Last week, the state of Georgia lost another giant. House Rules Chairman Richard Smith passed away at the age of 78 and leaves large footprints to fill, not only in his position as Chairman, but as a powerful advocate and friend of the state. He was a good man and a dedicated public servant and he will be deeply missed.

The General Assembly finished the first 14 of 40 legislative days. On Thursday, they updated the adjournment resolution to change the legislative schedule so that members could have Monday off to attend Chairman Smith’s funeral. They will make up that lost legislative day on Friday, Feb 16^th, which will be the new Legislative Day 22.

In transportation news, Chairmen Greg Dolezal (R-Cumming) and Rick Jasperse (R-Jasper) published an op-ed on Friday in the Atlanta Journal Constitution about the need for continued investment in transportation infrastructure, which you can read here (though there may be an AJC paywall). In it, the chairmen detail the state’s enviable success that other southeastern states are attempting to emulate by heavily investing in their transportation infrastructure. They also warn that the state’s success comes with a price, paid by traffic congestion, and advocate for continued investment. They state, “[w]ithout urgent action, we’ll face even longer commutes, pollution and freight delays that cost businesses money and annoy consumers waiting for packages at home.” Further, they discuss the multiplier effect for transportation investment stating, “[t]he Georgia Department of Transportation estimates that for every $1 invested in these types of major supply-chain improvements we get a $9 return.” We couldn’t agree more!

Additionally, at the behest of the counties and cities, two identical bills, SB 383 by Senator Shelly Echols (R-Gainesville) and HB 946 by Representative Lee Hawkins (R-Gainesville), have been introduced to increase TSPLOST availability. These proposals revise the current TSPLOST law to allow a city(ies) who make up 50% of the total county population to sign an intergovernment agreement which would allow the proposed TSPLOST to be levied at 1%. Currently, cities can hold out on TSPLOST initiatives which can impede local governments within the affected area from levying the taxpayer approved tax at its full potential. Any cities that do not sign the agreement would be considered absent municipalities and will receive a share of the collected tax based on their proportionate share of the total municipal population within that county. Further, if all cities within the county sign the agreement, the tax may be levied up to six years, rather than five. HB 946 received its first hearing in the Ways & Means sales tax subcommittee this past week (all bills must be heard twice before being eligible for a vote).

In tort reform news, Senator Blake Tillery (R-Vidalia) has introduced SB 426 which aims to address “direct action”. The bill proposes limiting the number of ways in which an insurer can brought into a case involving a trucking accident. Currently, the state of Georgia allows a plaintiff to sue both a trucking company and their insurer, which has increased insurance premiums on businesses and consumers alike. This proposal aims to curb some of that lawsuit abuse. We’re very excited to see Senator Tillery sponsor this legislation and commend him on taking on such a critical challenge facing the state’s industries and businesses.

Our priority remains passing legislation that would require local governments to utilize qualifications-based selection for the procurement of engineers and architects. We have received the draft from legislative counsel and will continue to work with leadership and our allies in the House and Senate to introduce this legislation in the next week. We are continuing to work with our friends at GMA and ACCG to address any concerns with the proposal and hope to receive word from them that they will be neutral on the bill in the upcoming days and weeks.

In proposed city news, Senator Clint Dixon (R-Gwinnett) and House Majority Leader Chuck Efstration (R-Auburn) have introduced bills (SB 333 & HB 869) to create the City of Mulberry. The city would be compromised of part of unincorporated Gwinnett County and would have a total population of 35,000. Proponents of the city state that there would not be property taxes, and that the proposal is about local control and comes as a response to crowded schools, traffic congestion, and apartment density. It’s important to note that all cityhood bills that pass the legislature must go to a local referendum before cityhood proposals can become law.

The week ahead: the legislature will meet for Legislative Days 16 through 19 this week. We also suspect an announcement on the new House Rules Chairman this week.

Don’t forget to save the date and register to attend our annual Engineers Day at the Capitol on February 13^th!

LEGISLATION ACEC GEORGIA IS FOLLOWING:

Industry & Professions 

HB 267 by Representative Tyler Paul Smith (R-Bremen): would allow an individual to pursue a civil action and seek injunctive relief if an employer, other than a governmental entity, fails to withhold taxes properly from wages paid to an employee.

Status: Currently in the House Judiciary Committee  

ACEC Georgia is reviewing this legislation

HB 880 by Representative Bethany Ballard (R-Warner Robins): proposes to allow military spouses with an existing license in good standing from another state to bypass licensure board approval in order utilize their out-of-state license to work in Georgia. Numerous successful proposals have worked to create a more friendly licensure environment in Georgia for military spouses, including a 90 day shot-clock for board action after receiving a comity license application, and expedited licensure by endorsement, which simplifies the process of comity applications and requires these applications to be considered before any others may. We are opposed to any legislation that bypasses the licensure board and undermines the board’s authority to approve licenses, particularly for those licenses which exist to protect the health, safety, and welfare of the public.

Status: Assigned to the House Regulated Industries Committee; assigned to the Regulatory subcommittee of House Regulated Industries; this bill received a hearing but some concerns were raised about the ability to bypass the licensing board, so no vote was held.

