Land Use/Zoning (13)

Date of Last Recorded Action: 3/16/2020

HB 0022 SupportAuthorization for Telephone Coops to Provide Broadband Service Penny Houston
4/2/2019 House Withdrawn, Recommitted Economic Development and Tourism --
2019/01/31 Report Broadband Econ. Dev. & Transportation Land Use/Zoning Policy Council
Preemption Todd Edwards Utilities
Mirroring SB 17, this legislation authorizes Georgia's Telephone Cooperatives to provide broadband services, either directly or indirectly through a contractual arrangement or through an affiliate.  Coops will also be eligible to apply for federal or state loans and grants to provide this service.  This proposal is part of the House Rural Development Council's recommendations to facilitate broadband deployment to rural areas of the state.
HB 0023 SupportAuthorization for EMCs to Provide Broadband Service Penny Houston
1/13/2020 Senate Recommitted Economic Development and Tourism Regulated Industries and Utilities -
2019/01/31 Report Broadband Econ. Dev. & Transportation Economic Development Land Use/Zoning
Todd Edwards

Mirroring SB 2, this legislation authorizes Georgia's Electric Membership Corporations (EMCs) to provide broadband services, either directly or indirectly through a contractual arrangement or through an affiliate.  EMCs are prohibited from cross-subsidizing broadband services through funds from their electric or gas accounts, and an annual audit will be conducted to ensure this prohibition.  Furthermore, EMC members in good standing can sue (in the superior court of the county where the EMC is headquartered) to also ensure no cross-subsidization. EMCs will not be able to disconnect, or threaten to disconnect, a customer from their electric or gas services for failure to pay their broadband bill.  EMCs will be eligible to apply for federal or state loans and grants to provide broadband service.  This proposal is part of the House Rural Development Council's recommendations to facilitate broadband deployment to rural areas of the state.  

HB 0076 NeutralLocals May Reduce State Distance Restrictions on Alcohol Sales Ron Stephens
4/2/2019 Senate Passed/Adopted By Substitute Regulated Industries Regulated Industries and Utilities -
2019/01/31 Report 2019/02/22 Report 2019/03/01 Report 2019/03/08 Report Alcohol/Tobacco
General County Government Land Use/Zoning Todd Edwards
Currently, state law prohibits the sale of distilled spirits within 100 yards of churches and within 200 yards of schools and college campuses.  Under this bill, local governments may authorize the sale of packaged alcohol (for consumption off premise) within 200 yards of a college via a less restrictive ordinance; however they cannot enact any greater distances - a more restrictive ordinance.  The term "College" shall include, but not be limited to, all buildings, campuses and grounds of a college.       
HB 0302 OpposeLocal Design Standards Preempted Vance Smith
4/2/2019 House Withdrawn, Recommitted Agriculture and Consumer Affairs --
2019/02/15 Report 2019/02/22 Report General County Government Land Use/Zoning Todd Edwards

Similar to SB 172, this mammoth preemption legislation prohibits cities and counties from regulating "building design elements" in single or double family dwellings.  Local governments could no longer enact standards on:

-      exterior building color,

-      type or style of exterior cladding material, 

-      style or materials of roof structures or porches,

-      exterior nonstructural architectural ornamentation,

-      location or architectural styling of windows and doors, including garage doors,

-      the number and types of rooms, 

-      the interior layout of rooms, and

-      types of foundation structures approved under state minimum standard codes.  

In short, if a house meets state minimum standard building codes, it can be built.  The legislation would not apply to state or federal historic districts, mobile homes and homes governed by a neighborhood association or covenant.  

If applicable, please share examples of how this would impact any local design standards that your county has adopted with Todd Edwards (tedwards@accg.org).    

    

       

