HB 297: Ad valorem tax; define multipurpose off-highway vehicle; provisions

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, relating to conservation and natural resources, highways, bridges, and ferries, local government, motor vehicles and traffic, public officers and employees, revenue and taxation, and state government, respectively, so as to abolish the Georgia Regional Transportation Authority; to change the name, jurisdiction, governance, and powers of the Atlanta-region Transit Link "ATL" Authority; to transfer all assets, obligations, liabilities, and employees of such authorities to the Georgia Transportation Efficiency Authority; to provide a board for such authority; to provide for meetings; to provide for powers and duties of such authority; to authorize the delegation of certain powers of the Governor relative to designated recipients of federal funds for transit projects, state-wide transportation plans, and transportation improvement programs to such authority in certain instances; to provide for approval of developments of regional impact in certain instances; to provide for annual reports; to extend the sunset for authority of local governing bodies to collect a retail sales and use tax for purposes of the Metropolitan Atlanta Rapid Transit Authority; to revise provisions relative to the multicounty transportation special purpose local option sales tax and the transit special purpose local option sales and use tax; to abolish the Governor's Development Council; to provide for a short title; to provide for definitions; to provide for conforming changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing in its entirety Chapter 32, relating to the Georgia Regional Transportation Authority, and designating said chapter as reserved.

SECTION 1-2.

Said title is further amended by repealing Chapter 39, relating to the Atlanta-region Transit Link "ATL" Authority, and reenacting said chapter as follows: "CHAPTER 39

ARTICLE 1

50-39-1.

This chapter shall be known and may be cited as the 'Georgia Transportation Efficiency Authority Act.'

50-39-2.

As used in this chapter, the term:

(1) 'Authority' means the Georgia Transportation Efficiency Authority.

(2) 'Board' means the board of directors for the authority created pursuant to Code Section 50-39-5.

(3) 'Clean Air Act' means the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C. Sections 7401 through 7671q.

(4) 'Compliance zone county' means a county within a nonattainment area.

(5) 'Cost of a project' or 'cost of any project' means:

(A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project of the authority or any part thereof;

(B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project of the authority or for any facilities related thereto, including but not limited to the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project of the authority;

(C) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project of the authority;

(D) All expenses for inspection of any project of the authority;

(E) All fees of any type charged by the authority in connection with any project of the authority;

(F) All expenses of or incidental to determining the feasibility or practicability of any project of the authority;

(G) All costs of plans and specifications for any project of the authority;

(H) All costs of title insurance and examinations of title with respect to any project of the authority;

(I) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; and

(J) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project of the authority or the financing thereof or the placing of any project of the authority in operation.

(6) 'County' means any county created under the Constitution or laws of this state.

(7) 'Local government' or 'local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.

(8) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area.

(9) '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.

(10) 'Municipal corporation' means any city or town in this state.

(11) 'Nonattainment area' means any county designated by the United States Environmental Protection Agency in the Code of Federal Regulations on December 31, 1998, as a county which is included in whole or in part within a nonattainment area under the federal Clean Air Act and which has been subsequently designated by the board, through resolution or regulation, as a county having a history of excess levels of ozone, carbon monoxide, or particulate matter.

(12) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which is authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.

(13) 'Office of profit or trust under the state' means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments.

(14) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services to aid in the accomplishment of the purposes of the authority.

(15) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a state agency or authority, a local government, a community improvement district, or any other similar entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services; school bus services; courtesy shuttle and intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are defined in Chapter 1 of Title 40 and which are not paid for by a public entity.

(16) 'Transportation improvement program' means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan.

50-39-3.

(a) There is created the Georgia Transportation Efficiency Authority as a body corporate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed transit within this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. Upon designation by the Governor and pursuant to this chapter, such authority shall serve as the entity for approval of state-wide transportation plans and transportation improvement programs prepared by transportation management areas. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter.

(b) This Code section shall not be deemed to impair or interfere in any manner with any existing rights under a contract entered into prior to December 1, 2018, or any federal grants or agreements awarded or entered into prior to December 1, 2018. This Code section shall not be applicable to projects or services provided for under the terms of a contract entered into as of December 1, 2018, under the authority granted pursuant to a local constitutional amendment set out at Ga. L. 1964, p. 1008, and the planning, funding, coordination, and delivery of such projects or services shall be as provided for by such contract or contracts.

50-39-4.

(a) All assets, property, and legal rights and obligations, including, but not limited to, all bonded indebtedness, of the Georgia Regional Transportation Authority shall devolve by operation of law upon the Georgia Transportation Efficiency Authority on the effective date of this Act. The Atlanta-region Transit Link 'ATL' Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state to be known as the 'Georgia Transportation Efficiency Authority.' It shall have perpetual existence.

(b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions, including commitments related to federal funds, entered into before the effective date of this Act by the Georgia Regional Transportation Authority and the Atlanta-region Transit Link 'ATL' Authority shall continue to exist, and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the authority. In all such instances, the authority shall be substituted for the Georgia Regional Transportation Authority and the Atlanta-region Transit Link 'ATL' Authority and the authority shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions, including commitments related to federal funds.

(c) All persons employed by the Georgia Regional Transportation Authority and the Atlanta-region Transit Link 'ATL' Authority shall, on the effective date of this Act, become employees of the authority in similar capacities, as determined by the executive director. Such employees shall be subject to the employment practices and policies of the authority on and after the effective date of this Act, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the authority shall retain all existing rights under the State Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on the day before the effective date of this Act shall not be impaired or interrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on the day before the effective date of this Act. Accrued annual and sick leave possessed by the transferred employees on the day before the effective date of this Act shall be retained by such employees as employees of the authority.

