April 5, 2022 | Week 12
Sine Die Marks End of 2022 Legislative Session
Credit: Branden Camp
Council for Quality Growth Members, 
Thank you to the members of the Council's Government Affairs Task Force. They provided weekly input and guidance throughout the session, with a special thanks to Council Vice-Chairman and GATF Chair, Rob Ross, for leading the GATF efforts, and Council Board Chairman, Al Edwards, for his leadership.  
 
We look forward to continuing our advocacy work on the local level to ensure your voice is heard on issues directly impacting the growth and development industry. For more information on joining the GATF or policy questions, please contact Joseph Santoro

On Monday April 4, 2022, the Georgia General Assembly gaveled in "Sine Die," the last day of the 40-day session. Governor Brian Kemp must sign or veto legislation within 40 days after Sine Die adjournment, or it becomes law without his signature. Below are highlights of key pieces of legislation that received final passage.

In the last remaining days of the session, the top policy priority and the constitutional obligation for the Georgia General Assembly was to adopt a balanced Fiscal Year 2023 budget beginning on July 1, 2022. On Sine Die the House and Senate adopted the Conference Committee Report to HB 911, appropriating $30.2 billion in total state funds, an increase of $2.9 billion, or 10.8% from Fiscal Year 2022 budget. The FY 2023 budget is headed to the Governor's desk for his signature. The budget will increase salaries for most state employees by $5,000, teachers will receive another $2,000 fulfilling Governor Kemp's pledge to raise teacher pay by $5,000, and investing $11.8 billion in K-12 education. The Transportation Trust Fund was appropriated $150.9 million for the construction and maintenance of the roads in the state and $15.9 million allocated to the Georgia Transit Trust Fund.

On Sine Die the House and Senate adopted the Conference Committee Report to HB 1437 that gradually drops the state's income tax rate from 5.75% to 4.99%. The compromise lowers the rate to 5.49% in 2024 and gradually drops by .10% each year until it reaches 4.99% in 2029. The standard exemption would go from $2,700 for single filers to $12,000 and for married couples filing jointly it would go from $7,400 to $24,000. Previously on March 23, 2022 Governor Kemp signed HB 1302 into law that provides a one-time tax credit for taxpayers who filed income tax returns for both the 2020 and 2021 taxable years.

HB 1013 championed by Speaker of the House David Ralston was signed into law by Governor Kemp on Monday April 4th that strengthens the state's access to mental health and substance abuse care. Under the bill starting July 1st of this year, the state would begin enforcing a federal law that requires “parity” in health coverage, forgive student loans for mental health providers, increase the number of mental health professionals in Georgia, and improve mental health data and transparency.

The Zoning Procedure Law, HB 1405 sponsored by Rep. Shea Roberts received final passage on Sine Die and is headed to the Governor for his signature. The bill restores the clarity originally provided by the Georgia Supreme Court in its seminal zoning case of Dougherty Co. v. Webb, 256 Ga. 454 (1986), fn. 3, upon which more than 40 years of jurisprudence has been rendered and eliminates the uncertainty of an ad hoc inquiry by the court for every zoning matter. On the last day of session Rep. Chuck Martin's HB 1406 was attached to the bill that relates to additional notices and public hearings for local single-family zoning ordinance changes.

As certain local jurisdictions have enacted or seeking to enact zoning restrictions on who may occupy a residence based on whether the home is owned or rented has spurred a lot of conversations and pieces of legislation were introduced this session. The bills (HB 1093/SB 494) did not pass out of Committee this year that were seeking to prohibit local jurisdictions from enacting or enforcing those regulations. In response, the House on Sine Die passed HR 1149 aiming to study the regulation, affordability and access to housing in Georgia.

HB 302 failed to receive final passage that would continue to allow local governments to charge permit fees based on the cost of regulation, but the proceeds of the regulatory fees shall not be allocated to the general operations of the local government.
Listed below are bill summaries for key pieces of legislation that have been signed or heading to Governor Kemp for a signature that are important to the growth and development industry. Please check out our Legislative Tracker to read more about the bills the Council was engaged with during the session.
The Professional Engineers & Land Surveyors Act
House Bill 476 Sponsored by Rep. Dale Washburn (R-Macon) & Sen. John Albers (R-Roswell) makes the Professional Engineers & Land Surveyors Board an independent state agency, with its own separate budget, its own executive director, staff, its own attorney and investigators to investigate and enforce violations. The bill was created and promoted by the American Council of Engineering Companies of Georgia (ACEC).
Passed House by 163-2 vote and Senate by 50-0

Incorporate City of Lost Mountain
House Bill 826 Sponsored by Rep. Ginny Ehrhart (R-Marietta) provides definitions and construction, provides a referendum, and effective dates and transitional provisions governing the transfer of various functions and responsibilities from Cobb County to the City of Lost Mountain.
Signed by Governor

Incorporate City of Mableton
House Bill 839 Sponsored by Rep. Erica Thomas (D-Austell) provides definitions and construction, provides a referendum, and effective dates and transitional provisions governing the transfer of various functions and responsibilities from Cobb County to the City of Mableton. 
Signed by Governor

Incorporate City of Vinings
House Bill 840 Sponsored by Rep. John Carson (R-Marietta) provides definitions and construction, provides a referendum, and effective dates and transitional provisions governing the transfer of various functions and responsibilities from Cobb County to the City of Vinings. 
Signed by Governor

