Georgia § 32-2-41 - 3. Georgia Freight Railroad Program; definition; eligible projects; reporting; funding.

§ 32-2-41. 3. Georgia Freight Railroad Program; definition; eligible projects; reporting; funding.

For purposes of this Code section, the term "short line railway" means any carrier designated as a Class III by the Surface Transportation Board. The Georgia Freight Railroad Program shall be administered, subject to appropriations, at the discretion of the commissioner, in order to enhance the state's investment in freight rail projects for public benefit and to support a safe and balanced transportation system for the state. Eligible projects under the Georgia Freight Railroad Program shall include rail enhancement projects to acquire, lease, or improve railways or railroad equipment, including rail crossings, rolling stock, rights of way, or rail facilities; rail preservation projects to acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease, or improve short line railways; and rail industrial projects to build, construct, restructure, or improve industrial access to railroad tracks and related facilities. In administering the program, the commissioner shall make every effort to balance such program among all regions of this state and among the various applicants. Following the end of each fiscal year, the commissioner or his or her designee shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and shall make such report available to the members of the General Assembly. Prior to the expenditure of state funds, the commissioner shall make a determination whether such expenditure is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI (a) of the Georgia Constitution. (Code 1981, § 32-2-41.3 , enacted by Ga. L. 2020, p. hb0820, § 1/HB 820; Ga. L. 2020, p. 817, § 1/SB 371.) Delayed effective date. - This Code section became effective January 1, 2021. Code Commission notes. - Pursuant to Code Section 28-9-5, in 2020, the enactment of subsection (c) of this Code section by Ga. L. 2020, p. 816, § 1/HB 820, was treated as impliedly repealed and superseded by Ga. L. 2020, p. 817, § 1/SB 371, due to irreconcilable conflict.