This past week at the Capitol lawmakers met for legislative days 23 through 25. This week, Georgia legislators are likely to be working late into the evening most nights this week, but especially on February 29th, which is this year’s Crossover deadline.  

On Tuesday of last week, the state and local subcommittee of the House Governmental Affairs committee met and discussed several bills, including our QBS bill, HB 1228 by Representative Tyler Paul Smith. Immediately after the hearing, we worked with the bill sponsor and other committee members on an amendment to address some of the committee’s concerns which outlines what sorts of qualifications may be considered. There were also some concerns about how smaller local governments would be able to transition to QBS, but we are working on some innovative solutions to address those concerns, including creating a QBS Manual and template QBS procurement documents that local governments could utilize in order to simplify the process for them, as well as potentially partnering with another organization or state agency to create training for local government procurement officials. While there has been broad support for this legislation, with the Crossover deadline fast approaching, the clock may simply run out on us and it may be possible that we will need to revisit this legislation next year. But if that is the case, knowing all of the potential concerns we’ve heard from lawmakers will give us a much better understanding of what issues we will need to work on over the interim to build on that support to secure passage in next year’s legislative session.  

SB 374, by Senator Larry Walker, which aimed to revise the land surveyors experience requirements passed out of the Senate unanimously this week and is now in the House Regulated Industries Committee. Numerous states are moving in this direction for both engineers and surveyors and next year, we plan to follow suit by introducing legislation to decouple the professional engineer exam so that engineering students who have just graduated may take their exam before they have completed their four-year experience requirement.  

In budget news, on Monday of this week the House & Senate passed the conference committee report for the amended FY 2024 budget. The conference committee was made up of 3 members from each chamber who were tasked with hashing out the differences between the Senate and the House budget recommendations in order to create a report both chambers can agree on. The House and Senate zeroed out the $200 million LMIG line item, but added a “local road assistance administration” line item in the amount of $250 million. While these line items are very similar, the change ensures that local governments won’t be subject to the statutory match that is required for LMIG funding. Further, the House and Senate also increased local airport aid in the amount of $98 million. Rail also experienced a boost in funding as the House and Senate recommended $8.5 million for the upgrade of state-owned shortline railroads to Class II. All of these changes did come at the expense of the freight infrastructure projects and the capital construction projects. In all, those numbers went from $659 million from the Governor’s original recommendation to $593 million in the final legislative recommendation for Capital Construction. Freight Infrastructure Projects experienced a decrease from $641 million in the Governor’s budget to $500 million in the final recommendation. This week, the House will vote on the FY 2025 budget.  

Additionally, it appears that SB 435 by Senator Frank Ginn, the infrastructure and community development district legislation, will not be moving forward this session. The bill proposed to create “Community Development Districts” (CDD) that could finance, construct, acquire, operate, and maintain public infrastructure for residential development within the CDD boundaries. The nuances have been debated heavily throughout session, and unfortunately that legislation will not be moving forward this year as it missed the deadline for a bill to pass out of committee in order to be considered by the Senate (Senate & House rules differ on when a bill must pass out of committee to be eligible for consideration by that chamber, with the Senate’s being more stringent). We expect to see it next year, though, which would be a much better environment as next year begins another 2-year biennial session, so they could potentially have two years for legislators to vet and approve the measure.  

Further, last week Tim Bearden was sworn in to represent Senate District 30, to replace the retiring Mike Dugan, who is running for Congressman Drew Ferguson’s seat. There is also a run-off between Gary Richardson and CJ Pearson for House District 125 to replace Representative Barry Fleming who was appointed as a superior court judge in the Augusta area.  

Thursday of this week marks Crossover, so we expect to be walking the floors of the Capitol until midnight or beyond working on the business of engineering.  

LEGISLATION ACEC GEORGIA IS FOLLOWING: 

Industry & Professions  

HB 880 by Representative Bethany Ballard (R-Warner Robins): proposes to allow military spouses with an existing occupational license in good standing from another state to bypass licensure board approval in order utilize their out-of-state license to work in Georgia. The committee substitute still allows military spouses to bypass the board if they have not received a decision from the board within 30 days and allows the board to revoke them exemption if the board finds that the individual is not in good standing or not qualified. We are opposed to any legislation that bypasses the licensure board and undermines the board’s authority to approve licenses, particularly for those professional licenses which exist to protect the health, safety, and welfare of the public. 

Status: Assigned to the House Regulated Industries Committee; passed the Regulatory subcommittee of House Regulated Industries; passed out of the House Regulated Industries Committee; currently in the Rules committee 

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; passed the House 161 to 1. This bill is now in the Senate Higher Education Committee.  

ACEC Georgia supports this legislation.  

HB 1142 by Representative Chuck Martin (R-Alpharetta): would remove the residency requirement for issuance of licenses by endorsement. Last year, the legislature passed a law that clarifies how licensing boards are to approve license applications for individuals who possess licenses from other states. Current law requires those individuals to establish residency in the state in order to utilize this simplified process. This proposal would remove the residency requirement so any individual, including those in border states, can utilize this process.  

