This legislation alters the process by which Georgia’s Electric Membership Corporations (EMCs) determine the fees charged to communications service providers which place telecommunications equipment on EMC utility poles.  The fee/rate will be determined by the Georgia Public Service Commission (PSC) after the PSC considers what is just, reasonable, nondiscriminatory and commercially reasonable.  The PSC will promulgate, by January 1, 2021, the rules explaining how the above factors will be determined.  Current PSC charges will remain in effect until the date of their natural or lawful determination.           

This legislation prohibits a property owner, whether residential or commercial, from bringing a nuisance action against any kind of agricultural facility or operation unless they are within 5 miles of the source of the alleged nuisance activity. The lawsuit is allowed to be filed within two years after the nuisance occurs. 

This legislation keeps in place the ability to file a nuisance action when a nuisance results from the negligent, improper, or illegal operation of any agricultural facility or operation.

This bill stipulates that local governments shall treat/regulate battery-charged "fence detection systems" as they do other alarm systems as defined in law.  A fence detection system is an alarm system or electronic security system and ancillary components attached to the system that must be surrounded by a nonelectric perimeter fence or wall that is at least five feet tall and marked with conspicuous warning signs reading "Warning-Electric Fence".   These fences may only be deployed in industrial and commercial districts.    

This legislation was amended in Senate Rules Committee to include HB 67, which requires the Department of Revenue (DOR), on or before January 1, 2021, to develop and implement a state-wide, centralized online platform for retailers to apply for initial applications and renewals for local and state issued alcohol beverage licenses. DOR is charged with adopting the rules and regulations necessary to implement and administer the licenses.  

***ACCG's Policy Council voted to oppose this legislation only due to two very narrow, specific elements contained in the above section.  First, ACCG asked to extend the effective date from January 1, 2021 to July 1, 2021 in order to provide DOR and local governments more time to adequately develop the online licensing platform.  Secondly, ACCG asked that local alcohol licenses be issued prior to the state issuing its license using this platform.  Both requests were denied.

The legislation also authorizes the sell and delivery of packaged alcohol (beer, wine and liquor), under specific terms and conditions, to persons who establish accounts with the retailer.  Delivery drivers must undergo training, background checks and meet certain conditions and delivery addresses must be located within the local alcohol licensing jurisdiction of the retailer.  Local governments could prohibit, via ordinance, this delivery within their jurisdiction.         

Additionally, this bill alters the hours and process of approving Sunday package and on-premise (restaurant) alcohol sales (aka, the "brunch bill") of beer, wine and distilled spirits.  Cities and counties who have authorized these sales, via a referendum, may now allow sales starting at 11:00 a.m. via passage of an ordinance or resolution (current sales start at 12:30 noon, and local voters currently would have to pass a referendum in order to alter the times).  Cities and counties could also require a referendum to change this time if they would like.  Going forward, any county that newly-adopts Sunday sales - be they on-premise or package for beer, wine or liquor - must still have a referendum adopted, but the hours of said sales would be from 11:00 a.m. to midnight.   

Lastly, current law prohibits the sale of distilled spirits 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 college campuses via the adoption of a less-restrictive ordinance; however, local governments cannot adopt more restrictive distances. The term "college" includes, but is not limited to, all buildings, campuses and grounds of a college.     

• Increases the minimum host fee applied to coal ash from $1 to $2.50 per ton. Coal ash would now be charged the same host fee per ton as regular household waste. This increase (and host fees) only applies to a municipal solid waste disposal facility that is owned by a private entity. 

• Alters the restrictions on how counties can spend the host fees from 50% to 20%. HB 792, passed during the 2018 Session, required that 50% of the host fees received be spent for certain purposes.

• Halts the reduction in the fees assessed for the Hazardous Waste Trust Fund (HWTF) and the Solid Waste Trust Fund (SWTF), which were set to reduce on July 1, 2020. In addition, the sunset on the collection of the fees is extended until 2025.

• Allows an existing landfill (in McIntosh County) to expand within two miles of military air space used as bombing ranges. Current law prohibits such expansion.