Land Use/Zoning (28)
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Date of Last Recorded Action: 5/8/2018

HB 0001 NeutralSpace Flight: Activities, Definitions & Liability Jason Spencer
7/1/2017 Effective Date Judiciary Science and Technology
2017/03/17 - Report Code Enforcement General County Government Kathleen Bowen Land Use/Zoning
This legislation was introduced for Camden County who has an interest in creating a spaceport; however, the bill applies statewide by allowing the commercial space industry to operate in Georgia. More information on the Spaceport Camden project can be found here.
HB 0059 NeutralIncome Tax Credits for Certified Historic Structures Ron Stephens
3/29/2018 House - House Disagreed Senate Amend or Sub Ways & Means Finance
2017/01/27-Report 2018/03/16 Report Econ. Dev. & Transportation Economic Development General County Government
Land Use/Zoning Larry Ramsey Revenue & Finance
This legislation changes the income tax credit for rehabilitation of historic structures. As amended in the Senate, this bill would increase the maximum the tax credit to $40 million in any year for a certified historic structure. The bill would prohibit the sale or transfer to other parties.
HB 0076 InactiveClerks of Court - Revisions to Recording Maps, Plats and Plans Rick Jasperse
5/8/2017 House Date Signed by Governor Judiciary Judiciary
2017/01/27-Report 2017/02/03-Report 2017/02/10 - Report 2017/03/06 - Report 2017/03/17 - Report
Clerk of Court General County Government Land Use/Zoning Todd Edwards

This is clean up legislation for HB 1004 from the 2016 legislative session.  All maps, plats, plans and condominium plans must now be submitted electronically to the clerk of superior court.  The remainder of the bill was worked out over the interim between counties, cities, surveyors, engineers, architects and the clerks, specifying the format for the submittal of plats and plans, required data for plats, which plats must be certified by land surveyors, and other certification required for plats.  Attempts to add language stating that maps not creating new roads or utilities do not need local approval prior to submittal to the clerk were unsuccessful. 

For the guidance document, click here

HB 0158 NeutralGambling - Georgia Destination Resort Act Ron Stephens
1/31/2017 House Second Readers Regulated Industries -
2017/02/03-Report Alcohol/Tobacco Business and Occupation Tax District Attorneys Econ. Dev. & Transportation
Economic Development General County Government Georgia Bureau of Investigation Immigration Land Use/Zoning
Public Safety and Courts Retirement Revenue & Finance Todd Edwards Tourism
This legislation, mirroring SB 79, legalizes gambling in Georgia. Two casino licenses will be granted.  One license will be granted within a county having a population of at least 900,000, will be at least a $2 billion investment, located in a convention district and have a hotel with at least 1,000 rooms.  The other license will be granted within a county with at least 450,000 people, be at least a $450 million investment, and located near a convention district.  These casinos can be open 24 hours a day, every day of the year, and will pay a 20-percent tax on gross receipts (70 percent of proceeds go to the HOPE Scholarship and 30 percent will go to a needs-based college scholarship.   
HB 0175 SupportAlcohol - Locals May Reduce Distance Between Restaurant Sales and Schools/Housing Authorities Clay Cox
2/1/2017 House Second Readers Regulated Industries -
2017/02/03-Report Alcohol/Tobacco General County Government Health and Human Services Land Use/Zoning
Public Safety and Courts Todd Edwards
This legislation allows counties and cities, via a resolution or ordinance, to reduce the state-mandated distance between a restaurant that serves wine and beer and a school or housing authority property.
HB 0194 NeutralCounties Must Consider Schools when Rezoning Todd Jones
3/30/2017 House Withdrawn, Recommitted Governmental Affairs -
2017/02/03-Report 2017/02/24 - Report General County Government Land Use/Zoning Mandate
Todd Edwards
This legislation requires counties and cities to consider the impact that a proposed zoning action has on local school systems and their potential overcrowding - if the local school system provides the county with information and data on such impact after the county request it.  ACCG worked to further amend the bill to require school boards to consider the impact on city or county infrastructure, particularly roads and traffic, when siting new schoolhouses.    
HB 0430 NeutralGovernor's Education Reform Commission - Charter Schools Buzz Brockway
7/1/2017 Effective Date Education Education and Youth
Business and Occupation Tax Code Enforcement Fire Services General County Government Land Use/Zoning
Todd Edwards
This legislation sets statewide standards and authorization processes for charter schools by local school boards and the State Charter Schools Commission.  While an earlier version removed charter schools from local zoning and land use ordinances, the bill was amended in Senate committee to require that "the location of a charter school shall be in conformity with existing county or city comprehensive land use plans, if applicable, or existing land use patterns in the area."    
HB 0481 NeutralDrone Ordinances Kevin Tanner
7/1/2017 Effective Date Transportation Transportation
2017/03/06 - Report 2017/03/24 - Report Code Enforcement Econ. Dev. & Transportation General County Government
Kathleen Bowen Land Use/Zoning Preemption Public Safety and Courts

