Bill Text: GA HB137 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation, Department of; change multiple provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-07-01 - Effective Date [HB137 Detail]
Download: Georgia-2011-HB137-Comm_Sub.html
Bill Title: Transportation, Department of; change multiple provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-07-01 - Effective Date [HB137 Detail]
Download: Georgia-2011-HB137-Comm_Sub.html
11 LC
34 3089S
The
Senate Transportation Committee offered the following substitute to HB
137:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend provisions of the Official Code of Georgia Annotated, relating to the
Department of Transportation; to amend Title 12 of the Official Code of Georgia
Annotated, relating to conservation and natural resources, so as to provide
penalties for violations of land-disturbing activities requirements; to add
mediation of disputes regarding erosion and sediment control compliance to the
duties of the Erosion and Sediment Control Overview Council; to amend Title 32
of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, so as to change definitions; to clarify the duties of the treasurer; to
clarify the term of the planning director and eliminate the bonding requirement;
to remove the requirement of including the ZIP Code designation on official maps
and lists; to clarify procedures for removing asbestos pipe for utility
facilities; to allow counties and cities to send updated information to the
department using digital files; to limit liability of law enforcement officers
and the department during periods of emergencies; to amend Title 33 of the
Official Code of Georgia Annotated, relating to insurance, so as to exempt the
department from having to provide accident reports in certain situations; to
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to require cities to include certain information in annexation
reports; to provide that the department is not required to obtain cemetery
redevelopment permits except in certain instances; to amend Title 40 of the
Official Code of Georgia Annotated, relating to motor vehicles and traffic, so
as to provide that designees of the department may charge for accident reports;
to request electronic submission of certain accident reports by law enforcement
agencies; 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
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by adding a new subsection to Code Section
12-5-52, relating to civil penalties for water pollution, to read as
follows:
"(c)
Any person violating this article where such violation consists of erosion and
sedimentation control penalties in violation of a National Pollutant Discharge
Elimination System permit issued pursuant to 40 C.F.R. Part 123 and such
violation is alleged to have been committed by a state agency, department, or
authority, or any person fulfilling the requirements of a contract with a state
agency, department, or authority, shall be liable for the civil penalty provided
for by subsection (a) of this Code section only after the following procedures
have been followed:
(1)
For the first and second violations at a single site in a calendar year, the
division shall issue a written warning to the violator specifying the provisions
of this title or the rules or regulations or order alleged to have been violated
and may require that necessary corrective action and mitigation be taken within
a reasonable time, but not less than five days, to be prescribed in the warning.
If the violation is not corrected within such period, the division may impose by
order a civil penalty;
(2)
For a third and each subsequent violation of the permit at a single site in a
calendar year, the division may impose by order immediate corrective action and
a civil penalty; and
(3)
Any order issued pursuant to this subsection shall become final unless the
person or persons named therein request, in writing, a hearing pursuant to
subsection (f) of Code Section
12-7-7.1."
SECTION
2.
Said
title is further amended by revising subsection (f) and adding a new subsection
to Code Section 12-7-7.1, relating to the preparation and implementation of an
erosion and sediment control plan, as follows:
"(f)(1)
There shall be an Erosion and Sediment Control Overview Council which shall
provide guidance on the best management practices for implementing any erosion
and sediment control plan for purposes of this Code section. The council shall
be composed of
nine
seven
members, including one member who shall be appointed by the Speaker of the House
of Representatives and serve at the pleasure thereof; one member who shall be
appointed by the Lieutenant Governor and serve at the pleasure thereof; and
seven
five
members who shall be appointed by the Governor and serve at the pleasure
thereof, including one employee each from the Department of
Transportation,
and
the Environmental Protection Division of the Department of Natural Resources,
and the
Georgia Regional Transportation Authority,
a professional engineer licensed to practice in this state from a private
engineering consulting firm practicing environmental engineering,
two
representatives
one
representative of the highway contracting
industry certified by the Department of Transportation, and a chairperson.
All
appointments shall be made by the appointing officials within 90 days from the
effective date of this Code section. The
council shall meet at the call of the chairperson. Each councilmember shall
receive a daily allowance in the amount specified in subsection (b) of Code
Section 45-7-21; provided, however, that any full-time state employee serving on
the council shall draw no compensation but shall receive necessary expenses.
The commissioner is authorized to pay such compensation and expenses from
department funds.
(2)
The council may develop recommendations governing the preparation of plans and
the installation and maintenance of best management practices. If a dispute
concerning the requirements of this Code section should arise, the Erosion and
Sediment Control Overview Council shall mediate the dispute.
