a nonattainment area.41 (5) 'Cost of a project' or 'cost of any project' means:42 (A) All costs of acquisition, by purchase or otherwise, constr uction, assembly,43 installation, modification, renovation, extension, rehabilitati on, operation, or44 maintenance incurred in connection with any project of the auth ority or any part45 thereof;46 (B) All costs of real property or rights in property, fixtures, or personal property used47 in or in connection with or necessary for any project of the authority or for any facilities48 related thereto, including but not limited to the cost of all land, interests in land, estates49 for years, easements, rights, improvements, water rights, and c onnections for utility50 services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the51 cost of securing any such franchises, permits, approvals, licen ses, or certificates; the52 cost of preparation of any application therefor; and the cost of all fixtures, machinery,53 equipment, furniture, and other property used in or in connection with or necessary for54 any project of the authority;55 (C) All costs of engineering, surveying, planning, environmental assessments, financial56 analyses, and architectural, legal, and accounting services and all expenses incurred by57 engineers, surveyors, planners, environmental scientists, fisca l analysts, architects,58 attorneys, accountants, and any other necessary technical personnel in connection with59 any project of the authority;60 (D) All expenses for inspection of any project of the authority;61 (E) All fees of any type charged by the authority in connection with any project of the62 authority;63 H. B. 297 - 3 - 26 HB 297/AP (F) All expenses of or incidental to determining the feasibility or practicability of any64 project of the authority;65 (G) All costs of plans and specifications for any project of the authority;66 (H) All costs of title insurance and examinations of title with respect to any project of67 the authority;68 (I) Repayment of any loans for the advance payment of any part of any of the69 foregoing costs, including interest thereon and any other expenses of such loans; and70 (J) Administrative expenses of the authority and such other ex penses as may be71 necessary or incidental to any project of the authority or the financing thereof or the72 placing of any project of the authority in operation.73 (6) 'County' means any county created under the Constitution or laws of this state.74 (7) 'Local government' or 'local governing authority' means any municipal corporation75 or county or any state or local authority, board, or political subdivision created by the76 General Assembly or pursuant to the Constitution and laws of this state.77 (8) 'Metropolitan planning organization' means the forum for cooperative transportation78 decision making for a metropolitan planning area.79 (9) 'Metropolitan transportation plan' means the official intermodal transportation plan80 that is developed and adopted through the metropolitan transportation planning process81 for a metropolitan planning area.82 (10) 'Municipal corporation' means any city or town in this state.83 (11) 'Nonattainment area' means any county designated by the U nited States84 Environmental Protection Agency in the Code of Federal Regulations on December 31,85 1998, as a county which is included in whole or in part within a nonattainment area under86 the federal Clean Air Act and which has been subsequently desig nated by the board,87 through resolution or regulation, as a county having a history of excess levels of ozone,88 carbon monoxide, or particulate matter.89 H. B. 297 - 4 - 26 HB 297/AP (12) ' Obligation' m eans any bond, revenue bond, note, lease, contract, evidence of90 indebtedness, debt, or other obligation of the authority, the s tate, or local governments91 which is authorized to be issued under this chapter or under the Constitution or other laws92 of this state, including refunding bonds.93 (13) 'Office of profit or trust under the state' means any off ice created by or under the94 provisions of the Constitution, but does not include elected of ficials of county or local95 governments.96 (14) 'Project' means the acquisition, construction, installation, modification, renovation,97 repair, extension, renewal, replacement, or rehabilitation of l and, interest in land,98 buildings, structures, facilities, or other improvements and the acquisition, installation,99 modification, renovation, repair, extension, renewal, replaceme nt, rehabilitation, or100 furnishing of fixtures, machinery, equipment, furniture, or other property of any nature101 whatsoever used on, in, or in connection with any such land, in terest in land, building,102 structure, facility, or other improvement, all for the essential public purpose of providing103 facilities and services to aid in the accomplishment of the purposes of the authority.104 (15) 'Transit' means regular, continuing shared-ride or shared-use surface transportation105 services that are made available by or funded by a public entity or quasi-public entity and106 are open to the general public or open to a segment of the general public defined by age,107 disability, or low income. Such term includes services or systems operated by or under108 contract with the state, a state agency or authority, a local g overnment, a community109 improvement district, or any other similar entity of this state and all accompanying110 infrastructure and services necessary to provide access to these modes of transportation. 111 Such term excludes charter or sightseeing services; school bus services; courtesy shuttle112 and intrafacility or terminal services; limousine carriers; and ride share network services,113 transportation referral services, and taxi services as such terms are defined in Chapter 1114 of Title 40 and which are not paid for by a public entity.115 H. B. 297 - 5 - 26 HB 297/AP (16) 'Transportation improvement program' means a staged, mult iyear, intermodal116 program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects117 which is consistent with the metropolitan transportation plan.118 50-39-3.119 (a) There is created the Georgia Transportation Efficiency Authority as a body corporate120 and politic, which shall be deemed an instrumentality of the State of Georgia and a public121 corporation thereof, for purposes of managing or causing to be managed transit within this122 state; and by that name, style, and title such body may contract and be contracted with and123 bring and defend actions in all courts of this state. Upon designation by the Governor and124 pursuant to this chapter, such authority shall serve as the entity for approval of state-wide125 transportation plans and transportation improvement programs prepared by transportation126 management areas. The authority shall have perpetual existence. Any change in the name127 or composition of the authority shall in no way affect the vested rights of any person under128 this chapter or impair the obligations of any contracts existing under this chapter.129 (b) This Code section shall not be deemed to impair or interfere in any manner with any130 existing rights under a contract entered into prior to December 1, 2018, or any federal131 grants or agreements awarded or entered into prior to December 1, 2018. This Code132 section shall not be applicable to projects or services provide d for under the terms of a133 contract entered into as of December 1, 2018, under the authori ty granted pursuant to a134 local constitutional amendment set out at Ga. L. 1964, p. 1008, and the planning, funding,135 coordination, and delivery of such projects or services shall b e as provided for by such136 contract or contracts.137 50-39-4.138 (a) All assets, property, and legal rights and obligations, including, but not limited to, all139 bonded indebtedness, of the Georgia Regional Transportation Authority shall devolve by140 H. B. 297 - 6 - 26 HB 297/AP operation of law upon the Georgia Transportation Efficiency Aut hority on the effective141 date of this Act. The Atlanta-region Transit Link 'ATL' Author ity shall continue to be a142 body corporate and politic and an instrumentality and public corporation of the state to be143 known as the 'Georgia Transportation Efficiency Authority.' It shall have perpetual144 existence.145 (b) The rights, privileges, entitlements, and duties of partie s to contracts, leases,146 agreements, and other transactions, including commitments related to federal funds, entered147 into before the effective date of this Act by the Georgia Regional Transportation Authority148 and the Atlanta-region Transit Link 'ATL' Authority shall conti nue to exist, and none of149 these rights, privileges, entitlements, and duties are impaired or diminished by reason of150 the transfer of the functions to the authority. In all such in stances, the authority shall be151 substituted for the Georgia Regional Transportation Authority a nd the Atlanta-region152 Transit Link 'ATL' Authority and the authority shall succeed to the rights and duties under153 such contracts, leases, agreements, and other transactions, including commitments related154 to federal funds.155 (c) All persons employed by the Georgia Regional Transportatio n Authority and the156 Atlanta-region Transit Link 'ATL' Authority shall, on the effective date of this Act, become157 employees of the authority in similar capacities, as determined by the executive director. 