House Bill 1286
By: Representatives McDonald III of the 26th, DeLoach of the 167th, LaHood of the 175th,
Jasperse of the 11th, and Williams of the 168th
A BILL TO BE ENTITLED
AN ACT
To amend Title 32, Code Section 48-8-242, and Article 1 of Chapter 39 of Title 50 of the
Official Code of Georgia Annotated, relating to highways, bridges, and ferries, definitions
relative to special district transportation sales and use tax (TSPLOST), and creation and
organization of the Atlanta-region Transit Link "ATL" Authority, respectively, so as to
abolish the position of director of planning; to transfer duties and responsibilities relative to
transportation planning to the commissioner of transportation; to provide for conforming
changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,
is amended by revising Code Section 32-2-1, relating to composition of Department of
Transportation, as follows:
"32-2-1.
The Department of Transportation shall consist of the <del>State Transportation Board</del> <ins>board,
</ins> the commissioner of transportation, <del>the director of planning,</del> the deputy commissioner of
transportation, the chief engineer, the treasurer and the assistant treasurer of transportation,
and such subordinate employees as may be deemed necessary by the commissioner <del>or the
director of planning."
</del> SECTION 2.
Said title is further amended by revising Code Section 32-2-22, relating to definitions,
responsibilities of director and Planning Division, and approval of program and plan, as
follows:
"32-2-22.
(a) As used in this chapter and in Article 2 of Chapter 5 of this title, the term:
(1) <del>'Director' means the director of planning provided for by Code Section 32-2-43.
(2)</del> 'Division' means the Planning Division of the department provided for by paragraph
(4) of subsection (b) of Code Section 32-2-41.
<del>(3)(2)</del> 'Metropolitan planning organization' means the forum for cooperative
transportation decision making for a metropolitan planning area.
<del>(4)(3)</del> 'Metropolitan transportation plan' means the official intermodal transportation plan
that is developed and adopted through the metropolitan transportation planning process
for a metropolitan planning area.
<del>(5)(4)</del> 'Nonmetropolitan area' means a geographic area outside the designated
metropolitan planning areas.
<del>(5.1)(5)</del> 'State-wide freight and logistics implementation plan' means the plan established
pursuant to Code Section 32-2-41.4.
(6) 'State-wide strategic transportation plan' means the official, intermodal,
comprehensive, fiscally constrained transportation plan which includes projects,
programs, and other activities to support implementation of the state's strategic
transportation goals and policies. <del>This</del> <ins>Such</ins> plan and the process for developing the plan
shall comply with 23 C.F.R. Section 450.104.
(7) 'State-wide transportation improvement program' means a state-wide prioritized
listing of transportation projects covering a period of four years that is consistent with the
state-wide strategic transportation plan, metropolitan transportation plans, and
transportation improvement programs and required for multi-modal projects to be eligible
for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.
(8) 'Transportation improvement program' means a prioritized listing of transportation
projects covering a period of four years that is developed and formally adopted by a
metropolitan planning organization as part of the metropolitan transportation planning
process, consistent with the metropolitan transportation plan, and required for projects
to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.
(b) The <del>director</del> <ins>commissioner</ins> and the division shall:
(1) Review and make recommendations to the Governor concerning all proposed
regional land transportation plans and transportation improvement programs and
negotiate with the propounder of the plans concerning changes or amendments which
may be recommended by the department or the Governor, consistent with applicable
federal law and regulation;
(2) Review any transportation projects proposed by the department and adopt, remove,
or otherwise include such projects as all or a portion of department plans, consistent with
applicable federal law and regulation;
(3) Develop the state-wide strategic transportation plan, the state-wide transportation
improvement program, and the state-wide freight and logistics implementation plan and
support the various transportation improvement programs;
(4) Develop an annual capital construction project list to be reviewed by the Governor
and submitted to the General Assembly for consideration in the budget;
(5) Promulgate rules and regulations necessary to carry out its duties under the
provisions of this title. The division shall report the content of such rules or regulations
to the <ins>House and Senate</ins> Transportation Committees <del>of the Senate and House of
Representatives</del> for their approval by majority vote prior to the promulgation thereof; and
(6) Do all things necessary or convenient to carry out the powers expressly given in this
Code section.
