HB1286: HB1286 Atlanta-region Transit Link Authority; position of director of planning; abolish

26 LC 39 9009 House Bill 1286 By: Representatives McDonald III of the 26 th, DeLoach of the 167th, LaHood of the 175th, Jasperse of the 11th, and Williams of the 168th A BILL TO BE ENTITLED AN ACT To amend Title 32, Code Section 48-8-242, and Article 1 of Chap ter 39 of Title 50 of the1 Official Code of Georgia Annotated, relating to highways, bridges, and ferries, definitions2 relative to special district transportation sales and use tax ( TSPLOST), and creation and3 organization of the Atlanta-region Transit Link "ATL" Authority , respectively, so as to4 abolish the position of director of planning; to transfer duties and responsibilities relative to5 transportation planning to the c ommissioner of transportation; to provide for conforming6 changes; to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,10 is amended by revising Code Section 32-2-1, relating to composi tion of Department of11 Transportation, as follows:12 "32-2-1.13 The Department of Transportation shall consist of the State Transportation Board board,14 the commissioner of transportation, the director of planning, the deputy commissioner of15 transportation, the chief engineer, the treasurer and the assistant treasurer of transportation,16 H. B. 1286 - 1 - 26 LC 39 9009 and such subordinate employees as may be deemed necessary by the commissioner or the17 director of planning."18 SECTION 2.19 Said title is further amended by revising Code Section 32-2-22, relating to definitions,20 responsibilities of director and Planning Division, and approva l of program and plan, as21 follows:22 "32-2-22.23 (a) As used in this chapter and in Article 2 of Chapter 5 of this title, the term:24 (1) 'Director' means the director of planning provided for by Code Section 32-2-43.25 (2) 'Division' means the Planning Division of the department provided for by paragraph26 (4) of subsection (b) of Code Section 32-2-41.27 (3)(2) 'Metropolitan planning organization' means the forum for coop erative28 transportation decision making for a metropolitan planning area.29 (4)(3) 'Metropolitan transportation plan' means the official intermodal transportation plan30 that is developed and adopted through the metropolitan transportation planning process31 for a metropolitan planning area.32 (5)(4) 'Nonmetropolitan area' means a geographic area outside the de signated33 metropolitan planning areas.34 (5.1)(5) 'State-wide freight and logistics implementation plan' means the plan established35 pursuant to Code Section 32-2-41.4.36 (6) 'State-wide strategic transportation plan' means the offic ial, intermodal,37 comprehensive, fiscally constrained transportation plan which i ncludes projects,38 programs, and other activities to support implementation of the state's strategic39 transportation goals and policies. This Such plan and the process for developing the plan40 shall comply with 23 C.F.R. Section 450.104.41 H. B. 1286 - 2 - 26 LC 39 9009 (7) 'State-wide transportation improvement program' means a st ate-wide prioritized42 listing of transportation projects covering a period of four years that is consistent with the43 state-wide strategic transportation plan, metropolitan transpor tation plans, and44 transportation improvement programs and required for multi-modal projects to be eligible45 for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.46 (8) 'Transportation improvement program' means a prioritized listing of transportation47 projects covering a period of four years that is developed and formally adopted by a48 metropolitan planning organization as part of the metropolitan transportation planning49 process, consistent with the metropolitan transportation plan, and required for projects50 to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.51 (b) The director commissioner and the division shall:52 (1) Review and make recommendations to the Governor concerning all proposed53 regional land transportation plans and transportation improveme nt programs and54 negotiate with the propounder of the plans concerning changes o r amendments which55 may be recommended by the department or the Governor, consisten t with applicable56 federal law and regulation;57 (2) Review any transportation projects proposed by the department and adopt, remove,58 or otherwise include such projects as all or a portion of department plans, consistent with59 applicable federal law and regulation;60 (3) Develop the state-wide strategic transportation plan, the state-wide transportation61 improvement program, and the state-wide freight and logistics implementation plan and62 support the various transportation improvement programs;63 (4) Develop an annual capital construction project list to be reviewed by the Governor64 and submitted to the General Assembly for consideration in the budget;65 (5) Promulgate rules and regulations necessary to carry out it s duties under the66 provisions of this title. The division shall report the content of such rules or regulations67 H. B. 1286 - 3 - 26 LC 39 9009 to the House and Senate Transportation Committees of the Senate and