(d) On the effective date of this Act, the authority shall receive custody of the real property in the custody of the Georgia Regional Transportation Authority and the Atlanta-region Transit Link 'ATL' Authority on the day before the effective date of this Act.

(e) All equipment or other tangible property in the possession of the Georgia Regional Transportation Authority and the Atlanta-region Transit Link 'ATL' Authority which is used or held exclusively or principally by personnel transferred under this Code section shall be transferred to the authority as of the effective date of this Act.

50-39-5.

(a) The management of the business and affairs of the authority shall be vested in a board, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board as authorized by this chapter. For purposes of the initial appointment of members of the board pursuant to this Code section and until any board action is taken, the Governor shall be authorized to designate a county as a compliance zone county in accordance with the purposes of this chapter.

(b) The board shall be composed of the following members:

(1) Eight individuals appointed by the Governor, at least five of whom shall reside within a compliance zone county;

(2) Two individuals appointed by the President of the Senate, at least one of whom shall reside within a compliance zone county;

(3) Two individuals appointed by the Speaker of the House of Representatives, at least one of whom shall reside within a compliance zone county; and

(4) The commissioner of transportation.

(c) All appointed members of the board and their successors shall each serve a term of four years and until the appointment and qualification of a successor except as otherwise provided in this Code section. No person holding any other office of profit or trust under the state, other than the commissioner of transportation, shall serve upon the board. The chairperson of the board shall be appointed by the Governor, and a vice chairperson shall be selected annually from among the members by majority vote of those members present and voting. Vacancies in office shall be filled in the same manner as the original appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board.

(d) Members of the board shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly.

(e) Members of the board shall be subject to removal by the appointing authority for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless authorized under subsection (e) of Code Section 50-39-6, or upon a finding of a violation of Code Section 45-10-3 pursuant to the procedures applicable to such Code section. A violation of Code Section 45-10-3 may also subject a member of the board to the penalties provided in subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) of Code Section 45-10-28, pursuant to subsection (b) of such Code section.

(f) Members of the board shall be subject to the applicable provisions of Chapter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. Members of the board shall be public officers who are members of a state board for purposes of the financial disclosure requirements of Article 3 of Chapter 5 of Title 21. The members of the board shall be accountable in all respects as trustees. The board shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to the state auditor on or about the close of the state's fiscal year. The books and records shall be inspected and audited by the state auditor at least once each year.

50-39-6.

(a) The board shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, management, and maintenance of such projects as the board may determine appropriate to undertake from time to time.

(b) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board.

(c) No vacancy on the board shall impair the right of a majority of the appointed members of the board from exercising all rights and performing all duties of the authority.

(d) Meetings of the board, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days' public notice for regular meetings as prescribed in the bylaws and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize.

(e) No member of the board may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the board on a record vote.

50-39-7.

(a) An executive director shall be appointed by the board as the administrative head of the authority and shall serve at the pleasure of the board. The board shall set the salary of the executive director. The executive director of the State Road and Tollway Authority shall serve as the temporary executive director of the authority until the board is constituted and an executive director is appointed by such board. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.

(b) The authority is assigned to the Department of Transportation for administrative purposes only.

ARTICLE 2

50-39-10.

(a) This chapter shall operate uniformly throughout the state.

(b) Except for the purpose of reviewing proposed transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport.

(c) Any county which provided no transit services or was provided no transit services by a state authority on or before January 1, 2026, shall be prohibited from initiating any transit services within such county without passage of a resolution authorizing transit services by the board of commissioners of such county; provided, however, that, if such county is a compliance zone county, additional approval shall be required from the voters in a county-wide referendum called for such purpose.

50-39-11.

The authority shall have the following general powers and duties:

(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the superior court of any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located;

(2) To have a seal and alter the same at its pleasure;

(3) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain transit systems and transit projects which are included within a state-wide transportation plan or transportation improvement program, and to contract with any state, regional, or local government, authority, or department or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Department of Transportation, county and local governments, and transit system operators for those purposes;

(4) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;

(5) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. Section 4601, et seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c);

(6) To appoint an executive director who shall be executive officer and administrative head of the authority;

(7) To extend grants for all or part of the cost or expense of any project of a political subdivision or other entity for the furtherance of the purposes of the authority upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such grants;

(8) To collect fees and charges in connection with its commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority;

(9) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same;

(10) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them;

(11) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;

(12) To lease to local governments any authority owned facilities or property;

(13) To contract with state agencies or any local government for the use by the authority of any property, project, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any property, project, facilities, or services of the authority, and such state agencies and local governments are authorized to enter into such contracts;

(14) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;

(15) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds;

(16) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof, and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction and to enter into contracts or agreements with the authority and local government to achieve or further the purposes of the authority;

(17) To assist in planning in relation to the authority's transit services among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law;

(18) To the extent permissible under federal law, to operate as a receiver of federal grants, loans, and other moneys intended to be used for the provision of transit services;

(19) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;

(20) To procure insurance against any loss in connection with its property and other assets or obligations;

(21) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of the authority's transit services or transit projects; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal aid acts and programs. Nothing in this chapter is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;

(22) To coordinate with metropolitan planning organizations and the Department of Transportation to include projects funded by the authority in whole or in part with federal aid funds in approved transportation improvement programs adopted and approved by designated metropolitan planning organizations and the Governor and in any transit plan adopted and approved by the designated metropolitan planning organization in compliance with the requirements of relevant portions of the regulations implementing the Clean Air Act including without limitation 40 C.F.R. Section 93.105(c)(1)(ii) and 40 C.F.R. Section 93.122(a)(1), where such inclusion, approval, designation, or compliance is required by applicable federal law or regulation;

(23) To provide planning and assistance to local authorities for purposes of grants issued prior to the effective date of this Act;

(24) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation; and

(25) To do all things necessary or convenient to carry out the powers conferred by this chapter.

