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Government Affairs Task Force Bill Tracking 2019-2020 Legislative Session Below is a listing of filed bills the Council is actively involved with or that are of interest to Council Members, including their sponsor, location and bill analysis. If you click on the blue links for each piece of legislation, a copy of the legislation, as well as the vote count will be displayed. Words or phrases in red indicates an approved modification of the bill from its original version. If you have a specific question about a piece of legislation, contact Policy Analyst Kimberly Steele at KS@CouncilforQualityGrowth.org.

Legislation Property House Bill 302: Prohibit Local Governments from Enforcing Building Design Element Ordinances Sponsor: Rep. Vance Smith (R-Pine Mountain) House Committee: Repassed by (Sub) Agriculture and Consumer Affairs Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation prohibits local governments from adopting any regulations on "building design elements," including exterior building color, style of roof structures, and architectural styling of windows, types of foundation structures approved under state minimum standard codes as applied only to one-or two-family dwellings. Cities and counties would retain the ability to control building design elements in historic preservation districts, manufactured homes, private HOA covenant agreements and overlay districts. If there are more than two parcel owners, most of the parcel owners must reach a consensus on whether to approve or disapprove the establishment of an overlay district.

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Senate Bill 172: Prohibit Local Governments from Enforcing Building Design Element Ordinances Sponsor: Sen. John Wilkinson (R-Toccoa) House Committee: Senate Committee: Government Oversight STATUS: DID NOT CROSS OVER Summary: This legislation prohibits local governments from adopting any regulations on "building design elements," including exterior building color, style of roof structures, and architectural styling of windows, types of foundation structures approved under state minimum standard codes as applied only to one-or two-family dwellings. Cities and counties would retain the ability to control building design elements in historic preservation districts, manufactured homes, and private HOA covenant agreements. Further, while Home Rule in Georgia delegates zoning powers to local governments, the legislation also proposes a revised definition of "zoning" which specifically excludes the ability to regulate residential design elements. House Bill 388: Development Impact Fees & Affordable Housing Sponsor: Rep. Deborah Silcox (R-Sandy Springs) House Committee: Governmental Affairs Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would permit jurisdictions to waive impact fees on development projects that include affordable housing. Under current Georgia law, a municipality or county can only exempt all or part of particular development projects from development impact fees if: such project is determined to create extraordinary economic development and employment growth, or extraordinary affordable housing; the public policy that supports the exemption is contained in the local government’s comprehensive plan, or; exempt development project’s proportionate share of the system improvement is funded through a revenue source other than development impact fees. Council Position: Support House Bill 523: Prohibit Local Governments from Regulating Real Estate as Short-Term Rental Property Sponsor: Rep. Kasey Carpenter (R-Dalton) House Committee: Passed Regulated Industries; Rules Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would prohibit local governments from enacting bans on short-term rental properties.

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House Bill 777: Amending the State Minimum Standard Codes to Allow Tall Mass Timber Construction Types Sponsor: Rep. John Corbett House Committee: Passed by Substitute Senate Committee: Passed Agriculture & Consumer Affairs Summary: This legislation would amend the state minimum standard codes to allow tall mass timber construction types. Senate Bill 292: Repeal Local Governments Prohibiting the Use of Wood in Construction Sponsor: Senator Sally Harrell House Committee: Senate Committee: Agriculture & Consumer Affairs STATUS: DID NOT CROSS OVER Summary: This legislation would repeal local governments prohibition of the use of wood in construction. House Bill 749: Protection of Naturally Occurring Affordable Housing and Naturally Occurring Workforce Housing Sponsor: Rep. Josh McLaurin House Committee: Government Affairs Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would limit local governments participation in certain public-private partnerships within an area that would facilitate the destruction or redevelopment of national occurring affordable housing or workforce housing when: (1) proposed destruction or redevelopment is planned or estimated to reduce the per-square mile density of the residential population (2) proposed destruction or redevelopment is planned or estimated to reduce the per-square mile density of residential population living in rental units (3) the proposed destruction or redevelopment is planned or estimated to increase the average per person monthly rent for rental housing and (4) The proposed destruction or redevelopment would result in more than 25% of residents who would have to relocate out of the area in two subsequent years. The legislation also stipulates that if a local government obtains property which was primary used for the creation and/or preservation of naturally occurring affordable housing or naturally occurring workforce housing, the local government must maintain the use of property for naturally occurring affordable housing or naturally occurring workforce housing for a period of five years.