(3)
The council may also mediate any disputes, including without limitation the
issuance of orders or levying of fines by the division, relating to erosion and
sediment control compliance enforcement actions taken by the division against
the Department of Transportation, the State Road and Tollway Authority, or
persons fulfilling the requirements of a contract with the Department of
Transportation or State Road and Tollway Authority. Mediation may be requested
by any of the aforementioned parties by submitting a written request to the
chairperson of the council. The decision of the council shall be binding upon
the parties unless an appeal is taken pursuant to the procedures of Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the
council shall be a contested case for purposes of such
chapter."
"(h)
Nothing in this Code section shall apply to projects developed under the
provisions of Code Section 32-2-80 or
32-2-81."
SECTION
3.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by revising paragraphs (24) and (30) of Code Section 32-1-3,
relating to definitions, as follows:
"(24)
'Public road' means a highway, road, street, avenue, toll road, tollway, drive,
detour, or other way
that either
is open to the public
or has been
acquired as right of way, and
is
intended
or
to
be used for
its
enjoyment by
the public and for the passage of vehicles
in any county or municipality of Georgia, including but not limited to the
following public rights, structures, sidewalks, facilities, and appurtenances
incidental to the construction, maintenance, and enjoyment of such rights of
way:
(A)
Surface, shoulders, and sides;
(B)
Bridges;
(C)
Causeways;
(D)
Viaducts;
(E)
Ferries;
(F)
Overpasses;
(G)
Underpasses;
(H)
Railroad grade crossings;
(I)
Tunnels;
(J)
Signs, signals, markings, or other traffic control devices;
(K)
Buildings for public equipment and personnel used for or engaged in
administration, construction, or maintenance of such ways or research pertaining
thereto;
(L)
Wayside parks;
(M)
Parking facilities;
(N)
Drainage ditches;
(O)
Canals and culverts;
(P)
Rest areas;
(Q)
Truck-weighing stations or check points; and
(R)
Scenic easements and easements of light, air, view, and
access."
"(30)
'Utility' means any publicly, privately, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing communications, power,
electricity, light, heat, gas, oil products, water, steam, clay, waste, storm
water not connected with highway drainage, and other similar services and
commodities, including publicly owned fire and police
and
traffic signals and street lighting
systems, which directly or indirectly serve the public. This term also means a
person, municipal corporation, county, state agency, or public authority which
owns or manages a utility as defined in this paragraph."
SECTION
4.
Said
title is further amended by revising subsection (c) of Code Section 32-2-42,
relating to the appointment and responsibilities of the deputy commissioner,
chief engineer, treasurer, and assistant treasurer, as follows:
"(c)
The commissioner shall appoint a treasurer of the department to serve at the
pleasure of the commissioner. Before assuming the duties of his or her office,
the treasurer shall qualify by giving bond with a corporate surety licensed to
do business in this state, such bond to be in the amount of $500,000.00 and
payable to the Governor and his or her successors in office. The bond shall be
subject to the approval of the Governor and shall be conditioned on the faithful
discharge of the duties of the office. The premium for the bond shall be paid
out of the funds of the department. The duties of the treasurer shall be to
receive all funds from all sources to which the department is entitled, to
account for all funds received by the department,
to adjust for
additional appropriations or balances brought forward from previous years with
the prior approval of the Office of Planning and
Budget, and to perform such other duties
as may be required of him or her by the commissioner. The commissioner shall
have the authority to appoint an assistant treasurer in the same manner and
under the same conditions as set forth in this subsection for the appointment of
the treasurer, including the qualifying in advance by giving bond of the same
type, amount, and paid for in the same manner as required of the treasurer. The
assistant treasurer shall assume the duties of office of treasurer upon the
incapacity or death of the treasurer and shall serve until a new treasurer is
appointed as provided in this subsection."
SECTION
5.
Said
title is further amended by revising subsection (a) of Code Section 32-2-43,
relating to the appointment and responsibilities of the director of planning, as
follows:
"(a)
There shall be a director of planning appointed by the Governor subject to
approval by a majority vote of both the House Transportation Committee and the
Senate Transportation Committee. The director shall serve during the term of
the Governor by whom he or she is appointed and at the pleasure of the Governor.
Before
assuming the duties of his or her office, the director shall qualify by giving
bond with a corporate surety licensed to do business in this state, such bond to
be in the amount of $500,000.00 and payable to the Governor and his or her
successors in office. The bond shall be subject to the approval of the Governor
and shall be conditioned on the faithful discharge of the duties of the office.
The premium for the bond shall be paid out of the funds of the
department.
If the
Governor's term expires and the incoming Governor has not made an appointment,
the current director of planning may serve until a replacement is appointed by
the incoming Governor and confirmed by the House and Senate Transportation
Committees."
