---
title: HB 575. Transportation, Department of; authorize notice of certain public hearings by electronic publication
collection: bills
id: 2025-2026/hb575
cite_as: HB 575, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb575
md_url: https://georgiacommons.org/bills/2025-2026/hb575.md
text_url: https://georgiacommons.org/bills/2025-2026/hb575/text
source_url: https://www.legis.ga.gov/legislation/70658
date: 2025-05-14
status: passed
corpus_version: bills-2026-08-28
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1228
omitted_url: https://georgiacommons.org/bills/2025-2026/hb575.md?full=1
bill_number: HB 575
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-05-14
last_action: Effective Date 2025-07-01
sponsors:
  - Derrick McCollum
  - Rick Jasperse
  - Alan Powell
  - Lauren McDonald
  - Leesa Hagan
  - Clint Dixon
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB575/2025
upstream_id: 1979977
summaries_model: claude-sonnet-5
topic_tags:
  - highway construction
  - public hearings notice
  - condominium associations
  - towing regulations
  - utility relocation
---

# HB 575. Transportation, Department of; authorize notice of certain public hearings by electronic publication

## Text

25 HB 575/AP
House Bill 575 (AS PASSED HOUSE AND SENATE)
By: Representatives McCollum of the 30th, Jasperse of the 11th, Powell of the 33rd, McDonald
III of the 26th, and Hagan of the 156th
A BILL TO BE ENTITLED
AN ACT
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges,1
and ferries, so as to authorize notice of certain public hearin gs by the Department of2
Transportation by elect ronic publication; to authorize such dep artment to negotiate the3
acquisition of common property of a condominium association or property owners'4
association with the designated board for either such associati on; to provide standards for5
bringing an action to acquire such common property; to provide for the disbursement of6
consideration received from such department for common property ; to authorize the7
establishment and administration of a program by such department for the clearing of rights8
of way and the removal of wrecked or abandoned heavy duty vehicles from the rights of way9
of interstate highways and limited access highways; to provide for payment of costs relating10
to removal or relocation of public utilities through agreement between the department and11
utility provider; to provide for related matters; to repeal con flicting laws; and for other12
purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
H. B. 575
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25 HB 575/AP
SECTION 1.15
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,16
is amended in Code Section 32-2-3, relating to development of transportation plans, public17
hearings, approval of plans by board, and promulgation of rules and regulations, by revising18
paragraphs (3) through (5) of subsection (f) as follows:19
"(3) These The public hearings required by this subsection shall be conducted so as to20
provide an opportunity for effective participation by interested persons in transportation21
policy decisions,; the process of transportation planning, modal selections, and site and22
route selection,; and the specific location and design of major transportation f acilities. 23
The At such hearings the various factors involved in the decision or decisions and any24
alternative proposals shall be clearly presented so that the persons attending the hearing25
in attendance may present their views relating to the decision or decisions which will be26
made. The hearing required by this subsection for a facility, site, or project corridor27
hearing and the design hearing for the design of a proposed facility or facilities may be28
held simultaneously to satisfy the requirements of this subsection.29
(4)(A) The department may satisfy the requirements of this sub section for a public30
hearing by holding a public hearing or by publishing two notice s of opportunity for31
providing the opportunity to request a public hearing. Such op portunity to request a32
public hearing shall be satisfied upon the publication of notic e once a week for two33
weeks in a newspaper having general circulation in the vicinity of t he proposed34
undertaking and holding a public hearing if any written requests for such a hearing are35
received. The procedure for requesting a public hearing shall be explained in the36
notice. The deadline for submission of such a request may not be less than 21 days37
after the publication of the first notice of opportunity for public hearing and no less than38
14 days after the date of publication of the second notice of o pportunity for public39
hearing.40
H. B. 575
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25 HB 575/AP
(B) A copy of the notice of opportunity for public hearing req uired by41
subparagraph (A) of this paragraph shall be furnished at the time of publication to the42
United States Department of Transportation, the appropriate dep artments of state43
government, and affected local governments and planning agencies. If no requests for44
a public hearing are received in response to a notice published pursuant to45
subparagraph (A) of this paragraph within the time specified for the submission of46
requests in the published notice , the department shall be deemed to have met the47
hearing requirements of this subsection.48
(C) The opportunity for another public hearing shall be afford ed in any case when49
When the proposed locations or designs of an undertaking are changed from those50
presented in the notices specified in published pursuant to subparagraph (B) of this51
paragraph or at a public hearing so as to have a substantially different transportation52
service, or different social, economic, or environmental effect, a new public hearin g53
shall be required . Such public hearing shall be held in accordance with the54
requirements of this subsection.55
(D) The opportunity for a public hearing shall be afforded in each case in which the56
department is in doubt department shall hold a public hearing for an undertaking in any57
instance in which federal or state law is unclear as to whether a public hearing is58
required.59
(5)(A) When a public hearing is to be held pursuant to this subsection, two notices of60
such hearing shall be published in print or electronically in a newspaper having general61
circulation in the vicinity of the proposed undertaking. The f irst notice shall be62
published no less than 30 days prior to the date of the hearing and the second notice63
shall be published no less than five days prior or in the last publication date available64