50-39-12.

The provision of local government services and the utilization of funding mechanisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36.

50-39-13.

(a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning laws and regulations, including without limitation the power to serve as the designated recipient of federal funds for purposes of transit funding for capital projects and for financing and directly providing public transportation under 49 U.S.C. Sections 5302 through 5304 for compliance zone counties.

(b) The authority shall formulate an annual report of transit operated by the authority which shall be submitted by December 1 of each year to the Senate and House Transportation Committees. Such report shall include information on the utilization of the authority's transit services, public funding subsidies for operations based upon a per passenger and per funding source, and operating metrics which include customer satisfaction, on-time performance, safety and security issues, and administrative efficiencies of the authority.

50-39-14.

(a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizations of compliance zone counties and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve state-wide transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a).

(b) In exercising the authority's delegated powers concerning proposed state-wide transportation plans and transportation improvement programs prepared by metropolitan planning organizations of compliance zone counties or by the Department of Transportation:

(1) Transportation plans and transportation improvement programs subject to the authority's delegated review powers shall be approved by the affirmative vote of a majority of the board to a motion made for that purpose;

(2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of a majority of the board to a motion made for that purpose;

(3) The board may set a date certain as a deadline for submission of any such plan or program to the authority for review; and

(4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the board, the authority may exercise its delegated power to disapprove such plan or program upon the affirmative vote of the majority of the board to a motion made for that purpose.

50-39-15.

In any case where a development of regional impact, as determined by the Department of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50, is planned within a compliance zone county which requires the expenditure of state or federal funds by the state or any political subdivision, agency, authority, or instrumentality thereof, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditure is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the authorized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council.

50-39-16.

The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.

50-39-17.

Neither the members of the board nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:

(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;

(2) The construction, ownership, maintenance, or operation of any project authorized by the authority and owned by a local government; or

(3) Carrying out any of the powers expressly given in this chapter. ARTICLE 3

50-39-30.

In accomplishing its purposes pursuant to this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources:

(1) Funds obtained for the purposes of providing transit services and transit projects by contract with, between, and among local governments;

(2) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority; and

(3) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time.

50-39-31.

The authority may serve as the entity to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for transit projects and purposes. Unless designated otherwise by the federal government, the authority shall be designated as the proper and sole authority to receive any of the federal transit funds apportioned by the federal government for compliance zone counties and may disburse such funds in accordance with the purposes of this article. This Code section shall not be deemed to impair or interfere in any manner with any existing rights under a contract entered into prior to December 1, 2018, or any federal grants or agreements awarded or entered into prior to December 1, 2018. This Code section shall not be applicable to projects or services provided for under the terms of a contract entered into as of December 1, 2018, under the authority granted pursuant to a local constitutional amendment set out at Ga. L. 1964, p. 1008; and the planning, funding, coordination, and delivery of such projects or services shall be as provided for by such contract or contracts.

50-39-32.

It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons, the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise. The tax exemption provided in this chapter shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority. The exemptions provided for by this Code section shall not apply to the sale or use of motor fuel as such term is defined in Code Section 48-9-2.

ARTICLE 4

50-39-40.

(a) For the purposes of this Code section, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof.

(b) A local government by resolution of its governing body may enter into a lease agreement for the provision of transit service or transit projects utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable, including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.

(c) Any lease agreement may provide for the construction of such transit project by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same.

(d) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following:

(1) In the case of a transit service or transit project, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a portion of:

(A) The costs of operation, maintenance, renewal, replacement, and repairs of the transit project of such local government; and

(B) Outstanding bonds, notes, or other obligations incurred for the purposes of such transit project and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;

(2) To create and maintain reasonable reserves or other special funds; or

(3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable.

50-39-41.

(a) The authority may make grants to a local government to pay all or any part of the cost of a project. The authority and a local government may enter into such agreements as may be determined appropriate by the authority.

(b) The authority may require as a condition of any grant to a local government that such local government shall perform any or all of the following:

(1) In the case of grants for transit services or transit projects, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:

(A) Costs of operation, maintenance, replacement, renewal, and repairs; and

(B) Outstanding indebtedness incurred for the purposes of such service or project, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;

(2) Create and maintain such other special funds as may be required by the authority; and

(3) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment.

(c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter.

ARTICLE 5

50-39-50.

This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.

50-39-51.

No provision of Article 3 of Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services."

PART II

SECTION 2-1.

Article 5B of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special districts for transit purposes sales and use tax (Transit SPLOST), is amended by revising Code Section 48-8-269.40, relating to definitions, as follows:

"48-8-269.40.

As used in this article, the term:

(1) 'Authority' means the Atlanta-region Transit Link 'ATL' Authority created pursuant to Chapter 39 of Title 50.

(2)(1) 'County' means any county created under the Constitution or laws of this state. (3)(2) 'Dealer' shall have the same meaning as provided for in paragraph (8) of set forth in Code Section 48-8-2.

