09 LC 34
2038
House
Bill 187
By:
Representatives Davis of the
109th,
Holt of the
112th,
Everson of the
106th,
Reese of the
98th,
and Horne of the
71st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a short title; to amend Chapter 2 of Title 12 of the Official Code
of Georgia Annotated, relating to the Department of Natural Resources, so as to
remove the permitting powers of the Environmental Protection Division; to amend
Title 32 of the Official Code of Georgia Annotated, relating to highways,
bridges, and ferries, so as to revise the membership on the State Transportation
Board; to establish the commissioner of transportation as the executive in
control of all transportation planning and construction in Georgia; to abolish
the Georgia Highway Authority; to abolish the State Road and Tollway Authority;
to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia
Annotated, relating to the Georgia Rail Passenger Authority, so as to abolish
the Georgia Rail Passenger Authority; to amend Chapter 32 of Title 50 of the
Official Code of Georgia Annotated, relating to the Georgia Regional
Transportation Authority, so as to abolish the Georgia Regional Transportation
Authority; to amend Chapter 2 of Title 52, relating to the Georgia Ports
Authority, so as to abolish the Georgia Ports Authority; 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.
This
Act shall be known as the "Georgia Transportation Consolidation Act of
2009."
SECTION
2.
Chapter
2 of Title 12 of the Official Georgia Code Annotated, relating to the Department
of Natural Resources, is amended by revising Code Section 12-2-2, relating to
the Environmental Protection Division, by adding a new subsection (f) to read as
follows:
"(f)
As of July 1, 2009, any provision of this Code section that directs the division
to issue a permit for any reason shall be null and void and of no effect
whatsoever. As of July 1, 2009, all permitting powers of the division are
transferred to the Department of Transportation. The commissioner of
transportation shall promulgate rules and regulations as necessary to carry out
the provisions of this
subsection."
SECTION
3.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by repealing Code Section 32-2-20, relating to the
composition of the State Transportation Board, and adding a new Code section to
read as follows:
"32-2-20.
(a)
The terms of all members of the State Transportation Board holding office as of
July 1, 2009, shall expire at midnight on December 31, 2009.
(b)
Beginning in January, 2011, and every odd-numbered year thereafter five new
members of the State Transportation Board shall be appointed. One member shall
be appointed by the Governor, two members shall be appointed by the Lieutenant
Governor, and two members shall be appointed by the Speaker of the House of
Representatives. Each board member shall serve for a term of two years, unless
he or she is removed for good cause prior to the expiration of the two-year
term.
(c)
The board shall serve as an advisory board to the commissioner and shall also
serve as the executive authority to approve or disapprove of any plans or
projects proposed by any federally mandated metropolitan planning organization
in the state.
(d)
The commissioner shall serve as the chairperson of the board. The term of the
commissioner shall be limited to a maximum of eight
years."
SECTION
4.
Said
title is further amended in Code Section 32-2-40, relating to the selection of
the commissioner of transportation, by deleting subsections (b) and (c) and
replacing them with new subsections (b) and (c) to read as
follows:
"(b)
The commissioner shall be appointed by the Governor, subject to confirmation by
the Senate, for a term that coincides with the term of office of the Governor.
No commissioner shall serve for a period longer than eight years.
(c)
The commissioner shall be in control of all transportation planning and
construction in the state. No state or federal moneys shall be expended on any
transportation project in this state without the express approval of the
commissioner."
SECTION
5.
Said
title is further amended in Code Section 32-2-41, relating to the powers,
duties, and authority of the commissioner of transportation, by adding a new
subsection to read as follows:
"(c)
The commissioner shall be in control of all transportation planning and
construction in the state. No state or federal moneys shall be expended on any
transportation project in this state without the express approval of the
commissioner."
SECTION
6.
Said
title is further amended by repealing Chapter 10, relating to the Georgia
Highway Authority and the State Road and Tollway Authority, in its entirety and
designating it as "Reserved."
SECTION
7.
Article
9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating
to the Georgia Rail Passenger Authority, is amended by repealing said article
and designating it as "Reserved."
SECTION
8.
Chapter
32 of Title 50 of the Official Code of Georgia Annotated, relating to the
Georgia Regional Transportation Authority, is amended by repealing said chapter
and designating it as "Reserved."
SECTION
9.
Chapter
2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia
Ports Authority, is amended by repealing said chapter and designating it as
"Reserved."
SECTION
10.
This
Act shall become effective on July 1, 2009.
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.