Georgia Senate - 1995/1996 Sessions

SB 3 - Public Roads - include bicycle paths, rapid transit, r/roads

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 32-9-2

1. Slotin  39th


Senate Comm: Trans      /         House Comm: Trans      /                                          
Senate Vote: Yeas 47    Nays 3                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/23/95   Read 1st time          2/29/96                                               
             2/21/96   Favorably Reported                                                           
             Sub       Committee Amend/Sub                                                          
             2/26/96   Read 2nd Time          3/5/96                                                
             2/28/96   Read 3rd Time                                                                
             2/28/96   Passed/Adopted                                                               
             CS/FA     Comm/Floor Amend/Sub                                                         
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 32-1-3, 32-2-3, 32-9-2                                                       


SB 3   96                                          SB3/CSFA/3

      SENATE BILL 3

      By:  Senator Slotin of the 39th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Title 32 of the Official Code of Georgia Annotated,
  1- 2  relating to highways, bridges, and ferries, so as to provide
  1- 3  for the inclusion of bicycle transportation facilities
  1- 4  within the definition of the term "other transportation
  1- 5  purposes"; to provide for the inclusion of bicycle
  1- 6  transportation facilities within the definition of the term
  1- 7  "major transportation facility"; to change certain
  1- 8  provisions relating to operation of facilities or systems
  1- 9  and financial assistance to systems by the Department of
  1-10  Transportation; to repeal conflicting laws; and for other
  1-11  purposes.

  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Title 32 of the Official Code of Georgia Annotated, relating
  1-14  to highways, bridges, and ferries, is amended by striking
  1-15  paragraph (18) of Code Section 32-1-3, relating to
  1-16  definitions, and inserting in lieu thereof a new paragraph
  1-17  (18) to read as follows:

  1-18      "(18) 'Other transportation purposes' or 'other public
  1-19      transportation purposes' means any transportation
  1-20      facility designed to transport people or goods,
  1-21      including but not limited to railroads, port and harbor
  1-22      facilities, air transport and airport facilities, mass
  1-23      transportation facilities, as defined in paragraph (2)
  1-24      of subsection (a) of Code Section 32-9-1, transportation
  1-25      projects, as defined by subsection (h) of Section 2 of
  1-26      an Act approved March 10, 1965 (Ga. L. 1965, p. 2243),
  1-27      as amended, and transportation enhancement activities,
  1-28      as defined in Section 101 of Title 23 of the United
  1-29      States Code, as amended by Public Law 102-240 as it
  1-30      existed on January 1, 1993, and those bicycle
  1-31      transportation facilities provided for in Section 217 of
  1-32      Title 23 of the United States Code as it existed on
  1-33      January 1, 1996.  However, in no event and for no
  1-34      purpose shall the term 'other transportation purposes'

                              S. B. 3
                                 -1- (Index)

                                                  SB3/CSFA/3

  2- 1      or 'other public transportation purposes' be deemed to
  2- 2      include coal slurry pipelines."

  2- 3  Further amend Code Section 32-1-3 by adding a new paragraph
  2- 4  (24)(S) which shall read:

  2- 5      "(24)(S) passenger trains, operating rights and
  2- 6      structures used to provide state-sanctioned rail
  2- 7      passenger service."

                         SECTION 2.

  2- 8  Said title is further amended by striking paragraph (3) of
  2- 9  subsection (a) of Code Section 32-2-3, relating to the
  2-10  development of transportation plans, and inserting in lieu
  2-11  thereof a new paragraph (3) to read as follows:

  2-12      "(3) 'Major transportation facility' means:

  2-13        (A) Any facility primarily designed to transport
  2-14        people or goods rapidly and efficiently, including but
  2-15        not limited to air transport facilities, railroads,
  2-16        bus services, terminals, freeways, expressways,
  2-17        arterial highways, belt highways, and port facilities,
  2-18        and bicycle transportation facilities; or

  2-19        (B) Any facility or facilities utilized in providing a
  2-20        mass transit system for a standard metropolitan area
  2-21        or urban area."

                         SECTION 3.

  2-22  Said chapter is further amended by striking Code Section
  2-23  32-9-2, relating to operation of facilities or systems and
  2-24  financial assistance to systems by the Department of
  2-25  Transportation, and inserting in lieu thereof a new Code
  2-26  Section 32-9-2 to read as follows:

  2-27    "32-9-2. (Index)

  2-28    (a) As used in this Code section, the term:

  2-29      (1) 'Construction' means the supervising, inspecting,
  2-30      actual building, and all expenses incidental to the
  2-31      acquisition, actual building, or reconstruction of
  2-32      facilities and equipment for use in mass transportation
  2-33      and bicycle transportation facilities, including
  2-34      designing, engineering, locating, surveying, mapping,
  2-35      and acquisition of rights of way.

