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