25 HB 575/AP
House Bill 575 (AS PASSED HOUSE AND SENATE)
By: Representatives McCollum of the 30
th
, Jasperse of the 11
th
, Powell of the 33
rd
, McDonald
III of the 26
th
, and Hagan of the 156
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges,
1
and ferries, so as to authorize notice of certain public hearings by the Department of2
Transportation by electronic publication; to authorize such department to negotiate the3
acquisition of common property of a condominium association or property owners'4
association with the designated board for either such association; to provide standards for5
bringing an action to acquire such common property; to provide for the disbursement of6
consideration received from such department for common property; to authorize the7
establishment and administration of a program by such department for the clearing of rights8
of way and the removal of wrecked or abandoned heavy duty vehicles from the rights of way9
of interstate highways and limited access highways; to provide for payment of costs relating10
to removal or relocation of public utilities through agreement between the department and11
utility provider; to provide for related matters; to repeal conflicting laws; and for other12
purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,16
is amended in Code Section 32-2-3, relating to development of transportation plans, public17
hearings, approval of plans by board, and promulgation of rules and regulations, by revising18
paragraphs (3) through (5) of subsection (f) as follows:19
"(3) These
The public hearings required by this subsection shall be conducted so as to20
provide an opportunity for effective participation by interested persons in transportation21
policy decisions,; the process of transportation planning, modal selections, and site and22
route selection,; and the specific location and design of major transportation facilities. 23
The At such hearings the various factors involved in the decision or decisions and any24
alternative proposals shall be clearly presented so that the persons attending the hearing25
in attendance may present their views relating to the decision or decisions which will be26
made. The hearing required by this subsection for a facility, site, or project corridor27
hearing and the design hearing for the design of a proposed facility or facilities may be28
held simultaneously to satisfy the requirements of this subsection.29
(4)(A) The department may satisfy the requirements of this subsection for a public30
hearing by holding a public hearing or by publishing two notices of opportunity for31
providing the opportunity to request a public hearing. Such opportunity to request a32
public hearing shall be satisfied upon the publication of notice once a week for two33
weeks in a newspaper having general circulation in the vicinity of the proposed34
undertaking and holding a public hearing if any written requests for such a hearing are35
received. The procedure for requesting a public hearing shall be explained in the36
notice. The deadline for submission of such a request may not be less than 21 days37
after the publication of the first notice of opportunity for public hearing and no less than38
14 days after the date of publication of the second notice of opportunity for public39
hearing.40
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(B) A copy of the notice of opportunity for public hearing required by41
subparagraph (A) of this paragraph shall be furnished at the time of publication to the42
United States Department of Transportation, the appropriate departments of state43
government, and affected local governments and planning agencies. If no requests for44
a public hearing are received in response to a notice published pursuant to45
subparagraph (A) of this paragraph within the time specified for the submission of46
requests in the published notice, the department shall be deemed to have met the47
hearing requirements of this subsection.48
(C) The opportunity for another public hearing shall be afforded in any case when49
When the proposed locations or designs of an undertaking are changed from those50
presented in the notices specified in published pursuant to subparagraph (B) of this51
paragraph or at a public hearing so as to have a substantially different transportation52
service, or different social, economic, or environmental effect, a new public hearing53
shall be required. Such public hearing shall be held in accordance with the54
requirements of this subsection.55
(D) The opportunity for a public hearing shall be afforded in each case in which the56
department is in doubt department shall hold a public hearing for an undertaking in any57
instance in which federal or state law is unclear as to whether a public hearing is58
required.59
(5)(A) When a public hearing is to be held pursuant to this subsection, two notices of60
such hearing shall be published in print or electronically in a newspaper having general61
circulation in the vicinity of the proposed undertaking. The first notice shall be62
published no less than 30 days prior to the date of the hearing and the second notice63
shall be published no less than five days prior or in the last publication date available64
prior to the date of the hearing. The department shall publish a copy of such hearing65
notice on its public website no less than 30 days prior to the date of the hearing.66
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(B) Copies of the notice for public hearing published pursuant to this paragraph shall67
be mailed to the United States Department of Transportation, appropriate departments68
of state government, and affected local governments and planning agencies."69
SECTION 2.70