(4)(3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution.

(5)(4) 'Nonattainment area' means those counties currently having or previously designated as having excess levels of ozone, carbon monoxide, or particulate matter in violation of the standards in the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q, and which have been designated by the board of the Georgia Transportation Efficiency Authority, through resolution or regulation, as counties having excess levels of ozone, carbon monoxide, or particulate matter and which fall under the jurisdiction exercised by the Atlanta-region Transit Link 'ATL' Authority or any predecessor authority as described in Article 2 of Chapter 39 of Title 50. (6)(5) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of set forth in Code Section 48-8-110 and which is located wholly or partly within a special district.

(7) 'Regional transit plan' means the official multiyear plan for transit services and facilities adopted pursuant to Code Section 50-39-12.

(8)(6) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, and ride share network services, transportation referral services, and taxi services not paid for by a public entity.

(9)(7) 'Transit projects' means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including general obligation debt and other multiyear obligations issued to finance such projects, the operations and maintenance of such projects once constructed, and the contracted purchase of transit services from providers without direct capital investment."

SECTION 2-2.

Said article is further amended by revising Code Section 48-8-269.45, relating to notice, meeting, and resolution authorizing referendum, as follows:

"48-8-269.45.

(a)(1) Any county qualified to levy a tax pursuant to paragraph (2) of subsection (b) of Code Section 48-8-269.41 shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district prior to the issuance of the call for the referendum. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible transit projects from the regional transit plan for inclusion in the referendum and the rate of tax. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 60 days prior to any issuance of the call for the referendum.

(2) At the meeting the county and all qualified municipalities may select develop a list of potential transit projects for the county from the regional transit plan to be funded by the proceeds of the tax authorized by this article.

(b) Following the meeting required by subsection (a) of this Code section, the county shall deliver or mail a written notice to the authority of the intent to call for a referendum to impose the tax authorized by this article. Such notice shall include a list of transit projects located within such county chosen from the regional transit plan which the county intends to fund with proceeds from the tax authorized under this article and the proposed operator of any such transit projects if such project or projects are services which require an operator.

(c) Upon receipt of such notice from a county, the authority shall approve or deny any or all projects within a submitted transit project list and the proposed operator of any transit projects if such project or projects are services which require an operator. In making a determination upon whether to approve transit projects, the authority shall take into consideration any other transit projects the authority has approved for any neighboring counties, any transit projects in progress in any neighboring counties, and any additional federal or state funding that may be available for any projects. The authority shall make a determination and send notification to a county approving or denying the submitted transit projects and operators, if applicable, no later than 20 days from the receipt of such list.

(d)(b)(1) As soon as practicable after receipt of notice from the authority the meeting required by subsection (a) of this Code section, the governing authority of the county desiring to call for a referendum shall, by a majority vote on a resolution offered for such purpose, submit the list of transit projects and the question of whether the tax should be approved to electors of the special district in the next scheduled election and shall notify the county election superintendent within the special district by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk.

(2) The resolution authorized by paragraph (1) of this subsection shall describe or identify:

(A) The specific transit projects to be funded which shall have been selected from the regional transit plan and approved by the authority;

(B) The approximate cost of such transit projects;

(C) The operator selected for any transit project or projects proposed if such project or projects are services which require an operator; and

(D) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed 30 years."

SECTION 2-3.

Said article is further amended in Code Section 48-8-269.57, relating to exclusive use of tax proceeds, audits, and payment of debt, by revising subsection (f) as follows: "(f)(1)(A)(i) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax authorized to be levied pursuant to Part 2 of this article, then any net proceeds of the tax in excess of the amount required for final payment of such debt may be used for additional transit projects, provided that a subsequent intergovernmental agreement meeting the requirements set forth in subsection (b) of Code Section 48-8-269.43 has been entered into. If a subsequent intergovernmental agreement required by this division is not entered into, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection.

(ii) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax authorized to be levied pursuant to Part 3 of this article, then any net proceeds of the tax in excess of the amount required for final payment of such debt may be used for additional transit projects, provided that such projects are selected from the regional transit plan and approved by the authority. If approval from the authority regarding additional transit projects to be funded with any excess net proceeds is not obtained, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection.

(B)(i) If the special district receives from the tax net proceeds in excess of the maximum cost of the transit projects stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects when the tax was authorized to be levied pursuant to Part 2 of this article, then such excess proceeds may be used for additional transit projects, provided that a subsequent intergovernmental agreement meeting the requirements set forth in subsection (b) of Code Section 48-8-269.43 has been entered into. If a subsequent intergovernmental agreement required by this division is not entered into, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection.

(ii) If the special district receives from the tax net proceeds in excess of the maximum cost of the transit projects stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects when the tax was authorized to be levied pursuant to Part 3 of this article, then such excess proceeds may be used for additional transit projects, provided that such projects are selected from the regional transit plan and approved by the authority. If approval from the authority regarding additional transit projects to be funded with any excess net proceeds is not obtained, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection.

(2) Except as provided in paragraph (1) of this subsection, excess proceeds shall be used solely for the purpose of reducing any indebtedness of any county within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county, it being the intent that any funds so paid into the general fund of such county be used for the purpose of reducing ad valorem taxes."

PART III

SECTION 3-1.

Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended in Code Section 12-8-31, relating to state solid waste management plan and reporting, by revising subsection (b) as follows:

"(b) The state solid waste management plan shall be submitted to the Governor's Development Council and shall serve as the guide for the development of local plans and regional plans for solid waste management Reserved."

