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03 LC 25 2856
House Bill 180
By: Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Beasley-Teague of the 48th, Post 2, Noel of the 44th, Jackson of the 124th, Post 1, and others
By: Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Beasley-Teague of the 48th, Post 2, Noel of the 44th, Jackson of the 124th, Post 1, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Title 32 of the Official Code of Georgia Annotated,
relating to highways, bridges, and ferries, so as to provide for conservation of
natural roadside growth and scenery and implementation and maintenance of
roadside beautification programs on public rights of way; to provide certain
minimum requirements for such programs; to change certain provisions relating to
powers and duties of the Department of Transportation; to change certain
provisions relating to study, financing, construction, and operation of new
projects by the State Road and Tollway Authority and cooperation and assistance
of the Department of Transportation; to provide legislative findings and
declarations; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The General Assembly finds and declares
that:
(1) The public owns innumerable acres of highway rights of way in this state;
(2) This resource is highly visible to the traveling public, and its appearance not only gives many tourists a first and lasting impression of this state but also provides a backdrop to the daily lives of all Georgians;
(3) Such public lands may also constitute a readily available resource base for the restoration of substantially diminished native plant populations or communities on appropriate sites within their former natural ranges;
(4) With wise use and dedicated, sustained effort, a relatively minor commitment of resources can go a long way toward restoring roadside beauty and natural ecosystems and enhancing biodiversity through plantings of attractive, native species which require relatively low maintenance after establishment; and
(5) Sister states with which we compete for tourism dollars have made similar commitments, and as stewards of a public resource we should do no less to make this state a more beautiful and healthy place in which to travel, visit, and live.
(1) The public owns innumerable acres of highway rights of way in this state;
(2) This resource is highly visible to the traveling public, and its appearance not only gives many tourists a first and lasting impression of this state but also provides a backdrop to the daily lives of all Georgians;
(3) Such public lands may also constitute a readily available resource base for the restoration of substantially diminished native plant populations or communities on appropriate sites within their former natural ranges;
(4) With wise use and dedicated, sustained effort, a relatively minor commitment of resources can go a long way toward restoring roadside beauty and natural ecosystems and enhancing biodiversity through plantings of attractive, native species which require relatively low maintenance after establishment; and
(5) Sister states with which we compete for tourism dollars have made similar commitments, and as stewards of a public resource we should do no less to make this state a more beautiful and healthy place in which to travel, visit, and live.
SECTION 2.
Title 32 of the Official Code of Georgia Annotated, relating
to highways, bridges, and ferries, is amended in subsection (a) of Code Section
32_2_2, relating to powers and duties of the Department of Transportation, by
striking "and" at the end of paragraph (18), striking the period at the end of
paragraph (19) and inserting "; and" in lieu thereof, and adding a new paragraph
(20) to read as
follows:
"(20) To provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs. To accomplish this, for fiscal years 2004_2005, 2005_2006, and 2006_2007 no less than 1 percent, and for subsequent fiscal years no less than 1.5 percent, of the amount contracted for road construction and reconstruction projects shall be allocated by the department to such beautification programs for public rights of way. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50 percent of such funds shall be used to purchase and establish tree and shrub plants with the remaining funds for purchase and establishment of other plants and landscaping materials. All such plants shall be attractive, native plants adapted to local conditions, appropriate for integrated native ecosystem restoration utilizing natural plant associates that require relatively low maintenance after successful establishment, and purchased on a uniform competitive bid basis from Georgia based nurseryman stock when available therefrom unless otherwise available from a state owned nursery. Restoration of substantially diminished native plant populations or communities on appropriate sites within their former natural ranges, including without limitation Pinus palustris and its natural associates, shall be a significant component of such beautification programs. No plants purchased and established on public rights of way pursuant to this paragraph shall be trimmed or removed pursuant to any permit issued or renewed under Code Section 32_6_75.3. The department, in consultation with the Georgia Forestry Commission and the Department of Agriculture, shall develop minimum grades and standards for plant and landscaping materials purchased through this process. To accomplish beautification activities and to the extent appropriate for the skill levels required, the department may contract with nonprofit organizations having the primary purpose of developing youth employment opportunities. Any amounts allocated to roadside enhancement and beautification projects from the Roadside Enhancement and Beautification Fund pursuant to Code Section 32_6_75 and consisting of revenues derived from voluntary purchase of special license plates or contributions to such fund shall be in addition to, and not in lieu of, amounts required to be allocated to beautification programs under this paragraph."