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The bill defines affordable housing as residential rental properties that are affordable to households making less than 60% of the median income of the county. The bill defines workhouse housing as residential rental properties that are affordable to households making between 60%-120% of the median income of the county.

Senate Bill 322: Development Impact Fees Sponsor: Senator Frank Ginn (R-Danielsville) House Committee: Senate Committee: Passed Senate by Substitute Summary: This legislation would permit jurisdictions to waive impact fees on development projects that include affordable housing. Under current Georgia law, a municipality or county can only exempt all or part of particular development projects from development impact fees if: such project is determined to create extraordinary economic development and employment growth, or extraordinary affordable housing; the public policy that supports the exemption is contained in the local government’s comprehensive plan, or; exempt development project’s proportionate share of the system improvement is funded through a revenue source other than development impact fees. Council Position: Support House Bill 837: Local Government Development Authorities Sponsor: Representative Chuck Martin (R-Alpharetta) House Committee: Ways & Means Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation stipulates a county development authority in which at least 95% percent of the land area of the county is incorporated must obtain approval of the county board of education or independent school system and the governing authority of any municipality to purchase or accept title to any real or personal property, undertake any projects, or grant any tax abatements. This provision would not be applicable to any development authority operating within a county with a consolidated or unified government. House Resolution 1023: Waive Sovereign Immunity Sponsor: Representative Andy Welch (R-McDonough) House Committee: Passed House by Substitute Senate Committee: Summary: This resolution would put a referendum on the statewide ballot asking whether to void sovereign immunity which bars Georgia residents from suing state courts. Senate Resolution 841: Waive Sovereign Immunity Sponsor: Senator John Kennedy (R-Macon) House Committee:

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Senate Committee: Passed Judiciary by Substitute; Rules Summary: This resolution would put a referendum on the statewide ballot asking whether to void sovereign immunity which bars Georgia residents from suing state courts. House Bill 937: Prohibit Local Governments from Enforcing Building Design Element Ordinances Sponsor: Representative Vance Smith (R-Pine Mountain) House Committee: Passed Agriculture & Consumer Affairs; Rules Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would prohibit local governments from prohibiting or limiting building products and construction practices if a building product, material or construction practice is approved for use for construction, renovation, repair of a single-family dwelling by the Georgia Department of Community Affairs. Cities and counties would retain the ability to control building design elements in historic preservation districts, manufactured homes, private HOA covenant agreements and overlay districts. House Resolution 933: Create House Study Committee on Homeowners’ Associations, Condominium Owners’ Associations, and Property Owners in Community Associations Sponsor: Representative William Boddie (D-East Point) House Committee: Passed Special Rules Senate Committee: Summary: This legislation would create a House Study Committee to examine how community could be better organized to implement transitions from declarants, developers, or other establishing entities to property owners comprising the community association. House Bill 898: Allow Local Governments to Consider the Effect of Zoning Action on Local School Systems Sponsor: Representative Mike Wilensky (D-Dunwoody) House Committee: Passed Governmental Affairs; Rules Senate Committee Summary: This legislation would permit local governments to include factor of the potential overcrowding of schools within a local school system in consideration of proposed zoning decisions. Senate Bill 404: Provide Development Impact Fees for Education Sponsor: Representative Greg Dolezal (R-Cumming) House Committee: Senate Committee: Passed Rules STATUS: DID NOT CROSS OVER

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Summary: This legislation would revised the Georgia Development Impact Fee Act to allow a high growth school system to impose, levy and collect educational development impact fees within any area of its school system which has had enrollment growth of at least 15 percent over the preceding five-year period. The bill defines ‘high growth school system’ as a school system that experienced an increase in the number of students enrolled in such school system of 15 percent or more over the immediately preceding five-year period; or Experienced an increase in