SECTION 3-2.

Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-6-51, relating to unauthorized devices and structures within right of way or visible from public road, bus shelters, and commercial advertisements by transit agency, by revising subparagraph (g)(1)(C) as follows: "(C) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state, including, but not limited to, the Department of Transportation, the Atlanta-region Transit Link 'ATL' Authority Georgia Transportation Efficiency Authority, and the Georgia Rail Passenger Authority."

SECTION 3-3.

Said title is further amended by revising Code Section 32-9-11, relating to transit services with local governments, as follows:

"32-9-11.

(a) As used in this Code section, the term:

(1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof.

(2) 'Nonattainment area' means those counties currently having or previously deemed to have excess levels of ozone, carbon monoxide, or particulate matter in violation of the standards in the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q and which fall under the jurisdiction exercised by the Atlanta-region Transit Link 'ATL' Authority or any predecessor authority as described in Article 2 of Chapter 39 of Title 50 shall have the same meaning as set forth in Code Section 50-39-2.

(3) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Atlanta-region Transit Link 'ATL' Authority, Georgia Transportation Efficiency Authority, or the Georgia Rail Passenger Authority.

(4) 'Transit facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services.

(5) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance.

(b)(1) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if a majority of the qualified voters residing within the special district to be taxed authorize such contract or tax by referendum in a special election which shall be called and conducted for that purpose by the election superintendent of such local government.

(2)(A) Any services provided in a county outside a nonattainment area by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan.

(B) Any services provided by a transit agency in a county within a nonattainment area pursuant to a contract authorized by this subsection and entered into on or after January 1, 2019, shall be for services:

(i) Approved approved by a local governing authority;

(ii) Included in the regional transit plan adopted pursuant to Code Section 50-39-12; and

(iii) Through agreement with the Atlanta-region Transit Link 'ATL' Authority.

(c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Atlanta-region Transit Link 'ATL' Authority the Georgia Transportation Efficiency Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution."

SECTION 3-4.

Said title is further amended in Code Section 32-9-13, relating to definitions relative to the Metropolitan Atlanta Rapid Transit Authority, by repealing in its entirety paragraph (7).

SECTION 3-5.

Said title is further amended by adding a new Code section to read as follows:

"32-9-13.1.

Notwithstanding any provision of Section 25 of the MARTA Act to the contrary, the retail sales and use tax levied pursuant to the authority granted by the MARTA Act shall be levied until and including June 30, 2067."

SECTION 3-6.

Said title is further amended in Code Section 32-9-15, relating to procedures, conditions, and limitations for levy of additional retail sales and use tax by Fulton County for MARTA services and transit oriented development, by revising subsection (c) as follows: "(c) Following the meeting required by subsection (b) of this Code section and prior to any tax being imposed under this Code section, the qualified municipalities and governing authority representing at least 70 percent of the population of Fulton County outside the boundaries of the city may execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax; provided, however, that no tax shall be authorized to be imposed under this Code section if no such intergovernmental agreement is entered into. An intergovernmental agreement authorized by this subsection shall, at a minimum, include:

(1) If such tax is to be levied after January 1, 2019, a list of the projects proposed to be funded from the tax which shall be from the regional transit plan and approved by the Atlanta-regional Transit Link 'ATL' Authority;

(2) The rate of tax to be imposed upon approval of a referendum; and (3)(2) The duration of the tax to be imposed upon approval of a referendum."

SECTION 3-7.

Said title is further amended by repealing in its entirety Code Section 32-9-17, relating to logo and branding by MARTA, and designating it as reserved.

SECTION 3-8.

Said title is further amended by revising Code Section 32-9-19, relating to transportation services contracts with MARTA, as follows:

"32-9-19.

(a) Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state within the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. A transportation services contract executed pursuant to this subsection:

(1) Shall not be a rapid transit contract subject to the conditions established therefor in Code Sections Section 32-9-20 and 32-9-22 or Section 24 of the MARTA Act;

(2) May not utilize a method of financing those public transportation services or facilities provided under the contract which involves:

(A) The issuance of bonds under subsection (c) of Section 24 of the MARTA Act;

(B) The levy of the special retail sales and use tax described and authorized in Section 25 of the MARTA Act; or

(C) Both methods described in subparagraphs (A) and (B) of this paragraph; and

(3) Shall require that the costs of any transportation services and facilities contracted for, as determined by the board on the basis of reasonable estimates, allocations of costs and capital, and projections, shall be borne by one or more of the following:

(A) Fares;

(B) Other revenues generated by such services or facilities;

(C) Any subsidy provided, directly or indirectly, by or on behalf of the public entity with which the authority contracted for the services and facilities; or

(D) A special retail sales and use tax described and authorized in Article 5B of Chapter 8 of Title 48; and

(4) Shall be for services on the regional transit plan and approved by the Atlanta-regional Transit Link 'ATL' Authority.

(b) Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state outside the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. Under a transportation services contract executed pursuant to this subsection:

(1) The services and facilities shall be provided pursuant to a transportation services contract meeting the requirements therefor under subsection (a) of this Code section; and

(2) The contract shall not authorize the construction of any extension of or addition to the authority's existing rapid rail system."

SECTION 3-9.

