TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 9. Mass Transportation, 32-9-1 through 32-9-24.

ARTICLE 1 GENERAL PROVISIONS

32-9-11. Transit services with local governments.

1. As used in this Code section, the term:
   1. "Local government" means any county, municipality, or political subdivision of this state, or any combination thereof.
   2. "Nonattainment area" means those counties currently having or previously deemed to have excess levels of ozone, carbon monoxide, or particulate matter in violation of the standards in the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q and which fall under the jurisdiction exercised by the Atlanta-region Transit Link "ATL" Authority or any predecessor authority as described in Article 2 of Chapter 39 of Title 50.
   3. "Transit agency" means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Atlanta-region Transit Link "ATL" Authority, or the Georgia Rail Passenger Authority.
   4. "Transit facilities" means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services.
   5. "Transit services" means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance.
2. 1. Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if a majority of the qualified voters residing within the special district to be taxed authorize such contract or tax by referendum in a special election which shall be called and conducted for that purpose by the election superintendent of such local government.
   2. 1. Any services provided in a county outside a nonattainment area by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan.
      2. Any services provided by a transit agency in a county within a nonattainment area pursuant to a contract authorized by this subsection and entered into on or after January 1, 2019, shall be for services:
         1. Approved by a local governing authority;
         2. Included in the regional transit plan adopted pursuant to Code Section 50-39-12; and
         3. Through agreement with the Atlanta-region Transit Link "ATL" Authority.
3. The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Atlanta-region Transit Link "ATL" Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution.

(Code 1981, §32-9-11, enacted by Ga. L. 1998, p. 888, § 1; Ga. L. 1999, p. 112, § 4; Ga. L. 2018, p. 377, § 4-1/HB 930.)

The 2018 amendment, effective May 3, 2018, added paragraph (a)(2); redesignated former paragraph (a)(2) as present paragraph (a)(3); substituted "Atlanta-region Transit Link 'ATL'" for "Georgia Regional Transportation" near the end of present paragraph (a)(3) and in the last sentence of subsection (c); redesignated former paragraphs (a)(3) and (a)(4) as present paragraphs (a)(4) and (a)(5), respectively; and substituted the present provisions of subsection (b) for the former provisions, which read: "Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special election which shall be called and conducted for that purpose by the election superintendent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan."