Roads (24)

Date of Last Recorded Action: 5/8/2018

HB 0068 NegotiatingConstruction Zones - Required Emergency Pull Off Andrew Welch
1/25/2017 House Second Readers Transportation -
2017/01/27-Report Econ. Dev. & Transportation Kathleen Bowen Mandate Roads
This legislation requires counties to provide an emergency pull off shoulder for the entire distance of a road expansion project that is wide enough for a vehicle to safely exit the road or to bypass traffic in a construction zone. ACCG is working with the author to address concerns.
HB 0235 NeutralSpeed Limit Posting in Urban or Residential Districts Spencer Frye
2/7/2017 House Second Readers Governmental Affairs -
2017/02/03-Report Econ. Dev. & Transportation Kathleen Bowen Law Enforcement Mandate
Public Safety and Courts Roads Traffic Enforcement
This legislation decreases the lowest speed limit that counties can establish on roads in an urban or residential district from 25 to 20 miles per hour.
HB 0328 NeutralGDOT Revisions to FlexAuto Lanes Sam Watson
7/1/2017 Effective Date Transportation Transportation
Econ. Dev. & Transportation Kathleen Bowen Public Safety and Courts Roads Traffic Enforcement
Transportation
This legislation, supported by the Georgia Department of Transportation, updates rules of the road, addresses the weight of idle reducing technology and would remove the time and location limit regarding the use of "FlexAuto" lanes. 
HB 0379 NeutralGeorgia Public Road Authority Act Kevin Tanner
2/17/2017 House Second Readers Transportation -
2017/02/17-Report Econ. Dev. & Transportation Financing General County Government Government Immunity
Kathleen Bowen Procurement Revenue & Finance Roads Transportation
Transportation Funding
This legislation creates the Georgia Public Road Authority, which would have the ability to issue revenue bonds on behalf of counties and municipalities for the construction of local public roads. This Authority would also have the power to issue bonds for “public-private initiatives”.
HB 0438 NeutralOff-Road Vehicle Restrictions in Public Spaces Patricia Gardner
3/30/2017 House Withdrawn, Recommitted Motor Vehicles -
2017/02/24 - Report Econ. Dev. & Transportation General County Government Kathleen Bowen Law Enforcement
Public Safety and Courts Roads Traffic Enforcement
This legislation limits the ability to drive off-road vehicles on a highway or in a public space in a manner which poses a direct threat of harm to persons or property. 
HB 0451 NegotiatingExceptions to County Road Restrictions James Epps
3/30/2017 House Withdrawn, Recommitted Governmental Affairs -
2017/02/24 - Report Econ. Dev. & Transportation General County Government Kathleen Bowen Law Enforcement
Preemption Public Safety and Courts Roads Traffic Enforcement
This legislation requires counties and cities to allow vehicles weighing over 36,000 pounds or longer than 30 feet to use any county and city roads if the vehicle is making a delivery on the road, using the road as the route to make a delivery or pick up, providing service on the road, or if avoiding the road would cause the driver to go more than ten miles out of the most direct route. This legislation allows counties and cities to adopt a local ordinance that would make the driver justify the presence of their vehicle on a restricted road.  
HB 0518 NeutralCity Franchise Fees on Telecommunications - Change Calculation Lee Hawkins
2/20/2018 House - House Committee Favorably Reported By Substitute Energy, Utilities and Telecommunications -
Business and Occupation Tax Econ. Dev. & Transportation Eminent Domain/Condemnation Franchise Fees General County Government
Preemption Revenue & Finance Roads Telecommunications Todd Edwards
This legislation reduces the rate which the Georgia DOT may charge for the installation of telephone and other communications facilities in its right to $100 per linear mile annually.  Furthermore, it caps the amount of franchise fees a city can charge telephone companies that do not have retail end user customers within its jurisdiction at $100 per linear mile.       
HB 0533 OpposeLocal Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless Structures Brett Harrell
3/6/2017 House Second Readers Energy, Utilities & Telecommunications -
Business and Occupation Tax Code Enforcement Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Roads Todd Edwards
Transportation Utilities