Said title is further amended in Code Section 32-9-20, relating to rapid transit contract between MARTA and Gwinnett County, by revising subsection (b) as follows: "(b) The board of commissioners of Gwinnett County, subject to the conditions provided in this Code section, shall be authorized to enter into a rapid transit contract for and on behalf of the county with the authority for the provision of the aforesaid services and extension of the existing system to and from and within said county subject to approval by a majority of the qualified voters within said county voting in a referendum as provided for in subsection (c) of this Code section. As a condition precedent to the board of commissioners of Gwinnett County holding such referendum, if a rapid transit contract is entered into after January 1, 2019, the rapid transit service to be provided through the execution of a rapid transit contract shall be from the regional transit plan and approved by the Atlanta-regional Transit Link 'ATL' Authority."

SECTION 3-10.

Said title is further amended in Code Section 32-9-23, relating to retail sales and use tax in Gwinnett County, rate, proceeds, and utilization, by revising paragraph (3) of subsection (c) as follows:

"(3) The effective date of the tax authorized to be levied pursuant to this Code section shall be the first day of the first calendar month following approval of the tax in the referendum required by Code Sections Section 32-9-20 and 32-9-22 unless a later effective date shall have been specified in the resolution or ordinance providing for the levy of the tax; provided, however, that, with respect to services which are regularly billed on a monthly basis, the tax shall become effective with the first regular billing period coinciding with or following the effective date of the tax."

SECTION 3-11.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in Code Section 36-1-27, relating to referendum approval required prior to expenditure of public funds for establishment of fixed guideway transit, definitions, submission of the question to qualified voters, and ballot language, by revising paragraph (4) of subsection (a) and subsection (b) as follows:

"(4) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of Chapter 8 of Title 48 in which mass transportation is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Atlanta-region Transit Link 'ATL' Authority or the Metropolitan Atlanta Rapid Transit Authority.

(b) Prior to an expenditure of any public funds for the establishment, maintenance, and operation of a fixed guideway transit in any county that is a mass transportation regional system participant, the governing authority of such county shall obtain approval from:

(1) The Atlanta-region Transit Link 'ATL' Authority that such project is on the regional transit plan adopted by such authority pursuant to Code Section 50-39-12; and

(2) A a majority of qualified voters of the county in a separate referendum question as provided for in this Code section."

SECTION 3-12.

Said title is further amended by revising Code Section 36-80-26, relating to multi-county community improvement districts for transit projects, as follows:

"36-80-26.

(a) As used in this Code section, the term:

(1) 'County' means any county created under the Constitution or laws of this state.

(2) 'Regional transit plan' means the official multiyear plan for transit services and facilities adopted pursuant to Code Section 50-39-12.

(3) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, and ride share network services, transportation referral services, and taxi services not paid for by a public entity.

(4)(3) 'Transit projects' means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including general obligation debt and other multiyear obligations issued to finance such projects.

(b) A community improvement district for the purpose of the provision of transit projects which are wholly or partially located in more than one county may be created under the authority granted in and consistent with the processes set forth in Section VII of Article IX of the Georgia Constitution. Any such multicounty community improvement district may be authorized to be created upon the passage of a local act of the General Assembly by each county in which such community improvement district is to be wholly or partially located. The transit projects to be provided by such community improvement district shall be projects included in the regional transit plan and through agreement with the Atlanta-region Transit Link 'ATL' Authority. The administrative body of any such community improvement district shall include one member appointed by the governing authority of each county or municipality which is located wholly or partially within such community improvement district."

SECTION 3-13.

Part 2 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to certification of motor carriers, is amended in Code Section 40-1-100, relating to definitions, by revising paragraphs (9) and (10) as follows:

"(9) 'Government endorsed rideshare program' means a vanpool, carpool, or similar rideshare operation conducted by or under the auspices of a state or local governmental transit instrumentality, such as GRTA, a transportation management association, or a community improvement district, or conducted under the auspices of such transit agencies, including through any form of contract between such transit instrumentality and private persons or businesses.

(10) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71 Reserved."

SECTION 3-14.

Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by repealing in its entirety Article 6, relating to planning and development, and designating said article as reserved.

SECTION 3-15.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-243, relating to criteria for development of investment list of projects and programs, report, and gridlock relative to special district transportation sales and use tax, by revising subsection (b) of as follows:

