House Bill 76
By: Representatives Evans of the 57th, Smith of the 138th, and Berry of the 56th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to
development of transportation plans, public hearings, approval of plans by board, and
promulgation of rules and regulations by the Department of Transportation, so as to require
public hearings for local transportation projects of significant impact; to provide for a
definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to development of
transportation plans, public hearings, approval of plans by board, and promulgation of rules
and regulations by the Department of Transportation, is amended by adding a new paragraph
to subsection (a) and revising subsection (f) as follows:
<ins>"(2.1) 'Local transportation project of significant impact' means any undertaking for a
public road or any other transportation purpose in which the department performs any
aspect of consultation, design, or construction in coordination with or on behalf of a
county, municipality, or private entity regardless of the funding source of the project, and
such project or purpose involves significant changes to public roads, including, but not
</ins>
<ins>limited to, roadway extensions, construction of a new roadway, or reconfiguration of a
major intersection, that were not previously subject to notice requirements relating to
changes in local zoning or any other form of local approval."
</ins> "(f)(1) The department shall, pursuant to its rules and regulations, hold planning hearings
at the appropriate state, regional, or local level, at which time the comprehensive
transportation plans included in subsection (b) of this Code section shall be presented for
discussion and comment.
(2) The department shall, pursuant to its rules and regulations, hold hearings at the
appropriate regional or local level for major transportation facilities, or as required by
federal law, as follows:
(A) A facility, site, or project corridor hearing, at a time after the selection of the type
or types of transportation facility or facilities to be constructed and prior to the final
selection of the specific site or corridor of the proposed facility; and
(B) A design hearing, at a time prior to the department's commitment to a specific
design proposal for the facility or facilities.
<ins>(3) The department shall, pursuant to rules and regulations or as required by federal law,
hold hearings for any local transportation project of significant impact. Any rules and
regulations adopted for purposes of this paragraph shall be substantially similar in nature
to those adopted for purposes of notice and hearings for paragraph (1) of this subsection.
</ins> <del>(3)(4)</del> <ins>The public hearings required by this Code section</ins> <del>These public hearings</del> shall be
conducted so as to provide an opportunity for effective participation by interested persons
in transportation policy decisions, the process of transportation planning, modal
selections, <del>and</del> site and route selection, <del>and</del> the specific location and design of major
transportation facilities, <ins>and the design and impact of local transportation projects of
significant impact.</ins> The various factors involved in the decision or decisions and any
alternative proposals shall be clearly presented so that the persons attending the hearing
may present their views relating to the decision or decisions which will be made. The
facility, site, or project corridor hearing and the design hearing for a proposed facility or
facilities may be held simultaneously to satisfy the requirements of this subsection.
(4)(5)(A) The department may satisfy the requirements for a public hearing by holding
a public hearing or by publishing two notices of opportunity for public hearing in a
newspaper having general circulation in the vicinity of the proposed undertaking and
holding a public hearing if any written requests for such a hearing are received. The
procedure for requesting a public hearing shall be explained in the notice. The deadline
for submission of such a request <del>may</del> <ins>shall</ins> not be less than 21 days after the publication
of the first notice of opportunity for public hearing and no less than 14 days after the
date of publication of the second notice of opportunity for public hearing.
(B) A copy of the notice of opportunity for public hearing shall be furnished at the time
of publication to the United States Department of Transportation, the appropriate
departments of state government, and affected local <del>governments</del> <ins>governing bodies</ins> and
planning agencies. If no requests are received in response to a notice within the time
specified for the submission of requests, the department shall be deemed to have met
the hearing requirements.
(C) The opportunity for another public hearing shall be afforded in any case when
proposed locations or designs are changed from those presented in the notices specified
in this paragraph or at a public hearing so as to have a substantially different
transportation service, social, economic, or environmental effect.
(D) The opportunity for a public hearing shall be afforded in each case in which the
department is in doubt as to whether a public hearing is required.
(5)(6)(A) When a public hearing is to be held, two notices of such hearing shall be
published in a newspaper having general circulation in the vicinity of the proposed
undertaking. The first notice shall be published no less than 30 days prior to the date
of the hearing and the second notice shall be published no less than five days prior to
the date of the hearing.
(B) Copies of the notice for public hearing shall be mailed to the United States
Department of Transportation, appropriate departments of state government, and
affected local <del>governments</del> <ins>governing bodies</ins> and planning agencies."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.