PocketLaw | Georgia Code | (Effective January 1, 2021. See note.)

(Effective January 1, 2021. See note.) Uniform Operation; Jurisdictional Issues

Checkout our iOS App for a better way to browser and research.

1. This chapter shall operate uniformly throughout the state.
2. 1. The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regulations as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through resolution or regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter.
  2. The jurisdiction of the authority for purposes of this chapter shall also encompass the territory of every county designated by the USEPA in the Code of Federal Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through resolution or regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encompassed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph.
1. By December 1, 2018, the director of the Environmental Protection Division shall report and certify to the authority those counties which were designated by the USEPA as included in whole or in part within a nonattainment area pursuant to subsection (a) of this Code section and, pursuant to criteria established by that division, counties which are reasonably expected to become nonattainment areas under the Clean Air Act within three years from the date of such report and certification. Such report and certification shall be updated annually thereafter. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other related facilities of the authority shall be made available to county and local governments for the purpose of planning, designing, constructing, operating, and maintaining transit systems and transit projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organizations' transit plans and transportation improvement programs and the authority's regional transit plan, on such terms and conditions as may be agreed to between the authority and such county or local governments.
2. The jurisdiction of the authority for purposes of this chapter shall be extended to any county the territory of which is contiguous with the jurisdiction established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board deems as a county having excess levels of ozone, carbon monoxide, or particulate matter. A majority vote of the board and passage of a resolution by the board of commissioners of such county shall be required for the extension of the jurisdiction to include such a contiguous county.
3. The jurisdiction of the authority for purposes of this chapter may be extended to any county, the territory of which is not contiguous with the jurisdiction established by subsection (a) of this Code section, which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates as a county having excess levels of ozone, carbon monoxide, or particulate matter. Such county may be brought within the jurisdiction of the authority by a majority vote of the board and upon the effective date of a local law enacted by the General Assembly for such purpose.
Upon acquiring jurisdiction over the territory of any county, the authority's jurisdiction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made.
1. Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or convenient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their final disposition.
2. The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or constructed, utilizing federal funding in whole or in part, and the authority is empowered to enter into such contracts, lease agreements, or other instruments or agreements with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this chapter and the protection of federal interests.
Except for the purpose of reviewing proposed regional transit plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport.
Any county within the jurisdiction of the authority which provided no transit services or was provided no transit services by a state authority on or before July 1, 2018, shall be prohibited from initiating any transit services within such county without prior approval from the voters in a county-wide referendum called for such purpose.

(Code 1981, §50-39-10, enacted by Ga. L. 2018, p. 377, § 2-1/HB 930; Ga. L. 2019, p. 1056, § 50/SB 52; Ga. L. 2020, p. 685, § 3/HB 511.)

Editor's notes.

- Code Section 50-39-10 is set out twice in this Code. The first version is effective until January 1, 2021, and the second version becomes effective January 1, 2021.

Download our app to see the most-to-date content.