This legislation amends the Transit Authority Act. It broadens the definition of "metropolitan area" to include any city, regardless of population, and the suburban area around it. It also requires an intergovernmental agreement when a new transit authority is created in an area where another transit authority or county public transit provider is already in operation.

This bill makes significant changes to taxation of motor fuel and creates a new single county local option TSPLOST. Click here for a detailed summary and here for additional information including county impact analysis.

This legislation repeals the requirement that MARTA's ratio of operations to capital expenditures does not exceed 50/50. It also provides for a representative from Clayton county to sit on the MARTA board and makes the GRTA Executive Director a voting member. This legislation also provides for a process of appeal for citations issued in violation of authority rules and regulations.

County Impact:  For the three participating MARTA counties, this legislation provides for board representation from Clayton county as well as the northern part of DeKalb county. The removal of the 50/50 requirement on revenue spending for MARTA will provide the agency with more flexibility in its use of the revenue which will benefit the residents of the three participating counties. 

 This legislation requires counties to pay attorneys' fees when condemning property for transportation purposes. 

This legislation allows counties, when abandoning a road in a subdivision with a homeowners' association, to provide notice to the homeowners' association on the proposed abandonment, rather than the adjoining property owners. The homeowners' association could then exercise the option to buy the abandoned road back from the county. This bill is similar to HB 477.

Local governments that have different white lining, marking or other utility locate procedures than the state Department of Transportation or Public Service Commission cannot impose fines on those failing to follow the local procedures.  The bill also extends, from 21 to 30 days, the time by which blasting or excavating must commence after providing notice.  

This legislation allows counties and cities that have entered into rapid transit contracts with Metropolitan Atlanta Rapid Transit Authority (MARTA) and already have a 1 percent sales tax to levy an additional 1/2 percent sales tax for use on MARTA projects. A county or city that does not want to enact the additional 1/2 percent sales tax must adopt a resolution or ordinance by June 30, 2016. For a more detailed summary of the legislation, click here.

This legislation (now a Senate Transportation Committee substitute,  LC 39 1328S) amends the local MARTA Act in numerous ways, including:

1) Atlanta and the three counties (DeKalb, Fulton, and Clayton) that have entered into rapid transit contracts with Metropolitan Atlanta Rapid Transit Authority (MARTA) and already have a 1% sales tax to levy an additional 1/2% sales tax for use on MARTA projects. The referendum will be held during the 2016 general election, unless the county or city adopts a resolution or ordinance stating that it will not levy the additional 1/2% sales tax or stating that the referendum will be held in 2017.  

2) By May 31, 2016 (and again in 2017, if the 2016 referendum fails), MARTA must submit a preliminary list of rapid transit projects within or serving the county or city that could be funded by the proceeds of the 1/2% additional sales tax. By July 31, 2016 (and again in 2017, if the 2016 referendum fails), MARTA must submit a final list of rapid transit projects to the city or county that must be incorporated into the rapid transit contract.  

3) Atlanta can hold a referendum in the city limits and a county referendum is countywide other than in Atlanta city limits. 

4) The additional MARTA tax must first be spent on the cost of the rapid transit projects included in the contract between the county or city and MARTA.

5) Once the additional MARTA tax is imposed, the effective rate of the multi county TSPLOST or the single county TSPLOST is reduced such that the combined rate of the new additional MARTA tax and any TSPLOSTs does not exceed 1%.

6) The additional MARTA tax is excluded form the 2% cap on local sales and use taxes under 48-8-6. 

7) If the referendum fails in one of the counties of the city in 2016, the process may be repeated for the 2017 municipal general election.

8) Upon completion of projects and full payment of bonds, interest and obligations, a levying government can by resolution or ordinance abolish the tax or provide for a phase out with excess proceeds going to rapid transit M & O.  

Under this bill, a state or local government road or airport project that does not exceed $100 million does not have to go through the stringent requirements of the Environmental Policy Act.  However, an environmental evaluation will be considered in the decision-making process when it is probable to expect significant adverse impact on historical sites or buildings and cultural resources.  

 This joint resolution of the General Assembly makes several provisions regarding transportation funding including:

1) the 4th penny of state sales and use tax will be dedicated to transportation;

2) bond money will include annually $300 million for transportation funding:

3) 25 percent of increased revenues will be dedicated to transportation;

4) DOT is required to rank and prioritize all pending projects according to safety, critical infrastructure repair, and traffic relief.

The ultimate effect of this resolution depends on how it is passed.  If it is simply read once and adopted in each chamber, it will merely express the desire of the General Assembly. If it is read three times and adopted with the formalities of a general bill, it will have the force and effect of law. In that event, items 1, 2, and 3 above will still be aspirational only as the General Assembly can only bind itself by constitutional amendment. Item 4 will have the effect of a general law however and be binding on DOT.