SECTION
6.
Said
title is further amended by revising paragraph (2) of subsection (a) and by
adding a new subsection to Code Section 32-4-2, relating to the official map of
public roads and records pertaining thereto, as follows:
"(2)(A)
The department shall prepare an official list of all portions or features of the
state highway system, including without limitation public roads, bridges, or
interchanges, which have been named by Act or resolution of the General Assembly
or by resolution of the State Transportation Board. The department shall update
the list to reflect any additions or changes as soon as is reasonably possible;
and such list, as periodically revised, shall be open for public inspection.
For each such named portion or feature of the state highway system, the list
shall specify without limitation the official name; the state highway system
route number; the name of each county
and the
number of each five-digit postal ZIP Code
area wherein the named portion or feature
is located; a citation to the Act or resolution of the General Assembly or the
resolution of the State Transportation Board officially naming such portion or
feature; and a brief biographical, historical, or other relevant description of
the person, place, event, or thing commemorated by such naming.
(B)
The department may contract with a state historical society to make such list
available in electronic format free of charge to Internet users, provided that
any web page providing such list pursuant to this subparagraph shall be
searchable without limitation by county name
or
five-digit postal ZIP
Code."
"(g)
For purposes of this chapter, state maps and written records shall only be
maintained on public roads which are open to public
travel."
SECTION
7.
Said
title is further amended by revising Code Section 32-4-4, relating to removal of
asbestos pipe from utility facilities, 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
facility
exists in the
public
rights of way of any
highway,
road,
bridge, or
other transportation project
or
street authorized pursuant to this title,
and the entity determines that such
pipe
facility
should no longer be utilized, the entity that owns and operates the utility
facility shall
file a notice
of abandonment with the department if the facility is located upon the public
rights of way under the authority of the department. Upon abandonment, the
entity 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.
The entity
shall not relinquish the ownership of said facility as stated in subsection (h)
of Code Section 25-9-7 and Code Section 32-6-174. The facility shall be deemed
abandoned and out of
service."
SECTION
8.
Said
title is further amended by revising paragraph (4) of Code Section 32-4-41,
relating to the duties of a county with respect to the county road system, as
follows:
"(4)
A county shall keep on file in the office of the county clerk, available for
public inspection, the map of the county road system prepared by the department
as provided for in subsection (a) of Code Section 32-4-2. In addition to
keeping on file a map of the county road system, the county shall notify the
department within three months after a county road is added to the local road or
street system and shall further notify the department within three months after
a local road or street has been abandoned. This notification shall be
accompanied by
a
an appropriate
digital file,
map,
or plat depicting the location of the new or abandoned road;"
SECTION
9.
Said
title is further amended by revising subsection (b) of Code Section 32-4-91,
relating to the construction and maintenance of municipal street systems, as
follows:
"(b)
A municipality shall notify the department within three months after a municipal
street is added to the municipal street system and shall further notify the
department within three months after a municipal street is abandoned. This
notification shall be accompanied by
a
an appropriate
digital file,
map,
or plat depicting the location of the new or abandoned
street."
SECTION
10.
Said
title is further amended by adding a new Code section to read as
follows:
"32-6-4.
State
or local law enforcement officers, including fire department officials, and the
department are authorized, upon the issuance of an executive order by the
Governor declaring a state of emergency, with or without the consent of the
owner, to remove or have removed any natural or manmade obstruction, cargo, or
other personal property which is abandoned, unattended, or damaged and the law
enforcement officer or the department determines such object to be a threat to
public health or safety or to be contributing to traffic congestion. Any
person, contractor, towing service, or other entity that is removing an
obstruction, cargo, or other personal property pursuant to the instruction of a
law enforcement officer, an official of a fire department acting under the
authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code
Section 25-3-2, or the department, and under the provisions of this Code
section, shall be liable only for damage or harm at the location where the
obstruction, cargo, or other personal property was left abandoned or unattended,
only when the person, contractor, towing service, or other entity was grossly
negligent in the performance of his or her assigned duties; provided, however,
nothing in this Code section shall limit liability for any damage or harm caused
at a location different from the location where the obstruction, cargo, or other
personal property was left abandoned or
unattended."