This legislation preempts local governments from adopting ordinances regulating the use of drones except for ordinances adopted before April 1, 2017, ordinances that enforce Federal Aviation Administration restrictions or ordinances prohibiting the launch, recovery or intentional landing of drones on county property.

HB 0510 NeutralAlcohol - Alter Distance between Sales and Churches/Schools Calvin Smyre
7/1/2017 Effective Date Regulated Industries Regulated Industries and Utilities
2017/03/24 - Report Alcohol/Tobacco General County Government Land Use/Zoning Population Acts
Public Safety and Courts Todd Edwards
This legislation removes measuring requirements between establishments that sell alcohol and churches and schools in counties with a population between 175,000 and 195,000 in the 1970 census or any future census. Following the 2010 census, Muscogee, Hall and Forsyth counties fall into this population range.  
HB 0533 OpposeLocal Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless Structures Brett Harrell
3/6/2017 House Second Readers Energy, Utilities & Telecommunications -
Business and Occupation Tax Code Enforcement Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Roads Todd Edwards
Transportation Utilities

This complex and lengthy bill provides as close to unfettered access to county and municipal rights of way (ROW) as possible for wireless providers to construct unlimited wireless support structures/poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet), equipment boxes (up to 28 cubic feet) and other infrastructure in order to roll out 5G service in metropolitan areas.  The bill limits or preempts a broad range of county decisions regarding: wireless structures within and outside public ROW, collocation of small wireless facilities, zoning reviews for cell towers and wireless support structures, modifications to wireless facilities outside public ROW, location of wireless facilities on local government owned utility poles, and county jurisdiction over small wireless facilities on private property. For example, HB 535 would bar local governments from subjecting certain wireless facilities to zoning review and approval, limit fees that counties and cities could impose for permitting, regulating and managing access to public ROW by wireless companies, and impose unrealistic shot clocks for counties to make decisions regarding various wireless facilities; otherwise the applications are "deemed approved". In addition, the bill would prohibit counties from requiring that wireless providers indemnify and hold the county harmless against claims arising from negligent acts of the provider and does not provide that these structures be removed or relocated, at provider expense, for road widening, maintenance or emergency situations. Lastly, counties can only deny a permit for this infrastructure if it violates stipulations in the bill... which are slim to none.  

  