"(b) With regard to any area of a special district that is not part of an MPO, following receipt of the report provided for in subsection (a) of this Code section, and after receiving comments, if any, from members of the General Assembly whose districts lie wholly or partially within such area, the local governments in such area may submit projects to the director to assemble a list of example investments for such special district that comport with the special district's investment criteria. With regard to any area of a special district that is part of an MPO, following receipt of the report provided for in subsection (a) of this Code section, and after receiving comments, if any, from members of the General Assembly whose districts lie wholly or partially within such area, the local governments may submit projects to the director and to the MPO for the director to use to assemble a list of example investments for such special district that comport with the special district's investment criteria. The list of example investments for each special district shall not be required to be fiscally constrained within the budget of the revenues projected to be generated by each special district's sales and use tax and shall be submitted to the executive committee for each regional transportation roundtable for consideration. The executive committee in collaboration with the director shall choose from the list of example investments to create the draft investment list, which shall be approved by majority vote of the executive committee. Such draft investment list shall be fiscally constrained within the ranges of revenues projected to be generated by the special district sales and use tax, as determined by the state fiscal economist. The special district's draft investment list as approved by the executive committee shall be considered by the regional transportation roundtable. The director shall deliver the draft investment list to the local governments, MPO's, and members of the General Assembly whose districts lie wholly or partially within each special district for each special district not later than August 15, 2011. The director shall include in the draft investment list a statement of the specific public benefits to be expected upon the completion of each project on the investment list and how the special district's investment criteria are furthered by each project. Examples of specific public benefits include, but are not limited to, congestion mitigation, increased lane capacity, public safety, and economic development. The director shall include in such delivery notice of the date, time, and location of each district's executive committee meeting and final regional transportation roundtable. Prior to holding the final regional transportation roundtable, the executive committee shall hold, after proper notice to the public, at least two public meetings in the region for the purpose of receiving public comment on the draft regional investment list. The executive committee shall prepare and deliver to all members of the regional roundtable and the director a summary of the public comment on the regional investment list. The local governments, MPO's, and members of the General Assembly whose districts lie wholly or partially within such special district may submit comments on the draft investment list addressed to both the director and the executive committee no later than two weeks prior to the dates of the final regional transportation roundtable and the executive committee meeting, respectively, for the special district. At the final regional transportation roundtable, the draft investment list approved by the executive committee shall be considered for approval by a majority vote of the representatives present at the roundtable. Should the roundtable reject the draft investment list approved by the executive committee, the roundtable then may negotiate amendments that meet the district's investment criteria to the draft investment list, which shall be chosen from the list of example investments for each special district, each voted on separately and requiring a majority vote of the representatives present at the roundtable for approval. Upon consideration of all offered amendments, upon motion, the roundtable shall vote as to the approval of the amended draft list, requiring a majority vote of the representatives present at the roundtable. The approved investment list, if any, shall be provided to the director. On or before October 15, 2011, the director shall deliver such list to the commission, the commissioner of transportation, the executive director of the Atlanta-region Transit Link 'ATL' Authority, local governments, MPO's, and members of the General Assembly whose districts lie wholly or partially within each special district for each special district. The approved investment list shall include:

(1) The specific transportation projects to be funded;

(2) The anticipated schedule of such projects;

(3) The approximate cost of such projects; and

(4) The estimated amount of net proceeds to be raised by the tax including the amount of proceeds to be distributed to local governments pursuant to subsection (e) of Code Section 48-8-249.

If a roundtable does not approve the original draft investment list or an amended draft investment list on or before October 15, 2011, then a special district gridlock shall be declared by the director and no election shall be held in such special district. The question of levying the tax shall not be submitted to the voters of the special district until after 24 months immediately following the month in which the special district gridlock was reached."

SECTION 3-16.

Said title is further amended in Code Section 48-8-249, relating to use of proceeds within special district exclusively for projects on approved investment list and contracts, by revising 1000 subsections (b) and (c) of as follows:

1001 "(b) The commission shall be responsible for the proper application of the proceeds 1002 received from the tax authorized by this article for the approved investment list for each 1003 special district. The commission shall delegate the management of the budget, schedule, 1004 execution, and delivery of the projects contained in the approved investment list as follows: 1005 (1) The commission and shall contract with the Department of Transportation for all 1006 transportation projects except bus and rail mass transit systems and passenger rail in any 1007 special district the boundaries of which are not wholly contained within a single MPO; 1008 and

1009 (2) The commission shall contract with the Atlanta-region Transit Link 'ATL' Authority 1010 only for projects that are bus and rail mass transit systems and passenger rail within any 1011 special district the boundaries of which are wholly contained within a single MPO. 1012 Upon entering into contracts with the Department of Transportation or the Atlanta-region 1013 Transit Link 'ATL' Authority as provided above, the commission shall dispense funds upon 1014 the request of the commissioner of transportation or the executive director of the 1015 Atlanta-region Transit Link 'ATL' Authority, which request shall include certification of 1016 the completion of the project or project element for which funds are requested. Payment 1017 shall be made promptly upon approval by the construction division or the financing and 1018 investment division of the commission, and such payments shall not require any other 1019 official action by the commission. The use of funds so dispensed shall be subject to review 1020 and audit by the construction division and the financing and investment division of the 1021 commission and action by the commission upon receipt of complaint or if otherwise 1022 warranted. The Department of Transportation and Atlanta-region Transit Link 'ATL' 1023 Authority shall consult with the commission on at least a quarterly basis regarding the 1024 progress and performance in the execution, schedule, and delivery of projects on the 1025 approved investment list.

1026 (c) In managing the execution, schedule, and delivery of the projects on the approved 1027 investment list for a special district, the Department of Transportation or Atlanta-region 1028 Transit Link 'ATL' Authority, as appropriate, shall determine whether a project should be 1029 designed and constructed by the Department of Transportation, by a local government, or 1030 by another public or private entity. In making such determination the following shall be 1031 considered:

1032 (1) Whether such project is on the state-wide transportation improvement program, the 1033 state-wide strategic transportation plan, or a transportation improvement program; 1034 (2) The type and estimated cost of the project;

1035 (3) The location of the project and whether it encompasses multiple jurisdictions; 1036 (4) The experience of a local government or governments or a public or private entity in 1037 designing and constructing such project as set forth in an application in a form to be 1038 provided by the commissioner of transportation or the executive director of the 1039 Atlanta-region Transit Link 'ATL' Authority; and 1040 (5) The recommendation of the MPO, if any, for such special district. 1041 Following the decision, the Department of Transportation, the local government or 1042 governments, or another public or private entity as determined under this subsection shall 1043 contract for implementing the projects in accordance with applicable state and federal 1044 requirements."

1045 SECTION 3-17.

1046 Said title is further amended by revising Code Section 48-8-250, relating to report, as 1047 follows:

1048 "48-8-250.