the number of students enrolled in such school system

of at least 10 percent over the immediately preceding four-year period and is projected over the following year to experience an increase in the number of enrolled students such that, at the end of the following year, the school system will be projected to have experienced an increase of 15 percent in the number of students enrolled over the immediately preceding five-year period. Senate Resolution 776: Constitutional Amendment; Development Impact Fees for Educational Purposes Sponsor: Representative Greg Dolezal (R-Cumming) House Committee: Senate Committee: Passed Rules STATUS: DID NOT CROSS OVER Summary: This legislation would proposed an amendment to the Constitution: Shall the Constitution of Georgia be amended to authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities? Transportation Senate Bill 24: Require Electric Personal Assistive Mobility Devices to be Licensed Under Motor Vehicle Law Sponsor: Sen. Donzella James (D-Atlanta) House Committee: Senate Committee: Public Safety STATUS: DID NOT CROSS OVER Summary: This legislation would require electric personal assistive mobility devices to be licensed under Georgia’s Motor Vehicle law. Senate Resolution 24: Urging the United States Congress to Amend the Allocation of Funds Collected Through Federal Motor Fuel Tax Sponsor: Sen. Brandon Beach (R-Alpharetta) House Committee:

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Senate Committee: Transportation STATUS: DID NOT CROSS OVER Summary: This resolution urges the United States Congress to amend the federal Highway Trust Fund allocation process to allow states to retain 10 cents of the 18.4 cents collected under the federal motor fuel tax for critical infrastructure projects. Senate Bill 82: Appointment of a Chief Innovation Officer for the Department of Transportation Sponsor: Sen. Brandon Beach (R-Alpharetta) House Committee: Senate Committee: Science & Technology STATUS: DID NOT CROSS OVER Summary: This legislation would authorize the Georgia DOT planning director to appoint a chief innovation officer. The chief innovation officer shall be responsible for the coordination and development of technology-based improvements and solutions to transportation needs. The chief innovation officer shall report findings and suggestions for technology advancements and possible partnerships with private entities to the director of planning for inclusion in the state-wide strategic transportation plan and state-wide transportation improvement plan. Senate Bill 131: Georgia Major Airport Authority Act Sponsor: Sen. Burt Jones (R-Jackson) House Committee: Passed (Sub) House; Conference Committee Senate Committee: Passed (Sub) Senate STATUS: DID NOT CROSS OVER Summary: On March 27 the language in Senate Bill 131 that passed the Senate chamber was completely removed from this legislation by the House Rules Committee. Senate Bill 131 now does the following things:

• Section I – Major Airport Legislative Oversight Committee o This Bill would create a legislative oversight committee with investigatory and

subpoena authority over 10 commercial airports in Georgia, including Hartsfield-Jackson Atlanta International Airport.

o This oversight structure would be similar to the Metropolitan Atlanta Rapid Transit Authority Oversight Committee (MARTOC).

o The Committee would be comprised of 12 members appointed in the following manner:

▪ House and Senate Transportation Committee Chairpersons; ▪ House and Senate Appropriations Committee Chairpersons; ▪ Four state representatives appointed by the Speaker of the House, two of

whom must reside in or adjacent to a county that has one of these airports overseen by this Committee;

▪ Four State Senators appointed by the Lieutenant Governor, two of whom

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must reside in or adjacent to a county that has one of these airports overseen by this Committee.

▪ The Chair of the Committee would be appointed by the Speaker of the House from among the appointed Committee members.

▪ The Vice-Chair of the Committee would be appointed by the Lieutenant Governor from among the appointed Committee members.

• Section II – Jet Fuel Tax Exemption o This section mirrors the language of House Bill 447:

▪ Extends the sunset on jet fuel tax exemption from June 30, 2019, to June 30, 2039.

▪ Assesses a $.005 tax on jet fuel distributors.

• Section III – Georgia Transit Investment Bill o This section mirrors the language of House Bill 511

▪ Create the Department of Mobility and Innovation to govern and coordinate transit services across the state. This governance structure employs the establishment of mobility zones and mobility managers.

▪ The department will absorb the functions related to the administration, implementation, or coordination of transit services and all federal and state funding relating to those functions that are currently assigned to the Department of Transportation, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and the Department of Community Health.

▪ Establishes a fee on ride-share services to be used for transit and transit projects as well as a pilot program for incentives to employers who provide a transit benefit to new employees.

▪ Extends the deadline for Cobb County to consider a Special Transit District pursuant to HB 930 (2018) from December 1, 2019 to December 1, 2021.

▪ Abolishes the Georgia Regional Transportation Authority and transfers employees of the authority to the department. The State Road and Tollway Authority will continue to perform the same functions, but will be administratively attached to the Department of Mobility and Innovation. Additionally, the Atlanta-region Transit Link (ATL) will also be administratively attached to the department.

