| 1 | 1 | | 25 LC 39 4480 |
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| 2 | 2 | | House Bill 76 |
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| 3 | 3 | | By: Representatives Evans of the 57 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Smith of the 138 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Berry of the 56 |
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| 8 | 8 | | th |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to |
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| 13 | 13 | | 1 |
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| 14 | 14 | | development of transportation plans, public hearings, approval of plans by board, and2 |
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| 15 | 15 | | promulgation of rules and regulations by the Department of Transportation, so as to require3 |
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| 16 | 16 | | public hearings for local transportation projects of significant impact; to provide for a4 |
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| 17 | 17 | | definition; to provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 19 | 19 | | SECTION 1.7 |
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| 20 | 20 | | Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to development of8 |
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| 21 | 21 | | transportation plans, public hearings, approval of plans by board, and promulgation of rules9 |
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| 22 | 22 | | and regulations by the Department of Transportation, is amended by adding a new paragraph10 |
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| 23 | 23 | | to subsection (a) and revising subsection (f) as follows:11 |
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| 24 | 24 | | "(2.1) 'Local transportation project of significant impact' means any undertaking for a |
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| 25 | 25 | | 12 |
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| 26 | 26 | | public road or any other transportation purpose in which the department performs any13 |
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| 27 | 27 | | aspect of consultation, design, or construction in coordination with or on behalf of a14 |
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| 28 | 28 | | county, municipality, or private entity regardless of the funding source of the project, and15 |
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| 29 | 29 | | such project or purpose involves significant changes to public roads, including, but not16 |
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| 30 | 30 | | H. B. 76 |
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| 31 | 31 | | - 1 - 25 LC 39 4480 |
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| 32 | 32 | | limited to, roadway extensions, construction of a new roadway, or reconfiguration of a17 |
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| 33 | 33 | | major intersection, that were not previously subject to notice requirements relating to18 |
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| 34 | 34 | | changes in local zoning or any other form of local approval."19 |
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| 35 | 35 | | "(f)(1) The department shall, pursuant to its rules and regulations, hold planning hearings20 |
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| 36 | 36 | | at the appropriate state, regional, or local level, at which time the comprehensive21 |
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| 37 | 37 | | transportation plans included in subsection (b) of this Code section shall be presented for22 |
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| 38 | 38 | | discussion and comment.23 |
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| 39 | 39 | | (2) The department shall, pursuant to its rules and regulations, hold hearings at the24 |
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| 40 | 40 | | appropriate regional or local level for major transportation facilities, or as required by25 |
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| 41 | 41 | | federal law, as follows:26 |
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| 42 | 42 | | (A) A facility, site, or project corridor hearing, at a time after the selection of the type27 |
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| 43 | 43 | | or types of transportation facility or facilities to be constructed and prior to the final28 |
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| 44 | 44 | | selection of the specific site or corridor of the proposed facility; and29 |
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| 45 | 45 | | (B) A design hearing, at a time prior to the department's commitment to a specific30 |
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| 46 | 46 | | design proposal for the facility or facilities.31 |
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| 47 | 47 | | (3) The department shall, pursuant to rules and regulations or as required by federal law,32 |
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| 48 | 48 | | hold hearings for any local transportation project of significant impact. Any rules and33 |
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| 49 | 49 | | regulations adopted for purposes of this paragraph shall be substantially similar in nature34 |
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| 50 | 50 | | to those adopted for purposes of notice and hearings for paragraph (1) of this subsection.35 |
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| 51 | 51 | | (3)(4) The public hearings required by this Code section These public hearings shall be36 |
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| 52 | 52 | | conducted so as to provide an opportunity for effective participation by interested persons37 |
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| 53 | 53 | | in transportation policy decisions, the process of transportation planning, modal38 |
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| 54 | 54 | | selections, and site and route selection, and the specific location and design of major39 |
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| 55 | 55 | | transportation facilities, and the design and impact of local transportation projects of40 |
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| 56 | 56 | | significant impact. The various factors involved in the decision or decisions and any41 |
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| 57 | 57 | | alternative proposals shall be clearly presented so that the persons attending the hearing42 |
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| 58 | 58 | | may present their views relating to the decision or decisions which will be made. The43 |
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| 59 | 59 | | H. B. 76 |
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| 60 | 60 | | - 2 - 25 LC 39 4480 |
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| 61 | 61 | | facility, site, or project corridor hearing and the design hearing for a proposed facility or |
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| 62 | 62 | | 44 |
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| 63 | 63 | | facilities may be held simultaneously to satisfy the requirements of this subsection.45 |
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| 64 | 64 | | (4) |
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| 65 | 65 | | (5)(A) The department may satisfy the requirements for a public hearing by holding46 |
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| 66 | 66 | | a public hearing or by publishing two notices of opportunity for public hearing in a47 |
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| 67 | 67 | | newspaper having general circulation in the vicinity of the proposed undertaking and48 |
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| 68 | 68 | | holding a public hearing if any written requests for such a hearing are received. The49 |
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| 69 | 69 | | procedure for requesting a public hearing shall be explained in the notice. The deadline50 |
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| 70 | 70 | | for submission of such a request may shall not be less than 21 days after the publication51 |
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| 71 | 71 | | of the first notice of opportunity for public hearing and no less than 14 days after the52 |
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| 72 | 72 | | date of publication of the second notice of opportunity for public hearing.53 |
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| 73 | 73 | | (B) A copy of the notice of opportunity for public hearing shall be furnished at the time54 |
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| 74 | 74 | | of publication to the United States Department of Transportation, the appropriate55 |
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| 75 | 75 | | departments of state government, and affected local governments governing bodies and56 |
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| 76 | 76 | | planning agencies. If no requests are received in response to a notice within the time57 |
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| 77 | 77 | | specified for the submission of requests, the department shall be deemed to have met58 |
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| 78 | 78 | | the hearing requirements.59 |
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| 79 | 79 | | (C) The opportunity for another public hearing shall be afforded in any case when60 |
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| 80 | 80 | | proposed locations or designs are changed from those presented in the notices specified61 |
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| 81 | 81 | | in this paragraph or at a public hearing so as to have a substantially different62 |
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| 82 | 82 | | transportation service, social, economic, or environmental effect.63 |
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| 83 | 83 | | (D) The opportunity for a public hearing shall be afforded in each case in which the64 |
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| 84 | 84 | | department is in doubt as to whether a public hearing is required.65 |
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| 85 | 85 | | (5)(6)(A) When a public hearing is to be held, two notices of such hearing shall be66 |
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| 86 | 86 | | published in a newspaper having general circulation in the vicinity of the proposed67 |
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| 87 | 87 | | undertaking. The first notice shall be published no less than 30 days prior to the date68 |
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| 88 | 88 | | of the hearing and the second notice shall be published no less than five days prior to69 |
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| 89 | 89 | | the date of the hearing.70 |
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| 90 | 90 | | H. B. 76 |
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| 91 | 91 | | - 3 - 25 LC 39 4480 |
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| 92 | 92 | | (B) Copies of the notice for public hearing shall be mailed to the United States |
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| 93 | 93 | | 71 |
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| 94 | 94 | | Department of Transportation, appropriate departments of state government, and72 |
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| 95 | 95 | | affected local governments |
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| 96 | 96 | | governing bodies and planning agencies."73 |
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| 97 | 97 | | SECTION 2.74 |
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| 98 | 98 | | All laws and parts of laws in conflict with this Act are repealed.75 |
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| 99 | 99 | | H. B. 76 |
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| 100 | 100 | | - 4 - |
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