House of68 Representatives for their approval by majority vote prior to the promulgation thereof; and69 (6) Do all things necessary or convenient to carry out the powers expressly given in this70 Code section.71 (c) After review and approval by the Governor, the state trans portation improvement72 program and the state-wide strategic transportation plan shall be submitted to the State73 Transportation Board board for approval."74 SECTION 3.75 Said title is further amended in Code Section 32-2-41, relating to powers, duties, and76 authority of commissioner and establishment of divisions, by re vising the introductory77 language of subsection (a) and revising paragraph (4) of subsection (b) as follows:78 "(a) As the chief executive officer of the department, the commissioner shall have direct79 and full control of the department. He or she shall possess, exercise, and perform all the80 duties, powers, and authority which may be vested in the department by law, except those81 duties, powers, and authority which are expressly reserved by l aw to the board or the82 director of planning . The commissioner's principal responsibility shall be the fai thful83 implementation of transportation plans produced by the director of planning commissioner84 and the Planning Division and approved by the Governor and the State Transportation85 Board board, subject to the terms of such appropriations Acts as may be adopted from time86 to time. The commissioner shall also be responsible for the duties and activities assigned87 to the commissioner in Article 5 of Chapter 8 of Title 48. When the board is not in regular88 or called session, the commissioner shall perform, exercise, and possess all duties, powers,89 and authority of the board except:"90 "(4) There shall be a Planning Division of the department, dire cted and staffed by the91 director of planning, which shall be the department's principal unit for developing the92 state transportation improvement program, the state-wide strategic transportation plan,93 H. B. 1286 - 4 - 26 LC 39 9009 and the state-wide freight and logistics implementation plan an d coordinating94 transportation policies, planning, and programs related to desi gn, construction,95 maintenance, operations, and financing of transportation, under the supervision of the96 director commissioner. The division and the director shall not have jurisdiction over the97 funds allocated for the local maintenance and improvement grant program pursuant to98 subsection (d) of Code Section 32-5-27 except as expressly prov ided by said such99 subsection."100 SECTION 4.101 Said title is further amended by revising Code Section 32-2-41. 1, relating to state-wide102 strategic transportation plan, as follows:103 "32-2-41.1.104 The director commissioner, after consultation from the Planning Division, shall prepare a105 state-wide strategic transportation plan. Such plan shall be u pdated and delivered in106 coordination with the state-wide, intermodal transportation pla n as defined in 23 C.F.R.107 Section 450.104. The director shall prepare the state-wide strategic transportation plan for108 Such plan shall be presented to the Governor, Lieutenant Governor, Speaker of the House109 of Representatives, and the chairpersons of the Senate Transpor tation Committee and110 House Committee on Transportation House and Senate Transportation Committees."111 SECTION 5.112 Said title is further amended by revising Code Section 32-2-41.2, relating to development of113 benchmarks, reports, and value engineering studies, as follows:114 "32-2-41.2.115 (a) The commissioner shall develop and publish in print or ele ctronically benchmarks,116 based upon the type and scope of a construction project, that detail a realistic time frame117 H. B. 1286 - 5 - 26 LC 39 9009 for completion of each stage of a construction project, including preliminary engineering118 and design, environmental permitting and review, and right of way acquisition.119 (b) The director commissioner or his or her designee shall submit an annual report to the120 Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the121 chairpersons of the House and Senate Transportation Committees detailing the progress of122 every construction project valued at $10 million or more agains t the benchmarks. This123 Such report shall include an analysis explaining the discrepancies between the benchmarks124 and actual performance on each project as well as an explanatio n for delays. This The125 report shall also be published on the website of the department.126 (c) The department shall create and maintain on its website a detailed status report on each127 project under planning or construction. This Such status report shall include, but not be128 limited to, the name and contact information of the project manager, if applicable.129 (d) Value engineering studies shall be performed on all projects whose costs exceed $50130 million, except for any project procured in accordance with Cod e Sections 32-2-79,131 32-2-80, and or 32-2-81, and the director commissioner or his or her designee shall submit132 an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of133 Representatives, and the chairpersons of the House and Senate Transportation Committees134 detailing the amount saved due to the value engineering studies . This Such report shall135 also be published on the website of the department."136 SECTION 6.137 Said title is further amended by revising Code Section 32-2-41. 