• Section IV – GDOT 10-Year Plan Pursuant to House Bill 170 (2015) o Will require the Georgia Department of Transportation to specify projects and

expected expenditures for monies derived from hotel/motel taxes and heavy vehicle fees for approval by the legislature prior to the appropriations.

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House Bill 511: Georgia Transit Investment Bill Sponsor: Rep. Kevin Tanner (R-Dawsonville) House Committee: Passed House (Sub) Senate Committee: Passed Transportation (Sub) Summary: This legislation would clarify the definition of transit as it relates to the ATL Authority. In Section 2, the bill would reassign the ATL Authority from GRTA to GDOT. Also, the bill revises technical processes of the ATL Authority such as board selection, board vacancies and board terms. In Section 4, the bill would authorize the ATL to receive direct payments from GDOT instead of from DCA. In Section 5, the bill would require all transit serve providers within the ATL jurisdiction to utilize all ATL logo and branding as a prominent feature upon any property used for the purpose of transit by January 1, 2023. Council Position: Support House Resolution 935: Georgia Commission on Freight & Logistics Sponsor: Representative Kevin Tanner (R-Dawsonville) House Committee: Passed House Senate Committee: Passed Senate Transportation Committee; Rules Summary: The Georgia Commission on Freight & Logistics was established in 2019 with the task of developing a comprehensive, strategic business plan to promote state-wide freight and logistics infrastructure for this state to remain economically competitive. The commission found that further study is needed to consider unique and specific solutions for trucking, rail, and air cargo, including reducing the driving risks for truck driers and other motorists, expanding dedicated lanes for moving freight, and reducing traffic impacts in and out of the ports and around key metropolitan areas. The work of the commission is necessary to determine the best course of action regarding funding and policy development relating to freight and logistics through legislative and budgetary recommendations. The Commission would be composed of: Three members of the Senate appointed by the Lt. Governor, including the Chairman of the Senate Transportation Committee; Three members of the Georgia House of Representatives appointed by the Speaker of the House, including the Chairman of the House Transportation Committee; Three members each appointed by the Lt. Governor and the Speaker of the House who represent entities that provide freight and logistics services or whom have expertise in the operations of a major airport hub; or lead a major commodity shipper, major air shipping provider, or major manufacturing operation based in this state; Four members who each serve as a local government official, with two appointed by Lt. Governor and two appointed by the Speaker of the House; The executive director of the Georgia Municipal Association or his or her designee; The executive director of the Association County Commissioners of Georgia or his or her designee;

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The president or chairperson of the Georgia Chamber of Commerce; The president or chairperson of the Metro Atlanta Chamber of Commerce; The Commissioner of the Georgia Department of Transportation, ex officio; and The Executive Director of the Georgia Ports Authority, ex officio. The Speaker of the House and the Lt. Governor will each select a member to serve as co-chairpersons of the Commission. The Commission would issue its report on recommended policies regarding freight and logistics infrastructure projects by December 31, 2020. Council Position: Support House Bill 820: State Investment in Railways and Railroad Facilities Sponsor: Representative Kevin Tanner (R-Dawsonville) House Committee: Passed House Senate Committee: Transportation Summary: This legislation would create a new line item in the Georgia Department of Transportation’s budget for freight rail appropriations. The GA DOT Commissioner would administer the Georgia Freight Railroad Program. The Georgia Freight Railroad Program shall be composed of three subprograms as follows: (1) The Rail Enhancement Plan may acquire, lease or improve railways or railroad equipment, including rail crossings, rolling stock, rights of ways, or rail facilities; (2) The Rail Preservation Plan may acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease or improve short line railways; and (3) The Rail Industrial Plan may build, construct, restructure or improve industrial access to railroad tracks and related facilities. Following the end of the fiscal year, the GA DOT Commissioner shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, Lieutenant Governor and the Speaker of the House of Representatives and make the report public to members of the Georgia General Assembly. Council Position: Support Senate Bill 371: State Investment in Railways and Railroad Facilities Sponsor: Senator Steve Gooch (R-Dahlonega) House Committee: Senate Committee: Passed Transportation; Rules Summary: This legislation would create a new line item in the Georgia Department of Transportation’s budget for freight rail appropriations. The GA DOT Commissioner would administer the Georgia Freight Railroad Program. The Georgia Freight Railroad Program shall be composed of three subprograms as follows: (1) The Rail Enhancement Plan may acquire, lease or improve railways or railroad equipment, including rail crossings, rolling stock, rights of ways, or rail facilities; (2) The Rail Preservation Plan may acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease or improve short line railways; and (3) The Rail

