Title 50, Chapter 32, Section 10
( 50-32-10)
(a)(1) This chapter shall operate uniformly throughout the state. (2)(A) The initial jurisdiction of the authority for purposes of
this chapter shall encompass the territory of every county which
was designated by the United States Environmental Protection
Agency (USEPA) in the Code_of_Federal_Regulations as of December
31, 1998, as a county included in whole or in part within a
nonattainment area under the Clean Air Act and which the board
designates, through regulation, as a county having excess levels
of ozone, carbon monoxide, or particulate matter. (B) The jurisdiction of the authority for purposes of this
chapter shall also encompass the territory of every county
designated by the USEPA in the Code_of_Federal_Regulations after
December 31, 1998, as a county included in whole or in part
within a nonattainment area under the Clean Air Act and which
the board designates, through regulation, as a county having
excess levels of ozone, carbon monoxide, or particulate matter,
provided that the jurisdictional area encompassed under this
subparagraph shall be contiguous with the jurisdictional area
encompassed under subparagraph (A) of this paragraph. (b)(1) Within three months of May 6, 1999, the director of the
Environmental Protection Division shall report and certify to the
authority and the Governor, pursuant to criteria established by
that division, counties which are reasonably expected to become
nonattainment areas under the Clean Air Act within seven years
from the date of such report and certification, and shall update
such report and certification every six months thereafter. Within
the geographic territory of any county so designated, the board
shall provide, by resolution or regulation, that the funding,
planning, design, construction, contracting, leasing, and other
related facilities of the authority shall be made available to
county and local governments for the purpose of planning,
designing, constructing, operating, and maintaining land public
transportation systems and other land transportation projects, air
quality installations, and all facilities necessary and beneficial
thereto, and for the purpose of designing and implementing
designated metropolitan planning organizations' land
transportation plans and transportation improvement programs, on
such terms and conditions as may be agreed to between the
authority and such county or local governments. (2) By resolution of the county governing authority, the special
district created by this chapter encompassing the territory of any
county reported and certified pursuant to paragraph (1) of this
subsection may be activated for the purposes of this chapter, or
such county may be brought within the jurisdiction of the
authority by resolution of the governing authority. (3) The jurisdiction of the authority for purposes of this chapter
shall be extended to the territory of any county the territory of
which is not contiguous with the jurisdiction established by
subsection (a) of this Code section which is designated by the
USEPA in the Code_of_Federal_Regulations as a county included in
whole or in part within a nonattainment area under the Clean Air
Act and which the board designates, through regulation, as a
county having excess levels of ozone, carbon monoxide, or
particulate matter. Upon any such county or self-contiguous group
of counties coming within the jurisdiction of the authority, a
single member who shall reside within such additional territory
shall be added to the board, together with an additional member,
who may reside within or without such additional territory, for
each 200,000 persons above the number of 200,000 persons forming
the population of such additional territory according to the 1990
United States decennial census or any future such census. (c) Upon acquiring jurisdiction over the territory of any county,
the authority's jurisdiction over such territory shall continue
until 20 years have elapsed since the later of the date such county
was redesignated by the USEPA as in attainment under the Clean Air
Act or such designation by the USEPA is no longer made. (d)(1) Upon the lapse of the authority's jurisdiction over a
geographic area pursuant to the provisions of this Code section,
the authority shall have the power to enter into such contracts,
lease agreements, and other instruments necessary or convenient to
manage and dispose of real property and facilities owned or
operated by the authority within such geographic area, and shall
dispose of all such property not more than five years after the
lapse of such jurisdiction, but shall retain jurisdiction for the
purpose of operating and managing such property and facilities
until their final disposition. (2) The provisions of this subsection shall be implemented
consistent with the terms of such contracts, lease agreements, or
other instruments or agreements as may be necessary or required to
protect federal interests in assets purchased, leased, or
constructed utilizing federal funding in whole or in part, and the
authority is empowered to enter into such contracts, lease
agreements, or other instruments or agreements with appropriate
federal agencies or other representatives or instrumentalities of
the federal government from time to time as necessary to achieve
the purposes of this chapter and the protection of federal
interests. (e) Except for the purpose of reviewing proposed regional transportation plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport. |