(c) After review and approval by the Governor, the state transportation improvement
program and the state-wide strategic transportation plan shall be submitted to the <del>State
Transportation Board</del> <ins>board</ins> for approval."
SECTION 3.
Said title is further amended in Code Section 32-2-41, relating to powers, duties, and
authority of commissioner and establishment of divisions, by revising the introductory
language of subsection (a) and revising paragraph (4) of subsection (b) as follows:
"(a) As the chief executive officer of the department, the commissioner shall have direct
and full control of the department. He or she shall possess, exercise, and perform all the
duties, powers, and authority which may be vested in the department by law, except those
duties, powers, and authority which are expressly reserved by law to the board <del>or the
director of planning.</del> The commissioner's principal responsibility shall be the faithful
implementation of transportation plans produced by the director of planning <ins>commissioner
and the Planning Division</ins> and approved by the Governor and the <del>State Transportation
Board</del> <ins>board,</ins> subject to the terms of such appropriations Acts as may be adopted from time
to time. The commissioner shall also be responsible for the duties and activities assigned
to the commissioner in Article 5 of Chapter 8 of Title 48. When the board is not in regular
or called session, the commissioner shall perform, exercise, and possess all duties, powers,
and authority of the board except:"
"(4) There shall be a Planning Division of the department, <del>directed and staffed by the
director of planning,</del> which shall be the department's principal unit for developing the
state transportation improvement program, the state-wide strategic transportation plan,
and the state-wide freight and logistics implementation plan and coordinating
transportation policies, planning, and programs related to design, construction,
maintenance, operations, and financing of transportation, under the supervision of the
<del>director</del> <ins>commissioner.</ins> The division <del>and the director</del> shall not have jurisdiction over the
funds allocated for the local maintenance and improvement grant program pursuant to
subsection (d) of Code Section 32-5-27 except as expressly provided by <del>said</del> <ins>such
</ins> subsection."
SECTION 4.
Said title is further amended by revising Code Section 32-2-41.1, relating to state-wide
strategic transportation plan, as follows:
"32-2-41.1.
The <del>director</del> <ins>commissioner, after consultation from the Planning Division,</ins> shall prepare a
state-wide strategic transportation plan. Such plan shall be updated and delivered in
coordination with the state-wide, intermodal transportation plan as defined in 23 C.F.R.
Section 450.104. <del>The director shall prepare the state-wide strategic transportation plan for
</del> <ins>Such plan shall be presented to</ins> the Governor, Lieutenant Governor, Speaker of the House
of Representatives, and the chairpersons of the <del>Senate Transportation Committee and
House Committee on Transportation</del> <ins>House and Senate Transportation Committees."
</ins> SECTION 5.
Said title is further amended by revising Code Section 32-2-41.2, relating to development of
benchmarks, reports, and value engineering studies, as follows:
"32-2-41.2.
(a) The commissioner shall develop and publish in print or electronically benchmarks,
based upon the type and scope of a construction project, that detail a realistic time frame
for completion of each stage of a construction project, including preliminary engineering
and design, environmental permitting and review, and right of way acquisition.
(b) The <del>director</del> <ins>commissioner or his or her designee</ins> shall submit an annual report to the
Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the
chairpersons of the House and Senate Transportation Committees detailing the progress of
every construction project valued at $10 million or more against the benchmarks. <del>This
</del> <ins>Such</ins> report shall include an analysis explaining the discrepancies between the benchmarks
and actual performance on each project as well as an explanation for delays. <del>This</del> <ins>The
</ins> report shall also be published on the website of the department.
(c) The department shall create and maintain on its website a detailed status report on each
project under planning or construction. <del>This</del> <ins>Such</ins> status report shall include, but not be
limited to, the name and contact information of the project manager, if applicable.