SECTION
11.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by revising subsection (c) of Code Section 33-24-53, relating to the prohibition
of compensation for referrals to attorneys, as follows:
"(c)
With respect to a motor vehicle accident, no employee of any law enforcement
agency or the
Department of Transportation shall allow
any person, including an attorney, health care provider, or their agents, to
examine or obtain a copy of any accident report or related investigative report
when the employee knows or should reasonably know that the request for access to
the report is for commercial solicitation purposes. No person shall request any
law enforcement agency
or the
Department of Transportation to permit
examination or to furnish a copy of any such report for commercial solicitation
purposes. For purposes of this subsection, a request to examine or obtain a
copy of a report is for 'commercial solicitation purposes' if made at a time
when there is no relationship between the person or his
or
her principal requesting the report and
any party to the accident, and there is no apparent reason for the person to
request the report other than for purposes of soliciting a business or
commercial relationship. All persons, except law enforcement
personnel,
and
persons named in the
report, and
legal representatives and insurance companies requesting on behalf of persons
named in the report, shall be required to
submit a separate written request to the law enforcement agency
or the
Department of Transportation for each
report. Such written request shall state the requestor's name, address, and the
intended use of the report in sufficient detail that the law enforcement agency
or the
Department of Transportation may ascertain
that the intended use is not for commercial solicitation purposes. The law
enforcement agency
or the
Department of Transportation shall file
each written request with the original report. No person shall knowingly make
any false statement in any such written request."
SECTION
12.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising subsections (a) and (b) of Code Section 36-36-3, relating to
property annexed by municipalities, as follows:
"(a)
The clerk, city attorney, or other person designated by the governing authority
of any municipality annexing property shall file a report identifying any
property annexed with the Department of Community Affairs and with the county
governing authority of the county in which the property being annexed is
located. Such reports shall be filed, at a minimum, not more than 30 days
following the last day of the quarter in which the annexation becomes effective
but may be filed more frequently. Each report shall include the
following:
(1)
The legal authority under which the annexation was accomplished, which shall be
the ordinance or resolution number for any annexation effected pursuant to
Article 2, 3, 4, or 6 of this chapter or the Act number if effected by local Act
of the General Assembly;
(2)
The name of the county in which the property being annexed is located;
the total
acreage annexed; the enactment date and
effective date of the annexation ordinance, resolution, or local Act of the
General Assembly;
and
(3)
A letter from the governing authority of any municipality annexing property
stating their intent to add the annexed area to maps provided by the United
States Bureau of the Census during their next regularly scheduled boundary and
annexation survey of the municipality and stating that the survey and map will
be completed as instructed and returned to the United States Bureau of the
Census.;
and
(4)
A list identifying roadways, bridges, and rights of way on state routes that are
annexed and, if necessary, the total mileage annexed.
(b)
The submission of a report required under subsection (a) of this Code section
shall be made in writing and may also be made in electronic format
to the
Department of Community Affairs and to others as
required, at the discretion of the
submitting municipality."
SECTION
13.
Said
title is further amended by adding a new subsection to Code Section 36-72-14,
relating to a permit for development of land on which a cemetery is located, as
follows:
"(c)
The provisions of this chapter notwithstanding, the Department of Transportation
shall not be required to obtain a permit under this chapter unless human remains
are to be relocated; provided, however, that the department shall be required to
obtain an archaeologist's report, pursuant to paragraph (2) of Code Section
36-72-5, confirming the absence of human remains on the affected
property."
SECTION
14.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising Code Section 40-9-30, relating to fees for
copies of accident reports, as follows:
"40-9-30.
The
Department of
Transportation,
or its third-party designee, shall charge
a fee of $5.00 for each copy of any accident report received and maintained by
that department
or its
designee pursuant to Code Section
40-6-273."
SECTION
15.
Said
title is further amended by revising Code Section 40-9-31, relating to
submission of accident reports, as follows:
"40-9-31.
Each
state and local law enforcement agency shall submit to the Department of
Transportation the original document of any accident report prepared by such law
enforcement agency or submitted to such agency by a member of the public. If
the Department of Driver Services receives a claim requesting determination of
security, the Department of Transportation shall provide a copy or an electronic
copy of any relevant accident reports to the Department of Driver Services.
A
Any
law enforcement agency may transmit the information contained on the accident
report form by electronic means, provided that the Department of Transportation
has first given approval to the reporting agency for the electronic reporting
method utilized. The law enforcement agency shall retain a copy of each
accident report.
Any law
enforcement agency that transmits the data by electronic means must transmit the
data using an interchangeable electronic format and reporting method approved by
the Department of Transportation. All
such reports shall be submitted to the Department of Transportation not more
than 15 days following the end of the month in which such report was prepared or
received by such law enforcement agency.
The Department
of Transportation is authorized to engage the services of a third party in
fulfilling its responsibilities under this Code
section."
SECTION
16.
This
Act shall become effective on July 1, 2011.
SECTION
17.
All
laws and parts of laws in conflict with this Act are repealed.