HB 0736 NeutralAllow Issuance of Permits for Pop-up Restaurant Services in Business or Residential Buildings Ricky Williams
1/29/2018 House - House Second Readers Regulated Industries -
2018/01/26 Report Debra Nesbit General County Government Health and Human Services Land Use/Zoning
 This legislation allows for businesses or residential building owners to apply to the county for permits to operate for no longer than three (3) hours per day, and requires those food services to comply with all catering rules.
HB 0774 NeutralStatewide Regulations for Booting Vehicles Alan Powell
2/20/2018 House - House Committee Favorably Reported By Substitute Public Safety and Homeland Security -
2018/02/09 Report 2018/02/23 Report Econ. Dev. & Transportation General County Government Kathleen Bowen
Land Use/Zoning Law Enforcement Preemption Public Safety and Courts Traffic Enforcement
This legislation defines and sets statewide standards for vehicle immobilization devices and services - commonly known as "booting". In addition, this bill states that booting would be prohibited in a jurisdiction unless the local government passes an ordinance allowing booting.
HB 0835 NeutralSpecial Event Tobacco Permits - Authorize Jodi Lott
2/23/2018 Senate - Senate Read and Referred Ways and Means Finance
2018/02/09 Report 2018/02/16 Report Alcohol/Tobacco General County Government Health and Human Services
Land Use/Zoning Revenue & Finance Todd Edwards
This bill authorizes licensed tobacco dealers to apply to the State Revenue Commissioner to be granted special event tobacco permits for off-premise sales of cigars, cigarettes, or loose or smokeless tobacco.  This $10 permit allows said sales offsite from the licensed location (so long as the new site has a specific address), may be authorized for between one and ten days (so long as specific dates are listed), and there is no limit on how many permits a dealer may be issued.
HB 0915 OpposeBodywork Therapists - State Governance and Local Preemptions Lee Hawkins
2/14/2018 House - House Second Readers Regulated Industries -
2018/02/16 Report Business and Occupation Tax General County Government Health and Human Services Land Use/Zoning
Law Enforcement Preemption Public Safety and Courts Revenue & Finance Todd Edwards
This legislation provides for the statewide definition, regulation and licensure of "bodywork therapists", entailing educational requirements, board governance, human trafficking notification, prohibitions on illicit/prurient practices, etc. on this therapy practice - much like what has been done for massage therapy.  It then preempts local governments from several regulations they can place on bodywork therapists and establishments.  It also prohibits local governments from collecting regulatory fees on, and licensing, bodywork therapists. Please review and let Todd Edwards (tedwards@accg.org) know of any concerns you have with these local preemptions.          
HB 1020 EvaluatingResort Casinos and Medicaid Expansion Robert Trammell
3/5/2018 House - House Second Readers Regulated Industries -
Econ. Dev. & Transportation Economic Development General County Government Land Use/Zoning Larry Ramsey
Public Safety and Courts Revenue & Finance Sales Tax-Local
This bill provides for casino gambling and the dedication of proceeds of licensing fees to casino regulation and the expansion of Medicaid and for the REACH Georgia Scholarship Program. The bill is enabled by and contingent upon the ratification in a statewide election of a constitutional amendment, HR 1399.
HR 1398 SupportShort-Term Rentals - Study Committee Matt Dollar
3/23/2018 House - House Passed/Adopted Regulated Industries -
2018/03/09 Report Econ. Dev. & Transportation General County Government Hotel Motel Tax Land Use/Zoning
Larry Ramsey Revenue & Finance Tourism
This bill would create a House Study Committee to consider the effects and proper regulation of short-term rentals, such as provided via services like AirBnB.
HR 1399 EvaluatingCasino Gambling -Constitutional Authorization Robert Trammell
3/5/2018 House - House Second Readers Regulated Industries -
Econ. Dev. & Transportation Economic Development General County Government Land Use/Zoning Larry Ramsey
Public Safety and Courts Revenue & Finance
This constitutional amendment, if ratified in a statewide election, will authorize casino gambling. Taxes, revenues (sic), fees, and assessments  can only be imposed by the General Assembly and proceeds are used to fund casino regulation and the expansion of Medicaid and for the REACH Georgia Scholarship Program. This proposal is implemented by HB 1020.
SB 0079 NeutralGambling - Georgia Destination Resort Act Brandon Beach
1/30/2017 Senate Read and Referred -Regulated Industries and Utilities
2017/02/03-Report Alcohol/Tobacco Business and Occupation Tax District Attorneys Econ. Dev. & Transportation
Economic Development Forfeitures, Fees, and Fine Add Ons Georgia Bureau of Investigation Land Use/Zoning Public Safety and Courts
Todd Edwards Tourism
This legislation, mirroring HB 158, legalizes gambling in Georgia.  Two casino licenses will be granted.  One license will be granted within a county having a population of at least 900,000, will be at least a $2 billion investment, located in a convention district and have a hotel with at least 1000 guest rooms.  The other license will be granted within a county with at least 250,000 people, be at least a $450 million investment, and located near a convention district. Casinos can be open 24 hours a day, every day of the year, and will pay a 20-percent tax on gross receipts - 70 percent of proceeds go to the HOPE scholarship and 30 percent will go to a needs-based college scholarship.  .  .          
SB 0191 NeutralDesignating the Shoal Bass as the State Riverine Sport Fish Rick Jeffares
3/27/2018 House - House Postponed Energy, Utilities & Telecommunications Natural Resources and the Environment
2017/03/06 - Report Eminent Domain/Condemnation Kathleen Bowen Land Use/Zoning Nat. Res. & the Environment
Water Quality
This legislation designates the shoal bass as the official Georgia state native riverine sport fish.
SB 0232 SupportBroadband - Authorize EMCs to Provide Steve Gooch
3/5/2018 House - House Second Readers Ways and Means Regulated Industries and Utilities
2017/02/24 - Report 2018/03/2 Report Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Public Safety and Courts Public Works
Revenue & Finance Roads Telecommunications Todd Edwards Utilities

This legislation authorizes EMCs to provide broadband service, VoIP, wireless services and other emerging communications technologies within their service areas and a 5-mile radius thereof.  EMCs would be allowed to accept state, federal and private grants loans to fund this endeavor, but cannot cross-subsidize their broadband services from their electric or natural gas funds. To do this, EMCs must provide nondiscriminatory, competitively neutral and commercially reasonable terms, conditions and access to their utility poles for other communications service providers.      