158 Such employees shall be subject to the employment practices and policies of the authority159 on and after the effective date of this Act, but the compensati on and benefits of such160 transferred employees shall not be reduced as a result of such transfer. Employees who are161 subject to the rules of the State Personnel Board and thereby u nder the State Personnel162 Administration and who are transferred to the authority shall retain all existing rights under163 the State Personnel Administration. Retirement rights of such transferred employees164 existing under the Employees' Retirement System of Georgia or o ther public retirement165 systems on the day before the effective date of this Act shall not be impaired or interrupted166 by the transfer of such employees, and membership in any such r etirement system shall167 H. B. 297 - 7 - 26 HB 297/AP continue in the same status possessed by the transferred employees on the day before the168 effective date of this Act. Accrued annual and sick leave poss essed by the transferred169 employees on the day before the effective date of this Act shal l be retained by such170 employees as employees of the authority.171 (d) On the effective date of this Act, the authority shall receive custody of the real property172 in the custody of the Georgia Regional Transportation Authority and the Atlanta-region173 Transit Link 'ATL' Authority on the day before the effective date of this Act.174 (e) All equipment or other tangible property in the possession of the Georgia Regional175 Transportation Authority and the Atlanta-region Transit Link 'A TL' Authority which is176 used or held exclusively or principally by personnel transferre d under this Code section177 shall be transferred to the authority as of the effective date of this Act.178 50-39-5.179 (a) The management of the business and affairs of the authority shall be vested in a board,180 subject to the provisions of this chapter and to the provisions of bylaws adopted by the181 board as authorized by this chapter. For purposes of the initial appointment of members182 of the board pursuant to this Code section and until any board action is taken, the Governor183 shall be authorized to designate a county as a compliance zone county in accordance with184 the purposes of this chapter.185 (b) The board shall be composed of the following members:186 (1) Eight individuals appointed by the Governor, at least five of whom shall reside within 187 a compliance zone county;188 (2) Two individuals appointed by the President of the Senate, at least one of whom shall189 reside within a compliance zone county;190 (3) Two individuals appointed by the Speaker of the House of Representatives, at least191 one of whom shall reside within a compliance zone county; and192 (4) The commissioner of transportation.193 H. B. 297 - 8 - 26 HB 297/AP (c) All appointed members of the board and their successors shall each serve a term of four194 years and until the appointment and qualification of a successo r except as otherwise195 provided in this Code section. No person holding any other office of profit or trust under196 the state, other than the commissioner of transportation, shall serve upon the board. The197 chairperson of the board shall be appointed by the Governor, and a vice chairperson shall198 be selected annually from among the members by majority vote of those members present199 and voting. Vacancies in office shall be filled in the same ma nner as the original200 appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No201 vacancy on the board shall impair the right of the quorum of the remaining members then202 in office to exercise all rights and perform all duties of the board.203 (d) Members of the board shall be entitled to and shall be reimbursed for their actual travel204 expenses necessarily incurred in the performance of their duties and, for each day actually205 spent in the performance of their duties, shall receive the same per diem as do members of206 the General Assembly.207 (e) Members of the board shall be subject to removal by the ap pointing authority for208 misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the209 board without good and sufficient cause, abstention from voting unless authorized under210 subsection (e) of Code Section 50-39-6, or upon a finding of a violation of Code211 Section 45-10-3 pursuant to the procedures applicable to such Code section. A violation212 of Code Section 45-10-3 may also subject a member of the board to the penalties provided213 in subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) of Code Se ction 45-10-28, pursuant214 to subsection (b) of such Code section.215 (f) Members of the board shall be subject to the applicable pr ovisions of Chapter 10 of216 Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. Members217 of the board shall be public officers who are members of a state board for purposes of the218 financial disclosure requirements of Article 3 of Chapter 5 of Title 21. The members of219 the board shall be accountable in all respects as trustees. Th e board shall keep suitable220 H. B. 297 - 9 - 26 HB 297/AP books and records of all actions and transactions and shall submit such books together with221 a statement of the authority's financial position to the state auditor on or about the close of222 the state's fiscal year. The books and records shall be inspec ted and audited by the state223 auditor at least once each year.224 50-39-6.225 (a) The board shall make bylaws governing its own operation and shall have the power to226 make bylaws, rules, and regulations for the government of the authority and the operation,227 management, and maintenance of such projects as the board may determine appropriate to228 undertake from time to time.229 (b) Except as otherwise provided in this chapter, a majority of the members of the board230 then in office shall constitute a quorum for the transaction of business. The vote of a231 majority of the members of the board present at the time of the vote, if a quorum is present232 at such time, shall be the act of the board unless the vote of a greater number is required233 by law or by the bylaws of the board.234 (c) No vacancy on the board shall impair the right of a majority of the appointed members235 of the board from exercising all rights and performing all duties of the authority.236 (d) Meetings of the board, regular or special, shall be held at the time and place fixed by237 or under the bylaws, with no less than five days' public notice for regular meetings as238 prescribed in the bylaws and such notice as the bylaws may prescribe for special meetings. 239 Each member shall be given written notice of all meetings as pr escribed in the bylaws. 240 Meetings of the board may be called by the chairperson or by such other person or persons241 as the bylaws may authorize.242 (e) No member of the board may abstain from a vote other than for reasons constituting243 disqualification to the satisfaction of a majority of a quorum of the board on a record vote.244 H. B. 297 - 10 - 26 HB 297/AP 50-39-7.245 (a) An executive director shall be appointed by the board as the administrative head of the246 authority and shall serve at the pleasure of the board. The board shall set the salary of the247 executive director. The executive director of the State Road and Tollway Authority shall248 serve as the temporary executive director of the authority until the board is constituted and249 an executive director is appointed by such board. The executive director shall hire officers,250 agents, and employees, prescribe their duties and qualifications and fix their compensation,251 and perform such other duties as may be prescribed by the authority. Such officers, agents,252 and employees shall serve at the pleasure of the executive director.253 (b) The authority is assigned to the Department of Transportat ion for administrative254 purposes only.255 ARTICLE 2256 50-39-10.257 (a) This chapter shall operate uniformly throughout the state.258 (b) Except for the purpose of reviewing proposed transportation improvement programs259 prepared by metropolitan planning organizations in accordance w ith requirements260 specifically placed upon the Governor by federal law, the jurisdiction of the authority shall261 not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1262 and which is certified under 14 C.F.R. Part 139. In no event s hall the authority have263 jurisdiction to design, construct, repair, improve, expand, own , maintain, or operate any264 such airport or any facilities of such airport.265 (c) Any county which provided no transit services or was provided no transit services by266 a state authority on or before January 1, 2026, shall be prohibited from initiating any transit267 services within such county without passage of a resolution authorizing transit services by268 the board of commissioners of such county; provided, however, t hat, if such county is a269 H. B. 297 - 11 - 26 HB 297/AP compliance zone county, additional approval shall be required f rom the voters in a270 county-wide referendum called for such purpose.271 50-39-11.272 The authority shall have the following general powers and duties:273 (1) To sue and be sued in all courts of this state, the origin al jurisdiction and venue of274 any such action being the superior court of any county wherein a substantial part of the275 business was transacted, the tortious act, omission, or injury occurred, or the real property276 is located;277 (2) To have a seal and alter the same at its pleasure;278 (3) To plan, design, acquire, construct, add to, extend, impro ve, equip, operate, and279 maintain transit systems and transit projects which are include d within a state-wide280 transportation plan or transportation improvement program, and to contract with any281 state, regional, or local government, authority, or department or with any private person,282 firm, or corporation, for those purposes, and to enter into contracts and agreements with283 the Department of Transportation, county and local governments, and transit system284 operators for those purposes;285 (4) To make and execute contracts, lease agreements, and all other instruments necessary286 or convenient to exercise the powers of the authority or to further the public purpose for287 which the authority is created;288 (5) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or289 personal property of every kind and character, or any interest therein, in furtherance of290 the public purpose of the authorit y, in compliance, where requi red, with applicable291 federal law including without limitation the Uniform Relocation Assistance and Real292 Property Acquisition Policies Act of 1970, as amended, 42 U.S.C . Section 4601, et293 seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c);294 H. B. 297 - 12 - 26 HB 297/AP (6) To appoint an executive director who shall be executive officer and administrative295 head of the authority;296 (7) To extend grants for all or part of the cost or expense of any project of a political297 subdivision or other entity for the furtherance of the purposes of the authority upon such298 terms and conditions as the authority may deem necessary or des irable; and to adopt299 rules, regulations, and procedures for making such grants;300 (8) To collect fees and charges in connection with its commitm ents, management301 services, and servicing including, but not limited to, reimburs ements of costs of302 financing, as the authority shall determine to be reasonable and as shall be approved by303 the authority;304 (9) To acquire or contract to acquire from any person, firm, c orporation, local305 government, federal or state agency, or corporation by grant, p urchase, or otherwise,306 leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange,307 transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same;308 (10) To provide advisory, technical, consultative, training, e ducational, and project309 assistance services to the state and local government and to enter into