4, relating to state-wide138 freight and logistics implementation plan, by revising subsections (a) and (e) as follows:139 "(a) The director commissioner, in consultation with the Planning Division, shall develop140 and maintain a state-wide freight and logistics implementation plan. Such plan may be141 included within or separate from the federal state freight plan required by 49 U.S.C.142 H. B. 1286 - 6 - 26 LC 39 9009 Section 70202; provided, however, that the state-wide freight and logistics implementation143 plan shall be updated in coordination with such federal plan."144 "(e) By February 15 of each year, the director commissioner or his or her designee shall145 provide the House and Senate Committees on Transportation Committees with a report on146 the state-wide freight and logistics implementation plan, which shall include information147 from the previous fiscal year on the:148 (1) Budgetary proposal of state funds needed by the department to fully procure federal149 aid funds;150 (2) Status of the department's program to deliver projects whi ch add capacity to151 roadways through the exclusive use of state funds; and152 (3) Status of any critical projects and available funding for:153 (A) Widening of interstates;154 (B) Widening of noninterstate arterial roads;155 (C) Interchange, intersection, and other operational improvements;156 (D) Intermodal or multimodal capacity enhancements;157 (E) Railroad crossing access and safety improvements;158 (F) Commercial motor vehicle parking and safety improvements;159 (G) Projects located in an international ocean trade zone, an inland port zone, or a160 commercial and industrial impact zone as described in subsectio n (d) of this Code161 section; and162 (H) Projects of significant economic impact."163 SECTION 7.164 Said title is further amended by repealing Code Section 32-2-43 , relating to director of165 planning, appointment, and responsibilities.166 H. B. 1286 - 7 - 26 LC 39 9009 SECTION 8.167 Said title is further amended by revising Code Section 32-5-27, relating to allocation formula168 development and implementation, as follows:169 "32-5-27.170 (a) The Planning Division of the department and the director of planning shall develop an171 allocation formula for:172 (1) A state-wide transportation asset management program;173 (2) A state-wide transportation asset improvement program; and174 (3) A local maintenance and improvement grant program.175 Funds from the State Public Transportation Fund shall be alloca ted by the department176 pursuant to such formula as further defined in subsections (b) through (d) of this Code177 section and as appropriated by the General Assembly. Every four years, concurrent with178 the renewal of the state-wide strategic transportation plan, th e division and the director179 commissioner shall update the data used in the allocation formula and shall review the180 distributional components of the formula and at such time may a mend the formula as181 necessary to support implementation of the plans provided for in Code Section 32-2-22.182 (b) Funds appropriated for the state-wide transportation asset management program shall183 be allocated pursuant to the long-range state-wide strategic tr ansportation plan and shall184 be available for administration, maintenance, operations, and r ehabilitation of185 infrastructure.186 (c)(1) Funds allocated for the state-wide transportation asset improvement program shall187 be allocated for capital construction projects, which may include new capacity, expansion188 of current infrastructure, safety improvements, or completion of, additions to, and capital189 improvement of state strategic corridors and economic development highways, including190 but not limited to those identified pursuant to Code Section 32-4-22. Recommendations191 for appropriation to the state-wide transportation asset improv ement program shall192 H. B. 1286 - 8 - 26 LC 39 9009 include consideration of current and future regional population and regional employment. 193 Local funding matches may be required.194 (2) A portion of this allocation shall be a specific itemized and prioritized project list and195 such portion shall be not less than 10 percent nor more than 20 percent of the aggregate196 allocation from the State Public Transportation Fund, subject to and consistent with the197 provisions of the state-wide transportation improvement program , for such fiscal year. 198 In developing such project list the division and the director may accept project199 recommendations from the House and Senate Transportation Committees of the Senate200 and the House of Representatives , the Governor, metropolitan planning organizations,201 and nonmetropolitan areas. Such projects shall be prioritized in accordance with the202 state-wide strategic transportation plan. The division and