HB 0898 NeutralZoning Decisions May Take into Consideration School Overcrowding Michael Wilensky
3/5/2020 House Committee Favorably Reported Governmental Affairs --
2020/02/07 2020/03/06 Report General County Government Land Use/Zoning Todd Edwards
This legislation authorizes cities and counties to take school overcrowding into consideration when making zoning decisions.  
HB 0980 OpposeAnother Local Land Use Preemption - PadSplit Free-for-All Teri Anulewicz
2/24/2020 House Second Readers Governmental Affairs --
2020/02/28 Report Code Enforcement General County Government Land Use/Zoning Todd Edwards
This legislation preempts local government land use practices by redefining "family" in state law, mandating an opening in local zoning codes to permit all forms of co-housing, boarding houses and student housing in single-family neighborhoods statewide.  It would supersede all local ordinances and redefine "family" to include any group of people, of any size, living together.  ACCG believes that local governments should be able to define family for residential areas in order to protect the integrity of single family neighborhoods.   
HB 1008 NeutralResidential Industrial Buildings - Allow to Have Permanent Metal Chassis Joe Campbell
1/1/2021 Effective Date Agriculture and Consumer Affairs Economic Development and Tourism -
2020/02/28 Report 2020/03/06 Report 2020/03/13 Report 2020/06/19 Report Code Enforcement
General County Government Land Use/Zoning Todd Edwards
Current law prohibits "factory built buildings and dwelling units" from having permanent metal chassis.  This bill allows these homes to have permanent metal chassis; however, these homes must still be affixed to a permanent load-bearing foundation.  Please contact Todd Edwards (tedwards@accg.org) if you have any concerns with this bill.   
HB 1103 SupportRequires Department of Human Resource Notify Locals when a Personal Care Home or Child Caring Agency is Licensed to Operate Calvin Smyre
3/9/2020 House Second Readers Health and Human Services --
2020/03/06 Report Debra Nesbit Fire Services General County Government Health and Human Services
Land Use/Zoning Law Enforcement Public Safety and Courts
This legislation requires that the Commissioner of DHS notify the local law enforcement agency, fire department, licensing department, planning and zoning department of the county or municipality, as applicable in which such personal care home, child caring institution, or foster care home. 
HB 1127 EvaluatingLocal government; zoning procedures; provide for suits against counties and municipalities Andrew Welch
3/10/2020 House Second Readers Judiciary --
General County Government Land Use/Zoning Todd Edwards
SB 0017 SupportAuthorization for Telephone Coops to Provide Broadband Service Steve Gooch
4/26/2019 Effective Date Energy, Utilities and Telecommunications Regulated Industries and Utilities -
2019/01/18 Report 2019/02/15 Report 2019/02/22 Report 2019/03/15 Report 2019/03/22 Report
2019/03/29 Report Broadband Econ. Dev. & Transportation Economic Development Land Use/Zoning
Policy Council Todd Edwards
Mirroring HB 22, this legislation authorizes Georgia's Telephone Cooperatives to provide broadband services, either directly or indirectly through a contractual arrangement or through an affiliate.  Coops will also be eligible to apply for federal or state loans and grants to provide this service. 
SB 0413 SupportOpen Meetings - Authorize Local Public Hearings to take Place by Teleconference P.K. Martin
6/26/2020 Senate - Senate Agreed House Amend or Sub As Amended Governmental Affairs State and Local Governmental Operations -
2020/02/28 Report 2020/03/13 Report Ethics General County Government Land Use/Zoning
Todd Edwards
This  legislation allows local governments to hold public hearings by teleconference when necessitated by emergency conditions, which ACCG supports.  Separately, it broadens the definition of an "applicant"
 applying for a zoning action who must disclose having made a contribution of more than $250 to a member of he governing authority deciding on the zoning application.  ACCG is neutral on this provision.      
SB 0442 NeutralHomeowner Associations - Conditions by which to Limit Rental Units William Ligon
1/1/2021 Effective Date Judiciary Judiciary -
2020/02/28 Report 2020/03/06 Report 2020/03/13 Report General County Government Land Use/Zoning
Todd Edwards
This bill stipulates that homeowner associations cannot pass an amendment to prohibit or restrict the rental or leasing of a lot to one or more tenants unless the amendment is agreed to by three-quarters of lot owners within the association.  Similarly, it provides that no covenant in a planned subdivision shall be amended to prohibit or restrict the rental or leasing of a lot to one or more tenants unless the amendment is agreed to by three-quarters of the plot owners who are party to the covenant.     
SB 0445 SupportExtending Local Authority for Land Disturbance Permitting John Kennedy
7/29/2020 Effective Date Natural Resources and Environment Natural Resources and the Environment -
2020/02/28 Report 2020/03/13 Report 2020/06/19 Report Code Enforcement Kathleen Bowen
Land Use/Zoning Nat. Res. & the Environment Water Quality
This legislation would extend authority for permitting land disturbance activities to water and sewer authorities who are also responsible for stormwater management. An intergovernmental agreement with the governing authority of a county or municipality would be required. 
Green background on status indicates a bill has been acted on the last recorded legislative day.








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