This week we are entering the final week of the 157^th Session of the Georgia General Assembly. We have tracked just under 50 bills this session, including the only bill the legislature is constitutionally required to pass: the budget.

The full fiscal year 2024 budget, beginning July 1 of this year, has become a point of contention between the House and the Senate this session and has even prompted rumors of a special session to finish the drill. The Senate version included some major, across-the-board reductions to programs that took some in the lobbying corps by surprise, including a $105 million cut to the University System of Georgia’s overall budget. These cuts follow revenue projection reductions for FY 2024 by the state’s chief economist. Despite this, the Senate version of the budget also included some positive initiatives, including raises for public safety personnel, public education staff, and a recommendation to fully fund the HOPE scholarship at 100% (previously, the House version of the budget cut the Governor’s 100% funding recommendation to 95%). Further, the Senate recommended $1,007,895 for the PELS Board which is a roughly $70,000 reduction from the House’s proposal of $1,078,040. After the budget passed the Senate on Thursday, the House disagreed to the Senate’s version of the bill and a “conference committee”—a group of 3 legislators from each chamber—was appointed to reconcile the differences. We have met with, and continue to meet with, conferees on the budget recommendation for the PELS Board.

Last week, the Senate passed their version of HB 189 by Representative Steven Meeks, the truck weights bill—which differs significantly from the House version. While the newest iteration preserves the 10% variance on the 80,000 pound weight limit for heavy duty trucks carrying agricultural products on state and local roads, the Senate version ensures all agricultural outputs are included in that exemption, such as timber and forestry products. Further, the Senate version, which passed by a vote of 44 to 5, includes a sunset for the variance scheduled for July of 2024 and exempts metro area counties from the variance increase. During Thursday’s debate on the Senate floor, Senator and Chairman of the Transportation Committee Greg Dolezal spoke at length about the need to fund the growing freight and logistics network in the state of Georgia through innovative methods, including user and industry fees. He also stated that allowing the House version to pass as it was would not incentivize the House to start a conversation about funding mechanisms, as he sees this issue being a catalyst for large scale freight and logistics funding. This bill will likely be disagreed to by the House today and will go to a conference committee.

It is the time of session where some legislation we have followed begins to take on completely different forms. For instance, Senate Resolution 214 by Senator Frank Ginn, which we have reported on previously, began as a joint study committee resolution to address the current Local Option Sales Tax structure that sometimes exposes tension between municipalities and counties. This resolution is now a joint resolution to allow for a nomination and election by the General Assembly for the chairperson of the State Elections Board. While there will not be a joint study committee on LOST, SR 147 by Senator Derek Mallow (D-Savannah) does create a Senate-only study committee on Local Option Sales Tax, which has made the Senate Rules calendar for the final days of session, so there will still likely be a study committee on LOST.

Finally, HB 514 by Representative Dale Washburn, which proposes to limit moratoriums on single and multi-family construction has made the Senate Rules calendar for legislative days 39/40 (the Senate Rules Committee traditionally sets a two-day calendar for LDs 39 and 40 instead of its usual one-day calendar for all preceding legislative days). This legislation was amended in the Senate Economic Development Committee to include multi-family housing so once it passes the Senate, it will need to be agreed upon by the House before it will be considered eligible for the Governor’s signature.

The week ahead:

It’s the last week of the session! Today is Legislative Day 39 and Wednesday will be Legislative Day 40, also known as Sine Die. We expect a late night Wednesday!

LEGISLATION ACEC GEORGIA IS FOLLOWING 

When reviewing the legislation below, please note that the Rules Committee and Rules Calendar are different. Both chambers have a Rules Committee and these committees are charged with setting the Rules Calendar—the list of bills eligible to be debated and voted on by that chamber. When a bill has been placed on the Rules Calendar it’s considered “on the floor”. If a bill is in Rules, that means it is still in the Rules Committee in its respective chamber and hasn’t been added to the list of bills for that chamber to vote on.