"(20) To provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs. To accomplish this, for fiscal years 2004_2005, 2005_2006, and 2006_2007 no less than 1 percent, and for subsequent fiscal years no less than 1.5 percent, of the amount contracted for road construction and reconstruction projects shall be allocated by the department to such beautification programs for public rights of way. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50 percent of such funds shall be used to purchase and establish tree and shrub plants with the remaining funds for purchase and establishment of other plants and landscaping materials. All such plants shall be attractive, native plants adapted to local conditions, appropriate for integrated native ecosystem restoration utilizing natural plant associates that require relatively low maintenance after successful establishment, and purchased on a uniform competitive bid basis from Georgia based nurseryman stock when available therefrom unless otherwise available from a state owned nursery. Restoration of substantially diminished native plant populations or communities on appropriate sites within their former natural ranges, including without limitation Pinus palustris and its natural associates, shall be a significant component of such beautification programs. No plants purchased and established on public rights of way pursuant to this paragraph shall be trimmed or removed pursuant to any permit issued or renewed under Code Section 32_6_75.3. The department, in consultation with the Georgia Forestry Commission and the Department of Agriculture, shall develop minimum grades and standards for plant and landscaping materials purchased through this process. To accomplish beautification activities and to the extent appropriate for the skill levels required, the department may contract with nonprofit organizations having the primary purpose of developing youth employment opportunities. Any amounts allocated to roadside enhancement and beautification projects from the Roadside Enhancement and Beautification Fund pursuant to Code Section 32_6_75 and consisting of revenues derived from voluntary purchase of special license plates or contributions to such fund shall be in addition to, and not in lieu of, amounts required to be allocated to beautification programs under this paragraph."
SECTION 3.
Said title is further amended in Code Section 32_10_67,
relating to study, financing, construction, and operation of new projects by the
State Road and Tollway Authority and cooperation and assistance of the
Department of Transportation, by designating the existing provisions of
subsection (a) as paragraph (1) thereof and adding a new paragraph (2) to read
as
follows:
"(2) The authority shall provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs. To accomplish this, for fiscal years 2004_2005, 2005_2006, and 2006_2007 no less than 1 percent, and for subsequent fiscal years no less than 1.5 percent, of any amount contracted for road construction and reconstruction projects shall be allocated by the authority to such beautification programs for public rights of way. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50 percent of such funds shall be used to purchase and establish tree and shrub plants with the remaining funds for purchase and establishment of other plants and landscaping materials. All such plants shall be attractive, native plants adapted to local conditions, appropriate for integrated native ecosystem restoration utilizing natural plant associates that require relatively low maintenance after successful establishment, and purchased on a uniform competitive bid basis from Georgia based nurseryman stock when available therefrom unless otherwise available from a state owned nursery. Restoration of substantially diminished native plant populations or communities on appropriate sites within their former natural ranges, including without limitation Pinus palustris and its natural associates, shall be a significant component of such beautification programs. No plants purchased and established on public rights of way pursuant to this paragraph shall be trimmed or removed pursuant to any permit issued or renewed under Code Section 32_6_75.3. The minimum grades and standards for plant and landscaping materials developed by the Department of Transportation pursuant to paragraph (20) of Code Section 32_2_2 shall apply to any such materials purchased pursuant to this paragraph. To accomplish beautification activities and to the extent appropriate for the skill levels required, the authority may contract with nonprofit organizations having the primary purpose of developing youth employment opportunities. Any amounts allocated to roadside enhancement and beautification projects from the Roadside Enhancement and Beautification Fund pursuant to Code Section 32_6_75 and consisting of revenues derived from voluntary purchase of special license plates or contributions to such fund shall be in addition to, and not in lieu of, amounts required to be allocated to beautification programs under this paragraph."
"(2) The authority shall provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs. To accomplish this, for fiscal years 2004_2005, 2005_2006, and 2006_2007 no less than 1 percent, and for subsequent fiscal years no less than 1.5 percent, of any amount contracted for road construction and reconstruction projects shall be allocated by the authority to such beautification programs for public rights of way. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50 percent of such funds shall be used to purchase and establish tree and shrub plants with the remaining funds for purchase and establishment of other plants and landscaping materials. All such plants shall be attractive, native plants adapted to local conditions, appropriate for integrated native ecosystem restoration utilizing natural plant associates that require relatively low maintenance after successful establishment, and purchased on a uniform competitive bid basis from Georgia based nurseryman stock when available therefrom unless otherwise available from a state owned nursery. Restoration of substantially diminished native plant populations or communities on appropriate sites within their former natural ranges, including without limitation Pinus palustris and its natural associates, shall be a significant component of such beautification programs. No plants purchased and established on public rights of way pursuant to this paragraph shall be trimmed or removed pursuant to any permit issued or renewed under Code Section 32_6_75.3. The minimum grades and standards for plant and landscaping materials developed by the Department of Transportation pursuant to paragraph (20) of Code Section 32_2_2 shall apply to any such materials purchased pursuant to this paragraph. To accomplish beautification activities and to the extent appropriate for the skill levels required, the authority may contract with nonprofit organizations having the primary purpose of developing youth employment opportunities. Any amounts allocated to roadside enhancement and beautification projects from the Roadside Enhancement and Beautification Fund pursuant to Code Section 32_6_75 and consisting of revenues derived from voluntary purchase of special license plates or contributions to such fund shall be in addition to, and not in lieu of, amounts required to be allocated to beautification programs under this paragraph."
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.