HB1277: HB1277 Conservation and natural resources; increase project cost threshold for public roads or airports requiring environmental evaluations

26 HB 1277/AP House Bill 1277 (AS PASSED HOUSE AND SENATE) By: Representatives Barton of the 5th, Jasperse of the 11th, Campbell of the 171st, Hagan of the 156th, and McDonald III of the 26th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 16 of Title 12 and Title 32 of th e Official Code of Georgia1 Annotated, relating to environmental policy and highways, bridges, and ferries, respectively,2 so as to increase the project cost threshold for public roads o r airports requiring3 environmental evaluations; to authorize annual adjustments to such thresholds based upon4 inflation; to revise various reporting requirements relating to projects of and contracts5 awarded by the Department of Transportation; to provide for publication of such reports; to6 repeal a limit on the amount of design-build projects that may be awarded by such7 department; to increase the property value threshold for requirements relating to the sale of8 property no longer needed for public road purposes; to authorize annual adjustments to such9 threshold based upon inflation; to provide for conforming chang es; to amend Code10 Section 46-2-20.1 of the Official Code of Georgia Annotated, re lating to electric vehicle11 charging services and operation, so as to provide for definitions; to amend an Act relating to12 regulation and taxation of electricity used as motor fuel and electric vehicle charging stations,13 approved May 2, 2023 (Ga. L. 2023, p. 376/SB 146), as amended, so as to extend the14 effective date of provisions relative to regulatory authority of the Department of Agriculture15 and revenue and taxation; to provide for related matters; to repeal conflicting laws; and for16 other purposes.17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 H. B. 1277 - 1 - 26 HB 1277/AP SECTION 1.19 Article 1 of Chapter 16 of Title 12 of the Official Code of Geo rgia Annotated, relating to20 environmental policy, is amended by revising Code Section 12-16-9, relating to limitation21 on requirement for environmental evaluation, as follows:22 "12-16-9.23 When a project of a department, municipality, county, or authority to construct or improve24 a public road or airport does not exceed $100 $200 million in costs, such project shall not25 constitute a proposed governmental action which may significant ly adversely affect the26 quality of the environment and the requirements of this article shall not be applicable,27 except that an environmental evaluation shall be considered in the decision-making28 process, consistent with paragraph (3) of Code Section 12-16-2, when it is probable to29 expect significant adverse impact on historical sites or buildi ngs and cultural resources. 30 On July 1, 2027, and each July 1 thereafter, the division shall be authorized to annually31 adjust the cost threshold established in this Code section; pr ovided, however, that such32 adjustment shall not result in an increase by more than the ann ual rate of inflation as33 measured by the Consumer Price Index as reported by the Bureau of Labor Statistics of the34 United States Department of Labor."35 SECTION 2.36 Title 32 of the Official Code of Georgia Annotated relating to highways, bridges, and ferries,37 is amended by revising Code Section 32-2-41.2, relating to deve lopment of benchmarks,38 reports, and value engineering studies, as follows:39 "32-2-41.2.40 (a) The commissioner shall develop and publish in print or ele ctronically benchmarks,41 based upon the type and scope of a construction project, that detail a realistic time frame42 for completion of each stage of a construction project, including preliminary engineering43 and design, environmental permitting and review, and right of way acquisition The 44 H. B. 1277 - 2 - 26 HB 1277/AP department shall develop and publish an annual fiscal year repo rt accounting for the45 investment of public funds in transportation during the previou s fiscal year. Such report46 shall be made available to the Governor and the General Assembl y by January 15 of each47 year.48 (b) The director shall submit an annual report to the Governor, the Lieutenant Governor,49 the Speaker of the House of Representatives, and the chairpersons of the House and Senate50 Transportation Committees detailing the progress of every construction project valued at51 $10 million or more against the benchmarks. This report shall include an analysis52 explaining the discrepancies between the benchmarks and actual performance on each53 project as well as an explanation for delays. This report shal l also be published on the54 website of the department The department shall maintain on its website a detailed status55 report for each programmed project, including a project description, projected schedule by56 programmed phases, and projected cost by programmed phases.57 (c) The department shall create and maintain on its website a detailed status report on each58 project under planning or construction. This status report shall include, but not be limited59 to, the name and contact information of the project manager, if applicable.60 (d) Value engineering studies shall be performed on all projects whose costs exceed $5061 million, except for any project procured in accordance with Cod e Sections 32-2-79,62 32-2-80, and 32-2-81, and the director shall submit an annual report to the Governor, the63 Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons64 of the House and Senate Transportation Committees detailing the amount saved due to the65 value engineering studies. This report shall also be published on the website of the66 department."67 SECTION 3.68 Said title is further amended in Code Section 32-2-43, relating to director of planning,69 appointment, and responsibilities, by revising subsection (b) as follows:70 H. B. 1277 - 3 - 26 HB 1277/AP "(b) The director of planning's principal responsibility shall be the development of71 transportation plans, including the development of the state-wide strategic transportation72 plan, state-wide transportation improvement program, state-wide freight and logistics73 implementation plan, and other comprehensive plans pursuant to the provisions of Code74 Section Sections 32-2-3 and Code Section 32-2-22, and strategic transportation plans75 pursuant to the provisions of Code Section 32-2-41.1, and bench marks and value76 engineering studies pursuant to the provisions of Code Section 32-2-41.2, in consultation77 with the board, the Governor, and the commissioner. The director shall also be responsible78 for the duties and activities assigned to the director in Article 5 of Chapter 8 of Title 48. 79 The director shall be the director of the Planning Division of the department and shall80 possess, exercise, and perform all the duties, powers, and authority which may be vested81 in such division by law and are necessary or appropriate for su ch purpose, except those82 duties, powers, and authority which are expressly reserved by l aw to the board or the83 commissioner."84 SECTION 4.85 Said title is further amended in Code Section 32-2-69, relating to bidding process and award86 of contract, by revising subsection (a) as follows:87 "(a) Except as authorized by Code Sections 32-2-79, 32-2-80, and 32-2-82, the department88 shall award contracts to the lowest reliable bidder, provided that the department shall have89 the right to reject any and all such bids whether such right is reserved in the public notice90 or not and, in such case, the department may readvertise republish the advertisement ,91 perform the work itself, or abandon the project."92 SECTION 5.93 Said title is further amended by repealing and reserving Code S ection 32-2-79, relating to94 biennial reporting of potential undertakings best suited for public-private partnership.95 H. B. 1277 - 4 - 26 HB 1277/AP SECTION 6.96 Said title is further amended in Code Section 32-2-80, relating to public-private partnerships97 (P3s), by revising subsection (d) as follows:98 "(d) The department shall be authorized to promulgate reasonable rules or regulations to99 assist in proposal evaluations and to implement the purposes of this Code section. The100 department shall report the content of such rules or regulation s to the Transportation101 Committees of the Senate and House of Representatives for their approval by majority vote102 prior to the promulgation thereof and shall make quarterly reports to the same chairpersons103 of all of its activities undertaken pursuant to the provisions of this Code section annual104 reports to the same chairpersons on the status of the projects undertaken pursuant to this105 Code section in relation to the annual fiscal year report required by subsection (a) of Code106 Section 32-2-41.2."107 SECTION 7.108 Said title is further amended in Code Section 32-2-81, relating to design-build procedure, by109 revising subsections (e) and (f) as follows:110 "(e) In contracting for design-build projects, the department shall be limited to contracting111 for no more than 50 percent of the total amount of construction projects awarded in the112 previous fiscal year.113 (f) Not later than 90 days after Following the end of the fiscal year, the department shall114 provide to the Governor, Lieutenant Governor President of the Senate , Speaker of the115 House of Representatives, and chairpersons of the House and Sen ate Transportation116 Committees a summary containing all the projects awarded during the fiscal year using the117 design-build contracting method. Included in the report shall be Such report shall118 include an explanation for any projects awarded to based upon anything other than the119 low-bid proposal, the considerations for any project awarded on a best value basis, and a120 summary of projects undertaken pursuant to this Code section in relation to the annual121 H. B. 1277 - 5 - 26 HB 1277/AP fiscal year report required by subsection (a) of Code Section 32-2-41.2. This The report122 required by this Code section shall be made available for public information to the public."123 SECTION 8.124 Said title is further amended in Code Section 32-2-82, relating to alternative contracting125 method, by revising subsection (g) as follows:126 "(g) Not later than 90 days after Following the end of a fiscal year in which the department127 has executed a contract to deliver a project using an alternati