contracts with the310 state and local government to provide such services. The state and local governments are311 authorized to enter into contracts with the authority for such services and to pay for such312 services as may be provided them;313 (11) To apply for and to accept any gifts or grants or loan guarantees or loans of funds314 or property or financial or other aid in any form from the fede ral government or any315 agency or instrumentality thereof, or from the state or any age ncy or instrumentality316 thereof, or from any other source for any or all of the purposes specified in this chapter317 and to comply, subject to the provisions of this chapter, with the terms and conditions318 thereof;319 (12) To lease to local governments any authority owned facilities or property;320 H. B. 297 - 13 - 26 HB 297/AP (13) To contract with state agencies or any local government for the use by the authority321 of any property, project, facilities, or services of the state or any such state agency or322 local government or for the use by any state agency or local government of any property,323 project, facilities, or services of the authority, and such sta te agencies and local324 governments are authorized to enter into such contracts;325 (14) To receive and use the proceeds of any tax levied to pay all or any part of the cost326 of any project or for any other purpose for which the authority may use its own funds327 pursuant to this chapter;328 (15) To use income earned on any investment for such corporate purposes of the329 authority as the authority in its discretion shall determine, including, but not limited to,330 the use of repaid principal and earnings on funds;331 (16) To cooperate and act in conjunction with industrial, commercial, medical, scientific,332 public interest, or educational organizations; with agencies of the federal government and333 this state and local government; with other states and their po litical subdivisions; and334 with joint agencies thereof, and such state agencies, local government, and joint agencies335 are authorized and empowered to cooperate and act in conjunctio n and to enter into336 contracts or agreements with the authority and local government to achieve or further the337 purposes of the authority;338 (17) To assist in planning in relation to the authority's tran sit services among all state,339 regional, and local authorities charged with planning responsibilities for such purposes340 by state or federal law;341 (18) To the extent permissible under federal law, to operate a s a receiver of federal342 grants, loans, and other moneys intended to be used for the provision of transit services;343 (19) To exercise any power granted by the laws of this state t o public or private344 corporations which is not in conflict with the public purpose of the authority;345 (20) To procure insurance against any loss in connection with its property and other346 assets or obligations;347 H. B. 297 - 14 - 26 HB 297/AP (21) To accept and use federal funds; to enter into any contracts or agreements with the348 United States or its agencies or subdivisions relating to the p lanning, financing,349 construction, improvement, operation, and maintenance of the authority's transit services350 or transit projects; and to do all things necessary, proper, or expedient to achieve351 compliance with the provisions and requirements of all applicab le federal aid acts and352 programs. Nothing in this chapter is intended to conflict with any federal law; and, in353 case of such conflict, such portion as may be in conflict with such federal law is declared354 of no effect to the extent of the conflict;355 (22) To coordinate with metropolitan planning organizations an d the Department of356 Transportation to include projects funded by the authority in whole or in part with federal357 aid funds in approved transportation improvement programs adopt ed and approved by358 designated metropolitan planning organizations and the Governor and in any transit plan359 adopted and approved by the designated metropolitan planning or ganization in360 compliance with the requirements of relevant portions of the regulations implementing361 the Clean Air Act including without limitation 40 C.F.R. Section 93.105(c)(1)(ii) and 40362 C.F.R. Section 93.122(a)(1), where such inclusion, approval, designation, or compliance363 is required by applicable federal law or regulation;364 (23) To provide planning and assistance to local authorities for purposes of grants issued365 prior to the effective date of this Act; 366 (24) To appoint and select officers, agents, and employees, in cluding engineering,367 architectural, and construction experts and attorneys, and to fix their compensation; and368 (25) To do all things necessary or convenient to carry out the powers conferred by this369 chapter.370 50-39-12.371 The provision of local government services and the utilization of funding mechanisms372 therefor consistent with the terms of this chapter shall not be subject to the provisions of373 H. B. 297 - 15 - 26 HB 297/AP Chapter 70 of Title 36; provided, however, that the authority s hall, where practicable,374 provide for coordination and consistency between the provision of such services pursuant375 to the terms of this chapter and the provision of such services pursuant to Chapter 70 of376 Title 36.377 50-39-13.378 (a) The Governor may delegate to the authority, by executive o rder, his or her powers379 under applicable federal transportation planning laws and regulations, including without380 limitation the power to serve as the designated recipient of fe deral funds for purposes of381 transit funding for capital projects and for financing and dire ctly providing public382 transportation under 49 U.S.C. Sections 5302 through 5304 for compliance zone counties.383 (b) The authority shall formulate an annual report of transit operated by the authority384 which shall be submitted by December 1 of each year to the Sena te and House385 Transportation Committees. Such report shall include information on the utilization of the386 authority's transit services, public funding subsidies for oper ations based upon a per387 passenger and per funding source, and operating metrics which i nclude customer388 satisfaction, on-time performance, safety and security issues, and administrative389 efficiencies of the authority.390 50-39-14.391 (a) The Governor may delegate to the authority, by executive o rder, his or her powers392 under applicable federal transportation planning laws and regulations, including without393 limitation the power to resolve revision disputes between metro politan planning394 organizations of compliance zone counties and the Department of Transportation under 40395 C.F.R. Section 93.105, the power to approve state-wide transpor tation improvement396 programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450 .312(b), 450.324(b),397 H. B. 297 - 16 - 26 HB 297/AP and 450.328(a), and the power of approval and responsibilities for public involvement398 under 23 C.F.R. Section 450.216(a).399 (b) In exercising the authority's delegated powers concerning proposed state-wide400 transportation plans and transportation improvement programs prepared by metropolitan401 planning organizations of compliance zone counties or by the De partment of402 Transportation:403 (1) Transportation plans and transportation improvement progra ms subject to the404 authority's delegated review powers shall be approved by the af firmative vote of a405 majority of the board to a motion made for that purpose;406 (2) The authority may request modification of such a plan or program and approve such407 proposal for modification of a plan or program by the affirmative vote of a majority of408 the board to a motion made for that purpose;409 (3) The board may set a date certain as a deadline for submiss ion of any such plan or410 program to the authority for review; and411 (4) If any such plan or program is not timely submitted for re view in compliance with412 a deadline set by the board, the authority may exercise its delegated power to disapprove413 such plan or program upon the affirmative vote of the majority of the board to a motion414 made for that purpose.415 50-39-15.416 In any case where a development of regional impact, as determined by the Department of417 Community Affairs pursuant to Ar ticle 1 of Chapter 8 of Title 5 0, is planned within a418 compliance zone county which requires the expenditure of state or federal funds by the419 state or any political subdivision, agency, authority, or instr umentality thereof, any420 expenditure of such funds shall be prohibited unless and until the plan for such421 development and such expenditure is reviewed and approved by th e authority. The422 decision of the authority to allow or disallow the expenditure of such funds shall be final423 H. B. 297 - 17 - 26 HB 297/AP and nonreviewable, except that such decision shall be reversed where a resolution for such424 purpose is passed by vote of three-fourths of the authorized me mbership of the county425 commission of the county in which the development of regional i mpact is planned or, if426 such development is within a municipality, by vote of three-fou rths of the authorized427 membership of the city council.428 50-39-16.429 The authority shall have all rights afforded the state by virtu e of the Constitution of the430 United States, and nothing in this chapter shall be construed to remove any such rights.431 50-39-17.432 Neither the members of the board nor any officer or employee of the authority acting on433 behalf thereof, while acting within the scope of his or her authority, shall be subject to any434 liability resulting from:435 (1) The construction, ownership, maintenance, or operation of any project financed with436 the assistance of the authority;437 (2) The construction, ownership, maintenance, or operation of any project authorized by438 the authority and owned by a local government; or439 (3) Carrying out any of the powers expressly given in this chapter.440 ARTICLE 3441 50-39-30.442 In accomplishing its purposes pursuant to this chapter, the aut hority may utilize, unless443 otherwise prohibited by law, any combination of the following funding resources:444 (1) Funds obtained for the purposes of providing transit services and transit projects by445 contract with, between, and among local governments;446 H. B. 297 - 18 - 26 HB 297/AP (2) Such federal funds as may from time to time be made available to the authority or447 for purposes coincident with the purposes of the authority; and448 (3) Such grants or contributions from persons, firms, corporations, or other entities as the449 authority may receive from time to time.450 50-39-31.451 The authority may serve as the entity to discharge all duties imposed on the state by any452 act of Congress allotting federal funds to be expended for tran sit projects and purposes. 