Senate Bill 200 ( revised July 10, 2009)

1. Senate Bill 200 (revised July 10, 2009)

2. Timeline Overview

3. Governing Authority of GDOT • Section 1 • Appoints new Director of Planning(DP) who leads the Division of Planning. • DP is formally made part of the Department.

4. State Transportation Board Per Diem Powers and Duties of State Transportation Board Section 3 • Board has General Control and Supervision of Department. • Designation of public roads on the state highway system • Approval of contracts and agreements • Approval of all long range plans and programs Section 2 • Language added: “No per diem shall be paid for meetings of the board conducted by conference call.”

5. Powers and Duties Section 4 • Defines: • State-wide strategic transportation plan (“SSTP”) • State-wide transportation improvement program (“STIP”) • Transportation improvement program (“TIP”) • Defines duties of DP and Planning Division • SSTP and STIP Approval flow: • Governor • GDOT Board* *CFR provisions for TIP approval require only MPO and Governor sign off. SB 200 is not intended to bypass federal planning process

6. Director and Division of Planning • Review and make TIP recommendations to Governor • Negotiate TIP changes with MPOs • Collaborate with GDOT on proposed projects and decide to adopt, remove or otherwise include them in GDOT planning documents • Develop state-wide strategic transportation plan and the state-wide transportation improvement program(STIP) • Develop annual capital construction project list (which must be included in TIPs and STIP • Issue Rules and Regulations to carry out its duties as needed* * Note: Rules & Regs must be approved by Senate & House Transportation Committees before promulgation.

7. Powers and Duties of Commissioner Section 5 • Defines one of Commissioner’s responsibility as: “…the faithful implementation of transportation plans produced by the director of planning and approved by the Governor and State Transportation Board...”

8. Powers and Duties of Commissioner Section 5 • Commissioner possesses all powers of GDOT except those reserved to Board or DP: • Can’t approve Bid Lets • Can’t approve lease agreements • Can’t exercise any of DP’s enumerated powers • Defines GDOT’s organizational structure, including the Planning Division • Expressly states that DP does not have authority over funds allocated for local grants

9. Section 7 and 8 Progress Reports & Plan Submittal

10. Statewide Strategic Transportation Plan • SSTP must: • include list of projects expected to begin construction within 4 year • Be developed with consideration of 10 listed “investment policies”

11. Appointment of Staff Section 8 • Deletes Board confirmation requirements for Deputy Commissioner, Chief Engineer, Treasurer and Assistant Treasurer • Raises the amount of the fidelity bond to $500,000 for the DP, Deputy Commissioner, and Treasurer • Currently $100,000 • Commissioner’s bond stays at $100,000

12. Appointment of DP Section 9 • Establishes the position of Director of Planning, who serves at the term and at the pleasure of the Governor • Defines DP’s responsibilities. • Statewide Strategic Plan • Statewide Transportation Improvement Program • Reports on benchmarking, VE Studies • Other comprehensive plans

13. Public-Private Partnerships P3 Section 10 • Requires GDOT to evaluate projects to determine appropriate levels of public & private project funding • List of potential projects to Board by July 31 of odd-numbered years. • Adds provisions prohibiting GDOT Board members, GDOT Commissioner, or other Constitutional Officers from going to work for, or lobbying on behalf of, GDOT contractors for one year after leaving GDOT • Prohibits delegating eminent domain to any private entity

14. Public-Private Partnerships • Deletes all existing PPI requirements, including current Evaluation Committee • Gives Board final approval over GDOT PPP contracts • Requires all PPPs to be done through solicited competitive proposals • Streamlines PPP code • PPP projects must be included in TIP and STIP

15. State Public Transportation Fund Priority of Expenditures Section 11 Amends Code Section 32-5-21. Only adds #5 below. • To pay the rental on lease contracts • To pay debt service • To pay the Dept.’s operating costs and for emergencies • To pay the costs necessary to comply with federal-aid apportionments to the state • As directed from time to time by appropriations Acts • After requirements have been met, remainder will be used on public roads

16. State Public Transportation Fund Section 12 • Planning Division allocates money to 3 programs: • State-wide transportation asset management program • State-wide transportation asset improvement program • Local maintenance and improvement grant program • All GDOT spending data must be posted on website

17. GRTA Powers and Duties Section 13 • Removes MPO transportation plan negotiation powers from GRTA and places them with the DP and GDOT • Governor may still delegate his TIP approval authority to GRTA

18. Draft Implementation of SB 200 - TIP and STIP Process - TIP STIP MPO TIP Development collaboratively with GDOT, transit agencies, counties, etc. PLANNING DIRECTOR amends STIP to include TIP without change GOVERNOR approves the TIP (GRTA for the Atlanta TIP) GOVERNOR approves the STIP GDOT BOARD approves the STIP MPO adopts TIP FHWA AND FTA approve the STIP PLANNING DIRECTOR negotiates changes on behalf of Governor and GDOT Conformity issues? FHWA AND FTA make Conformity Determination prior to inclusion of TIP in STIP STIP/TIP PROJECT SPONSOR Can apply for project funding as programmed Federal requirement State requirement

19. Success Can work only if Director of Planning, Commissioner and Board work together!!!!!