ve contracting method, the128 department shall provide to the Governor, Lieutenant Governor President of the Senate,129 Speaker of the House of Representatives, and chairpersons of th e House and Senate130 Transportation Committees a summary report containing a summary of all contracts that131 utilized an alternative contracting method. Such report shall include a comparative benefit132 analysis of projects undertaken under this Code section. The d epartment shall include a133 summary of projects undertaken utilizing the contracting methods provided for in this Code134 section in the annual fiscal year report required by subsection ( a ) o f C o d e S e c t i o n135 32-2-41.2. This The report required by this Code section shall be made available to the136 public."137 SECTION 9.138 Said title is further amended in Code Section 32-7-4, relating to procedure for disposition of139 property, by revising paragraph (2) of subsection (a) and subsection (b) as follows:140 "(2)(A) When an entire parcel acquired by the department, a county, or a municipality,141 or any interest therein, is being disposed of, it may be acquired under the right created142 in paragraph (1) of this subsection at such price as may be agreed upon, but in no event143 less than the price paid for its acquisition. When only remnan ts or portions of the144 original acquisition are being disposed of, they may be acquired for a price no less than145 15 percent under the market value thereof at the time the department, county, or 146 H. B. 1277 - 6 - 26 HB 1277/AP municipality decides the property is no longer needed. The department shall use a real147 estate appraiser with knowledge of the local real estate market who is licensed in148 Georgia to establish the fair market value of the property prior to listing such property.149 (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value150 of the property to be disposed is $75,000.00 $150,000.00 or less as determined by151 department estimate, the department, county, or municipality may negotiate the sale. 152 On July 1, 2027, and each July 1 thereafter, the department sha ll be authorized to153 annually adjust the value threshold established in this subparagraph; provided, however, 154 that such adjustment shall not result in an increase by more th an the annual rate of155 inflation as measured by the Consumer Price Index as reported by the Bureau of Labor156 Statistics of the United States Department of Labor.157 (C) The provisions of this paragraph to the contrary notwithstanding, the department158 shall be authorized to negotiate the sale of the property to be disposed with an adjacent159 property owner, provided that such property is acquired for a p rice no less than 15160 percent under the market value thereof at the time the department decides the property161 is no longer needed."162 "(b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this163 subsection, such sale of property no longer needed by the department shall be made to164 the bidder submitting the highest of the sealed bids received after public advertisement165 for such bids for two weeks. If the highest of the sealed bids received is less than but166 within 15 percent of the established market value, the department may accept that bid167 and convey the property in accordance with the provisions of su bsection (c) of this168 Code section. The department or the county or municipality sha ll have the right to169 reject any and all bids, in its discretion, to readvertise, republish the advertisement or170 to abandon the sale.171 (B) Such T h e public advertisement required by this subsection shall be inserted172 published once a week in such newspapers or other publication, or both, as will ensure 173 H. B. 1277 - 7 - 26 HB 1277/AP adequate publicity, the first insertion publication to be at least two weeks prior to the174 opening of bids, the second to follow one week after the first publication. Such175 advertisement shall include but not be limited to the following items:176 (i) A description sufficient to enable the public to identify the property;177 (ii) The time and place for submission and opening of sealed bids;178 (iii) The right of the department or the county or municipality to reject any one or all179 of the bids;180 (iv) All the conditions of sale; and181 (v) Such further information as the department or the county o r municipality may182 deem advisable as in the public interest.183 (2)(A) Such Any sale of property pursuant to this subsection may be made by the184 department or a county or municipality by listing the property through a real estate185 broker licensed under Chapter 40 of Title 43 who has a place of business located in the186 state. Property Any such property shall be listed for a period of at least 30 days. The187 department shall use a real estate appraiser with knowledge of the local real estate188 market who is licensed in Georgia to establish the fair market value of the property189 prior to listing such property. If the highest offer received to purchase such property190 is less than the appraised value but within 15 percent of such value, the department,191 county, or municipality may accept such offer and convey the property in accordance192 with