prior to the date of the hearing. The department shall publish a copy of such hearing65
notice on its public website no less than 30 days prior to the date of the hearing.66
H. B. 575
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25 HB 575/AP
(B) Copies of the notice for public hearing published pursuant to this paragraph shall67
be mailed to the United States Department of Transportation, appropriate departments68
of state government, and affected local governments and planning agencies."69
SECTION 2.70
Said title is further amended by adding a new Code section to read as follows:71
"32-3-2.1.72
(a) As used in this Code section, the term:73
(1) 'Authorized board' means the executive and administrative body designated in a74
condominium instrument or property owners' association instrume nt as the governing75
body of common property as set forth in Article 3 or Article 6 of Chapter 3 of Title 44.76
(2) 'Common property' shall include common elements, as such term is defined in Code77
Section 44-3-71 and common areas, as such term in defined in Code Section 44-3-221.78
(3) 'Declaration' shall have the same meaning as set forth in Code Section 44-3-71.79
(4) 'Instrument' shall have the same meaning as set forth in Code Section 44-3-221.80
(5) 'Owner' means any person having interest in property under a declaration or81
instrument.82
(b) Notwithstanding any provision of Chapter 3 of Title 44 to the contrary, when the83
department seeks to acquire any common property, the department shall be authorized to84
conduct all phases of such pre-acquisition and acquisition with officers of the authorized85
board. Unless specified to the contrary in any recorded instru ment or declaration, an86
authorized board shall be authorized to convey common property to the department on87
behalf of all owners. If, during the pre-acquisition or acquis ition phase of common88
property authorized by this Code section, the department and authorized board fail to agree89
upon the terms of acquisition, the department shall be authorized to bring the authorized90
association as a party in any action in lieu of each owner; provided, however, that when an91
owner is directly impacted by a proposed acquisition in relatio n to other owners, such92
H. B. 575
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25 HB 575/AP
owner shall be individually named in the action. An owner shall be bound by the judgment93
in any action brought by the department against an authorized association pursuant to this94
Code section.95
(c) Any consideration received by an authorized board in exchange for common property96
pursuant to this Code section shall be allocated to each owner pursuant to any ownership97
interest set forth in a declaration or instrument."98
SECTION 3.99
Said title is further amended in Code Section 32-6-2, relating to authority of department,100
counties, and municipalities to regulate parking and parking ve hicles or leaving vehicles101
unattended on right of way of public road on state highway syst em, by adding a new102
paragraph to read as follows:103
"(5) Notwithstanding any provision of Chapter 11 of Title 40 or Code Section 44-1-13104
to the contrary, the department shall be authorized to establish and administer a towing105
and recovery program for the restoration of the right of way an d the removal from the106
right of ways of interstate highways and limited access highway s vehicles exceeding107
16,000 pounds that have been disabled, damaged, abandoned, or w recked or are108
otherwise inoperable and which impede the flow of traffic as determined and requested109
by the department, the Department of Public Safety, local law enforcement, or designated110
fire department personnel. The authority of the department relating to such towing and111
recovery program shall include all powers necessary to create a nd administer such a112
program, including, but not limited to, the power to adopt all policies, procedures,113
qualifications, standards, and specifications for towing operat ors and to establish114
incentives for towing operators to carry out and effectuate the purposes of this Code115
section. The removal of any vehicle pursuant to the program au thorized by this Code116
section shall include removal or cleanup of any affected cargo transported or spilled by117
H. B. 575
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any vehicle exceeding 16,000 pounds but not any passenger vehicles or personal property118
thereof."119
SECTION 4.120
Said title is further amended in Code Section 32-6-170, relating to payment by department121
of costs of removal, relocation, and adjustment of utility faci lities necessitated by122
construction of public roads, by revising subsection (b) as follows:123
"(b) The department is authorized to pay or participate in the payment of the costs of124
removing, relocating, or making necessary adjustments to any of the following facilities125
or any component part thereof if they are owned by a public uti lity that is publicly,126
privately, or cooperatively owned, without regard to whether such facilities were originally127
installed upon rights of way of the state highway system, a cou nty road system, or a128
municipal street system, where the department has made the dete rmination that (i) such129
payments are in the best interest of the public and necessary in order to expedite the staging130
of the project; and (ii) the costs of the removal, relocation, or adjustment of such facilities131
are included as part of the contract between the department and the department's roadway132
contractor for the project or in a written agreement between the utility and the department,133
provided that such removal, relocation, or adjustment is made n ecessary by the134
construction or maintenance of a public road by the department: water distribution and135
sanitary sewer facilities and sy stems for producing, transmitti ng, or distributing136
communications, power, electricity, light, heat, gas, steam, wa ste, and storm water not137
connected with highway drainage, including fire and police signals, traffic-control devices,138
and street lighting systems."139
SECTION 5.140
All laws and parts of laws in conflict with this Act are repealed.141
H. B. 575
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## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 575 lets the Georgia Department of Transportation post certain public hearing notices online, negotiate directly with condo and homeowner associations to buy shared property, and run a program to clear wrecked heavy trucks from interstates.