This complex and lengthy bill provides as close to unfettered access to county and municipal rights of way (ROW) as possible for wireless providers to construct unlimited wireless support structures/poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet), equipment boxes (up to 28 cubic feet) and other infrastructure in order to roll out 5G service in metropolitan areas.  The bill limits or preempts a broad range of county decisions regarding: wireless structures within and outside public ROW, collocation of small wireless facilities, zoning reviews for cell towers and wireless support structures, modifications to wireless facilities outside public ROW, location of wireless facilities on local government owned utility poles, and county jurisdiction over small wireless facilities on private property. For example, HB 535 would bar local governments from subjecting certain wireless facilities to zoning review and approval, limit fees that counties and cities could impose for permitting, regulating and managing access to public ROW by wireless companies, and impose unrealistic shot clocks for counties to make decisions regarding various wireless facilities; otherwise the applications are "deemed approved". In addition, the bill would prohibit counties from requiring that wireless providers indemnify and hold the county harmless against claims arising from negligent acts of the provider and does not provide that these structures be removed or relocated, at provider expense, for road widening, maintenance or emergency situations. Lastly, counties can only deny a permit for this infrastructure if it violates stipulations in the bill... which are slim to none.  

  

HB 0694 NeutralElectronic Filing of Motor Fuel Tax Reports Brett Harrell
3/21/2018 Senate - Senate Committee Favorably Reported By Substitute Ways and Means Finance
Larry Ramsey Revenue & Finance Roads Transportation Funding
This bill requires motor fuel distributors to file electronically their monthly reports with the state revenue commissioner.
HB 0833 NeutralProfessional Land Surveyors - Redefine Paulette Rakestraw
2/26/2018 Senate - Senate Read and Referred Regulated Industries Regulated Industries and Utilities
2018/02/09 Report 2018/02/16 Report Econ. Dev. & Transportation General County Government Nat. Res. & the Environment
Roads Todd Edwards
This legislation, mirroring SB 425, results from negotiations with ACCG and other stakeholders and changes several provisions relating to professional land surveyors.  Surveyors’ training hours are increased, but they no longer have to take five semester hours of training in hydrology.  Three semester hours of hydrology, and passage of a hydrology exam, are required if a surveyor seeks licensure to design storm water management plans, facilities, water distribution lines, or sanitary sewer collection systems.   Lastly, officers and employees of local governments or authorities engaged in gathering, processing, managing and sharing of geospatial and photogrammetric data for cataloging or mapping purposes are not required to be licensed surveyors.
HB 0887 OpposeWireless Industry Preemption of Local Management of Public Right of Way Jay Powell
3/27/2018 Senate - Senate Passed/Adopted By Substitute Ways and Means Regulated Industries and Utilities
2018/02/09 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report Broadband
Business and Occupation Tax Econ. Dev. & Transportation Economic Development Emergency Management/Preparedness Eminent Domain/Condemnation
Franchise Fees General County Government Larry Ramsey Public Safety and Courts Revenue & Finance
Roads Sales Tax-Local Todd Edwards

While this bill began, constructively, as a rural broadband bill, the Senate Regulated Industries Committee stripped and replaced it with the language of SB 426.  This wireless industry legislation guarantees authorization for wireless providers to construct and place poles (50' high), antennas (up to 6 cubic feet in volume and 10' higher than poles), equipment boxes (up to 25 cubic feet in volume), plus up to 4 cabinets (undefined size) and other infrastructure in county and city right of way (ROW).  Local government management of the above is all but entirely usurped; the grounds by which applications can be denied are few; denials are primed to result in litigation; and then locals are set up to lose.  

ACCG has attempted to work with the wireless providers, legislators and other stakeholders since last year to try to incorporate safeguards into the legislation.  While some of our recommendations were made, most of these "concessions" are so wrought with legal loopholes that their purported purpose has been nullified. 

For ACCG's concerns with (and suggestions for) this bill and SB 426, please click here.  

