House Bill 1266, by Rep. Dale Washburn, passed the House Governmental Affairs Committee. This bill aims to incentivize local governments to adopt zoning and land use policies that increase housing density and promote affordable housing within their respective jurisdictions. While participation is not required, local governments attaining certain designations by passing certain zoning/land use ordinances will receive preferential treatment when applying for state Department of Community Affairs (DCA), Georgia Environmental Finance Authority (GEFA), and other grants and loans over those local governments which do not. This is the major housing legislation of the 2024 legislative session and should be of utmost interest to Georgia counties. Click here for a detailed summary of this legislation.

Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org    

To watch the full testimony on HB 1266, click here and go to the 1:08:40 mark.

The Committee also passed two sales tax bills: House Bill 1115 and House Bill 1192. HB 1115 increases the cap on local sales taxes from 2% to 3% and brings all sales tax types under the cap except for Education Special Purpose Local Option Sales Tax (ESPLOST), Transportation Special Purpose Local Option Sales Tax (TSPLOST), and Municipal Option Sales Tax (MOST). This would cap the combined state and local sales tax rate at 10% in Fulton County, containing cities with a MOST and at 9% in all other counties. It also creates a new flexible local option sales tax (FLOST) for property tax relief. The option to use this new tax for capital has been removed from prior iterations of the bill; functionally it will act most similarly to a homestead option sales tax (HOST). HB 1192 also prevents the issuance of new sales tax exemption certificates for high-tech data centers, which has generated a lot of discussion.

Two additional bills of interest to counties were passed by the Ways and Means Committee this week: House Bill 808, which increases the tangible personal property tax exemption threshold from $7,500 to $20,000, and House Bill 1052, which relaxes the bona fide conservation use (CUVA) covenant requirements (which allow for lower assessed values for property tax purposes) by allowing the owner to lease the property to entities that would not otherwise qualify without breaking the covenant. The property owner will remain responsible for ensuring the land is used appropriately.

Across the hall, the Senate Finance Committee approved Senate Bill 403. This bill, by Sen. Frank Ginn, removes the confusing tax estimate from the assessment notice to help taxpayers focus on their property value and the appeal process. This is a 2024 Legislative Priority for ACCG.

Staff Contact: Governmental Affairs Associate Dante Handel; dhandel@accg.org

Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org

House Bill 1146, by Rep. Ron Stephens, requires the Environmental Protection Division (EPD) to issue water permits to private companies when public service cannot be provided within 18 months in the "coastal aquifers of the state”. The proposed legislation raises concerns about establishing a precedent and its potential impacts on public health, environmental conservation, and local government planning, including service delivery strategies (SDS). This bill is scheduled to be on the House floor on Monday.

ACCG strongly encourages counties to reach out to their state representatives and urge them to vote NO on this bill. 

House Bill 1223, by Rep. Rob Leverett, amends the Georgia Soil Amendment Act of 1976. This bill includes a provision that prohibits the distribution of soil amendments on a site that is subject to a consent order or under existing enforcement action by the Department of Agriculture or the Environmental Protection Division of the Department of Natural Resources. ACCG supports this bill.

Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org

House Bill 946, by Chairman Lee Hawkins, successfully passed the House this week, while Senate Bill 383, by Sen. Shelly Echols, passed out of the Senate Finance Committee. Both bills aim to modify the Single-County TSPLOST threshold, shifting from requiring 100% of qualified cities to sign the intergovernmental agreement to more than 50% to levy the 1% tax. This legislation is a 2024 ACCG Policy Agenda item.

House Bill 1312, by Rep. Rick Jasperse, changes the date on which the Department of Agriculture will begin regulating and taxing the use of electric vehicle charging stations from January 1, 2025, to January 1, 2026.

This legislation removes the Atlanta-Region Transit Link “ATL” Authority and the Georgia Regional Transportation Authority and transfer all assets, obligations, liabilities, and employees to the State Road and Tollway Authority. This is an important bill to the metro counties. Please review the bill and contact us with any concerns.

House Bill 1228, by Rep. Tyler Paul Smith, mandates that all local governments adopt the qualified-based selection (QBS) process for procuring professional engineering, architectural, and landscaping services, with certain exceptions. ACCG opposes this bill under the Home Rule guiding principle. Martha Revelo, ACCG Associate Director of Governmental Affairs and Ted Burgess, Fayette County Chief Procurement Officer testified against the bill, which did not make it out of committee.

Staff Contact: Governmental Affairs Associate Gabriel Carter; gcarter@accg.org

Senate Bill 533, by Chairman Brian Strickland, was introduced and passed out of the Senate Judiciary Committee this week. This bill gives the Department of Behavioral Health and Developmental Disabilities (DBHDD) the sole discretion to determine the best treatment route for those deemed incompetent to stand trial. Among the options is a jail-based competency restoration program, which counties can choose to implement. ACCG is neutral on this bill.