453 Unless designated otherwise by the federal government, the authority shall be designated454 as the proper and sole authority to receive any of the federal transit funds apportioned by455 the federal government for compliance zone counties and may dis burse such funds in456 accordance with the purposes of this article. This Code sectio n shall not be deemed to457 impair or interfere in any manner with any existing rights unde r a contract entered into458 prior to December 1, 2018, or any federal grants or agreements awarded or entered into459 prior to December 1, 2018. This Code section shall not be appl icable to projects or460 services provided for under the terms of a contract entered int o as of December 1, 2018,461 under the authority granted pursuant to a local constitutional amendment set out at Ga. L.462 1964, p. 1008; and the planning, funding, coordination, and del ivery of such projects or463 services shall be as provided for by such contract or contracts.464 50-39-32.465 It is found, determined, and declared that the creation of this authority and the carrying out466 of its corporate purposes is in all respects for the benefit of the people of the state and that467 the authority is an institution of purely public charity and will be performing an essential468 governmental function in the exercise of the power conferred upon it by this chapter. For469 such reasons, the authority shall not be required to pay any taxes or assessments imposed470 by the state or any of its counties, municipal corporations, political subdivisions, or taxing471 H. B. 297 - 19 - 26 HB 297/AP districts upon any property acquired by the authority or under its jurisdiction, control,472 possession, or supervision or leased by it to others, or upon its activities in the operation473 or maintenance of any such property or on any income derived by the authority in the form474 of fees, recording fees, rentals, charges, purchase price, installments, or otherwise. The tax475 exemption provided in this chapter shall include an exemption from sales and use tax on476 property purchased by the authority or for use by the authority. The exemptions provided477 for by this Code section shall not apply to the sale or use of motor fuel as such term is478 defined in Code Section 48-9-2.479 ARTICLE 4480 50-39-40.481 (a) For the purposes of this Code section, the term 'lease agr eement' shall mean and482 include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other483 lease agreement having a term of not more than 50 years and concerning real, personal, or484 mixed property, any right, title, or interest therein by and between the state, the authority,485 a local government, or any combination thereof.486 (b) A local government by resolution of its governing body may enter into a lease487 agreement for the provision of transit service or transit projects utilizing facilities owned488 by the authority upon such terms and conditions as the authorit y shall determine to be489 reasonable, including, but not limited to, the reimbursement of all costs of construction and490 financing and claims arising therefrom.491 (c) Any lease agreement may provide for the construction of su ch transit project by the492 local government as agent for the authority. In such event, al l contracts for such493 construction shall be let by such local government in accordance with the provisions of law494 otherwise applicable to the letting of such contracts by such local government and with the495 provisions of state law pertaining to prevailing wages, labor standards, and working hours. 496 H. B. 297 - 20 - 26 HB 297/AP Any such lease agreement may contain provisions by which such local government shall497 indemnify the authority against any and all damages resulting from acts or omissions to act498 on the part of such local government or its officers, agents, or employees in constructing499 such facility or facilities, in letting any contracts in connection therewith, or in operating500 and maintaining the same.501 (d) Any lease agreement directly between the state or authorit y and a local government502 may contain provisions requiring the local government to perfor m any or all of the503 following:504 (1) In the case of a transit service or transit project, to es tablish and collect rates, fees,505 and charges so as to produce revenues sufficient to pay all or a portion of:506 (A) The costs of operation, maintenance, renewal, replacement, and repairs of the507 transit project of such local government; and508 (B) Outstanding bonds, notes, or other obligations incurred fo r the purposes of such509 transit project and to provide for the payment of all amounts as they shall become due510 and payable under the terms of such lease agreement, including amounts for the511 creation and maintenance of any required reserves;512 (2) To create and maintain reasonable reserves or other special funds; or513 (3) To create and maintain a special fund or funds as additional security for the punctual514 payment of any rentals due under such lease agreement and for the deposit therein of such515 revenues as shall be sufficient to pay said lease rentals and any other amounts becoming516 due under such lease agreements as the same shall become due and payable.517 50-39-41.518 (a) The authority may make grants to a local government to pay all or any part of the cost519 of a project. The authority and a local government may enter into such agreements as may520 be determined appropriate by the authority.521 H. B. 297 - 21 - 26 HB 297/AP (b) The authority may require as a condition of any grant to a local government that such522 local government shall perform any or all of the following:523 (1) In the case of grants for transit services or transit projects, establish and collect rates,524 fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:525 (A) Costs of operation, maintenance, replacement, renewal, and repairs; and526 (B) Outstanding indebtedness incurred for the purposes of such service or project,527 including the principal of and interest on the bonds, revenue b onds, notes, or other528 obligations issued by the local government, as the same shall become due and payable,529 and to create and maintain any required reserves;530 (2) Create and maintain such other special funds as may be required by the authority; and531 (3) Perform such other acts, including the conveyance of real and personal property532 together with all right, title, or interest therein to the auth ority, or take other actions as533 may be deemed necessary or desirable by the authority to secure the payment of the534 principal of and interest on such bonds, revenue bonds, notes, or other obligations and to535 provide for the remedies of the authority in the event of any d efault by such local536 government in such payment.537 (c) All local governments issuing and selling bonds, revenue b onds, notes, or other538 obligations to the authority are authorized to perform such act s, take such action, adopt539 such proceedings, and to make and carry out such contracts with the authority as may be540 contemplated by this chapter.541 ARTICLE 5542 50-39-50.543 This chapter, being for the welfare of this state and its inhab itants, shall be liberally544 construed to effect the purposes specified in this chapter.545 H. B. 297 - 22 - 26 HB 297/AP 50-39-51.546 No provision of Article 3 of Chapter 1 of Title 40 shall apply to any bus, other motor547 vehicle, or rapid rail system of the authority which provides transit services."548 PART II549 SECTION 2-1.550 Article 5B of Chapter 8 of Title 48 of the Official Code of Geo rgia Annotated, relating to551 special districts for transit purposes sales and use tax (Trans it SPLOST), is amended by552 revising Code Section 48-8-269.40, relating to definitions, as follows:553 "48-8-269.40.554 As used in this article, the term:555 (1) 'Authority' means the Atlanta-region Transit Link 'ATL' Authority created pursuant556 to Chapter 39 of Title 50.557 (2)(1) 'County' means any county created under the Constitution or laws of this state.558 (3)(2) 'Dealer' shall have the same meaning as provided for in paragraph (8) of set forth559 in Code Section 48-8-2.560 (4)(3) 'Intergovernmental agreement' means a contract entered into p ursuant to561 Article IX, Section III, Paragraph I of the Constitution.562 (5)(4) 'Nonattainment area' means those counties currently having or previously563 designated as having excess levels of ozone, carbon monoxide, or particulate matter in564 violation of the standards in the federal Clean Air Act, as amended in 1990 and codified565 at 42 U.S.C.A. Sections 7401 to 7671q, and which have been designated by the board of566 the Georgia Transportation Efficiency Authority, through resolu tion or regulation, as567 counties having excess levels of ozone, carbon monoxide, or particulate matter and which568 H. B. 297 - 23 - 26 HB 297/AP fall under the jurisdiction exercised by the Atlanta-region Transit Link 'ATL' Authority569 or any predecessor authority as described in Article 2 of Chapter 39 of Title 50.570 (6)(5) 'Qualified municipality' means a qualified municipality as defined in paragraph (4)571 of set forth in Code Section 48-8-110 and which is located wholly or partly wi thin a572 special district.573 (7) 'Regional transit plan' means the official multiyear plan for transit services and574 facilities adopted pursuant to Code Section 50-39-12.575 (8)(6) 'Transit' means regular, continuing shared-ride or shared-use surface transportation576 services that are made available by a public entity and are open to the general public or577 open to a segment of the general public defined by age, disability, or low income. Such578 term includes services or systems operated by or under contract with the state, a public579 agency or authority, a county or municipality, a community improvement district, or any580 other similar public entity of this state and all accompanying infrastructure and services581 necessary to provide access to these modes of transportation. Such term excludes charter582 or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal583 services, limousine carriers, and ride share network services, transportation referral584 services, and taxi services not paid for by a public entity.585 (9)(7) 'Transit projects' means and includes purposes to establish, enhance, operate, and586 maintain, or improve access to transit, including general oblig ation debt and other587 multiyear obligations issued to finance such projects, the operations and maintenance of588 such projects