 

SB 0233 NeutralReligious Freedom 2017 Marty Harbin
2/22/2017 Senate Read and Referred -Rules
2017/02/24 - Report Code Enforcement Correctional Institutions/Jail General County Government Land Use/Zoning
Law Enforcement Personnel/Employment Public Safety and Courts Todd Edwards

This legislation applies the Federal Religious Restoration Act to the State of Georgia and counties.  The Federal Religious Restoration Act prohibits the government from substantially burdening a person's exercise of religious unless it is in furtherance of a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.  

 

SB 0346 EvaluatingRegulation of Medical Marijuana and Repeal of Existing THC Oil Patient Registry Curt Thompson
1/24/2018 Senate - Senate Read and Referred -Health and Human Services
Debra Nesbit General County Government Health and Human Services Land Use/Zoning Open Records/Meetings Act
Personnel/Employment Property Tax Public Safety and Courts Revenue & Finance Sales Tax-Local
 This legislation provides for the regulation of medical marijuana for certain illnesses and purposes and repeals the existing THC oil registry.
SB 0374 EvaluatingCommunity Association Transparency and Protection Act Donzella James
1/31/2018 Senate - Senate Read and Referred -Judiciary
Clerk of Court Code Enforcement General County Government Land Use/Zoning Nat. Res. & the Environment
Open Records/Meetings Act Public Safety and Courts Public Works Todd Edwards Water Quality
This legislation, mirroring HB 748, significantly revises state law on residential property associations (condominium, cooperative and homeowners') and the responsibilities of both developers and residents.  Among provisions, the bill stipulates turnover and transition requirements; requires developers to establish a two-year operating budget prior to turnover/transition which includes reserve accounts for capital expenditures and deferred maintenance; requires developers to post performance and maintenance bonds; and spells out civil penalties for violations of the Act.  For the proponents' summary of the bill, please click here:   
SB 0418 OpposeNo Local Restriction on any Sale of Goods Regulated by Federal or State Agencies John Wilkinson
2/28/2018 Senate - Senate Lost -Agriculture and Consumer Affairs
2018/02/16 Report 2018/02/23 Report Agriculture General County Government Health and Human Services
Land Use/Zoning Nat. Res. & the Environment Preemption Todd Edwards

This latest state preemption legislation, mirrored in HB 948, prohibits local governments from prohibiting or otherwise restricting the retail sale of any goods, products or items regulated by the U.S. Dept. of Agriculture, U.S. Food and Drug Administration or the GA Dept. of Agriculture, so long as any said sales are in compliance with local zoning.  This effort to preempt local ordinances prohibiting a certain pet store chain has expanded greatly.   ACCG asks that you pay very close attention to this bill and provide Todd Edwards (tedwards@accg.org) feedback on how this bill may impact any county ordinances regulating the retail sale of animals (pets or livestock), tobacco, alcohol, plants, etc.  

For a list of all goods, products and items regulated by these agencies (thus preempted by local government regulation) please click here.   

Please note that ACCG takes no position on the operation of certain pet store chains; however, ACCG opposes taking away a community's ability to regulate the broad swath of goods, products and items covered by the above three agencies.    

 

SB 0425 NeutralLand Surveyors - Define Practice Steve Gooch
5/7/2018 Act 417 Regulated Industries Regulated Industries and Utilities
2018/03/16 Report Code Enforcement Econ. Dev. & Transportation General County Government Health and Human Services
Land Use/Zoning Law Enforcement Nat. Res. & the Environment Procurement Public Safety and Courts
Public Works Roads Stormwater Todd Edwards Utilities
Water Quality Water Quantity
This legislation removes the requirement that land surveyors receive at least five hours of course study in hydrology. The bill raises the required semester hours of course study, or the equivalent, in surveying subjects approved by the board from 15 to 18 hours. Moreover, HB 833 grandfathers in those who have already received credit in hydrology coursework so that they may sit for the board approved examination for licensure. In addition, HB 833 adds surveyors to the list of professionals subject to a misdemeanor for practicing as a licensed surveyor if that person has not completed the licensing requirements.
Green background on status indicates a bill has been acted on the last recorded legislative day.








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