Georgia Transportation Bill In High Gear

On Monday, January 26, 1999, Governor Roy Barnes flexed his political muscle when he introduced into the Senate a bill creating the Georgia Regional Transportation Authority. Touted as the centerpiece of Barnes’ legislative agenda, the bill, SB 57, brought to the floor of the Senate by Senator Steve Thompson (D) Powder Springs, Senator Connie Stokes (D) Decatur, and Senator Charlie Tanksley (R) Marietta, was assigned to the Senate Transportation Committee.

Garnering support from both Democrats and Republicans, developers and environmentalists, the Georgia Regional Transportation Authority ("GRTA") would become the transportation planning umbrella over the Department of Transportation, the Atlanta Regional Commission and the 13-counties currently under scrutiny for noncompliance with the federal Clean Air Act. The three major points in the bill are: 1) the creation of a 15-member Georgia Regional Transportation Authority, each member appointed by the governor for a four-year term; 2) GRTA would be empowered to issue up to $2 billion in bonds to finance construction of mass transit and other transportation projects in the 13-county metro Atlanta region; and 3) as other metro regions, such as Macon, Augusta and Columbus, begin to develop serious air quality problems those regions would be eligible to be part of GRTA.

With about $900 million annually of federal transportation funds jeopardized by noncompliance with the Clean Air Act, GRTA leaves the designing of a transportation plan to the Atlanta Regional Commission, the Department of Transportation and the 13 counties and many municipalities in the region. GRTA will only step in if a conflict arises that precludes those bodies from coming together with a plan to assure the future growth of Georgia. Although GRTA could withhold funds for road improvements surrounding new development when local governments don’t comply with its recommendations, the county in which the development is planned can override GRTA decisions by a ¾ vote of the county commission.

Even talk of such an initiative a few years ago would have drawn outrage from areas outside of the Atlanta region. But more and more legislators understand that if we don’t address the air quality problem in the Atlanta region, all of Georgia will suffer from a decrease in jobs that feed the State tax coffers. In addition, if the air quality in and around Atlanta is not improved, the same problems Atlanta is experiencing will reach Columbus, Augusta and Macon in the next couple of years and will ultimately spread to Albany. In the meantime, Governor Barnes says that creation of GRTA will not threaten road projects in other parts of the State.

With surprising swiftness, Barnes’ plan for a transportation superagency won unanimous approval from the Senate Transportation Committee on Tuesday, February 2, and was approved by the Senate on Friday, February 5, 1999 and sent to the House for action.

The Senate Transportation Committee made only minor changes – all with the support of the Governor. With the changes, the Senate would have to confirm the Governor’s appointees to the new Georgia Regional Transportation Authority. Senator Steve Thompson, the Governor’s floor leader, assured lawmakers that Barnes plans to distribute membership throughout the State and incorporate people with expertise in transportation, the environment and planning. The amendments also clarified that education grants to counties – as well as state money for public safety and health – may not be withheld as penalties for rebuffing the authority’s directives.

Some worried that the authority could force MARTA deeper into the suburbs. Thompson guaranteed that GRTA can’t make those moves. He also said amendments approved Tuesday ensure that counties can override GRTA’s objections to major developments that affect traffic patterns (such as regional malls) without facing state sanctions.

But GRTA will have considerable leverage to force city and county governments to levy taxes to pay for regional solutions, from highway projects to mass transit. Counties that refuse to pay their share of projects GRTA endorses could lose all state grants except those going to public health and safety and to education.

Despite its easy move through the Georgia Senate, SB57 is likely to face stronger scrutiny in the House. At least one House Transportation Committee member said key questions about the omnibus bill still were unanswered after the hearing, especially among rural representatives worried about transportation funds being spent in the Atlanta region to the detriment of rural Georgia.

An unusual alliance of environmental and business groups, including the Sierra Club and the Regional Business Coalition, representing 11 suburban and urban chambers and more than 19,000 businesses, urged passage of the legislation.

This Bulletin presents information on legal matters of general interest and in summary form. It should not be construed as legal advice or opinion on specific matters. (February, 1999)

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