once constructed, and the contracted purchase of transit services from589 providers without direct capital investment."590 SECTION 2-2.591 Said article is further amended by revising Code Section 48-8-2 69.45, relating to notice,592 meeting, and resolution authorizing referendum, as follows:593 "48-8-269.45.594 H. B. 297 - 24 - 26 HB 297/AP (a)(1) Any county qualified to levy a tax pursuant to paragraph (2) of subsection (b) of595 Code Section 48-8-269.41 shall deliver or mail a written notice to the mayor or chief596 elected official in each qualified municipality located within the special district prior to597 the issuance of the call for the referendum. Such notice shall contain the date, time,598 place, and purpose of a meeting at which the governing authorities of the county and of599 each qualified municipality are to meet to discuss possible tra nsit projects from the600 regional transit plan for inclusion in the referendum and the rate of tax. The notice shall601 be delivered or mailed at least ten days prior to the date of t he meeting. The meeting602 shall be held at least 60 days prior to any issuance of the call for the referendum.603 (2) At the meeting the county and all qualified municipalities may select develop a list604 of potential transit projects for the county from the regional transit plan to be funded by605 the proceeds of the tax authorized by this article.606 (b) Following the meeting required by subsection (a) of this Code section, the county shall607 deliver or mail a written notice to the authority of the intent to call for a referendum to608 impose the tax authorized by this article. Such notice shall include a list of transit projects609 located within such county chosen from the regional transit plan which the county intends610 to fund with proceeds from the tax authorized under this article and the proposed operator611 of any such transit projects if such project or projects are se rvices which require an612 operator.613 (c) Upon receipt of such notice from a county, the authority shall approve or deny any or614 all projects within a submitted transit project list and the proposed operator of any transit615 projects if such project or projects are services which require an operator. In making a616 determination upon whether to approve transit projects, the aut hority shall take into617 consideration any other transit projects the authority has appr oved for any neighboring618 counties, any transit projects in progress in any neighboring counties, and any additional619 federal or state funding that may be available for any projects. The authority shall make620 a determination and send notification to a county approving or denying the submitted621 H. B. 297 - 25 - 26 HB 297/AP transit projects and operators, if applicable, no later than 20 days from the receipt of such622 list.623 (d)(b)(1) As soon as practicable after receipt of notice from the au thority the meeting624 required by subsection (a) of this Code section , the governing authority of the county625 desiring to call for a referendum shall, by a majority vote on a resolution offered for such626 purpose, submit the list of transit projects and the question of whether the tax should be627 approved to electors of the special district in the next scheduled election and shall notify628 the county election superintendent within the special district by forwarding to the629 superintendent a copy of such resolution calling for the imposition of the tax. Such list,630 or a digest thereof, shall be available during regular business hours in the office of the631 county clerk.632 (2) The resolution authorized by paragraph (1) of this subsect ion shall describe or633 identify:634 (A) The specific transit projects to be funded which shall have been selected from the635 regional transit plan and approved by the authority;636 (B) The approximate cost of such transit projects;637 (C) The operator selected for any transit project or projects proposed if such project or638 projects are services which require an operator; and639 (D) The maximum period of time, to be stated in calendar years, for which the tax may640 be imposed and the rate thereof. The maximum period of time for the imposition of the641 tax shall not exceed 30 years."642 SECTION 2-3.643 Said article is further amended in Code Section 48-8-269.57, relating to exclusive use of tax644 proceeds, audits, and payment of debt, by revising subsection (f) as follows:645 "(f)(1)(A)(i) If the proceeds of the tax are specified to be used solely for the purpose646 of payment of general obligation debt issued in conjunction with the imposition of the647 H. B. 297 - 26 - 26 HB 297/AP tax authorized to be levied pursuant to Part 2 of this article, then any net proceeds of648 the tax in excess of the amount required for final payment of such debt may be used649 for additional transit projects, provided that a subsequent int ergovernmental650 agreement meeting the requirements set forth in subsection (b) of Code651 Section 48-8-269.43 has been entered into. If a subsequent int ergovernmental652 agreement required by this division is not entered into, then s uch excess proceeds653 shall be subject to and applied as provided in paragraph (2) of this subsection.654 (ii) If the proceeds of the tax are specified to be used solel y for the purpose of655 payment of general obligation debt issued in conjunction with the imposition of the656 tax authorized to be levied pursuant to Part 3 of this article, then any net proceeds of657 the tax in excess of the amount required for final payment of such debt may be used658 for additional transit projects, provided that such projects ar e selected from the659 regional transit plan and approved by the authority. If approv al from the authority660 regarding additional transit projects to be funded with any excess net proceeds is not661 obtained, then such excess proceeds shall be subject to and applied as provided in662 paragraph (2) of this subsection.663 (B)(i) If the special district receives from the tax net proce eds in excess of the664 maximum cost of the transit projects stated in the resolution calling for the imposition665 of the tax or in excess of the actual cost of such projects when the tax was authorized666 to be levied pursuant to Part 2 of this article, then such excess proceeds may be used667 for additional transit projects, provided that a subsequent int ergovernmental668 agreement meeting the requirements set forth in subsection (b) of Code669 Section 48-8-269.43 has been entered into. If a subsequent int ergovernmental670 agreement required by this division is not entered into, then s uch excess proceeds671 shall be subject to and applied as provided in paragraph (2) of this subsection.672 (ii) If the special district receives from the tax net proceeds in excess of the maximum673 cost of the transit projects stated in the resolution calling for the imposition of the tax674 H. B. 297 - 27 - 26 HB 297/AP or in excess of the actual cost of such projects when the tax w as authorized to be675 levied pursuant to Part 3 of this article, then such excess pro ceeds may be used for676 additional transit projects, provided that such projects are selected from the regional677 transit plan and approved by the authority. If approval from the authority regarding678 additional transit projects to be funded with any excess net proceeds is not obtained,679 then such excess proceeds shall be subject to and applied as provided in paragraph (2)680 of this subsection.681 (2) Except as provided in paragraph (1) of this subsection, excess proceeds shall be used682 solely for the purpose of reducing any indebtedness of any coun ty within the special683 district other than indebtedness incurred pursuant to this article. If there is no such other684 indebtedness or if the excess proceeds exceed the amount of any such other indebtedness,685 then the excess proceeds shall next be paid into the general fund of such county, it being686 the intent that any funds so paid into the general fund of such county be used for the687 purpose of reducing ad valorem taxes."688 PART III689 SECTION 3-1.690 Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Co de of Georgia Annotated,691 relating to general provisions relative to solid waste manageme nt, is amended in Code692 Section 12-8-31, relating to state solid waste management plan and reporting, by revising693 subsection (b) as follows:694 "(b) The state solid waste management plan shall be submitted t o the Governor's695 Development Council and shall serve as the guide for the development of local plans and696 regional plans for solid waste management Reserved."697 SECTION 3-2.698 H. B. 297 - 28 - 26 HB 297/AP Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,699 is amended in Code Section 32-6-51, relating to unauthorized devices and structures within700 right of way or visible from public road, bus shelters, and com mercial advertisements by701 transit agency, by revising subparagraph (g)(1)(C) as follows:702 "(C) 'Transit agency' means any public agency, public corporation, or public authority703 existing under the laws of this state that is authorized by any general, special, or local704 law to provide any type of transit services within any area of this state, including, but705 not limited to, the Department of Transportation, the Atlanta-region Transit Link 'ATL'706 Authority Georgia Transportation Efficiency Authority, and the Georgia Rail Passenger707 Authority."708 SECTION 3-3.709 Said title is further amended by revising Code Section 32-9-11, relating to transit services710 with local governments, as follows:711 "32-9-11.712 (a) As used in this Code section, the term:713 (1) 'Local government' means any county, municipality, or political subdivision of this714 state, or any combination thereof.715 (2) 'Nonattainment area' means those counties currently having or previously deemed to716 have excess levels of ozone, carbon monoxide, or particulate ma tter in violation of the717 standards in the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A.718 Sections 7401 to 7671q and which fall under the jurisdiction ex ercised by the719 Atlanta-region Transit Link 'ATL' Authority or any predecessor authority as described720 in Article 2 of Chapter 39 of Title 50 shall have the same meaning as set forth in Code721 Section 50-39-2.722 (3) 'Transit agency' means any public agency, public corporati on, or public authority723 existing under the laws of this state that is authorized by any general, special, or local law724 H. B. 297 - 29 - 26 HB 297/AP to provide any type of transit services within any area of this state but shall not include725 the Department of Transportation, the Atlanta-region Transit Li nk 