BILLS THAT MADE THE CROSSOVER DAY DEADLINE

AND ARE STILL ELIGIBLE FOR CONSIDERATION THIS SESSION

Budget & Appropriations 

HB 18 by Representative Jon Burns (R-Newington): is the amended FY 2023 budget which modifies the state’s spending plan for the last 90 days of the current fiscal year ending on June 30th. It allocates $300,000 to the PELS Board for start-up costs.  

Status: Passed the House Appropriations Committee on February 1st. Passed the House by a vote of 170-1 on February 2nd. Passed the Senate Appropriations Committee on February 21st. Passed the Senate 54-1. A conference committee made up of three Senators and three Representatives created a report, that reconciled differences between the House and Senate versions of the amended budget. That report was adopted on March 6th by both chambers. The Governor has signed this legislation and allocation will begin April 1, 2023 or as soon as practical.

ACEC Georgia is monitoring this legislation

HB 19 by Representative Jon Burns (R-Newington): is the full FY 2024 budget. The Governor originally recommended $1,027,895 for the PELS Board for the fiscal year beginning July 1. The House version of the budget recommended $1,078,040 for the PELS Board. The Senate version recommends $1,007,895. This bill is now being considered by a conference committee made up of three Senators and three Representatives.  

Status: Passed the House Appropriations Committee on March 8th. Passed the House 167-1. Passed the Senate Appropriations Committee. Passed the Senate 51-1. A conference committee has been appointed.

ACEC Georgia is monitoring this legislation

Industry & Professions 

HB 128 by Representative Soo Hong (R-Lawrenceville): would revise provisions relating to minority, women owned, and veteran owned businesses procuring or involved in the procurement of state contracts. The bill defines these types of qualified “classified” businesses and would expand the 10% tax deductions for payments to these small business subcontractors to all classified businesses. This proposal also aims to standardize and expedite the process of obtaining minority, women, or veteran owned business credentials by allowing the state to accept credentials from the federal government.

Status: Passed the House State Planning & Community Affairs Committee; passed the House 160-3. Passed the Senate Economic Development & Tourism Committee.

ACEC Georgia supports this legislation

HB 530 by Representative James Burchett (R-Waycross): is the House’s version of the Apex doctrine legislation. It aims to curtail the ability of a plaintiff to depose a c-suite executive who has no special or specific knowledge of the facts pertaining to a suit against his/her company.

Status: Passed the House Judiciary Committee. Passed the House 156 to 8. Passed the Senate Regulated Industries & Utilities Committee. This bill has made the final Senate Rules Calendar.

ACEC Georgia supports this legislation

SB 3 by Senator John Albers (R-Roswell): "Reducing Barriers to State Employment Act of 2023". This proposal would direct all state entities to regularly assess the relevant academic background and experience requirements needed for each position within their agency, reduce those requirements which are arduous and unnecessary, and reduce the number of positions for which four-year college degrees are required as a condition of employment.

Status: Passed the Senate Government Oversight Committee. Passed the Senate by a vote of 49 to 1. Passed the House Governmental Affairs Committee. Passed the House 168-0. Now eligible for the Governor’s signature.

ACEC Georgia supports this legislation

SB 157 by Senator Brian Strickland (R-McDonough): proposes several changes relating to the application process for occupational licenses in Georgia by individuals with criminal records. This bill clarifies what types of crimes would disqualify an individual from receiving a license, creates an appeals process for an individual who may have been denied a license based on their criminal record or other unknown or undisclosed reason, and creates a “preclearance” process for determining whether an individual's criminal record will disqualify them from obtaining a license before paying and completing required education and training for that license. This bill aims to decrease regulatory burdens and streamline burdensome and onerous licensing processes.

Status: Passed the Senate Judiciary Committee. Passed the Senate by a vote of 55-0. Passed the House Judiciary Non-Civil Committee. Now in the House Rules Committee.

ACEC Georgia supports this legislation

SB 195 by Senator Larry Walker (R-Perry): the original proposal would create a licensure by endorsement process for out-of-state applicants who possess a valid license for a profession and who apply for a Georgia license for that profession; however, this has been narrowed down to only active-duty military and their spouses. The provisions require that license applicants have a valid license that is in good standing, have no complaints or pending complaints, have had the license for at least one year, do not have a disqualifying criminal record, pass any required examination on state-specific rules & regs, and pays all applicable fees. This bill would also create a shot clock of 30 days for a board to issue an expedited license by endorsement.

