Title 32, Chapter 9, Section 2
(a) As used in this Code section, the term:
(1) "Capital project" has the same meaning as in 49 U.S.C.A.
(2) "Construction" means the supervising, inspecting, actual
building, and all expenses incidental to the acquisition, actual
building, or reconstruction of facilities and equipment for use in
mass transportation, including designing, engineering, locating,
surveying, mapping, and acquisition of rights of way.
(3) "Mass transportation" means all modes of transportation
serving the general public which are appropriate, in the judgment
of the department, to transport people, commodities, or freight by
highways, rail, air, water, or other conveyance, exclusive of
wires and pipelines.
(b) Subject to general appropriations for such purposes, the
department may, alone or in cooperation with counties,
municipalities, authorities, state agencies, or private or public
transit companies, plan, develop, supervise, support, own, lease,
maintain, and operate mass transportation facilities or systems.
(c)(1) The department may, when funds are available from the
United States government for such purposes, provide assistance to
the operators of mass transportation systems or to the owners of
facilities used in connection therewith for the payment of
operating expenses to improve or to continue such mass
transportation service by operation, lease, contract, or
(2) The department may, when funds are available from the United
States government for such purposes, participate in the
acquisition, construction, and improvement of facilities and
equipment, including capital projects, for use, by operation or
lease or otherwise, in mass transportation service.
(3) The department's participation with state funds in those
programs specified in paragraphs (1) and (2) of this subsection
may be in either cash, products, or in-kind services. The
department's participation with state funds shall be limited to a
maximum of 10 percent of the cost of the program. The remainder
shall be provided from sources other than department funds or from
revenues from the operation of public mass transportation systems.
(d) The department shall not enter into any contract with any
private entity for the purposes set out in subsections (b) and (c)
of this Code section without the prior concurrence of the State
(e) Funds appropriated to the department pursuant to Article III,
Section IX, Paragraph VI(b) of the Constitution of Georgia may not
be utilized for any of the purposes set out in this Code section.
(f) In order to effectuate and enforce this Code section, the
department is authorized to promulgate necessary rules and
regulations and to prescribe conditions and procedures in order to
assure compliance in carrying out the purposes of this Code section.
(g) The department shall not be authorized, without the concurrence
of the Metropolitan Atlanta Rapid Transit Authority, to receive
federal financial assistance to provide mass transportation services
or facilities that will duplicate those mass transportation services
or facilities provided or to be provided by the Metropolitan Atlanta
Rapid Transit Authority, within the City of Atlanta and Fulton and
DeKalb counties, as a part of its rapid transit system, including
the use of buses as well as a rail system, as that system is
described in an engineering report, dated September 1971, prepared
for the Metropolitan Atlanta Rapid Transit Authority by
Parsons-Brinckerhoff-Tudor-Bechtel, general engineering consultants,
and adopted as part of the Rapid Transit Contract and Assistance
Agreement, dated September 1, 1971, between the Metropolitan Atlanta
Rapid Transit Authority, the City of Atlanta, Fulton County,
Georgia, and DeKalb County, Georgia.