House Bill 451, by Rep. Devan Seabaugh, passed the House Insurance Committee. This bill seeks to provide post-traumatic stress disorder (PTSD) insurance for first responders. Cities, counties, and the state would be required to provide this insurance program. Two significant changes were made to the legislation: the lump-sum benefit was reduced from $10,000 to $3,000 and a requirement was added for an annual report on the PTSD Program from the state Department of Insurance to the House and Senate Insurance committees. ACCG is still urging the General Assembly to allow this program to be subject to local appropriations.

House Bill 1126, by Chairman Clay Pirkle, passed out of the House Motor Vehicles Committee on Tuesday. This bill prohibits the use of any new automated speed detection devices in a school zone and prohibits the use of existing devices when the contract with the service provider expires. ACCG is opposed to this legislation.

The Senate also undertook a pivotal piece of legislation on speed detection cameras. House Bill 348, by Chairman J. Collins, passed out of the Senate Public Safety Committee on Wednesday. The most significant change made to this legislation since the last committee meeting was to require a conclusive investigation from the Department of Public Safety before any penalties are placed on local governments for speed detection camera usage violations.

Staff Contact: Governmental Affairs Associate Gabriel Carter; gcarter@accg.org

House Bill 1170, by Chairman Lee Hawkins, passed out of the House. This bill requires each state and local government building and courthouse that has a defibrillator to also maintain a supply of at least three “opioid antagonists” such as Narcan. This medication inhibits the effects of opioid overdoses. Each government entity is required to establish and implement an internal training policy for opioid antagonist administration. ACCG is still working with the author to clarify some of the language in this bill. 

Senate Bill 515, by Sen. Bo Hatchett, was introduced this week. This bill requires the Department of Public Health to establish an EMS pilot program that will be developed and implemented by the Georgia Trauma Care Network Commission and the State Office of EMS and Trauma. This pilot program will run in EMS regions 2 and 8 and will operate four ambulances. The first ambulance is dedicated to providing back-up support to the air ambulance crew. The second ambulance is for interfacility non-emergency transports. The third and fourth will go to region 2 and region 8 to support coverage for counties that dispatch ambulances on extended patient transfers. ACCG supports this legislation.

Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org    

House Bill 514, by Rep. Dale Washburn, was introduced last session but did not pass. Instead, it went to a Conference Committee between the House and Senate. This week, the Conference Committee Report was issued, limiting local government zoning or permitting moratoriums on single- and multi-family residences to a maximum of 180 days, with several exceptions. This report can be adopted at any time by both the House and the Senate. ACCG is neutral on this bill.

The Senate State and Local Governmental Operations Committee passed Senate Bill 499, by Sen. Frank Ginn. This legislation results from the recommendations of the 2023 Joint Study Committee on Service Delivery Strategy (SDS) in which both ACCG and GMA were involved. ACCG currently supports this bill; however, changes may be coming soon. 

House Bill 1073, by Rep. Dale Washburn, passed out of the House this week. This legislation, which ACCG supports, repeals a provision in state law that requires local governments to impose additional procedures for zoning decisions involving the location of halfway houses and drug rehabilitation centers. ACCG believes that the additional requirements to the current law may conflict with the federal Fair Housing Act, which prohibits zoning and land use regulations from treating housing for disabled persons less favorably than housing for non-disabled persons.  

House Bill 1149, by Rep. Mesha Manor, passed the House Governmental Affairs Committee. This bill requires county constitutional officers (probate judge, tax commissioner, clerk of superior court, and sheriff) to annually report the financial condition and results of the operation of each of their discretionary funds and activities to the county governing authority. The county must then report these financial statements in its annual audits. Counties are not liable if the officer fails to provide this information. ACCG supports this legislation.

Join us at the 2024 Legislative Breakfast to get the latest updates and learn more about trending state issues. House Speaker Jon Burns, Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD) Commissioner Kevin Tanner and Georgia Department of Transportation (GDOT) Commissioner Russell McMurry are the latest confirmed speakers that will address county officials during this year's Legislative Breakfast. Legislation passed during the 40-day session can have a direct impact on county government operations. For this reason, it is important for county officials to stay involved and engaged.

Visit the ACCG website for updates on the agenda and registration.

It is time for counties to review and update, if necessary, their ACCG County Legislative Coordinator (CLC). The CLC’s primary responsibilities are to relay pertinent information about current legislation to county commissioners and county management and to maintain an open line of communication with ACCG to ensure county-specific information is readily available for legislators. ACCG encourages all counties to participate in this network and designate a CLC prior to the legislative session. To confirm, update, or appoint your county’s CLC, please contact Tottianna Davis at tdavis@accg.org or 404-522-5022.

Click here to review your county's CLC from the 2023 session.

Watch the replay of the Virtual Legislative Update here. As a reminder, join the ACCG Governmental Affairs team every Friday at 9:00 a.m. during the legislative session. This is a recurring event, so county officials can access the meeting each week through this link.

Don't forget about the various communications tools that will help keep you informed and engaged. Click here to read all about them!

Capitol Beat - February 22, 2024

Cherokee Tribune & Ledger-News - February 21, 2024

Georgia Recorder - February 20, 2024

AJC Politics- February 20, 2024