Status: Passed the Senate Veterans, Military, & Homeland Security Committee. This bill passed the Senate with a vote of 54-0. Passed the House Regulated Industries Committee. Is now in the House Rules Committee.

ACEC Georgia is monitoring this legislation

SR 85 by Senator Larry Walker (R-Perry): would create a Senate study committee on occupational licenses. If the Senate were to vote to create this study committee, during the session interim, the committee would be tasked with reviewing occupational licenses and requirements for receiving these licenses.

Status: Passed the Senate Rules Committee; the LG sent out a press release endorsing this study committee. Made the Senate “consent calendar”, which is a group of resolutions placed on one calendar and voted on as a whole.

ACEC Georgia is monitoring this legislation

SR 275 by Senator John Albers (R – Roswell) sponsored the Senate Study Committee on Expanding Georgia’s Workforce, which will examine current practices, pilot programs, private-public partnerships, and initiatives by industries across Georgia to increase workforce opportunities.

Status: Assigned to the Senate Rules Committee; made the Senate “consent calendar”

ACEC Georgia is monitoring this legislation

Transportation 

HB 52 by Representative Brad Thomas (R-Woodstock): is last year’s annual GDOT housekeeping bill and proposes to revise meeting notice provisions for the election of board members for the Department of Transportation as well as clarify other provisions regarding public-private partnership negotiations and exempt some records from public disclosure requirements. This bill was amended to include a separate provision that relates to the duties of coroners and county medical examiners regarding major interstate highway deaths, as well as increase the modular home transportation square footage limit by 4 feet to align with neighboring states’ restrictions.

Status: Passed the House Transportation Committee on January 30th. The House voted in favor of this bill, by a vote of 167 to 0. This bill has passed the Senate Transportation Committee. Passed the Senate with an amendment by a vote of 53 to 1 on Feb 22. This bill will require an “agree” by vote by the House before it can be considered eligible for the Governor’s signature.

ACEC Georgia supports this legislation

HB 189 by Representative Steven Meeks (R-Screven): this bill, after undergoing several (4) modifications, now proposes to add a 10% variance on top of the 80,000-pound truck weight limit and would only apply to trucks carrying agricultural products and other agricultural commodities, such as forestry outputs. The Senate version now includes a sunset of July 2024 and exempts metro area counties from allowing these types of heavy duty trucks on their roads. This will likely go to a conference committee to create a compromise bill.

Status: Passed the House Transportation Committee on February 9^th by a vote of 18 to 11. This bill was recommitted to the House Transportation Committee by the House Rules Committee chairman. It was amended in committee to create a 12.5% variance exemption for trucks carrying agricultural products only and received a do pass recommendation from the committee by a vote of 12-7. Amended again to reduce the variance to 10% for agricultural products only. Passed the House by a vote of 93-81. Passed the Senate Transportation Committee. The committee held a hearing only meeting on March 14th on this bill, where there is another change to add back forestry products, turf, and other agricultural commodities. Passed the full Senate chamber with a sunset and metro-area exemption on March 23 by a vote of 44 to 5. Will likely go to a conference committee.  

ACEC Georgia is monitoring this legislation.

HB 288 by Representative Butch Parrish (R-Swainsboro): proposes to create an East Georgia Regional Airport Authority Act for the expansion of airport facilities in the City of Swainsboro and Emanuel County.

Status: Passed the House Intragovernmental Coordination Committee. Passed the House by a vote of 162-2. Passed the Senate Transportation Committee. Passed the Senate 49-0. Now eligible for the Governor’s signature.

ACEC Georgia is monitoring this legislation

HB 406 by Representative Rick Jasperse (R-Jasper): is a proposal that combines four of the recommendations from the Joint Study Committee on the Electrification of Transportation. These recommendations include: vesting oversight and inspection powers over electric vehicle charging stations in the Agriculture Commissioner to ensure uniformity and proper maintenance; allowing the existing motor fuel excise tax to be levied on electricity used to charge vehicles (by creating a kilowatt “gallonage equivalent”); allows the sale of electricity by the kilowatt hour. SB 146 by Senator Steve Gooch is the Senate companion bill.