(d) Value engineering studies shall be performed on all projects whose costs exceed $50
million, except for any project procured in accordance with Code Sections 32-2-79,
32-2-80, <del>and</del> <ins>or</ins> 32-2-81, and the <del>director</del> <ins>commissioner or his or her designee</ins> shall submit
an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of
Representatives, and the chairpersons of the House and Senate Transportation Committees
detailing the amount saved due to the value engineering studies. <del>This</del> <ins>Such</ins> report shall
also be published on the website of the department."
SECTION 6.
Said title is further amended by revising Code Section 32-2-41.4, relating to state-wide
freight and logistics implementation plan, by revising subsections (a) and (e) as follows:
"(a) The <del>director</del> <ins>commissioner, in consultation with the Planning Division,</ins> shall develop
and maintain a state-wide freight and logistics implementation plan. Such plan may be
included within or separate from the federal state freight plan required by 49 U.S.C.
Section 70202; provided, however, that the state-wide freight and logistics implementation
plan shall be updated in coordination with such federal plan."
"(e) By February 15 of each year, the <del>director</del> <ins>commissioner or his or her designee</ins> shall
provide the House and Senate <del>Committees on</del> Transportation <ins>Committees</ins> with a report on
the state-wide freight and logistics implementation plan, which shall include information
from the previous fiscal year on the:
(1) Budgetary proposal of state funds needed by the department to fully procure federal
aid funds;
(2) Status of the department's program to deliver projects which add capacity to
roadways through the exclusive use of state funds; and
(3) Status of any critical projects and available funding for:
(A) Widening of interstates;
(B) Widening of noninterstate arterial roads;
(C) Interchange, intersection, and other operational improvements;
(D) Intermodal or multimodal capacity enhancements;
(E) Railroad crossing access and safety improvements;
(F) Commercial motor vehicle parking and safety improvements;
(G) Projects located in an international ocean trade zone, an inland port zone, or a
commercial and industrial impact zone as described in subsection (d) of this Code
section; and
(H) Projects of significant economic impact."
SECTION 7.
Said title is further amended by repealing Code Section 32-2-43, relating to director of
planning, appointment, and responsibilities.
SECTION 8.
Said title is further amended by revising Code Section 32-5-27, relating to allocation formula
development and implementation, as follows:
"32-5-27.
(a) The Planning Division of the department <del>and the director of planning</del> shall develop an
allocation formula for:
(1) A state-wide transportation asset management program;
(2) A state-wide transportation asset improvement program; and
(3) A local maintenance and improvement grant program.
Funds from the State Public Transportation Fund shall be allocated by the department
pursuant to such formula as further defined in subsections (b) through (d) of this Code
section and as appropriated by the General Assembly. Every four years, concurrent with
the renewal of the state-wide strategic transportation plan, the division and the <del>director
</del> <ins>commissioner</ins> shall update the data used in the allocation formula and shall review the
distributional components of the formula and at such time may amend the formula as
necessary to support implementation of the plans provided for in Code Section 32-2-22.
(b) Funds appropriated for the state-wide transportation asset management program shall
be allocated pursuant to the long-range state-wide strategic transportation plan and shall
be available for administration, maintenance, operations, and rehabilitation of
infrastructure.
(c)(1) Funds allocated for the state-wide transportation asset improvement program shall
be allocated for capital construction projects, which may include new capacity, expansion
of current infrastructure, safety improvements, or completion of, additions to, and capital
improvement of state strategic corridors and economic development highways, including
but not limited to those identified pursuant to Code Section 32-4-22. Recommendations
for appropriation to the state-wide transportation asset improvement program shall
include consideration of current and future regional population and regional employment.
Local funding matches may be required.
(2) A portion of this allocation shall be a specific itemized and prioritized project list and
such portion shall be not less than 10 percent nor more than 20 percent of the aggregate
allocation from the State Public Transportation Fund, subject to and consistent with the
provisions of the state-wide transportation improvement program, for such fiscal year.