HR 1539 SupportStudy Committee on Technology and Taxation in the Public Right of Way Brett Harrell
3/19/2018 House - House Second Readers Transportation -
Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation Franchise Fees
General County Government Preemption Public Safety and Courts Revenue & Finance Roads
Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, mirroring SR 1019, creates the House study committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five House members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area.        
HR 1698 SupportUse of County Right of Way for Telecommunications Technology - Study by House Rural Development Council John Meadows
3/27/2018 House - House Passed/Adopted Rules -
Econ. Dev. & Transportation General County Government Roads Todd Edwards Utilities
This resolution urges the House Rural Development Council to investigate ways to streamline and make equitable use of state and local government right of way to expedite the deployment of emerging communications technologies while retaining local control of and fair compensation of such rights of way.  The Council is encouraged to seek input from the Georgia Department of Transportation, local governments and communications services providers on how best to manage the right of way.      
SB 0232 SupportBroadband - Authorize EMCs to Provide Steve Gooch
3/5/2018 House - House Second Readers Ways and Means Regulated Industries and Utilities
2017/02/24 - Report 2018/03/2 Report Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Public Safety and Courts Public Works
Revenue & Finance Roads Telecommunications Todd Edwards Utilities

This legislation authorizes EMCs to provide broadband service, VoIP, wireless services and other emerging communications technologies within their service areas and a 5-mile radius thereof.  EMCs would be allowed to accept state, federal and private grants loans to fund this endeavor, but cannot cross-subsidize their broadband services from their electric or natural gas funds. To do this, EMCs must provide nondiscriminatory, competitively neutral and commercially reasonable terms, conditions and access to their utility poles for other communications service providers.      

 

SB 0237 NeutralMotorized Wheelchairs and Scooters - Reflectors Required Donzella James
2/23/2017 Senate Read and Referred -Public Safety
Econ. Dev. & Transportation Health and Human Services Kathleen Bowen Roads
This legislation requires that motorized wheelchairs and scooters using sidewalks and public ways must have reflectors.
SB 0266 NeutralStop Sign Usage Frank Ginn
3/3/2017 Senate - Senate Read and Referred -Transportation
Econ. Dev. & Transportation Kathleen Bowen Mandate Roads Traffic Enforcement
Transportation
This legislation requires counties and cities to study the stop signs currently placed on their public roads and consider whether they should be replaced with yield signs before July 1, 2028.
SB 0425 NeutralLand Surveyors - Define Practice Steve Gooch
5/7/2018 Act 417 Regulated Industries Regulated Industries and Utilities
2018/03/16 Report Code Enforcement Econ. Dev. & Transportation General County Government Health and Human Services
Land Use/Zoning Law Enforcement Nat. Res. & the Environment Procurement Public Safety and Courts
Public Works Roads Stormwater Todd Edwards Utilities
Water Quality Water Quantity
This legislation removes the requirement that land surveyors receive at least five hours of course study in hydrology. The bill raises the required semester hours of course study, or the equivalent, in surveying subjects approved by the board from 15 to 18 hours. Moreover, HB 833 grandfathers in those who have already received credit in hydrology coursework so that they may sit for the board approved examination for licensure. In addition, HB 833 adds surveyors to the list of professionals subject to a misdemeanor for practicing as a licensed surveyor if that person has not completed the licensing requirements.
SB 0426 SupportBroadband - EMCs and Rural Telephone Cooperatives Authorized to Provide Steve Gooch
3/29/2018 House - House Passed/Adopted By Substitute Energy, Utilities and Telecommunications Regulated Industries and Utilities
2018/02/16 Report 2018/02/23 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report
Broadband Code Enforcement Econ. Dev. & Transportation Economic Development Franchise Fees
General County Government Land Use/Zoning Preemption Revenue & Finance Roads
Telecommunications Todd Edwards Transportation Utilities

Originally, this was the wireless industry's attempt to preempt local management of the public's right of way.  The bill was changed in House Rules Committee to allow EMCs and rural telephone cooperatives to provide broadband service to rural areas under certain conditions.     