'ATL' Authority,726 Georgia Transportation Efficiency Authority, or the Georgia Rail Passenger Authority.727 (4) 'Transit facilities' means everything necessary and approp riate for the conveyance728 and convenience of passengers who utilize transit services.729 (5) 'Transit services' means all modes of transportation serving the general public which730 are appropriate to transport people and their personal effects by highway or other ground731 conveyance but does not include rail conveyance.732 (b)(1) Any transit agency may, by contract with any local government for any period not733 exceeding 50 years, provide transit services or transit facilities for, to, or within that local734 government or between that local government and any area in which such transit agency735 provides transit services or transit facilities, except that if such services or facilities are736 to be funded wholly or partially by fees, assessments, or taxes levied and collected within737 a special district created pursuant to Article IX, Section II, Paragraph VI of the738 Constitution, such contract may only become effective if a majo rity of the qualified739 voters residing within the special district to be taxed authori ze such contract or tax by740 referendum in a special election which shall be called and conducted for that purpose by741 the election superintendent of such local government.742 (2)(A) Any services provided in a county outside a nonattainme nt area by a transit743 agency pursuant to a contract authorized by this subsection shall be conditioned upon744 such services being included in a plan for transit services adopted or approved by the745 governing authority of the county and by the governing authorit ies of any746 municipalities within which transit services are to be provided as provided in the plan.747 (B) Any services provided by a transit agency in a county within a nonattainment area748 pursuant to a contract authorized by this subsection and entere d into on or after749 January 1, 2019, shall be for services:750 (i) Approved approved by a local governing authority;751 H. B. 297 - 30 - 26 HB 297/AP (ii) Included in the regional transit plan adopted pursuant to Code Section 50-39-12;752 and753 (iii) Through agreement with the Atlanta-region Transit Link 'ATL' Authority.754 (c) The purpose of this Code section is to facilitate the exer cise of the power to provide755 public transportation services conferred by Article IX, Section II, Paragraph III of the756 Constitution. This Code section does not repeal any other law conferring the power to757 provide public transportation services or prescribing the manner in which such power is to758 be exercised. This Code section does not restrict the power of the Department of759 Transportation, the Atlanta-region Transit Link 'ATL' Authority the Georgia Transportation760 Efficiency Authority, or the Georgia Rail Passenger Authority to contract with any local761 government to provide transit services or transit facilities, including but not limited to rail762 transit services and facilities, pursuant to Article IX, Sectio n III, Paragraph I of the763 Constitution."764 SECTION 3-4.765 Said title is further amended in Code Section 32-9-13, relating to definitions relative to the766 Metropolitan Atlanta Rapid Transit Authority, by repealing in its entirety paragraph (7).767 SECTION 3-5.768 Said title is further amended by adding a new Code section to read as follows:769 "32-9-13.1.770 Notwithstanding any provision of Section 25 of the MARTA Act to the contrary, the retail771 sales and use tax levied pursuant to the authority granted by t he MARTA Act shall be772 levied until and including June 30, 2067."773 H. B. 297 - 31 - 26 HB 297/AP SECTION 3-6.774 Said title is further amended in Code Section 32-9-15, relating to procedures, conditions, and775 limitations for levy of additional retail sales and use tax by Fulton County for MARTA776 services and transit oriented development, by revising subsection (c) as follows:777 "(c) Following the meeting required by subsection (b) of this Code section and prior to any778 tax being imposed under this Code section, the qualified munici palities and governing779 authority representing at least 70 percent of the population of Fulton County outside the780 boundaries of the city may execute an intergovernmental agreement memorializing their781 agreement to the levy of a tax and the rate of such tax; provided, however, that no tax shall782 be authorized to be imposed under this Code section if no such intergovernmental783 agreement is entered into. An intergovernmental agreement authorized by this subsection784 shall, at a minimum, include:785 (1) If such tax is to be levied after January 1, 2019, a list of the projects proposed to be786 funded from the tax which shall be from the regional transit pl an and approved by the787 Atlanta-regional Transit Link 'ATL' Authority;788 (2) The rate of tax to be imposed upon approval of a referendum; and789 (3)(2) The duration of the tax to be imposed upon approval of a referendum."790 SECTION 3-7.791 Said title is further amended by repealing in its entirety Code Section 32-9-17, relating to792 logo and branding by MARTA, and designating it as reserved.793 SECTION 3-8.794 Said title is further amended by revising Code Section 32-9-19, relating to transportation795 services contracts with MARTA, as follows:796 "32-9-19.797 H. B. 297 - 32 - 26 HB 297/AP (a) Notwithstanding the provisions of the MARTA Act, any county, municipality, special798 tax or community improvement district, political subdivision of this state within the799 metropolitan area, or any combination thereof may execute a tra nsportation services800 contract with the authority to provide public transportation services, facilities, or both, for,801 to, or within such county, municipality, district, subdivision, or combination thereof. A802 transportation services contract executed pursuant to this subsection:803 (1) Shall not be a rapid transit contract subject to the conditions established therefor in804 Code Sections Section 32-9-20 and 32-9-22 or Section 24 of the MARTA Act;805 (2) May not utilize a method of financing those public transportation services or facilities806 provided under the contract which involves:807 (A) The issuance of bonds under subsection (c) of Section 24 of the MARTA Act;808 (B) The levy of the special retail sales and use tax described and authorized in809 Section 25 of the MARTA Act; or810 (C) Both methods described in subparagraphs (A) and (B) of this paragraph; and811 (3) Shall require that the costs of any transportation services and facilities contracted for,812 as determined by the board on the basis of reasonable estimates, allocations of costs and813 capital, and projections, shall be borne by one or more of the following:814 (A) Fares;815 (B) Other revenues generated by such services or facilities;816 (C) Any subsidy provided, directly or indirectly, by or on beh alf of the public entity817 with which the authority contracted for the services and facilities; or818 (D) A special retail sales and use tax described and authorize d in Article 5B of819 Chapter 8 of Title 48; and820 (4) Shall be for services on the regional transit plan and approved by the Atlanta-regional821 Transit Link 'ATL' Authority.822 (b) Notwithstanding the provisions of the MARTA Act, any county, municipality, special823 tax or community improvement district, political subdivision of this state outside the824 H. B. 297 - 33 - 26 HB 297/AP metropolitan area, or any combination thereof may execute a tra nsportation services825 contract with the authority to provide public transportation services, facilities, or both, for,826 to, or within such county, municipality, district, subdivision, or combination thereof. 827 Under a transportation services contract executed pursuant to this subsection:828 (1) The services and facilities shall be provided pursuant to a transportation services829 contract meeting the requirements therefor under subsection (a) of this Code section; and830 (2) The contract shall not authorize the construction of any extension of or addition to831 the authority's existing rapid rail system."832 SECTION 3-9.833 Said title is further amended in Code Section 32-9-20, relating to rapid transit contract834 between MARTA and Gwinnett County, by revising subsection (b) as follows:835 "(b) The board of commissioners of Gwinnett County, subject to the conditions provided836 in this Code section, shall be authorized to enter into a rapid transit contract for and on837 behalf of the county with the authority for the provision of th e aforesaid services and838 extension of the existing system to and from and within said county subject to approval by839 a majority of the qualified voters within said county voting in a referendum as provided for840 in subsection (c) of this Code section. As a condition precede nt to the board of841 commissioners of Gwinnett County holding such referendum, if a rapid transit contract is842 entered into after January 1, 2019, the rapid transit service t o be provided through the843 execution of a rapid transit contract shall be from the regional transit plan and approved by844 the Atlanta-regional Transit Link 'ATL' Authority."845 SECTION 3-10.846 Said title is further amended in Code Section 32-9-23, relating to retail sales and use tax in847 Gwinnett County, rate, proceeds, and utilization, by revising paragraph (3) of subsection (c)848 as follows:849 H. B. 297 - 34 - 26 HB 297/AP "(3) The effective date of the tax authorized to be levied purs uant to this Code section850 shall be the first day of the first calendar month following ap proval of the tax in the851 referendum required by Code Sections Section 32-9-20 and 32-9-22 unless a later852 effective date shall have been specified in the resolution or ordinance providing for the853 levy of the tax; provided, however, that, with respect to services which are regularly854 billed on a monthly basis, the tax shall become effective with the first regular billing855 period coinciding with or following the effective date of the tax."856 SECTION 3-11.857 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended858 in Code Section 36-1-27, relating to referendum approval requir ed prior to expenditure of859 public funds for establishment of fixed guideway transit, defin itions, submission of the860 question to qualified voters, and ballot language, by revising paragraph (4) of subsection (a)861 and subsection (b) as follows:862 "(4) 'Mass transportation regional system participant' means any county within a special863 district created pursuant to Article 5 of Chapter 8 of Title 48 in which mass transportation864 is provided within such special d istrict, to