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Industrial Plan may build, construct, restructure or improve industrial access to railroad tracks and related facilities. Following the end of the fiscal year, the GA DOT Commissioner shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, Lieutenant Governor and the Speaker of the House of Representatives and make the report public to members of the Georgia General Assembly. Council Position: Support Senate Bill 200: Georgia DOT; procedure for appealing the rejection of a contract bid House Committee: Passed Transportation Senate Committee: Passed Transportation Sponsor: Senator Steve Gooch Listed below are a few highlights of the legislation

• Summary: Create the Department of Mobility and Innovation to govern and coordinate transit services across the state. This governance structure employs the establishment of mobility zones and mobility managers.

o The department will absorb the functions related to the administration, implementation, or coordination of transit services and all federal and state funding relating to those functions that are currently assigned to the Department of Transportation, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and the Department of Community Health.

o Establishes a fee on ride-share services to be used for transit and transit projects as well as a pilot program for incentives to employers who provide a transit benefit to new employees.

o Extends the deadline for Cobb County to consider a Special Transit District pursuant to HB 930 (2018) from December 1, 2019 to December 1, 2021.

o Abolishes the Georgia Regional Transportation Authority and transfers employees of the authority to the department. The State Road and Tollway Authority will continue to perform the same functions, but will be administratively attached to the Department of Mobility and Innovation. Additionally, the Atlanta-region Transit Link (ATL) will also be administratively attached to the department.

Senate Resolution 793: Create the Joint Private Financing of Infrastructure Study Committee Sponsor: Senator Brandon Beach (R-Alpharetta) House Committee: Government Affairs Senate Committee: Rules Summary: This resolution would create the Joint Private Financing of Infrastructure Study Committee. The Joint Private Financing of Infrastructure Study Committee would examine methods to incentivize public-private partnerships in the timely procurement, design,

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construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, installation, and financing of infrastructure and public projects in Georgia. Economic Development House Bill 23: Authorize Electric Membership Corporations and their Affiliates to Provide Broadband Services Sponsor: Rep. Penny Houston (R-Nashville) House Committee: Passed House Senate Committee: Regulated Industries & Utilities STATUS: DID NOT CROSS OVER Summary: This legislation amends Title 46 of the Georgia Code to authorize electric membership corporations to provide and operate broadband services directly or indirectly through a contractual arrangement or through a broadband affiliate in rural areas. Also, the legislation authorizes certain financing and partnership for the provision of broadband services. Furthermore, the legislation prohibits the cross-subsidization between the provision of broadband services and an electric membership corporation’s natural gas activities or electricity services activities. House Bill 244: Electric Membership Corporations’ Rate Requirements for Attachments to Utility Poles by Communication Service Providers House Committee: Passed House Senate Committee: Summary: In order to promote the deployment of rural broadband services, this legislation would require electric membership corporations to charge nondiscriminatory, competitively neutral and commercially reasonable rates and fees for the attachment to utility poles by communication service providers under regulations adopted by the FCC. Senate Bill 45: “Rural Georgia Jobs and Growth Act” Sponsor: Sen. Brandon Beach (R-Alpharetta) House Committee: Senate Committee: Passed by (Sub) Economic Development and Tourism; Rules STATUS: DID NOT CROSS OVER Summary: This legislation provides for pari-mutuel horse racing in Georgia, regulated through the creation of a Georgia Horse Racing Commission. The Georgia Horse Racing Commission created within this legislation would have full legal authority over the pari-mutuel wagering on horse racing in Georgia, and consist of five (5) members appointed by the Governor. Commission members would be uncompensated and serve for four-year terms and must possess certain qualifications outlined in the legislation. Members would appoint a Chief Executive Officer, to be known as the Georgia Horse Racing

