Senate Bill 200(revised July 10, 2009)

1

2

Timeline Overview

2/19/09 2/20/09 3/27/09 4/3/09 5/11/09 6/18/09Governor announced Transforming Transportation Investment Act bill

SB 200 introduced in Senate

SB 200 rewritten as a House Trans. Committee substitute

Modified SB 200 passed General Assembly

Governor signed bill effective this date

New DP AppointedBy Governor*(awaits confirmation)

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.

Section 2 Language added: “No per diem shall be paid for

meetings of the board conducted by conference call.”

State Transportation Board Per Diem

4

Powers and Dutiesof 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 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:

1. Governor2. GDOT Board**CFR provisions for TIP approval require only MPO and Governor

sign off.SB 200 is not intended to bypass federal planning process

Powers and Duties

5

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.

Director and Division of Planning

6

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...”

Powers and Duties of Commissioner

7

Section 5 Commissioner possesses all powers of

GDOT except those reserved to Board or DP:Can’t approve Bid LetsCan’t approve lease agreementsCan’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

Powers and Duties of Commissioner

8

9

Subject Description Schedule From To

PPPReport - Projects that afford greatest gains in congestion mitigation or economic development

7/31/09 and each odd year thereafter Commissioner GDOT Board

SSTP Report – Progress Report of SSTP 10/15/09 Director PlanningGovernor, Lt Gov,

Speaker, and House and Senate Transportation

Committee Chairpersons

SSTP Plan - Provide draft SSTP for comments and suggestions By 12/31/09 Director Planning

General Assembly and

Governor

SSTP Plan - Return draft SSTP with comments and suggestions By 2/15/10

Governor and House and Senate

Transportation Committee

Chairpersons

Director Planning

SSTP Plan – Submit final SSTP 4/10/10 and every 2 years thereafter Director Planning

Governor, Lt Gov, Speaker, and House and Senate Transportation

Committee Chairpersons

SSTP Report – Progress on SSTP projects and programs Semi annually Director Planning

Governor, Lt Gov, Speaker, and House and Senate Transportation

Committee Chairpersons

Major projects Report - Progress on projects >$10 million against benchmarks by DP Semi annually Director Planning

Governor, Lt Gov, Speaker, and House and Senate Transportation

Committee Chairpersons

VE Studies Report - Savings achieved due to VE studies Annually Director Planning

Governor, Lt Gov, Speaker, and House and Senate Transportation

Committee Chairpersons

Section 7 and 8 Progress Reports & Plan Submittal

SSTP must:include list of projects expected to begin

construction within 4 yearBe developed with consideration of 10

listed “investment policies”

Statewide Strategic Transportation Plan

10

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 TreasurerCurrently $100,000

Commissioner’s bond stays at $100,000

Appointment of Staff

11

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 PlanStatewide Transportation Improvement

ProgramReports on benchmarking, VE StudiesOther comprehensive plans

Appointment of DP

12

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

Public-Private Partnerships P3

13

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

Public-Private Partnerships

14

Section 11 Amends Code Section 32-5-21. Only adds #5 below.

1. To pay the rental on lease contracts2. To pay debt service3. To pay the Dept.’s operating costs and for emergencies4. To pay the costs necessary to comply with federal-aid

apportionments to the state5. As directed from time to time by appropriations

Acts6. After requirements have been met, remainder will be

used on public roads

State Public Transportation Fund Priority of Expenditures

15

Section 12 Planning Division allocates money to 3

programs:State-wide transportation asset

management program State-wide transportation asset

improvement programLocal maintenance and improvement

grant program All GDOT spending data must be posted

on website

State Public Transportation Fund

16

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

GRTA Powers and Duties

17

18

FHWA AND FTA make Conformity

Determination prior to inclusion of TIP in STIP

Federal requirement

State requirement

Draft Implementation of SB 200

- TIP and STIP Process - TIP STIP

Conformity issues?

PLANNING DIRECTORnegotiates

changes on behalf of

Governor and GDOT

PLANNING DIRECTOR

amends STIP to include TIP

without change

MPOTIP

Development collaboratively

with GDOT, transit

agencies, counties, etc.

MPO adopts TIP

GOVERNOR approves the

TIP (GRTA for the

Atlanta TIP)

GOVERNOR approves the

STIP

STIP/TIP PROJECT SPONSOR

Can apply for project funding as

programmed

GDOT BOARD

approves the STIP

FHWA AND FTA approve

the STIP

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

Success

19