Roads


HB 0058WatchMotor vehicles; reference date to federal regulations regarding the safe operation of commercial motor vehicles and carriers; updateTerry Rogers
7/1/2017Effective DateMotor VehiclesPublic Safety
Econ. Dev. & TransportationIntern 2Roads
This legislation updates the reference to federal regulations regarding safe operation of commercial motor vehicles and carriers. 
HB 0068NegotiatingConstruction Zones - Required Emergency Pull OffAndrew Welch
1/25/2017House Second ReadersTransportation
2017/01/27-ReportEcon. Dev. & TransportationKathleen BowenMandateRoads
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 0234WatchMotor vehicles; drivers stop at crosswalks with user activated rectangular rapid-flash beacons; requireSpencer Frye
1/8/2018Senate RecommittedPublic Safety and Homeland SecurityPublic Safety
Econ. Dev. & TransportationIntern 2Public Safety and CourtsRoadsTraffic Enforcement
This legislation requires vehicles to stop when an approved rectangular rapid-flash beacon has been activated to allow a pedestrian or bicycle rider to cross the roadway within a crosswalk.
HB 0235NeutralSpeed Limit Posting in Urban or Residential DistrictsSpencer Frye
2/7/2017House Second ReadersGovernmental Affairs
2017/02/03-ReportEcon. Dev. & TransportationKathleen BowenLaw EnforcementMandate
Public Safety and CourtsRoadsTraffic 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 0328NeutralGDOT Revisions to FlexAuto Lanes Sam Watson
7/1/2017Effective DateTransportationTransportation
Econ. Dev. & TransportationKathleen BowenPublic Safety and CourtsRoadsTraffic 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 0379NeutralGeorgia Public Road Authority ActKevin Tanner
2/17/2017House Second ReadersTransportation
2017/02/17-ReportEcon. Dev. & TransportationFinancingGeneral County GovernmentGovernment Immunity
Kathleen BowenProcurementRevenue & FinanceRoadsTransportation
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 0438NeutralOff-Road Vehicle Restrictions in Public SpacesPatricia Gardner
3/30/2017House Withdrawn, RecommittedMotor Vehicles
2017/02/24 - ReportEcon. Dev. & TransportationGeneral County GovernmentKathleen BowenLaw Enforcement
Public Safety and CourtsRoadsTraffic 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 0451NegotiatingExceptions to County Road Restrictions James Epps
3/30/2017House Withdrawn, RecommittedGovernmental Affairs
2017/02/24 - ReportEcon. Dev. & TransportationGeneral County GovernmentKathleen BowenLaw Enforcement
PreemptionPublic Safety and CourtsRoadsTraffic 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 0518NeutralCity Franchise Fees on Telecommunications - Change Calculation Lee Hawkins
2/20/2018House Committee Favorably Reported By SubstituteEnergy, Utilities and Telecommunications
Business and Occupation TaxEcon. Dev. & TransportationEminent Domain/CondemnationFranchise FeesGeneral County Government
PreemptionRevenue & FinanceRoadsTelecommunicationsTodd 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 0533OpposeLocal Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless StructuresBrett Harrell
3/6/2017House Second ReadersEnergy, Utilities & Telecommunications
Business and Occupation TaxCode EnforcementEcon. Dev. & TransportationEconomic DevelopmentForfeitures, Fees, and Fine Add Ons
General County GovernmentLand Use/ZoningPreemptionRoadsTodd Edwards
TransportationUtilities

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 0694NeutralElectronic Filing of Motor Fuel Tax ReportsBrett Harrell
3/21/2018Senate Committee Favorably Reported By SubstituteWays and MeansFinance
Larry RamseyRevenue & FinanceRoadsTransportation Funding
This bill requires motor fuel distributors to file electronically their monthly reports with the state revenue commissioner.
HB 0833NeutralProfessional Land Surveyors - Redefine Paulette Rakestraw
2/26/2018Senate Read and ReferredRegulated IndustriesRegulated Industries and Utilities
2018/02/09 Report2018/02/16 ReportEcon. Dev. & TransportationGeneral County GovernmentNat. Res. & the Environment
RoadsTodd 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 0887OpposeWireless Industry Preemption of Local Management of Public Right of Way Jay Powell
3/27/2018Senate Passed/Adopted By SubstituteWays and MeansRegulated Industries and Utilities
2018/02/09 Report2018/03/16 Report2018/03/2 Report2018/03/23 ReportBroadband
Business and Occupation TaxEcon. Dev. & TransportationEconomic DevelopmentEmergency Management/PreparednessEminent Domain/Condemnation
Franchise FeesGeneral County GovernmentLarry RamseyPublic Safety and CourtsRevenue & Finance
RoadsSales Tax-LocalTodd 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.  