Status: Passed out of the House Technology and Infrastructure Innovation Committee. Passed the House, 161-0; passed the Senate Regulated Industries Committee. This bill is on the final Senate Rules Calendar.

ACEC Georgia is monitoring this legislation

HR 140 by Representative Viola Davis (D-Stone Mountain): is an urging resolution asking MARTA to reaffirm its commitment to extending its rail system alongside Interstate 20 in south DeKalb County. Urging resolutions are nonbinding, but if passed, they do provide a powerful nudge towards specific state entities to conduct whatever the resolution encourages the entity to do.  

Status: Assigned to the House Transportation Committee. This resolution was introduced on February 8th, but has not yet received a hearing and will not be considered this session.

ACEC Georgia is monitoring this legislation

SB 146 by Senator Steve Gooch (R-Dahlonega): is a proposal that combines four of the recommendations from the Joint Study Committee on the Electrification of Transportation. These recommendations include: vesting oversight and inspection powers over electric vehicle charging stations in the Agriculture Commissioner to ensure uniformity and proper maintenance; allowing the existing motor fuel excise tax to be levied on electricity used to charge vehicles (by creating a kilowatt “gallonage equivalent”); allows the sale of electricity by the kilowatt hour. This is the Senate companion to HB 406 (above)

Status: Passed the Senate Regulated Industries & Utilities Committee; passed the Senate 55-1. Passed the House Technology & Infrastructure Innovation Committee. Currently in House Rules.

ACEC Georgia is monitoring this legislation

SR 137 by Senator Randy Robertson (R-Cataula): urges EMCs and localities to develop competitively neutral tariffs for providing electricity for the use of charging vehicles. This legislation is no longer eligible for consideration this session.

Status: Assigned to the Senate Regulated Industries & Utilities Committee

ACEC Georgia is monitoring this legislation

Water & Environmental 

HB 206 by Representative Steven Sainz (R-St. Marys): would create Commercial Property Assessed Conservation, Energy, and Resiliency Development Authorities and would allow some qualifying entities to pay for qualifying energy efficiency and renewable energy improvements through commercial property-assessed clean energy (C-PACE) financing options.

Status: Passed the House Governmental Affairs Committee; passed the House 134-38. Assigned to the Senate State & Local Governmental Operations Committee, which held a hearing on the bill on March 16th but no vote was taken. This legislation is no longer eligible for consideration this session.

ACEC Georgia is monitoring this legislation

HB 306 by Representative Tim Fleming (R-Covington): the original version of this legislation would have allowed energy cost savings measures, which include facility alterations, retrofitting, renovation, or new construction that reduces energy or water consumption or is designed to generate revenue, to be excluded from competitive bidding processes. The problematic provision regarding the exemption from competitive bid processes has been removed.

Status: Passed out of the House Governmental Affairs Committee by substitute (i.e, it was amended by the committee); passed the House 170-1. Passed the Senate Education & Youth Committee. Did not make the final Rules calendar and is no longer eligible for consideration this session.

ACEC Georgia is monitoring this legislation

Local Government 

HB 160 by Representative Gerald Greene (R-Cuthbert): proposes to create a community improvement district in the city of Albany.

Status: Passed the House Intragovernmental Coordination Committee. The House passed this bill by a vote of 166 to 0. This bill passed the Senate 54-0. It is now eligible for the Governor’s signature.

ACEC Georgia is monitoring this legislation

HB 193 by Representative Victor Anderson (R-Cornelia): proposes to raise the minimum dollar amount for bids for public works contracts which are required to go to a competitive bidding process from $100,000 to $250,000. This adjustment proposal is the result of inflation. The current $100,000 threshold was created in 2000 and has not been adjusted since its original passage.

Status: Passed the House Governmental Affairs Committee. Passed the House by a vote of 164-4. Passed the Senate Government Oversight Committee. Passed the Senate with an amendment extending this exemption to MARTA by a vote of 47 to 4.