### Plain-language summary

Current Georgia law requires the Department of Transportation to publish notices about certain transportation hearings only in print newspapers. This bill lets those notices run electronically as well, and requires the department to post hearing notices on its own website at least 30 days ahead of a hearing.
The bill also adds a new process letting the department negotiate directly with a condominium association's or property owners' association's governing board to buy shared common property, rather than dealing with every individual owner, while still allowing owners directly affected to be named individually in a legal action if talks fail. It creates a towing and recovery program so the department can remove wrecked, abandoned, or disabled trucks over 16,000 pounds and their spilled cargo from interstates and limited access highways. Finally, it lets the department pay utility companies' relocation costs under a written agreement when road construction requires moving pipes, wires, or similar facilities.

### What it does

- Allows the Department of Transportation to publish certain required public hearing notices electronically as well as in print newspapers.
- Requires the department to post a copy of hearing notices on its public website at least 30 days before the hearing date.
- Creates a new process letting the department negotiate the purchase of shared common property directly with a condominium or property owners' association board instead of every individual owner.
- Lets the department sue an association as a group over disputed common property purchases, while still naming owners individually if they are specifically affected.
- Authorizes the department to create and run a towing and recovery program to remove disabled, wrecked, or abandoned trucks over 16,000 pounds, plus spilled cargo, from interstates and limited access highways.
- Lets the department pay or share the cost of relocating public utility facilities (like water lines or power lines) when a written agreement or contract requires it for a road project.

### Who it affects

The bill affects the Department of Transportation, condominium and homeowners' association boards and their individual members, owners of large commercial trucks over 16,000 pounds, towing operators, public utility companies, and Georgians who attend or rely on public notice of transportation hearings.

### Why it matters

Georgians following road projects may see hearing notices posted online instead of only in newspapers. Condo and homeowner associations would deal with the state through their boards rather than owner by owner when the state wants to buy shared land, and heavy wrecked trucks could be cleared from highways faster under a new state-run towing program.

### Key provisions

- Section 1 amends O.C.G.A. § 32-2-3 to allow electronic newspaper publication of hearing notices and requires the department to post hearing notices on its website at least 30 days before a hearing.
- Section 1 also clarifies when a new public hearing is required if a project's location or design changes significantly, and when hearings must be held despite legal uncertainty.
- Section 2 adds a new Code Section 32-3-2.1 letting the department negotiate and, if needed, sue a condominium or property owners' association board to acquire common property, with proceeds split among owners by their ownership share.
- Section 3 amends O.C.G.A. § 32-6-2 to authorize a towing and recovery program removing vehicles over 16,000 pounds and spilled cargo from interstates and limited access highways, including setting operator standards and incentives.
- Section 4 revises O.C.G.A. § 32-6-170 to let the department pay utility relocation costs under a contract with its roadway contractor or a written agreement with the utility, when road work requires moving the facilities.
- Section 5 repeals conflicting laws.

## Status

- Status: Passed (2025-05-14)
- Last action: Effective Date 2025-07-01 (2025-05-14)
- Sponsors: Derrick McCollum, Rick Jasperse, Alan Powell, Lauren McDonald, Leesa Hagan, Clint Dixon
- Official page: https://www.legis.ga.gov/legislation/70658

> The history, votes, and amendments (1,228 characters) are at https://georgiacommons.org/bills/2025-2026/hb575.md?full=1