such special distr ict, or from such special865 district by a multicounty regional transportation authority cre ated by an Act of the866 General Assembly, including but not limited to the Atlanta-regi on Transit Link 'ATL'867 Authority or the Metropolitan Atlanta Rapid Transit Authority.868 (b) Prior to an expenditure of any public funds for the establ ishment, maintenance, and869 operation of a fixed guideway transit in any county that is a mass transportation regional870 system participant, the governing authority of such county shall obtain approval from:871 (1) The Atlanta-region Transit Link 'ATL' Authority that such project is on the regional872 transit plan adopted by such authority pursuant to Code Section 50-39-12; and873 (2) A a majority of qualified voters of the county in a separate referendum question as874 provided for in this Code section."875 H. B. 297 - 35 - 26 HB 297/AP SECTION 3-12.876 Said title is further amended by revising Code Section 36-80-26 , relating to multi-county877 community improvement districts for transit projects, as follows:878 "36-80-26.879 (a) As used in this Code section, the term:880 (1) 'County' means any county created under the Constitution or laws of this state.881 (2) 'Regional transit plan' means the official multiyear plan for transit services and882 facilities adopted pursuant to Code Section 50-39-12.883 (3) 'Transit' means regular, continuing shared-ride or shared-use surface transportation884 services that are made available by a public entity and are open to the general public or885 open to a segment of the general public defined by age, disability, or low income. Such886 term includes services or systems operated by or under contract with the state, a public887 agency or authority, a county or municipality, a community improvement district, or any888 other similar public entity of this state and all accompanying infrastructure and services889 necessary to provide access to these modes of transportation. Such term excludes charter890 or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal891 services, limousine carriers, and ride share network services, transportation referral892 services, and taxi services not paid for by a public entity.893 (4)(3) 'Transit projects' means and includes purposes to establish, enhance, operate, and894 maintain, or improve access to transit, including general oblig ation debt and other895 multiyear obligations issued to finance such projects.896 (b) A community improvement district for the purpose of the provision of transit projects897 which are wholly or partially located in more than one county m ay be created under the898 authority granted in and consistent with the processes set forth in Section VII of Article IX899 of the Georgia Constitution. Any such multicounty community improvement district may900 be authorized to be created upon the passage of a local act of the General Assembly by901 each county in which such community improvement district is to be wholly or partially902 H. B. 297 - 36 - 26 HB 297/AP located. The transit projects to be provided by such community improvement district shall903 be projects included in the regional transit plan and through a greement with the904 Atlanta-region Transit Link 'ATL' Authority. The administrative body of any such905 community improvement district shall include one member appoint ed by the governing906 authority of each county or municipality which is located wholly or partially within such907 community improvement district."908 SECTION 3-13.909 Part 2 of Article 3 of Chapter 1 of Title 40 of the Official Co de of Georgia Annotated,910 relating to certification of motor carriers, is amended in Code Section 40-1-100, relating to911 definitions, by revising paragraphs (9) and (10) as follows:912 "(9) 'Government endorsed rideshare program' means a vanpool, c arpool, or similar913 rideshare operation conducted by or under the auspices of a state or local governmental914 transit instrumentality, such as GRTA, a transportation management association, or a915 community improvement district, or conducted under the auspices o f s u c h t r a n s i t916 agencies, including through any form of contract between such transit instrumentality and917 private persons or businesses.918 (10) 'GRTA' means the Georgia Regional Transportation Authorit y, which is itself919 exempt from regulation as a carrier under Code Section 50-32-71 Reserved."920 SECTION 3-14.921 Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor,922 is amended by repealing in its entirety Article 6, relating to planning and development, and923 designating said article as reserved.924 H. B. 297 - 37 - 26 HB 297/AP SECTION 3-15.925 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is926 amended in Code Section 48-8-243, relating to criteria for development of investment list of927 projects and programs, report, and gridlock relative to special district transportation sales and928 use tax, by revising subsection (b) of as follows:929 "(b) With regard to any area of a special district that is not part of an MPO, following930 receipt of the report provided for in subsection (a) of this Code section, and after receiving931 comments, if any, from members of the General Assembly whose di stricts lie wholly or932 partially within such area, the local governments in such area may submit projects to the933 director to assemble a list of example investments for such spe cial district that comport934 with the special district's investment criteria. With regard to any area of a special district935 that is part of an MPO, following receipt of the report provided for in subsection (a) of this936 Code section, and after receiving comments, if any, from member s of the General937 Assembly whose districts lie wholly or partially within such area, the local governments938 may submit projects to the director and to the MPO for the director to use to assemble a list939 of example investments for such special district that comport w ith the special district's940 investment criteria. The list of example investments for each special district shall not be941 required to be fiscally constrained within the budget of the re venues projected to be942 generated by each special district's sales and use tax and shall be submitted to the executive943 committee for each regional transportation roundtable for consi deration. The executive944 committee in collaboration with the director shall choose from the list of example945 investments to create the draft investment list, which shall be approved by majority vote946 of the executive committee. Such draft investment list shall be fiscally constrained within947 the ranges of revenues projected to be generated by the special district sales and use tax,948 as determined by the state fiscal economist. The special district's draft investment list as949 approved by the executive committee shall be considered by the regional transportation950 roundtable. The director shall deliver the draft investment li st to the local governments,951 H. B. 297 - 38 - 26 HB 297/AP MPO's, and members of the General Assembly whose districts lie wholly or partially952 within each special district for each special district not late r than August 15, 2011. The953 director shall include in the draft investment list a statement of the specific public benefits954 to be expected upon the completion of each project on the inves tment list and how the955 special district's investment criteria are furthered by each pr oject. Examples of specific956 public benefits include, but are not limited to, congestion mit igation, increased lane957 capacity, public safety, and economic development. The directo r shall include in such958 delivery notice of the date, time, and location of each distric t's executive committee959 meeting and final regional transportation roundtable. Prior to holding the final regional960 transportation roundtable, the executive committee shall hold, after proper notice to the961 public, at least two public meetings in the region for the purp ose of receiving public962 comment on the draft regional investment list. The executive committee shall prepare and963 deliver to all members of the regional roundtable and the director a summary of the public964 comment on the regional investment list. The local governments, MPO's, and members of965 the General Assembly whose districts lie wholly or partially wi thin such special district966 may submit comments on the draft investment list addressed to both the director and the967 executive committee no later than two weeks prior to the dates of the final regional968 transportation roundtable and the executive committee meeting, respectively, for the969 special district. At the final regional transportation roundta ble, the draft investment list970 approved by the executive committee shall be considered for approval by a majority vote971 of the representatives present at the roundtable. Should the r oundtable reject the draft972 investment list approved by the executive committee, the roundtable then may negotiate973 amendments that meet the district's investment criteria to the draft investment list, which974 shall be chosen from the list of example investments for each special district, each voted975 on separately and requiring a majority vote of the representatives present at the roundtable976 for approval. Upon consideration of all offered amendments, upon motion, the roundtable977 shall vote as to the approval of the amended draft list, requir ing a majority vote of the978 H. B. 297 - 39 - 26 HB 297/AP representatives present at the roundtable. The approved invest ment list, if any, shall be979 provided to the director. On or before October 15, 2011, the director shall deliver such list980 to the commission, the commissioner of transportation, the exec utive director of the981 Atlanta-region Transit Link 'ATL' Authority, local governments, MPO's, and members of982 the General Assembly whose districts lie wholly or partially within each special district for983 each special district. The approved investment list shall include:984 (1) The specific transportation projects to be funded;985 (2) The anticipated schedule of such projects;986 (3) The approximate cost of such projects; and987 (4) The estimated amount of net proceeds to be raised by the tax including the amount988 of proceeds to be distributed to local governments pursuant to subsection (e) of Code989 Section 48-8-249.990 If a roundtable does not approve the original draft investment list or an amended draft991 investment list on or before October 15, 2011, then a special d istrict gridlock shall be992 declared by the director and no election shall be held in such special district. The question993 of levying