the director commissioner shall203 submit such prioritized capital construction projects to the Governor for consideration in204 advance of the legislative session each year. The Governor shall submit all or a portion205 of such capital construction project requests as part of the Go vernor's budget206 recommendations to the General Assembly. The General Assembly may appropriate207 funds to any project on the prioritized project list.208 (3) In addition to the portion of the state-wide transportation asset improvement program209 subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds210 from the State Public Transportation Fund may be allocated to t he state-wide211 transportation asset improvement program that are not subject t o specific project212 selection.213 (d) Funds allocated for the local maintenance and improvement grant program shall214 replace funds formerly available under the local assistance roa d program and state-aid215 program and shall be allocated by the Local Grants Division of the department to local216 governing authorities as grants or otherwise according to a funding formula developed by217 the division and the director commissioner. Such formula shall include considerations of218 paved and unpaved lane miles and vehicle miles traveled and may include population,219 H. B. 1286 - 9 - 26 LC 39 9009 employment, and local funding matches available, as well as oth er factors as may be220 determined by the division and the director commissioner. Funds allocated each fiscal year221 for the local maintenance and improvement grant program shall be not less than 10 percent222 nor more than 20 percent of the money derived from motor fuel taxes received by the state223 in the immediately preceding fiscal year, less the amount of refunds, rebates, and collection224 costs authorized by law and shall be used only for the purposes available for the proceeds225 of such taxes. Grants of such funds shall include provisions r equiring adherence to226 adequate roadway standards, accounting practices, and applicabl e transportation plans. 227 Additional allocations to this such program from other funding sources shall be allocated228 subject to the requirements for usage attached to such funds.229 (e) Funds allocated or appropriated pursuant to the provisions of this Code section shall230 not be subject to redirection or reservation pursuant to Chapte r 12 of Title 45 or to231 budgetary reduction except as provided by subparagraph (b) of Paragraph VI of Section IX232 of Article III of the Constitution.233 (f) Information pertaining to all funds received and expended by, through, or from the234 department, including but not limited to project numbers, ; let dates, ; estimated costs, ;235 actual costs,; estimated completion date,; status,; priority ranking,; congressional, House236 of Representatives, and Senate districts, ; vendor names, ; contract amounts, ; and other237 pertinent contract information, shall be published on the website of the department as data238 in a structured format. As used in this subsection, the term 'structured format' means data239 that is presented in machine readable format."240 SECTION 9.241 Said title is further amended in Code Section 32-5-30, relating to allocation of state and242 federal funds, items excluded from budgeting, budgeting periods , and authorization of243 reduction of funds allocated, by revising subparagraph (a)(1)(C) as follows:244 H. B. 1286 - 10 - 26 LC 39 9009 "(C) Any funds for a project undertaken for purposes of providi ng for the planning,245 surveying, constructing, paving, and improving of any part of t he state designated246 freight corridor, when such designation is made by the director of planning247 commissioner with approval from a majority of the board."248 SECTION 10.249 Code Section 48-8-242 of the Official Code of Georgia Annotated , relating to definitions250 relative to special district transportation sales and use tax ( TSPLOST), by revising251 paragraph (5) as follows:252 "(5) 'Director' means the director of planning provided for in Code Section 32-2-43 of253 the Department of Transportation as in existence until July 1, 2026."254 SECTION 11.255 Article 1 of Chapter 39 of Title 50 of the Official Code of Geo rgia Annotated, relating to256 creation and organization of the Atlanta-region Transit Link "A TL"Authority, is amended257 by revising Code Section 50-39-5, relating to continuation of the development of the Atlanta258 region's Concept 3 transit proposal, as follows:259 "50-39-5.260 The Atlanta Regional Commission in conjunction with the authori ty and the director of261 planning for commissioner of the Department of Transportation shall utilize federal and262 state planning funds to continue the development of the Atlanta region's Concept 3 transit263 proposal, including assessment of potential economic benefit to the region and the state,264 prioritization of corridors based on highest potential economic benefit and lowest265 environmental impact, and completion of environmental permitting."266 SECTION 12.267 All laws and parts of laws in conflict with this Act are repealed.268 H. B. 1286 - 11 -