the provisions of subsection (c) of this Code section. All sales shall be approved193 by the commissioner on behalf of the department or shall be approved by the governing194 authority of the county or municipality at a regular meeting th at shall be open to the195 public, and public comments shall be allowed at such meeting and that allows for public196 comment regarding such sale.197 (B) Commencing at the time of the listing of the property as p rovided in198 subparagraph (A) of this paragraph, the department, county, or municipality shall199 provide for a notice to be inserted published once a week for two weeks in the legal 200 H. B. 1277 - 8 - 26 HB 1277/AP organ of the county indicating the names of real estate brokers listing the property for201 the department or political subdivision. The department, county, or municipality may202 advertise publish such advertisement in newspapers, on the Internet internet, or in203 magazines relating to the sale of real estate or similar publications.204 (C) The department, county, or municipality shall have the right to reject any and all205 offers, in its discretion, and to sell such property pursuant t o the provisions of206 paragraph (1) of this subsection.207 (D) The department shall be authorized to sell property pursuant to this paragraph to208 the highest bidder utilizing an online public auction after meeting the requirements set209 forth in this paragraph. If the highest offer received to purc hase any property is less210 than the appraised value but within 15 percent of such value, the department may accept211 such offer and convey the property in accordance with the provisions of section (c) of212 this Code section.213 (3)(A) Such Any sale of property pursuant to this subsection may be made by the214 department, a county, or a municipality to the highest bidder a t a public auction215 conducted by an auctioneer licensed under Chapter 6 of Title 43. If the highest offer216 received to purchase such property is less than the appraised value of the property but217 within 15 percent of such value, the department, county, or mun icipality may accept218 such offer and convey the property in accordance with the provisions of subsection (c)219 of this Code section.220 (B) The department, county, or municipality shall provide for a notice to be inserted221 published once a week for the two weeks immediately preceding the auction in the legal222 organ of the county where such property is located including, at a minimum, the223 following items:224 (i) A description sufficient to enable the public to identify the property;225 (ii) The time and place of the public auction;226 H. B. 1277 - 9 - 26 HB 1277/AP (iii) The right of the department or the county or municipality to reject any one or all227 of the bids;228 (iv) All the conditions of sale; and229 (v) Such further information as the department or the county o r municipality may230 deem advisable as in the public interest.231 The department, county, or municipality may advertise publish such advertisement in232 magazines relating to the sale of real estate or similar publications.233 (C) The department, county, or municipality shall have the right to reject any and all234 offers for such property , in its discretion, and to sell such property pursuant to the235 provisions of paragraph (1) or (2) of this subsection.236 (D) The department shall be authorized to sell property pursuant to this paragraph to237 the highest bidder utilizing an online public auction after meeting the requirements set238 forth in this paragraph. If the highest offer received to purc hase any property is less239 than the appraised value but within 15 percent of such value, the department may accept240 such offer and convey the property in accordance with the provisions of section (c) of241 this Code section."242 SECTION 10.243 Code Section 46-2-20.1 of the Official Code of Georgia Annotate d, relating to electric244 vehicle charging services and operation, is amended by revising paragraphs (3) and (5) of245 subsection (a) as follows:246 "(3) 'Electric vehicle' shall have the same meaning as set forth in Code Section 10-1-220247 means a vehicle that is propelled by one or more electric motors fueled by energy stored248 in the form of a rechargeable battery."249 "(5) 'Electric vehicle charging station' shall have the same meaning as set forth in Code250 Section 10-1-220 means any device or group of devices that delivers electricity from a 251 H. B. 1277 - 10 - 26 HB 1277/AP power source outside an electric vehicle into one or more elect ric vehicles and that is 252 located somewhere other than a residence."253 SECTION 11.254 An Act relating to regulation and taxation of electricity used as motor fuel and electric255 vehicle charging stations, approved May 2, 2023 (Ga. L. 2023, p. 376/SB 146), as amended,256 is amended by revising subsection (b) of Section 5-1 to read as follows:257 "(b) Part II of this Act, which provides for the regulatory authority of the Department of258 Agriculture, and Part III of this Act, relating to revenue and taxation, shall become259 effective on January 1, 2028."260 SECTION 12.261 All laws and parts of laws in conflict with this Act are repealed.262 H. B. 1277 - 11 -