Utilities (14)

Date of Last Recorded Action: 5/10/2019

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 0924 NeutralRevenue Bonds - Electricity Projects Trey Rhodes
2/15/2018 House Second Readers Ways and Means --
Financing General County Government Larry Ramsey Revenue & Finance Todd Edwards
Utilities
This bill adds gas or electric transmission systems as permissible projects (undertakings) to be financed by revenue bonds. It also allows the General Assembly by local Act to exempt a county, city, or political subdivision from the general requirment of having a referendum to issue revenue bonds for electric generating, transmission, and distribution systems.
HR 1539 SupportStudy Committee on Technology and Taxation in the Public Right of Way Brett Harrell
3/19/2018 House Second Readers Transportation --
Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation Franchise Fees
General County Government Preemption Public Safety and Courts Revenue & Finance Roads
Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, mirroring SR 1019, creates the House study committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five House members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area.        
HR 1698 SupportUse of County Right of Way for Telecommunications Technology - Study by House Rural Development Council John Meadows
3/27/2018 House Passed/Adopted Rules --
Econ. Dev. & Transportation General County Government Roads Todd Edwards Utilities
This resolution urges the House Rural Development Council to investigate ways to streamline and make equitable use of state and local government right of way to expedite the deployment of emerging communications technologies while retaining local control of and fair compensation of such rights of way.  The Council is encouraged to seek input from the Georgia Department of Transportation, local governments and communications services providers on how best to manage the right of way.      
SB 0116 OpposeStorm Water Utility Fees - Water Neutral Properties Frank Ginn
2/7/2017 Senate Read and Referred -Regulated Industries and Utilities -
2017/02/03-Report Kathleen Bowen Nat. Res. & the Environment Revenue & Finance Stormwater
Utilities Water Quantity
This legislation prohibits counties and cities from assessing stormwater utility fees on properties certified as a water-neutral site by a professional engineer. The property owner would be responsible for submitting the proof of certification.
SB 0232 SupportBroadband - Authorize EMCs to Provide Steve Gooch
3/5/2018 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 0247 EvaluatingAllowances to Cities Participating in Sewer Intergovernmental Agreements Michael Williams
1/8/2018 Senate Recommitted -State and Local Governmental Operations -
2017/02/24 - Report General County Government Health and Human Services Larry Ramsey Nat. Res. & the Environment
Service Delivery Sewer/Septage Utilities
As amended in Senate Committee, this legislation applies any "allowance" made to a city participating in an intergovernmental agreement (IGA) for sewer operation to all cities participating in the same IGA related to any metropolitan sewer operation. While that language is unclear, the bill originally only applied with respect to a city levying a Municipal Option Sales Tax (which presently is only Atlanta) and would allow other cities to levy a MOST if those cities are parties to an IGA with the city that currently levies a MOST.
SB 0267 NeutralHapeville Water and Sewer Authority; repeal an Act creating Nan Orrock
7/1/2017 Effective Date Intragovernmental Coordination State and Local Governmental Operations -
General County Government Local Legislation Nat. Res. & the Environment Sewer/Septage Utilities
Water Quality Water Quantity
SB 0396 WatchTelephone System for Physically Impaired David Shafer
3/12/2018 House Committee Favorably Reported Energy, Utilities and Telecommunications Regulated Industries and Utilities -
911 Debra Nesbit Health and Human Services Public Safety and Courts Utilities
SB 0404 NeutralWater Service Fees For Fire Sprinkler Systems Matt Brass
5/3/2018 Act 400 Governmental Affairs Natural Resources and the Environment -
2018/02/09 Report 2018/02/23 Report 2018/03/09 Report 2018/03/16 Report 2018/03/2 Report
Code Enforcement Fire Services Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services
Kathleen Bowen Nat. Res. & the Environment Public Safety and Courts Revenue & Finance Utilities
This legislation states that no county, municipal, or other public water system shall charge or assess a separate fee for water service for fire sprinkler protection systems for more than the cost to provide such service.   
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.
SB 0426 SupportBroadband - EMCs and Rural Telephone Cooperatives Authorized to Provide Steve Gooch
3/29/2018 House Passed/Adopted By Substitute Energy, Utilities and Telecommunications Regulated Industries and Utilities -
2018/02/16 Report 2018/02/23 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report
Broadband Code Enforcement Econ. Dev. & Transportation Economic Development Franchise Fees
General County Government Land Use/Zoning Preemption Revenue & Finance Roads
Telecommunications Todd Edwards Transportation Utilities

Originally, this was the wireless industry's attempt to preempt local management of the public's right of way.  The bill was changed in House Rules Committee to allow EMCs and rural telephone cooperatives to provide broadband service to rural areas under certain conditions.     

 

 

SR 0778 NeutralUrging Congress to Support America's National Park System Steve Gooch
3/27/2018 Senate Passed/Adopted -Natural Resources and the Environment -
Econ. Dev. & Transportation Kathleen Bowen Nat. Res. & the Environment Roads Utilities
This resolution urges the United States Congress to create a reliable, predictable stream of resources to address deferred maintenance needs in America's National Park System. 
SR 1019 SupportCounty Right of Way for Telecommunications Deployment - Create Study Committee Frank Ginn
3/27/2018 Senate Passed/Adopted By Substitute -Regulated Industries and Utilities -
2018/03/23 Report Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation
Franchise Fees General County Government Preemption Public Safety and Courts Revenue & Finance
Roads Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, similar to HR 1698, creates the Senate Study Committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five Senate members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area to achieve modernization, fairness and technology neutrality regarding access to the rights of way.       
Green background on status indicates a bill has been acted on the last recorded legislative day.








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