  2-36      (2) 'Mass transportation' means all modes of
  2-37      transportation serving the general public which are


                              S. B. 3
                                 -2- (Index)

                                                  SB3/CSFA/3

  3- 1      appropriate, in the judgment of the department, to
  3- 2      transport people, commodities, or freight by highways,
  3- 3      rail, air, water, or other conveyance, exclusive of
  3- 4      wires and pipelines.

  3- 5    (b) Subject to general appropriations for such purposes,
  3- 6    the department may, alone or in cooperation with counties,
  3- 7    municipalities, authorities, state agencies, or private or
  3- 8    public transit companies, plan, develop, supervise,
  3- 9    support, own, lease, maintain, and operate mass
  3-10    transportation facilities or systems and bicycle
  3-11    transportation facilities.

  3-12      (c)(1) The department may, when funds are available from
  3-13      the United States government for such purposes, provide
  3-14      assistance to the operators of mass transportation
  3-15      systems or to the owners of facilities used in
  3-16      connection therewith for the payment of operating
  3-17      expenses to improve or to continue such mass
  3-18      transportation service by operation, lease, contract, or
  3-19      otherwise.

  3-20      (2) The department may, when funds are available from
  3-21      the United States government for such purposes,
  3-22      participate in the acquisition, construction, and
  3-23      improvement of facilities and equipment for use, by
  3-24      operation or lease or otherwise, in mass transportation
  3-25      service.

  3-26      (3) The department's participation with state funds in
  3-27      those programs specified in paragraphs (1) and (2) of
  3-28      this subsection may be in either cash, products, or
  3-29      in-kind services. The department's participation with
  3-30      state funds shall be limited to a maximum of 10 percent
  3-31      of the cost of the program. The remainder shall be
  3-32      provided from sources other than department funds or
  3-33      from revenues from the operation of public mass
  3-34      transportation systems.

  3-35    (d) The department shall not enter into any contract with
  3-36    any private entity for the purposes set out in subsections
  3-37    (b) and (c) of this Code section without the prior
  3-38    concurrence of the State Transportation Board.

  3-39    (e) Funds appropriated to the department pursuant to
  3-40    Article III, Section IX, Paragraph VI(b) of the
  3-41    Constitution of Georgia may not be utilized for any of the
  3-42    purposes set out in this Code section, except that this
  3-43    subsection shall not prohibit the utilization of such

                              S. B. 3
                                 -3- (Index)

                                                  SB3/CSFA/3

  4- 1    funds for the construction and maintenance of bicycle
  4- 2    transportation facilities incident to the construction and
  4- 3    maintenance of a public road or bridge.

  4- 4    (f) In order to effectuate and enforce this Code section,
  4- 5    the department is authorized to promulgate necessary rules
  4- 6    and regulations and to prescribe conditions and procedures
  4- 7    in order to assure compliance in carrying out the purposes
  4- 8    of this Code section.

  4- 9    (g) The department shall not be authorized, without the
  4-10    concurrence of the Metropolitan Atlanta Rapid Transit
  4-11    Authority, to receive federal financial assistance to
  4-12    provide mass transportation services or facilities that
  4-13    will duplicate those mass transportation services or
  4-14    facilities provided or to be provided by the Metropolitan
  4-15    Atlanta Rapid Transit Authority, within the City of
  4-16    Atlanta and Fulton and DeKalb counties, as a part of its
  4-17    rapid transit system, including the use of buses as well
  4-18    as a rail system, as that system is described in an
  4-19    engineering report, dated September 1971, prepared for the
  4-20    Metropolitan Atlanta Rapid Transit Authority by
  4-21    Parsons-Brinckerhoff-Tudor-Bechtel, general engineering
  4-22    consultants, and adopted as part of the Rapid Transit
  4-23    Contract and Assistance Agreement, dated September 1,
  4-24    1971, between the Metropolitan Atlanta Rapid Transit
  4-25    Authority, the City of Atlanta, Fulton County, Georgia,
  4-26    and DeKalb County, Georgia."

                         SECTION 4.

  4-27  All laws and parts of laws in conflict with this Act are
  4-28  repealed.
















                              S. B. 3
                                 -4- (Index)