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Commissioner. Rules and regulations that must be promulgated by the Commission include: Require the existence of a contract between the licensed equestrian facility and the recognized majority horseman’s group providing for the payment purses and prizes on horse racing conducted by the licensee; and, Require licensed equestrian facilities to provide live races no less than 45 days per year. Pari-mutuel wagering may only occur on the grounds of the licensed equestrian facilities on the same parcel of property or property where there is a common entranceway for motor vehicles. Anyone under the age of 21 is prohibited from participating in pari-mutuel wagering. All equestrian facilities must obtain a license from the Commission. Licenses last for a term of 10 years. Equestrian facilities may operate 24 hours each day, including pari-mutuel wagering, hotel/hospitality operations, and sale and service of food. Only three equestrian facility licenses may be issued in Georgia, and no equestrian facility can be located within 125 miles of any other equestrian facility. The Commission must issue an RFP for equestrian facility licensees, subject to certain regulations contained within the legislation. Applicants for an equestrian facility license must comply with certain stipulations in the legislation, including disclosure of stakeholders and other officers. The Commission may assess a nonrefundable fee of up to $500,000 for each application. A licensed equestrian facility must be located within 50 miles of a major international airport with at least 5 runways, have a minimum investment of $250 million per equestrian facility and any other facility includes a minimum investment of $125 million, among other requirements. Any person holding a license to operate an equestrian facility in Georgia is also authorized to conduct pari-mutuel wagering on horse racing. Three-and-one-half percent (3.5%) of all live pari-mutuel wagering pools must be used by the Commission to fund education, health care needs, and rural development in Georgia. One-half percent (0.5%) of all live pari-mutuel wagering pools must be used for funding of state resources for the treatment of problem pari-mutuel wagering issues. Licensed equestrian facilities may only be constructed and operated in the county where the track is to be located has voted to approve the state-wide constitutional amendment referendum to allow for pari-mutuel wagering. If such county’s voters did not approve the state-wide constitutional referendum on pari-mutuel wagering, the Commission may still grant an initial license if the local governing authority approves a referendum OR a petition signed by one-percent (1%) or 1,000 people, whichever is less, of the qualified electors of the county or city is filed asking that a referendum be held on the question of pari-mutuel wagering. If a petition is submitted with the requisite number of signatures, a special election will be called for a public vote on the referendum.

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A local government in which a licensed equestrian facility is located would still be empowered to regulate zoning restrictions that are no more onerous than the requirements applicable to hotels and resorts within the jurisdiction, procurement of a local alcohol license that is no more restrictive than requirements applicable to hotels and resorts within the jurisdiction, and compliance with all local safety and fire codes that are nor more restrictive than requirements applicable to hotels and resorts. Local governments would not have the ability to restrict the hours of a licensed equestrian facility, nor would tobacco use regulations apply at a licensed equestrian facility. Senate Resolution 84: Constitutional Amendment to Allow Pari-Mutuel Wagering Sponsor: Sen. Brandon Beach (R-Alpharetta) House Committee: Senate Committee: Passed Economic Development & Tourism STATUS: DID NOT CROSS OVER Summary: This Resolution for a voter referendum on the authorization of pari-mutuel wagering in Georgia is the necessary Constitutional amendment component of Senate Bill 45.

Senate Resolution 184: Authorize Operation & Regulation of Limited Casino Gaming in Georgia Sponsor: Sen. Brandon Beach (R-Alpharetta) House Committee: Senate Committee: Regulated Industries & Utilities STATUS: DID NOT CROSS OVER Summary: This legislation would amend the Georgia Constitution to provide for the local authorization of a limited number of licensed destination resort facilities casino resorts within the state. The General Assembly shall appropriate all proceeds and revenues derived from the licensing, regulation, and taxation of casino gaming at licensed destination resort facilities in this state to educational programs and purposes, payment of operating expenses associated with the state’s designated regulatory body for casino gaming, and for programs for the prevention and treatment of compulsive and addictive gambling. The revenues and proceed derived from the licensing, regulation and taxation of casino gaming at licensed destination resort facilities. The revenues and proceed derived from licensing, regulation and taxation of casino gaming at licensed destination resort facilities shall be identified by the Governor in his or her annual budget presented to the General Assembly as a separate budget category entitled ‘Casino Gaming Proceeds’. The educational programs and educational purposes for which proceeds may be so appropriated shall include only tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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Shall the Constitution of Georgia be amended so as to preserve the long-term financial stability of the HOPE Scholarship program and to support other scholarship programs through net tax and licensing revenues generated by permitting the establishment of licensed destination resort facilities where casino gaming is permitted? Senate Resolution 821: Lotteries and Nonprofit Bingo Games; Sports Betting Sponsor: Senator Burt Jones (R-Jackson) House Committee: Senate Committee: Regulated Industries Summary: A resolution proposing an amendment to the Constitution of the State of Georgia to provide for sports betting in the state. House Bill 1073: Creation of Regional Development Authorities Sponsor: Representative Sam Watson (R – Moultrie) House Committee: Passed by Substitute in House Senate Committee: Summary: This legislation would permit a group of three o five contiguous counties to create a regional development authority. This legislation would permit regional development authorities to submit applications to Georgia Authority to grants for primary care medical facilities located within such regional authorities´ Finance/Taxes House Bill 200: Exempt Excise Tax on Hotel and Motel Rooms for Transportation Purposes; 501(c)(3) Nonprofit Organizations Sponsor: Rep. Don Hogan (R-St. Simon’s Island) House Committee: Ways & Means Senate Committee: Summary: This legislation would exempt excise tax for an individual renting or leasing a room who is employed by or on behalf of or is representing a 501(c)(3) nonprofit organization.