HB 0970EvaluatingCrimes and offenses; offense of carrying a weapon in an unauthorized location; includes carrying a long gunDavid Dreyer
2/22/2018House Second ReadersPublic Safety and Homeland Security
Correctional Institutions/JailEcon. Dev. & TransportationFirearms/Carry LawsGeneral County GovernmentPublic Safety and Courts
RoadsTodd Edwards
HR 0361EvaluatingUnited States Congress; enactment of a Regulation Freedom Amendment to the Constitution of the United States; encourageDon Parsons
3/9/2017House Passed/AdoptedEnergy, Utilities & Telecommunications
911AgricultureAir QualityAirportsAlcohol/Tobacco
Correctional Institutions/JailEcon. Dev. & TransportationElectionsEmergency Management/PreparednessEminent Domain/Condemnation
EMS/AmbulanceFarmFinancingFirearms/Carry LawsFireworks
Forfeitures, Fees, and Fine Add OnsFranchise FeesGeneral County GovernmentHealth and Human ServicesHospital Authority
ImmigrationLand ConservationLand Use/ZoningLaw EnforcementNat. Res. & the Environment
Personnel/EmploymentPortsPreemptionPublic Safety and CourtsRetirement
Revenue & FinanceRoadsSewer/SeptageSolid WasteStormwater
TelecommunicationsTodd EdwardsTraffic EnforcementTransitTransportation
Utilities Water QualityWater Quantity
This legislation encourages Congress to enact the Regulation Freedom Amendment to the United States Constitution. 
HR 1397EvaluatingFederal Motor Carrier Safety Administration (FMCSA); withdraw the Electronic Logging Device regulation on the agriculture industry; encourageRobert Dickey
3/27/2018House Passed/Adopted By SubstituteAgriculture and Consumer Affairs
AgricultureEcon. Dev. & TransportationKathleen BowenNat. Res. & the EnvironmentRoads
Traffic Enforcement
HR 1539SupportStudy Committee on Technology and Taxation in the Public Right of Way Brett Harrell
3/19/2018House Second ReadersTransportation
BroadbandEcon. Dev. & TransportationEconomic DevelopmentEminent Domain/CondemnationFranchise Fees
General County GovernmentPreemptionPublic Safety and CourtsRevenue & FinanceRoads
TelecommunicationsTodd EdwardsTraffic EnforcementUtilities
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 1698SupportUse of County Right of Way for Telecommunications Technology - Study by House Rural Development Council John Meadows
3/27/2018House Passed/AdoptedRules
Econ. Dev. & TransportationGeneral County GovernmentRoadsTodd EdwardsUtilities
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 0027EvaluatingCondemnations - Award of Attorneys Fees and Expert Witness Fees to OwnerJoshua McKoon
1/23/2017Senate Read and ReferredTransportation
2017/01/27-ReportEcon. Dev. & TransportationEminent Domain/CondemnationGeneral County GovernmentLarry Ramsey
Roads
This bill would require that court judgments against a condemnor government following a jury trial would include (in addition to the jury verdict of just and adequate condemnation) the condemnees' attorney's fees, expert witness fees, and other trial preparation expenses. As drafted, the government would be responsible for these expenses regardless of whether the jury verdict favors the condemnee or not. Thus, even if the jury agreed with the government's evidence of the appropriate level of compensation for a condemnation (and rejected the condemnees' evidence), the government would still be responsible for these fees and expenses of the property owner and other condemnees. 
SB 0051EvaluatingGeorgia Film and Television Trail; provisions; reviseJeff Mullis
1/26/2017Senate Read and ReferredEconomic Development and Tourism
Econ. Dev. & TransportationEconomic DevelopmentKathleen BowenRevenue & FinanceRoads
This legislation removes the ability of the Department of Transportation to use property acquired by purchase, easement, lease or donation to place signs indicting film or television production locations.
SB 0232SupportBroadband - Authorize EMCs to Provide Steve Gooch
3/5/2018House Second ReadersWays and MeansRegulated Industries and Utilities
2017/02/24 - Report2018/03/2 ReportEcon. Dev. & TransportationEconomic DevelopmentForfeitures, Fees, and Fine Add Ons
General County GovernmentLand Use/ZoningPreemptionPublic Safety and CourtsPublic Works
Revenue & FinanceRoadsTelecommunicationsTodd EdwardsUtilities

