09 HB101/AP
House
Bill 101 (AS PASSED HOUSE AND SENATE)
By:
Representatives Hamilton of the
23rd,
Smith of the
129th,
Everson of the
106th,
Graves of the
12th,
Glanton of the
76th,
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 regulation of certain facilities
above and below the roadways; to authorize procedures relative to asbestos pipe;
to limit certain prohibitions upon advertising in or on transit agencies'
vehicles and facilities; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by adding a new Code section to read as
follows:
"32-4-4.
(a)
As used in this Code section, the term 'entity' means a county, a municipality,
a consolidated government, or a local authority.
(b)
Whenever existing utility facilities owned and operated by an entity contain
asbestos pipe and such pipe exists in the rights of way of any road, bridge, or
other transportation project authorized pursuant to this title, and the entity
determines that such pipe should no longer be utilized, the entity that owns and
operates the utility facility shall have the discretion to:
(1)
Remove and dispose of the asbestos pipe in accordance with federal laws and
regulations;
(2)
Leave the asbestos pipe in place and fill it with grout or other similar
substance designed to harden within the pipe; or
(3)
Allow the pipe to remain undisturbed in the ground and take no further
action.
(c)
At the request of the department or entity, any asbestos pipe left in the right
of way as authorized by subsection (b) of this Code section shall be marked so
as to be locatable.
(d)
Any costs, claims, or other liability associated with the entity's decision
pursuant to
subsection
(b) of this Code section shall be borne by the entity and may be subject to
offset
by
the department."
SECTION
2.
Said
title is further amended by revising Code Section 32-6-51, relating to the
erection, placement, or maintenance of unlawful or unauthorized structures, by
adding a new subsection to read as follows:
"(g)(1)
As used in this subsection, the term:
(A)
'Commercial advertisements' means any printed or painted signs or multiple
message signs on or in transit vehicles or facilities for which space has been
rented or leased from the owner of such transit vehicles or
facilities.
(B)
'Transit agency' means any public agency, public corporation, or public
authority existing under the laws of this state that is authorized by any
general, special, or local law to provide any type of transit services within
any area of this state including, but not limited to, the Department of
Transportation, the Georgia Regional Transportation Authority, and the Georgia
Rail Passenger Authority.
(C)
'Transit vehicles or facilities' means everything necessary and appropriate for
the conveyance and convenience of passengers who utilize transit
services.
(2)
A transit agency may authorize the placement, erection, and maintenance of
commercial advertisements on or in transit vehicles or facilities owned or
operated by that transit agency and said placement of commercial advertisements
shall not be considered conducting commercial enterprises or activities in
violation of Code Section
32-6-115."
SECTION
3.
This
Act shall become effective on July 1, 2009.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.