House Bill 294: Waive SPLOST Tax for Certain Sales of Uses of Building and Construction Materials Sponsor: Rep. Bonnie Rich (R-Suwanee) House Committee: Ways & Means Senate Committee: Summary: This legislation would amend Title 48 of the Georgia Code to not impose a special district transportation sales and use tax upon the sale or use of building and construction materials when the materials are purchased or used was advertised for bid prior to the voters’ approval of the levy of the tax and the contract was entered into as a result of a bid actually

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submitted in response to the advertisement prior to the voters’ approval of the levy of the tax. House Bill 451: Tax Credits for Rehabilitation of Historic Structures Sponsor: Rep. Houston Gaines (R-Athens) House Committee: Ways & Means Senate Committee: Summary: This legislation would amend Title 48 of the Georgia Code to increase the maximum tax credit for the rehabilitation of historic structures from $5 million to $7.5 million for each taxable year. If the project creates 200 or more full-time permanent jobs, or $5 million in annual payroll, the proposed legislation would increase credits from $10 million to $15 million for an individual historic structure. No rehabilitation of historic structure projects earning more than $500,000 in credits shall exceed in the aggregate of $40 million per calendar year. If in any calendar year the aggregate amount available is not full applied, allocated and uses, the balance of the unused aggregate amount shall increase the aggregate maximum for the subsequent calendar year. If the credit in any taxable year exceed the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of (1) the full amount of the excess is uses or 92) the expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. An applicant seeking to claim a tax credit shall submit an application to the Department of Community Affairs. At the time of application, an applicant shall either own the real property for which said tax credit is to be claimed or be a party to a written purchase contract, written option contract, written lease-purchase contract or written lease having a term of more than 40 years. The Department of Community Affairs is authorized to share information that is necessary to enforce the provisions. Any information shared shall be considered confidential and privileged information. Any person who divulges any confidential information shall be subject to the same criminal penalties. The legislation would become effective on January 1, 2021. The Code section would be repealed by operation of law on July 1, 2028.

House Bill 494: Tax Credits for Rehabilitation of Historic Structures Sponsor: Rep. Debbie Buckner (D-Junction City) House Committee: Ways & Means Senate Committee: Summary: This legislation would amend Title 48 to authorize rehabilitation of historic structure projects earning more than $500,000.00 in credits shall not exceed the aggregate of $50 million per calendar year. If in any calendar year the aggregate amount available is not fully applied, allocated and used, the balance of the unused aggregate amount shall increase the aggregate maximum of the subsequent calendar year by such balance. If the credit allowed in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for the succeeding ten years.

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Senate Bill 302: Require Independent Economic Analyses on Tax-Incentive Programs Sponsor: Senator John Albers (R-Alpharetta) House Committee: Ways & Means Senate Committee: Passed Senate by Substitute Summary: The legislation would require the Office of Planning & Budget to contract with independent auditors to review up to five tax-incentive programs each year to determine economic impact. House Bill 1037: Revised the Georgia Entertainment Industry Investment Act Sponsor: Representative Matt Dollar (R-Marietta) House Committee: Passed by Substitute in House Senate Committee: Summary: The legislation would require film productions to undergo mandatory audits of expenditures to make sure they are eligible for tax credits. Environmental House Bill 49: Water Conservation Management Plan & Interbasin Transfers Relative to Metropolitan North Georgia Water Planning District Sponsor: Rep. Marc Morris (R-Cumming) House Committee: Natural Resources & Environment Senate Committee: STATUS: DID NOT CROSS OVER Summary: The legislation amends Title 12 to permit the Metropolitan North Georgia Water Planning District to study or include the possibility of interbasin water transfers from a river with an annual average flow of at least 15 billion gallons per day in Metropolitan North Georgia Water Planning District’s conservation management plans. House Bill 422: County and Municipal Governing Authorities to Approve Erosion and Sediment Control Plans Sponsor: Rep. Timothy Barr (R-Lawrenceville) House Committee: Natural Resources & Environment Senate Committee: STATUS: DID NOT CROSS OVER Summary: Current law requires that erosion and sediment control plans be approved by the relevant Soil and Water Conservation District. This legislation allows, as an alternative to going through a Soil and Water Conservation District, a city or county to use a licensed professional engineer to approve such erosion and sediment control plans. Senate Bill 445: Water & Water Sewer Authorities to Designated as Local Issuing Authorities for LDP Permits

