HB 76: Transportation, Department of; require public hearings for local transportation projects of significant impact

Currently, Georgia's transportation planning law (O.C.G.A. § 32-2-3) requires public hearings for major state transportation facilities, but some local projects done by the Department of Transportation in coordination with counties, municipalities, or private entities have not been subject to any hearing or local approval notice. HB76 closes that gap. The bill defines a new term, 'local transportation project of significant impact,' covering projects like roadway extensions, new roadway construction, or major intersection reconfiguration that the department works on with a local government or private entity, regardless of who pays for it, as long as they were not already subject to local zoning notice or approval. It then requires the department to hold public hearings for these projects, using rules similar to those already used for other transportation planning hearings, and tightens the deadline language for public hearing requests. The bill would repeal any conflicting laws.

• Adds a new legal definition of 'local transportation project of significant impact' covering road projects the department works on with local governments or private entities that lack existing zoning or approval notice.
• Requires the department to hold public hearings specifically for these newly defined local transportation projects of significant impact.
• Directs that hearing rules for these local projects be substantially similar to existing rules for comprehensive transportation plan hearings.
• Expands the general public hearing participation requirement to explicitly include the design and impact of these local projects.
• Changes the deadline rule for requesting a public hearing from 'may not be less than 21 days' to 'shall not be less than 21 days' after the first published notice, making the timeline mandatory rather than discretionary.
• Replaces the term 'governments' with 'governing bodies' in provisions about who must receive hearing notices.

Georgia counties and municipalities that partner with the Department of Transportation on road projects, private entities involved in such projects, local planning agencies, and residents near proposed roadway extensions, new roads, or major intersection reconfigurations who would gain a formal chance to weigh in.

Local road projects done in coordination with the state that previously bypassed any public notice or zoning review would now require a hearing, giving nearby residents and local governing bodies a formal opportunity to learn about and comment on road changes before they happen.

• Section 1 adds paragraph (2.1) to subsection (a), defining 'local transportation project of significant impact' as department-involved road work causing significant changes not already subject to local zoning or approval notice.
• Section 1 adds new paragraph (f)(3) requiring the department to hold hearings for these local projects using rules substantially similar to existing planning hearing rules.
• Section 1 revises renumbered paragraph (f)(4) to explicitly include 'the design and impact of local transportation projects of significant impact' among topics covered at public hearings.
• Section 1 changes the hearing request deadline rule from permissive ('may') to mandatory ('shall') in paragraph (f)(5)(A).
• Section 1 replaces 'governments' with 'governing bodies' in notice provisions in paragraphs (f)(5)(B) and (f)(6)(B).
• Section 2 repeals any conflicting laws.

1. 2025-01-27House Second Readers (House)
2. 2025-01-17House First Readers (House)
3. 2025-01-16House Hopper (House)

• Stacey Evans (D, HD-057)Primary sponsor
• Vance Smith (R, HD-138)
• Bryce Berry (D, HD-056)

• transportation planning
• public hearings
• road construction
• local government
• Department of Transportation