Status: Assigned to the House Regulated Industries Committee 

ACEC Georgia is monitoring this legislation.  

HB 1144 by Representative Chuck Martin (R-Alpharetta): proposes to change the law passed last year for applications for licensure by individuals who hold out of state licenses. Current law states that “the training, experience, and testing [must be] substantially similar in qualifications and scope to the requirements under this state to obtain a license” in order to be approved for licensure. This proposal would change that standard to a similar “scope of practice” with no prescription or definition on how to establish the standard for similar “scope of practice”.  

Status: Assigned to the House Regulated Industries Committee 

ACEC Georgia is monitoring this legislation.  

HB 1190 by Representative J Collins (R-Villa Rica): would allow the division director of the Professional Licensing Board Division (PLBD) of the Secretary of State’s office to issue a license to an individual who has applied for licensure who has not received a response within 60 days from the board in which they applied. We don’t believe this legislation directly affects engineers or land surveyors, as the PELS Board is not under the PLBD’s jurisdiction, but we are monitoring.  

Status: Assigned to the House Regulated Industries Committee. 

ACEC Georgia is monitoring this legislation.  

HB 1199 by Representative Clary Pirkle (R-Ashburn): proposes to streamline and simplify the process for which the state auditor reports statistics on architectural and engineering firms. The legislation would change the frequency with which reports are required (from monthly to annually) and states that the report shall include the percentage of the total work done by each such firm for any state entity. 

Status: Passed the Government Affairs Committee; passed the House 166 to 0. This bill is currently waiting assignment in the Senate.  

ACEC Georgia is monitoring 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 last year; passed the Senate Insurance & Labor Committee again on 2/22/2024.  

ACEC Georgia supports this legislation  

SB 374 by Senator Larry Walker (R-Perry): this bill comes at the request of the Surveying and Mapping Society of Georgia (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: Passed the Senate Regulated Industries & Utilities; passed the Senate unanimously. Assigned to the House Regulated Industries Committee.  

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. The proposal would ban direct action except (1) when a trucking company enters/or is currently in bankruptcy or (2) when company officials are inaccessible after multiple attempts to serve them with the lawsuit.  

Status: Passed the Senate Judiciary Committee; passed the Senate 46 to 2. This bill has been assigned to the House Judiciary Committee.  

ACEC Georgia supports this legislation  

Transportation  

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 county and the city(ies) within that county that make up 50% of the total county population to sign an intergovernmental agreement which would allow the proposed TSPLOST to be levied at 1%. Currently, if all of the cities within a county do not agree, the maximum amount that can be charged in a TSPLOST is 0.75 percent. 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: Passed the Ways & Means committee; passed the House 173 to 1. Assigned to the Senate Finance Committee.  

ACEC Georgia supports this bill  

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

Status: Passed the Senate Finance Committee 

ACEC Georgia supports this bill  

SB 499 by Senator Frank Ginn (R-Danielsville): deals with service delivery strategies. This proposal would require written analysis from cities and counties on the services to be provided in any given area, would establish service delivery strategy mapping standards throughout the state, and would require mandatory mediation for local governments who are unable to compromise.  

Status: Passed the State and Local Governmental Operations 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. Passed the Senate State & Local Governmental Operations Committee.  

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: Passed the House Ways & Means Committee; passed the House 163 to 0. Assigned to the Senate Finance 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 and is pending one more vote of approval in 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: Passed the House Governmental Affairs Committee; passed the House 154 to 8. Assigned to the Senate Government Oversight committee.  

ACEC Georgia supports 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 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 on 2/08/2024. 

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: Passed the Senate 30 to 18. Passed the House 101 to 63. The Governor has signed this bill; a referendum will be held in November for voters in the affected area to approve the city’s charter. 

ACEC Georgia is monitoring this bill 

SB 353 by Senator Greg Dolezal (R-Cumming): is a combination of the last 3 years of GDOT annual housekeeping bills. The provisions include: updating GDOT board voting procedures (allowing for email notifications); a clean up of terms to all RFPs to allow for 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. This bill has passed the House Transportation Committee; passed the House 152 to 0 on 2/16. 

ACEC Georgia supports this legislation 

SB 413 by Senator Randy Robertson (R-Cataula): proposes to limit the number of times a local government may place a SPLOST or other type of local option sales tax referendum on the ballot to only election days of even numbered years. SPLOSTs are an important funding mechanism for many local governments and we don’t believe that limiting the number of times a local government may leverage that is good policy.  

Status: Assigned to the Senate Ethics Committee; this bill was not voted out of committee before the Senate deadline for legislation to pass committee in order to be considered on or before Crossover.  

ACEC Georgia is reviewing 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, construct, 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; this bill was not voted out of committee before the Senate deadline for legislation to pass committee in order to be considered on or before Crossover. 

ACEC Georgia is monitoring this legislation  

SR 533 by Senator Frank Ginn (R-Danielsville): is the constitutional amendment that must accompany the “Infrastructure and Community Development Act” (SB 435) in order for the proposal legislation to become official law.   

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

ACEC Georgia is monitoring this legislation