Said title is further amended by adding a new Code section to read as follows:71
"32-3-2.1.72
(a) As used in this Code section, the term:73
(1) 'Authorized board' means the executive and administrative body designated in a74
condominium instrument or property owners' association instrument as the governing75
body of common property as set forth in Article 3 or Article 6 of Chapter 3 of Title 44.76
(2) 'Common property' shall include common elements, as such term is defined in Code77
Section 44-3-71 and common areas, as such term in defined in Code Section 44-3-221.78
(3) 'Declaration' shall have the same meaning as set forth in Code Section 44-3-71.79
(4) 'Instrument' shall have the same meaning as set forth in Code Section 44-3-221.80
(5) 'Owner' means any person having interest in property under a declaration or81
instrument.82
(b) Notwithstanding any provision of Chapter 3 of Title 44 to the contrary, when the83
department seeks to acquire any common property, the department shall be authorized to84
conduct all phases of such pre-acquisition and acquisition with officers of the authorized85
board. Unless specified to the contrary in any recorded instrument or declaration, an86
authorized board shall be authorized to convey common property to the department on87
behalf of all owners. If, during the pre-acquisition or acquisition phase of common88
property authorized by this Code section, the department and authorized board fail to agree89
upon the terms of acquisition, the department shall be authorized to bring the authorized90
association as a party in any action in lieu of each owner; provided, however, that when an91
owner is directly impacted by a proposed acquisition in relation to other owners, such92
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owner shall be individually named in the action. An owner shall be bound by the judgment93
in any action brought by the department against an authorized association pursuant to this94
Code section.95
(c) Any consideration received by an authorized board in exchange for common property96
pursuant to this Code section shall be allocated to each owner pursuant to any ownership97
interest set forth in a declaration or instrument."98
SECTION 3.99
Said title is further amended in Code Section 32-6-2, relating to authority of department,100
counties, and municipalities to regulate parking and parking vehicles or leaving vehicles101
unattended on right of way of public road on state highway system, by adding a new102
paragraph to read as follows:103
"(5) Notwithstanding any provision of Chapter 11 of Title 40 or Code Section 44-1-13104
to the contrary, the department shall be authorized to establish and administer a towing105
and recovery program for the restoration of the right of way and the removal from the106
right of ways of interstate highways and limited access highways vehicles exceeding107
16,000 pounds that have been disabled, damaged, abandoned, or wrecked or are108
otherwise inoperable and which impede the flow of traffic as determined and requested109
by the department, the Department of Public Safety, local law enforcement, or designated110
fire department personnel. The authority of the department relating to such towing and111
recovery program shall include all powers necessary to create and administer such a112
program, including, but not limited to, the power to adopt all policies, procedures,113
qualifications, standards, and specifications for towing operators and to establish114
incentives for towing operators to carry out and effectuate the purposes of this Code115
section. The removal of any vehicle pursuant to the program authorized by this Code116
section shall include removal or cleanup of any affected cargo transported or spilled by117
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any vehicle exceeding 16,000 pounds but not any passenger vehicles or personal property118
thereof."119
SECTION 4.120
Said title is further amended in Code Section 32-6-170, relating to payment by department121
of costs of removal, relocation, and adjustment of utility facilities necessitated by122
construction of public roads, by revising subsection (b) as follows:123
"(b) The department is authorized to pay or participate in the payment of the costs of124
removing, relocating, or making necessary adjustments to any of the following facilities125
or any component part thereof if they are owned by a public utility that is publicly,126
privately, or cooperatively owned, without regard to whether such facilities were originally127
installed upon rights of way of the state highway system, a county road system, or a128
municipal street system, where the department has made the determination that (i) such129
payments are in the best interest of the public and necessary in order to expedite the staging130
of the project; and (ii) the costs of the removal, relocation, or adjustment of such facilities131
are included as part of the contract between the department and the department's roadway132
contractor for the project or in a written agreement between the utility and the department,133
provided that such removal, relocation, or adjustment is made necessary by the134
construction or maintenance of a public road by the department: water distribution and135
sanitary sewer facilities and systems for producing, transmitting, or distributing136
communications, power, electricity, light, heat, gas, steam, waste, and storm water not137
connected with highway drainage, including fire and police signals, traffic-control devices,138
and street lighting systems."139
SECTION 5.140
All laws and parts of laws in conflict with this Act are repealed.141
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