ACEC Georgia supports this legislation

HB 220 by Representative Rob Leverett (R-Elberton): the original proposal would have allowed owners’ associations to pursue injunctive relief, without the need to first pursue or utilize other available or alternative remedies. This bill was amended to allow owners’ associations to pursue injunctive relief if a written notice is ignored for over 10 days.  

Status: Passed the House Judiciary Committee. Passed the House 144-22. Passed the Senate Judiciary Committee. This bill was placed on the final Senate Rules Calendar.

ACEC Georgia is monitoring this legislation  

HB 230 by Representative Mark Newton (R-Augusta): proposes to create a special purpose local option sales tax for a “coliseum capital outlay project”. The capital outlay project’s definition is narrowly tailored, with operation and ownership provisions limited to a consolidated government or one or more local authorities, among other very specific provisions. The SPLOST would be referendum led and would include 0.5% sales tax on applicable goods defined in the bill and a 0.5% sales tax on motor fuel when price per gallon is less than $3.00. The narrow definition indicates that this would very likely only affect Augusta-Richmond projects.

Status: Passed the House Ways & Means Committee; passed the House 165-7. Passed the Senate Finance Committee. This bill was placed on the final Senate Rules calendar for a vote.

ACEC Georgia is monitoring this legislation

HB 374 by Representative Brad Thomas (R-Woodstock): proposes to create a process by which residents and property owners can deannex out of a city (as long as they are within reasonable boundaries of the city’s limits) and become part of an unincorporated area of a county, without the need for legislative approval. This bill was amended in the Senate State & Local Government Operations committee to include language prohibiting a local government from banning only gas powdered leaf blowers (a local government would have to ban both battery powered and gas powered, if they place a ban on leaf blowers); this bill also includes a restriction on local governments from banning natural gas appliances.

Status: Passed the House Governmental Affairs Committee; passed the House 144-28. Passed the Senate State & Local Governmental Operations Committee. This bill was placed on the final Senate Rules calendar. This bill was amended, so it will need an agree by the House in order to be eligible for the Governor’s signature.

ACEC Georgia is monitoring this legislation

HB 514 by Representative Dale Washburn (R-Macon): places a shot clock of 180 or fewer days on moratoriums on new housing construction by local governments to eliminate the ability for local governments to conduct indefinite moratoriums, previously the bill only dealt with single family home construction, this bill was amended in the Senate Economic Development Committee to include multi-family homes. This bill also creates exemptions to the shot clock for natural disasters, feasibility planning, or state of emergencies.

Status: Passed the House Governmental Affairs Committee; passed the House 127-43. Passed the Senate Economic Development & Tourism Committee with the multi-family home construction moratorium back in. This bill has been placed on the final Senate Rules Calendar, but will need an agree from the House before becoming eligible for the Governor’s signature.  

ACEC Georgia is monitoring this legislation

SB 136 by Senator Mike Dugan (R-Carrollton): would allow local governments to waive impact fees for workforce housing projects.

Status: This bill has passed the Senate Economic Development & Tourism Committee. Passed the Senate 49-4. Passed the House Governmental Affairs Committee.

ACEC Georgia is monitoring this legislation

SR 147 by Senator Derek Mallow (D-Savannah): is the bipartisan proposal for a Senate Local Option Sales Tax Study Committee. If the Senate chooses to adopt this resolution, a group of Senate members would meet over the summer and fall to discuss any potential pitfalls in local option sales taxes or opportunities to increase the overall value to the residents.

Status: Passed the Senate Rules Committee; placed on the consent calendar (a consent calendar is a group of resolutions lumped together that can be voted on as a whole, rather than each resolution being voted on individually. This is usually how the Senate votes on study committee resolutions).

ACEC Georgia is monitoring this legislation 

SR 214 by Senator Frank Ginn (R-Danielsville): originally proposed to create a Joint Study Committee on Local Options Sales Tax & Service Delivery Strategy; however, this resolution now relates to the election/appointment of the chair of the state elections board.

Status: Passed the Senate Rules Committee. Passed the Senate 54 to 1. Passed the House Ways & Means Committee. Recommitted to House Governmental Affairs and amended there. Senate agreed to the change.

ACEC Georgia is monitoring this legislation.