 

 

SB 0428 NegotiatingStatewide Regulations for the Practice of Booting Vehicles Matt Brass
2/15/2018 Senate - Senate Read and Referred -Transportation
2018/02/16 Report Code Enforcement Econ. Dev. & Transportation Kathleen Bowen Law Enforcement
Public Safety and Courts Roads Sheriff Traffic Enforcement
This legislation (similar to HB 774) defines and sets statewide standards for vehicle immobilization devices and services - commonly known as "booting". In addition, this bill allows a county or city to pass an ordinance stricter than the provisions set out by this bill; however, of concern is that the language does not clearly state that a local government can ban the practice of booting vehicles. 
SB 0435 NeutralEnforcement of and Use of Cameras in School Zones and on School Buses Brandon Beach
2/23/2018 Senate - Senate Read Second Time -Public Safety
Econ. Dev. & Transportation Kathleen Bowen Law Enforcement Open Records/Meetings Act Probate Court
Public Safety and Courts Revenue & Finance Roads Solicitors State Court
Traffic Enforcement
This legislation allows cameras to be placed in school zones but prior to the placement of such devices, a permit should be otbained from the Georgia Department of Transportation. A civil penalty for speeding in such zone is $75 for a first violation and $125 for any subsequent violation with an additional processing fee of $25 assessed. Additionally, should a local government chose to use cameras in school zones, signs must be placed within the approaching school zone warning drivers of the use of speed detection cameras. 
 
The bill also reduces the civil penalty for passing a school bus that has its stop sign activated. 
SB 0445 SupportSale of Property Formerly Used for Road Purposes / No Camping on GDOT Property Steve Gooch
5/3/2018 Act 407 Transportation Transportation
2018/02/16 Report Econ. Dev. & Transportation General County Government Kathleen Bowen Procurement
Roads

This legislation provides consistency across the right-of-way disposal methods. Property formerly used for road purposes can be sold by auction or back to the prior owner by as much as 15% below fair market value. 

In addition, this bill states that it is unlawful to camp on the side of a state highway or on any property owned by the Georgia Department of Transportation. 

SR 0778 NeutralUrging Congress to Support America's National Park System Steve Gooch
3/27/2018 Senate - Senate Passed/Adopted -Natural Resources and the Environment
Econ. Dev. & Transportation Kathleen Bowen Nat. Res. & the Environment Roads Utilities
This resolution urges the United States Congress to create a reliable, predictable stream of resources to address deferred maintenance needs in America's National Park System. 
SR 1019 SupportCounty Right of Way for Telecommunications Deployment - Create Study Committee Frank Ginn
3/27/2018 Senate - Senate Passed/Adopted By Substitute -Regulated Industries and Utilities
2018/03/23 Report Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation
Franchise Fees General County Government Preemption Public Safety and Courts Revenue & Finance
Roads Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, similar to HR 1698, creates the Senate Study Committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five Senate members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area to achieve modernization, fairness and technology neutrality regarding access to the rights of way.       
SR 1170 NeutralStudy Committee - Are Local Fees Going Toward Intended Purposes? Jack Hill
3/29/2018 Senate - Senate Read and Adopted --
911 Alcohol/Tobacco Animal Control Broadband Business and Occupation Tax
Code Enforcement Econ. Dev. & Transportation EMS/Ambulance Fire Services Fireworks
Forfeitures, Fees, and Fine Add Ons Franchise Fees General County Government Health and Human Services Impact Fees
Land Use/Zoning Nat. Res. & the Environment Open Records/Meetings Act Probate Court Public Safety and Courts
Revenue & Finance Roads Sewer/Septage Sheriff Solid Waste
State Court Superior Court Tax Commissioner Todd Edwards Traffic Enforcement
Water Quality
Following much discussion over the past several years regarding the redirection of state-collected fees from their intended purposes, this Senate study committee (consisting of 5 senators) will examine whether or not local government fees are fairly and equitably imposed and whether the monies collected from them are being appropriately used and directed for the purpose(s) for which they are intended.  Examples of fees cited by this resolution include: storm water management fees, fire service fees, and traffic add-on fees.            
Green background on status indicates a bill has been acted on the last recorded legislative day.








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