---
title: O.C.G.A. § 32-2-41.3. Georgia Freight Railroad Program.
collection: code
id: 32-2-41.3
cite_as: O.C.G.A. § 32-2-41.3 (2025)
canonical_url: https://georgiacommons.org/code/32-2-41.3
md_url: https://georgiacommons.org/code/32-2-41.3.md
text_url: https://georgiacommons.org/code/32-2-41.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t32-(v23a)-pdf.pdf?sfvrsn=45aa6dc9_0#page=18
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/32-2.md
previous: https://georgiacommons.org/code/32-2-41.2.md
next: https://georgiacommons.org/code/32-2-41.4.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: HIGHWAYS, BRIDGES, AND FERRIES / DEPARTMENT OF TRANSPORTATION / OFFICERS
---

# O.C.G.A. § 32-2-41.3. Georgia Freight Railroad Program.

(a) For purposes of this Code section, the term “short line railway” means any carrier designated as a Class III by the Surface Transportation Board.

(b) The Georgia Freight Railroad Program shall be administered, subject to appropriations, at the discretion of the commissioner, in order to enhance the state’s investment in freight rail projects for public benefit and to support a safe and balanced transportation system for the state.

(c) Eligible projects under the Georgia Freight Railroad Program shall include rail enhancement projects to acquire, lease, or improve railways or railroad equipment, including rail crossings, rolling stock, rights of way, or rail facilities; rail preservation projects to acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease, or improve short line railways; and rail industrial projects to build, construct, restructure, or improve industrial access to railroad tracks and related facilities.

(d) In administering the program, the commissioner shall make every effort to balance such program among all regions of this state and among the various applicants.

(e) Following the end of each fiscal year, the commissioner or his or her designee shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and shall make such report available to the members of the General Assembly.

(f) Prior to the expenditure of state funds, the commissioner shall make a determination whether such expenditure is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI(a) of the Georgia Constitution. Such substantial public benefit must constitute a benefit accrued to the public in the form of enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, or other public benefits identified and approved by a majority of the board. Such public benefit shall also align with goals in the state-wide strategic transportation plan as defined in Code Section 32-2-41.1 or the state’s freight plan as defined in 49 U.S.C. 70202.

## History

Code 1981, § 32-2-41.3, enacted by Ga. L. 2020, p. 816, § 1/HB 820; Ga. L. 2020, p. 817, § 1/SB 371; Ga. L. 2021, p. 480, § 1/HB 588.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2020, the enactment of subsection (c) of this Code section by Ga. L. 2020, p. 816, § 1/HB 820, was treated as impliedly repealed and superseded by Ga. L. 2020, p. 817, § 1/SB 371, due to irreconcilable conflict.

## Law Reviews

For annual survey on commercial transportation, see 73 Mercer L. Rev. 47 (2021).

## Amendments

The 2021 amendment, effective July 1, 2021, in subsection (f), substituted “VI(a)” for “VI (a)” near the end of the first sentence, and added the second and third sentences.

## Effective Date

This Code section became effective January 1, 2021.