In developing such project list the division <del>and the director</del> may accept project
recommendations from the <ins>House and Senate</ins> Transportation Committees <del>of the Senate
and the House of Representatives,</del> the Governor, metropolitan planning organizations,
and nonmetropolitan areas. Such projects shall be prioritized in accordance with the
state-wide strategic transportation plan. The division and the <del>director</del> <ins>commissioner</ins> shall
submit such prioritized capital construction projects to the Governor for consideration in
advance of the legislative session each year. The Governor shall submit all or a portion
of such capital construction project requests as part of the Governor's budget
recommendations to the General Assembly. The General Assembly may appropriate
funds to any project on the prioritized project list.
(3) In addition to the portion of the state-wide transportation asset improvement program
subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds
from the State Public Transportation Fund may be allocated to the state-wide
transportation asset improvement program that are not subject to specific project
selection.
(d) Funds allocated for the local maintenance and improvement grant program shall
replace funds formerly available under the local assistance road program and state-aid
program and shall be allocated by the Local Grants Division of the department to local
governing authorities as grants or otherwise according to a funding formula developed by
the division and the <del>director</del> <ins>commissioner.</ins> Such formula shall include considerations of
paved and unpaved lane miles and vehicle miles traveled and may include population,
employment, and local funding matches available, as well as other factors as may be
determined by the division and the <del>director</del> <ins>commissioner.</ins> Funds allocated each fiscal year
for the local maintenance and improvement grant program shall be not less than 10 percent
nor more than 20 percent of the money derived from motor fuel taxes received by the state
in the immediately preceding fiscal year, less the amount of refunds, rebates, and collection
costs authorized by law and shall be used only for the purposes available for the proceeds
of such taxes. Grants of such funds shall include provisions requiring adherence to
adequate roadway standards, accounting practices, and applicable transportation plans.
Additional allocations to <del>this</del> <ins>such</ins> program from other funding sources shall be allocated
subject to the requirements for usage attached to such funds.
(e) Funds allocated or appropriated pursuant to the provisions of this Code section shall
not be subject to redirection or reservation pursuant to Chapter 12 of Title 45 or to
budgetary reduction except as provided by subparagraph (b) of Paragraph VI of Section IX
of Article III of the Constitution.
(f) Information pertaining to all funds received and expended by, through, or from the
department, including but not limited to project numbers,; let dates,; estimated costs,;
actual costs,; estimated completion date,; status,; priority ranking,; congressional, House
<ins>of Representatives,</ins> and Senate districts,; vendor names,; contract amounts,; and other
pertinent contract information, shall be published on the website of the department as data
in <ins>a</ins> structured format. As used in this subsection, the term 'structured format' means data
that is presented in machine readable format."
SECTION 9.
Said title is further amended in Code Section 32-5-30, relating to allocation of state and
federal funds, items excluded from budgeting, budgeting periods, and authorization of
reduction of funds allocated, by revising subparagraph (a)(1)(C) as follows:
"(C) Any funds for a project undertaken for purposes of providing for the planning,
surveying, constructing, paving, and improving of any part of the state designated
freight corridor, when such designation is made by the <del>director of planning
</del> <ins>commissioner</ins> with approval from a majority of the board."
SECTION 10.
Code Section 48-8-242 of the Official Code of Georgia Annotated, relating to definitions
relative to special district transportation sales and use tax (TSPLOST), by revising
paragraph (5) as follows:
"(5) 'Director' means the director of planning <del>provided for in Code Section 32-2-43</del> <ins>of
the Department of Transportation as in existence until July 1, 2026."
</ins> SECTION 11.
Article 1 of Chapter 39 of Title 50 of the Official Code of Georgia Annotated, relating to
creation and organization of the Atlanta-region Transit Link "ATL"Authority, is amended
by revising Code Section 50-39-5, relating to continuation of the development of the Atlanta
region's Concept 3 transit proposal, as follows:
"50-39-5.
The Atlanta Regional Commission in conjunction with the authority and the <del>director of
planning for</del> <ins>commissioner of</ins> the Department of Transportation shall utilize federal and
state planning funds to continue the development of the Atlanta region's Concept 3 transit
proposal, including assessment of potential economic benefit to the region and the state,
prioritization of corridors based on highest potential economic benefit and lowest
environmental impact, and completion of environmental permitting."
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.