ACEC Georgia opposes this legislation.

HB 982 by Representative Matt Gambill (R-Cartersville): would require the State Workforce Development Board to develop, approve, and annually publish a high-demand career list identifying careers that are experiencing the most critical workforce shortages.

Status: Assigned to the House Higher Education Committee; passed the House Higher Education Committee; this bill is currently in Rules.

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 in 2023. Currently in the House Judiciary Non-Civil Committee.

ACEC Georgia supports this legislation

SB 186 by Senator Greg Dolezal (R-Cumming): would revise the premises liability law to limit the cause of action currently available for individuals injured by an unrelated third party on a landowner’s property. The bill would require a plaintiff to prove that the landowner compelled the third party’s action, had knowledge of a specific threat, or could have reasonably intervened in the situation that resulted in injuries to the plaintiff. This would also create a process for apportionment of damages between the third party and landowner. 

Status: Passed to the Senate Insurance & Labor Committee; sent back to the Insurance & Labor Committee. This bill may be reconsidered this session.

ACEC Georgia supports this legislation

SB 374 by Senator Larry Walker (R-Perry): this bill comes at the request of SAMSOG. The bill proposes to revise education requirements for land surveyors by reducing the number of years of experience needed by 1 year, and would allow decoupling of the exam and experience so that new surveyors in training can take their professional examination after completing the required education requirements rather than after completing their experience after several years of being out of school.

Status: Assigned to the Senate Regulated Industries & Utilities

ACEC Georgia supports this legislation

SB 426 by Senator Blake Tillery (R-Vidalia): aims to address “direct action”. The bill proposes limiting the number of ways in which an insurer can brought into a case involving a trucking accident. Currently, the state of Georgia allows a plaintiff to sue both a trucking company and their insurer, which has increased insurance premiums on businesses and consumers alike. This proposal aims to curb some of that lawsuit abuse.

Status: Assigned to the Senate Judiciary Committee

ACEC Georgia supports this legislation

Transportation 

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. Sent back to the Senate RU&I committee; this bill may be reconsidered this session, likely after Crossover.

ACEC Georgia is monitoring this legislation

HB 617 by Representative Rick Jasperse (R-Jasper): is a freight & logistics planning bill, which would create a state-wide freight and logistics implementation plan which would be overseen by the planning director within the Planning Division of the Georgia Department of Transportation.

Status: Passed out of the House Transportation Committee on 2/1/2024. Currently in the Rules Committee.  

ACEC Georgia supports this legislation

HB 946 by Representative Lee Hawkins (R-Gainesville): aims to increase TSPLOST availability. This proposal revises the current TSPLOST law to allow a city(ies) who make up 50% of the total county population to sign an intergovernment agreement which would allow the proposed TSPLOST to be levied at 1%. Currently, cities can hold out on TSPLOST initiatives which can impede local governments within the affected area from levying the tax payer approved tax at its full potential. Any cities that do not sign the agreement would be considered absent municipalities and will receive a share of the collected tax based on their proportionate share of the total municipal population within that county. Further, if all cities within the county sign the agreement, the tax may be levied up to six years, rather than five.

Status: Assigned to the Ways & Means sales tax subcommittee; received its first hearing this past week

ACEC Georgia supports this bill

SB 383 by Senator Shelly Echols (R-Gainesville): is a companion (identical) bill to HB 946 above.

Status: Assigned to the Senate Finance Committee

ACEC Georgia supports this bill

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 may be reconsidered this session

ACEC Georgia is monitoring this legislation

Local Government 

HB 146 by Representative Derek McCollum (R-Chestnut Mountain): proposes to expand the definition of “municipality” as it relates to water and sewer projects and costs tax (MOST) to include any municipality with a corporate boundary that extends into three or more counties.

Status: This bill received a hearing in the House Ways & Means Committee, but has not yet been considered for a vote. This bill may be reconsidered this session.

ACEC Georgia is monitoring this legislation

HB 461 by Representative Brad Thomas (R-Woodstock): would clarify that the proceeds of regulatory fees charges by local governments be used only to fund the regulatory activity the fee is imposed for and prohibit local governments from utilizing these fees as a profit generator or to be utilized for general expenses.

Status: Assigned to the House Ways & Means Committee. This bill received a second hearing in the income tax subcommittee of Ways & Means this past week. This bill passed out of the full W&M committee on 2/1. Currently in the Rules committee.

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. Passed the Senate 42-12 with an amendment on waiving impact fees for workforce housing projects (SB 136). This bill is currently in a conference committee, which will come out with a report that will likely be passed by both chambers.

ACEC Georgia is monitoring this legislation

HB 516 by Representative Derek McCollum (R-Chestnut Mountain): is the annual GDOT housekeeping bill. Currently, GDOT is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $200,000 or more. The bill proposes to increase that limit to $500,000. The bill also revises various provisions of the public-private-partnerships including eliminating duplicative public comment processes.