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Sponsor: Senator John Kennedy (R-Macon) House Committee: Passed Natural Resources & Environment Senate Committee: Summary: This legislation would allow any water or water and sewer authority that is responsible for storm-water management to be designated as local issuing authorities for land-disturbing permits. Other Legislation House Bill 24: Members of State and Local Boards, Authorities, Commissions Shall be Appointed by an Elected Official Sponsor: Rep. Vernon Jones (D-Lithonia) House Committee: Passed by (Sub) Governmental Affairs Senate Committee: Summary: This legislation amends the Georgia Code by mandating that all members of state and local boards, authorities, commissions and similar entities must be appointed by an elected official, state official or a political subdivision of the state. House Bill 34: Taxpaying Business Owners to be Appointed to Development Authorities Sponsor: Rep. Rhonda Burnough (D-Riverdale) House Committee: Passed (Sub) Governmental Affairs Senate Committee: Summary: The legislation amends the Georgia Code to permit taxpaying business owners to be appointed as development authority directors. Currently, the law only authorizes residents to be appointed to serve as development authorities directors. The legislation also lays out the general operating procedures for the removal of directors. A director may be removed by a development authority for cause, which shall include, but shall not be limited to neglect of duties, incompetence, and failure to meet the residency requirements. The director shall be notified for the reasons for his or her removal 30 days prior to a hearing on the matter. Upon the hearing, if the applicable authority finds a preponderance of evidence that good cause for the removal of the director exists, the governing authority shall be empowered to remove the director.

House Bill 177: Actions Arising from the Burial of Construction Waste/Materials Sponsor: Rep. Michael Caldwell (R-Woodstock) House Committee: Judiciary Senate Committee: Summary: Under current law, all civil actions for trespass upon or damage to real property must be brought within four years after the right of action accrues (commonly known as the “statute of

Last Updated 3.6.2020

limitations”). This bill carves out a separate provision for when the trespass is due to the burying of construction waste or materials by an unauthorized third party. The “statute of limitations” begins to accrue when the trespass or damage due to the burying of construction waste or materials is (a) discovered, or (b) should have been discovered in the exercise of reasonable diligence. A civil action must be brought within two years following the discovery of such trespass or damage. If suit is brought within eight years of substantial completion of the improvement by which the construction material was buried, then the standard of proof is by preponderance of the evidence. If suit is brought after eight years of substantial completion of the improvement by which the construction material was buried, then the standard of proof is by clear and convincing evidence. This legislative carve-out for trespass or property damage by virtue of a third-party burying construction waste or materials empowers harmed property owners, despite appearing to shorten the statute of limitations. Currently, suits of this nature are limited to four years following the event of the trespass or damage; in essence, a trespasser can bury construction waste on another’s property and hope it isn’t discovered for four years. This legislation replaces the occasion of the actual event with discovery or reasonable discovery by the property owner; therefore, essentially guaranteeing the property owner knowledge of the trespass and providing two years to decide whether to pursue legal action. House Bill 790: Structural Engineer Licensure (PE, SE) Sponsor: Representative Vance Smith (R-Pine Mountain) House Committee: Regulated Industries Senate Committee: Summary: This legislation would establish a new PE, SE Structural Engineer license Council Position: SUPPORT Senate Bill 310: Structural Engineer Licensure (PE, SE) Sponsor: Representative Tyler Harper House Committee: Regulated Industries and Utilities Senate Committee: Passed by Substitute Summary: This legislation would establish a new PE, SE Structural Engineer license Council Position: SUPPORT