1049 Not later than December 15 of each year, the state revenue commissioner shall publish, on 1050 the website created pursuant to paragraph (3) of subsection (c) of Code Section 48-8-245, 1051 a simple, nontechnical report which shows for each project in the investment list approved 1052 by the director the original estimated cost, the current estimated cost if it is not the original 1053 estimated cost, amounts expended in prior years, and amounts expended in the current year 1054 with respect to each such project. The report shall also include a statement of what 1055 corrective action the commissioner of transportation and the executive director of the 1056 Atlanta-region Transit Link 'ATL' Authority intend intends to implement with respect to 1057 each project which is underfunded or behind schedule and a statement of any surplus funds 1058 which have not been expended for a project."

1059 SECTION 3-18.

1060 Said title is further amended in Code Section 48-8-251, relating to Citizens Review Panel, 1061 membership, vacancy, recommendations, and report, by revising subsection (f) as follows: 1062 "(f) The panel shall be charged with review of the administration of the projects and 1063 programs included on the approved investment list. The panel may make such 1064 recommendations to and require such reports from the Department of Transportation, the 1065 Atlanta-region Transit Link 'ATL' Authority, any other agency or instrumentality of the 1066 state, any political subdivision of the state, and any agency or instrumentality of such 1067 political subdivisions as it may deem appropriate and necessary from time to time in the 1068 interest of the region."

1069 SECTION 3-19.

1070 Said title is further amended, in Code Section 48-13-140, relating to definitions relative to 1071 excise tax on for-hire grand transportation, by revising paragraph (6) as follows: 1072 "(6) 'Transit provider' means the Department of Transportation, the Atlanta-region 1073 Transit Link 'ATL' Authority the Georgia Transportation Efficiency Authority, or a 1074 system providing transit or a jurisdiction operating such a system that receives federal 1075 transit formula funding."

1076 SECTION 3-20.

1077 Said title is further amended by revising Code Section 48-13-143, relating to quarterly 1078 reporting requirement, as follows:

1079 "48-13-143.

1080 Each for-hire ground transport service provider shall submit a quarterly report that 1081 identifies the number of for-hire ground transport trips provided by county of origin and 1082 destination to the department, the Atlanta-region Transit Link 'ATL' Authority, and the 1083 Department of Transportation. All such reports shall be treated as confidential and shall 1084 not be subject to Article 4 of Chapter 18 of Title 50, relating to open records." 1085 SECTION 3-21.

1086 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 1087 in Code Section 50-8-35, relating to powers and duties of regional commissions, by revising 1088 paragraph (5) of subsection (c) as follows:

1089 "(5) A commission may establish within its comprehensive plan goals, objectives, 1090 policies, and recommendations consistent with those established by the Governor's 1091 Development Council or by the department, for its region; and" 1092 SECTION 3-22.

1093 Said title is further amended in Code Section 50-18-72, relating to when public disclosure 1094 not required for state records, by revising paragraph (51) of subsection (a) as follows: 1095 "(51) Reports submitted to the Department of Revenue, the Atlanta-region Transit Link 1096 'ATL' Authority, or the Department of Transportation by a for-hire ground transport 1097 service provider as required pursuant to Code Section 48-13-143." 1098 SECTION 3-23.

1099 Said title is further amended in Code Section 50-23-4, relating to definitions relative to the 1100 Georgia Environmental Finance Authority, by revising paragraph (12) as follows: 1101 "(12) 'Project' means:

1102 (A) The the acquisition, construction, installation, modification, renovation, repair, 1103 extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, 1104 structures, facilities, or other improvements and the acquisition, installation, 1105 modification, renovation, repair, extension, renewal, replacement, rehabilitation, or 1106 furnishing of fixtures, machinery, equipment, furniture, or other property of any nature 1107 whatsoever used on, in, or in connection with any such land, interest in land, building, 1108 structure, facility, or other improvement, all for the essential public purpose of 1109 providing environmental facilities and services so as to meet public health and 1110 environmental standards, protect the state's valuable natural resources, or aid the 1111 development of trade, commerce, industry, agriculture, and employment opportunities, 1112 including, but not limited to, any project as defined by Code Section 12-5-471; 1113 (B) Projects authorized by the Georgia Regional Transportation Authority created by 1114 Chapter 32 of this title and as defined in such chapter, where such authority has been 1115 directed to issue revenue bonds, bonds, notes, or other obligations to finance such 1116 project or the cost of a project in whole or in part, provided that such authority's power 1117 with respect to such projects authorized by the Georgia Regional Transportation 1118 Authority shall be limited to providing such financing and related matters as authorized 1119 by the Georgia Regional Transportation Authority; and 1120 (C) Projects authorized by the Atlanta-region Transit Link 'ATL' Authority created 1121 pursuant to Chapter 39 of this title and as defined in such chapter, where such authority 1122 has been directed to issue revenue bonds, bonds, notes, or other obligations to finance 1123 such project or the cost of a project in whole or in part, provided that such authority's 1124 power with respect to such projects authorized by the Atlanta-region Transit Link 'ATL' 1125 Authority shall be limited to providing such financing and related matters as authorized 1126 by the Atlanta-region Transit Link 'ATL' Authority." 1127 PART IV

1128 SECTION 4-1.

1129 This Act shall become effective upon its approval by the Governor or upon its becoming law 1130 without such approval.

1131 SECTION 4-2.

1132 All laws and parts of laws in conflict with this Act are repealed.