Status: Passed out of the House Transportation Committee. Failed to make the Crossover Deadline last year. This bill was voted out of the House Transportation Committee on 2/1. SB 353 by Senator Dolezal contains provisions found in this bill. SB 353 will likely be the new GDOT housekeeping bill of 2024.

ACEC Georgia is monitoring this legislation

HB 517 by Representative Dale Washburn (R-Macon): proposes to prevent local governments from regulating various building design elements, such as the style of porches and the number of bedrooms in a housing unit. Proponents of this legislation say this would reduce the cost of regulation and therefore reduce the cost of building new homes. Opponents of the bill state this is an overreach on local control.

Status: Assigned to the House Government Affairs Committee. This bill may be reconsidered this session.

ACEC Georgia is monitoring this legislation

HB 1044 by Representative Victor Anderson (R-Cornelia): current state law requires all local governments to utilize a competitive selection process for any public works project estimated to be $100,000 or more. This proposal would raise the threshold for local governments and state agencies from $100,000 to $250,000. Last year, the Governor vetoed the bill because he wanted it to include state agencies. The new proposal addresses that concern; however GDOT has requested to be removed from the bill.

Status: Assigned to the House Governmental Affairs Committee; passed the House Governmental Affairs Committee 1/31/2024

ACEC Georgia supports this bill

HB 869 by House Majority Leader Chuck Efstration (R-Auburn): proposes to create the City of Mulberry. The city would be compromised of part of unincorporated Gwinnett County and would have a total population of 35,000. Proponents of the city state that there would not be property taxes, and that the proposal is about local control and comes as a response to crowded schools, traffic congestion, and apartment density. This bill would allow all individuals affected to vote to approve the city. SB 333 is the companion bill in the Senate.

Status: Assigned to the House Government Affairs Committee

ACEC Georgia is monitoring this bill

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—Dugan has resigned, but another Senator is rumored to be interested in picking this legislation up.

ACEC Georgia is monitoring this legislation

SB 156 by Senator Randy Robertson (R-Cataula): would revise county special purpose local option sales taxes (SPLOST), for consolidated governments only, to allow the proceeds of the SPLOST to be utilized to establish a maintenance reserve fund for newly approved projects. However, a limit of 5% of the annual proceeds of the SPLOST may be deposited into the reserve fund.

Status: Assigned to the Senate Finance Committee. This bill may be reconsidered this session.

ACEC Georgia is monitoring this legislation

SB 161 by Senator John Kennedy (R-Macon): creates cyber security requirements and an external data privacy program for contractors doing work with local governments. The external data privacy program would include quarterly scans for each of its employees’ personally identifiable information, an annual privacy risk assessment, annual privacy training, among other provisions. We are currently reviewing this legislation.

Status: Assigned to the Senate Science & Technology Committee. This bill may be reconsidered this session.

ACEC Georgia is reviewing this legislation

SB 171 by Senator Max Burns (R-Sylvania): would provide lien rights for contactors who preform work for a development authority if the development authority does not pay for that work. Currently, there are no remedies for situations where development authorities do not pay their contactors, this bill aims to give contractors a remedy for unpaid payments.

Status: Passed the Senate Economic Development & Tourism Committee, but sent back after it was never considered on the floor. This bill may be reconsidered this session.

ACEC Georgia supports this legislation

SB 333 Senator Clint Dixon (R-Gwinnett): proposes to create the City of Mulberry. The city would be compromised of part of unincorporated Gwinnett County and would have a total population of 35,000. Proponents of the city state that there would not be property taxes, and that the proposal is about local control and comes as a response to crowded schools, traffic congestion, and apartment density. This bill would allow all individuals affected to vote to approve the city. SB 333 is the companion bill in the Senate.

Status: Assigned to the House Government Affairs Committee

ACEC Georgia is monitoring this bill

SB 353 by Senator Greg Dolezal (R-Cumming): is a combination of the last 3 years of GDOT’s annual housekeeping bill. The provisions include: updating GDOT board voting procedures (allowing for email notifications); a clean up of terms to all RFPs to also have RFPVs, which would be a RFP with versions; a clean up of terms for alternative contracting methods; conforms the length of modular housing units that can move on roadways with federal standards; allows a coroner to designate an individual in absentia to officially establish a death on Georgia’s roadways; and clarifies that open records or data cannot be used to determine personally identifiable information of individuals moving along Georgia’s roadways.

Status: Assigned to the Senate Transportation Committee. The committee passed the bill unanimously. This bill passed the Senate on Jan 29. It is currently being considered in the House Transportation Committee.

ACEC Georgia supports this legislation

SB 435 by Senator Frank Ginn (R-Danielsville): is the “Infrastructure and Community Development Act”. This 54-page bill would create a special purpose unit of local government that serves to finance, constructure, acquire, operate, and maintain public infrastructure. This would require approval from the local government in which the proposed development is located. The development board would be Governed by a five-member elected board. This is similar to CIDs but the primary difference is these community districts would be privately maintained. This is the enabling legislation. A constitutional amendment would be required to make this bill a reality.

Status: Assigned to the Senate State and Local Government Operations Committee

ACEC Georgia is monitoring this legislation