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 0237NeutralMotorized Wheelchairs and Scooters - Reflectors RequiredDonzella James
2/23/2017Senate Read and ReferredPublic Safety
Econ. Dev. & TransportationHealth and Human ServicesKathleen BowenRoads
This legislation requires that motorized wheelchairs and scooters using sidewalks and public ways must have reflectors.
SB 0266NeutralStop Sign Usage Frank Ginn
3/3/2017Senate Read and ReferredTransportation
Econ. Dev. & TransportationKathleen BowenMandateRoadsTraffic 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 0390EvaluatingCarrying Weapons in Unauthorized Locations; public assemblies during St. Patrick's Day holiday period shall be unauthorized locations; establishLester Jackson
2/7/2018Senate Read and ReferredJudiciary
Econ. Dev. & TransportationFirearms/Carry LawsGeneral County GovernmentPublic Safety and CourtsRoads
Todd Edwards
SB 0425NeutralLand Surveyors - Define Practice Steve Gooch
5/7/2018Act 417Regulated IndustriesRegulated Industries and Utilities
2018/03/16 ReportCode EnforcementEcon. Dev. & TransportationGeneral County GovernmentHealth and Human Services
Land Use/ZoningLaw EnforcementNat. Res. & the EnvironmentProcurementPublic Safety and Courts
Public WorksRoadsStormwaterTodd EdwardsUtilities
Water QualityWater 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 0426SupportBroadband - EMCs and Rural Telephone Cooperatives Authorized to Provide Steve Gooch
3/29/2018House Passed/Adopted By SubstituteEnergy, Utilities and TelecommunicationsRegulated Industries and Utilities
2018/02/16 Report2018/02/23 Report2018/03/16 Report2018/03/2 Report2018/03/23 Report
BroadbandCode EnforcementEcon. Dev. & TransportationEconomic DevelopmentFranchise Fees
General County GovernmentLand Use/ZoningPreemptionRevenue & FinanceRoads
TelecommunicationsTodd EdwardsTransportationUtilities

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 0428NegotiatingStatewide Regulations for the Practice of Booting VehiclesMatt Brass
2/15/2018Senate Read and ReferredTransportation
2018/02/16 ReportCode EnforcementEcon. Dev. & TransportationKathleen BowenLaw Enforcement
Public Safety and CourtsRoadsSheriffTraffic 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 0435NeutralEnforcement of and Use of Cameras in School Zones and on School Buses Brandon Beach
2/23/2018Senate Read Second TimePublic Safety
Econ. Dev. & TransportationKathleen BowenLaw EnforcementOpen Records/Meetings ActProbate Court
Public Safety and CourtsRevenue & FinanceRoadsSolicitorsState 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 0445SupportSale of Property Formerly Used for Road Purposes / No Camping on GDOT PropertySteve Gooch
5/3/2018Act 407TransportationTransportation
2018/02/16 ReportEcon. Dev. & TransportationGeneral County GovernmentKathleen BowenProcurement
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. 

SB 0446NeutralAbandoned Motor VehiclesTyler Harper
3/23/2018House Committee Favorably Reported By SubstituteMotor VehiclesPublic Safety
Econ. Dev. & TransportationGeneral County GovernmentKathleen BowenLaw EnforcementPublic Safety and Courts
Revenue & FinanceRoads
SR 0778NeutralUrging Congress to Support America's National Park SystemSteve Gooch
3/27/2018Senate Passed/AdoptedNatural Resources and the Environment
Econ. Dev. & TransportationKathleen BowenNat. Res. & the EnvironmentRoadsUtilities
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 0989EvaluatingFederal Motor Carrier Safety Administration (FMCSA); withdraw Electronic Logging Device (ELD) regulations on the agriculture industry; encourageJohn Wilkinson
3/23/2018Senate Passed/AdoptedAgriculture and Consumer Affairs
Econ. Dev. & TransportationKathleen BowenPublic Safety and CourtsRoadsTraffic Enforcement
SR 1019SupportCounty Right of Way for Telecommunications Deployment - Create Study Committee Frank Ginn
3/27/2018Senate Passed/Adopted By SubstituteRegulated Industries and Utilities
2018/03/23 ReportBroadbandEcon. Dev. & TransportationEconomic DevelopmentEminent Domain/Condemnation
Franchise FeesGeneral County GovernmentPreemptionPublic Safety and CourtsRevenue & Finance
RoadsTelecommunicationsTodd EdwardsTraffic EnforcementUtilities
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 1170NeutralStudy Committee - Are Local Fees Going Toward Intended Purposes? Jack Hill
3/29/2018Senate Read and Adopted
911Alcohol/TobaccoAnimal ControlBroadbandBusiness and Occupation Tax
Code EnforcementEcon. Dev. & TransportationEMS/AmbulanceFire ServicesFireworks
Forfeitures, Fees, and Fine Add OnsFranchise FeesGeneral County GovernmentHealth and Human ServicesImpact Fees
Land Use/ZoningNat. Res. & the EnvironmentOpen Records/Meetings ActProbate CourtPublic Safety and Courts
Revenue & FinanceRoadsSewer/SeptageSheriffSolid Waste
State CourtSuperior CourtTax CommissionerTodd EdwardsTraffic 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.