the tax shall not be submitted to the voters of the special district until after 24994 months immediately following the month in which the special dis trict gridlock was995 reached."996 SECTION 3-16.997 Said title is further amended in Code Section 48-8-249, relatin g to use of proceeds within998 special district exclusively for projects on approved investment list and contracts, by revising999 subsections (b) and (c) of as follows:1000 "(b) The commission shall be responsible for the proper applica tion of the proceeds1001 received from the tax authorized by this article for the approv ed investment list for each1002 special district. The commission shall delegate the management of the budget, schedule,1003 execution, and delivery of the projects contained in the approved investment list as follows:1004 H. B. 297 - 40 - 26 HB 297/AP (1) The commission and shall contract with the Department of Transportation for all1005 transportation projects except bus and rail mass transit systems and passenger rail in any1006 special district the boundaries of which are not wholly contained within a single MPO;1007 and1008 (2) The commission shall contract with the Atlanta-region Transit Link 'ATL' Authority1009 only for projects that are bus and rail mass transit systems and passenger rail within any1010 special district the boundaries of which are wholly contained within a single MPO.1011 Upon entering into contracts with the Department of Transportation or the Atlanta-region1012 Transit Link 'ATL' Authority as provided above, the commission shall dispense funds upon1013 the request of the commissioner of transportation or the execut ive director of the1014 Atlanta-region Transit Link 'ATL' Authority, which request shall include certification of1015 the completion of the project or project element for which funds are requested. Payment1016 shall be made promptly upon approval by the construction divisi on or the financing and1017 investment division of the commission, and such payments shall not require any other1018 official action by the commission. The use of funds so dispensed shall be subject to review1019 and audit by the construction division and the financing and in vestment division of the1020 commission and action by the commission upon receipt of complai nt or if otherwise1021 warranted. The Department of Transportation and Atlanta-region Transit Link 'ATL'1022 Authority shall consult with the commission on at least a quarterly basi s regarding the1023 progress and performance in the execution, schedule, and delive ry of projects on the1024 approved investment list.1025 (c) In managing the execution, schedule, and delivery of the p rojects on the approved1026 investment list for a special district, the Department of Trans portation or Atlanta-region1027 Transit Link 'ATL' Authority, as appropriate, shall determine whether a project should be1028 designed and constructed by the Department of Transportation, by a local government, or1029 by another public or private entity. In making such determination the following shall be1030 considered:1031 H. B. 297 - 41 - 26 HB 297/AP (1) Whether such project is on the state-wide transportation improvement program, the1032 state-wide strategic transportation plan, or a transportation improvement program;1033 (2) The type and estimated cost of the project;1034 (3) The location of the project and whether it encompasses multiple jurisdictions;1035 (4) The experience of a local government or governments or a public or private entity in1036 designing and constructing such project as set forth in an appl ication in a form to be1037 provided by the commissioner of transportation or the executive d i r e c t o r o f t h e1038 Atlanta-region Transit Link 'ATL' Authority; and1039 (5) The recommendation of the MPO, if any, for such special district.1040 Following the decision, the Department of Transportation, the l ocal government or1041 governments, or another public or private entity as determined under this subsection shall1042 contract for implementing the projects in accordance with appli cable state and federal1043 requirements."1044 SECTION 3-17.1045 Said title is further amended by revising Code Section 48-8-250 , relating to report, as1046 follows:1047 "48-8-250.1048 Not later than December 15 of each year, the state revenue commissioner shall publish, on1049 the website created pursuant to paragraph (3) of subsection (c) of Code Section 48-8-245,1050 a simple, nontechnical report which shows for each project in the investment list approved1051 by the director the original estimated cost, the current estimated cost if it is not the original1052 estimated cost, amounts expended in prior years, and amounts expended in the current year1053 with respect to each such project. The report shall also inclu d e a s t a t e m e n t o f w h a t1054 corrective action the commissioner of transportation and the ex ecutive director of the1055 Atlanta-region Transit Link 'ATL' Authority intend intends to implement with respect to1056 H. B. 297 - 42 - 26 HB 297/AP each project which is underfunded or behind schedule and a statement of any surplus funds1057 which have not been expended for a project."1058 SECTION 3-18.1059 Said title is further amended in Code Section 48-8-251, relating to Citizens Review Panel,1060 membership, vacancy, recommendations, and report, by revising subsection (f) as follows:1061 "(f) The panel shall be charged with review of the administrati on of the projects and1062 programs included on the approved investment list. The panel m ay make such1063 recommendations to and require such reports from the Department of Transportation, the1064 Atlanta-region Transit Link 'ATL' Authority, any other agency or instrumentality of the1065 state, any political subdivision of the state, and any agency o r instrumentality of such1066 political subdivisions as it may deem appropriate and necessary from time to time in the1067 interest of the region."1068 SECTION 3-19.1069 Said title is further amended, in Code Section 48-13-140, relating to definitions relative to1070 excise tax on for-hire grand transportation, by revising paragraph (6) as follows:1071 "(6) 'Transit provider' means the Department of Transportation, the Atlanta-region1072 Transit Link 'ATL' Authority the Georgia Transportation Efficiency Authority , or a1073 system providing transit or a jurisdiction operating such a sys tem that receives federal1074 transit formula funding."1075 SECTION 3-20.1076 Said title is further amended by revising Code Section 48-13-14 3, relating to quarterly1077 reporting requirement, as follows:1078 "48-13-143.1079 H. B. 297 - 43 - 26 HB 297/AP Each for-hire ground transport service provider shall submit a quarterly report that1080 identifies the number of for-hire ground transport trips provided by county of origin and1081 destination to the department, the Atlanta-region Transit Link 'ATL' Authority, and the1082 Department of Transportation. All such reports shall be treated as confidential and shall1083 not be subject to Article 4 of Chapter 18 of Title 50, relating to open records."1084 SECTION 3-21.1085 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended1086 in Code Section 50-8-35, relating to powers and duties of regional commissions, by revising1087 paragraph (5) of subsection (c) as follows:1088 "(5) A commission may establish within its comprehensive plan g oals, objectives,1089 policies, and recommendations consistent with those established by the Governor's1090 Development Council or by the department, for its region; and"1091 SECTION 3-22.1092 Said title is further amended in Code Section 50-18-72, relatin g to when public disclosure1093 not required for state records, by revising paragraph (51) of subsection (a) as follows:1094 "(51) Reports submitted to the Department of Revenue, the Atlanta-region Transit Link1095 'ATL' Authority, or the Department of Transportation by a for-hire ground trans port1096 service provider as required pursuant to Code Section 48-13-143."1097 SECTION 3-23.1098 Said title is further amended in Code Section 50-23-4, relating to definitions relative to the1099 Georgia Environmental Finance Authority, by revising paragraph (12) as follows:1100 "(12) 'Project' means:1101 (A) The the acquisition, construction, installation, modification, renovat ion, repair,1102 extension, renewal, replacement, or rehabilitation of land, int erest in land, buildings,1103 H. B. 297 - 44 - 26 HB 297/AP structures, facilities, or other improvements and the acquisiti on, installation,1104 modification, renovation, repair, extension, renewal, replaceme nt, rehabilitation, or1105 furnishing of fixtures, machinery, equipment, furniture, or other property of any nature1106 whatsoever used on, in, or in connection with any such land, interest in land, building,1107 structure, facility, or other improvement, all for the essentia l public purpose of1108 providing environmental facilities and services so as to meet p ublic health and1109 environmental standards, protect the state's valuable natural r esources, or aid the1110 development of trade, commerce, industry, agriculture, and employment opportunities,1111 including, but not limited to, any project as defined by Code Section 12-5-471;1112 (B) Projects authorized by the Georgia Regional Transportation Authority created by1113 Chapter 32 of this title and as defined in such chapter, where such authority has been1114 directed to issue revenue bonds, bonds, notes, or other obligat ions to finance such1115 project or the cost of a project in whole or in part, provided that such authority's power1116 with respect to such projects authorized by the Georgia Regiona l Transportation1117 Authority shall be limited to providing such financing and related matters as authorized1118 by the Georgia Regional Transportation Authority; and1119 (C) Projects authorized by the Atlanta-region Transit Link 'AT L' Authority created1120 pursuant to Chapter 39 of this title and as defined in such chapter, where such authority1121 has been directed to issue revenue bonds, bonds, notes, or other obligations to finance1122 such project or the cost of a project in whole or in part, provided that such authority's1123 power with respect to such projects authorized by the Atlanta-region Transit Link 'ATL'1124 Authority shall be limited to providing such financing and related matters as authorized1125 by the Atlanta-region Transit Link 'ATL' Authority."1126 H. B. 297 - 45 - 26 HB 297/AP PART IV1127 SECTION 4-1.1128 This Act shall become effective upon its approval by the Governor or upon its becoming law1129 without such approval.1130 SECTION 4-2.1131 All laws and parts of laws in conflict with this Act are repealed.1132 H. B. 297 - 46 -