Incorporate City of East Cobb
House Bill 841 Sponsored by Rep. Matt Dollar (R-Marietta) provides definitions and construction, provides a referendum, and effective dates and transitional provisions governing the transfer of various functions and responsibilities from Cobb County to the City of East Cobb. 
Signed by Governor

Development Authority Per Diem Cap & State Ethics Commission Authority
House Bill 923 Sponsored by Rep. Mary Oliver (D-Decatur) would cap the amount of per diem allowed for directors of development authorities in counties with over 550,000 population at the same amount authorized for members of the General Assembly and the state Transparency and Campaign Finance Commission would be authorized to investigate allegations of conflicts of interest by development authority board members. 
Passed House by 172-0 vote and Senate by 53-1 vote 

TSPLOST Ballot Estimated Amount Eliminated
House Bill 934 Sponsored by Rob Leverett to amend TSPLOST to allow local governments to continue to collect funds if they hit the estimated dollar amount illustrated on the ballot. 
Passed House by 146-5 vote and Senate by 46-4 vote 

Tax Credit Return on Investment Act
HB 961 Sponsored by Chuck Efstration (R-Dacula) that authorizes apportionment of damages in single-defendant lawsuits. Thus in single defendant lawsuits to prevent the incidence of plaintiffs deciding to sue only a defendant with financial means, rather than the party that was most at fault.
Passed House by 168-0 vote and Senate by 52-0 vote 

FIFA World Cup Admission Sales Tax Exception
HB 1034 Sponsored by Rep. Marcus Wiedower (R-Watkinsville) relates to exemptions from sales and use taxes of admissions to non-recurring major sporting events and amends the definition of "Major Sporting Event" to include any match of a FIFA World Cup and extends the sunset to December 31, 2031. 
Passed House by 155-15 vote and Senate by 48-6 vote 

Creation of Regional Industrial Development Authority
House Bill 1044 Sponsored by Clay Pirkle (R-Ashburn) that would allow the creation of regional industrial development authorities activated by any group of three to five contiguous counties.
Passed House by 156-9 vote and Senate by 42-9 vote 

Restoring Zoning Procedure Law
House Bill 1405 Sponsored by Rep. Shea Roberts (D-Atlanta) to revise the Zoning Procedures Law to restore the clarity originally provided by the Georgia Supreme Court in its seminal zoning case of Dougherty Co. v. Webb, 256 Ga. 454 (1986), fn. 3, upon which more than 40 years of jurisprudence has been rendered and eliminates the uncertainty of an ad hoc inquiry by the court for every zoning matter. House Bill 1406 sponsored by Rep. Chuck Martin was attached to HB 1405 that changes Zoning ordinances by revising single-family residential classifications to provide additional notices and hearing provisions.
Passed House by 130-25 vote and Senate by 53-0 vote 

Local Government Annexation Dispute Resolution Provisions
House Bill 1461 Sponsored by Rep. Victor Anderson (R-Cornelia) relating to annexation of territory that revises the dispute resolution to allow school systems to participate in the dispute resolution process, requires arbitration findings to be sent to the Department of Community Affairs, per diems for arbitration panel members, and extends the period of a zoning freeze following an arbitration.
Passed House by 172-0 vote and Senate by 53-0 vote 

House Study Committee on Regulation, Affordability, and Access to Housing
House Resolution 1149 Sponsored by Rep. Dale Washburn (R-Macon) would create a House study committee to examine the regulation, affordability and access to Housing in Georgia.
Passed House by 114-43
 
Create & Expand Georgia's Apprenticeship Program
Senate Bill 379 Sponsored by Senator Brian Strickland (R-McDonough) provides the Technical College System of Georgia to establish a program to promote the creation and expansion of registered apprenticeship programs in the state.
Passed House by 166 -1 vote and Senate by 42-4 vote 
 
Public Works Retainage Cap
Senate Bill 438 Sponsored by Senator Lindsey Tippins (R-Marietta) changes the public works projects retainage cap from 10% to 5% of each progress payment. 
Passed House by 151 -0 vote and Senate by 52-0 vote

GDOT Housekeeping Bill
Senate Bill 558 Sponsored by Senator Steve Gooch (R-Dahlonega) is the Senate version of the GDOT housekeeping bill relating to notices of GDOT board members.
Passed House by 156-0 vote and Senate by 54-0 vote  
 
Joint Study Committee on the Electrification of Transportation
Senate Resolution 463 Sponsored by Senator Steve Gooch (R-Dahlonega) creates a Joint Study Committee on the Electrification of Transportation for the State of Georgia to establish a comprehensive, strategic plan that sets policy objectives for infrastructure, economic preparedness, transportation funding, innovation, and the development of a successful electric vehicle market in the state of Georgia.
Passed House by 167-0 vote and Senate by 53-0 vote 
 
Senate Property Owners, Homeowners, and Condominium Associations Study Committee
Senate Resolution 615 Sponsored by Rep. Donzella James (D-Atlanta) creates a Senate Study Committee to establish a means of governing and paying for the maintenance and improvement of the common areas of condominiums and subdivisions and upkeep of property to protect the value of all properties in such association.
Passed House by 156-8 vote and Senate by 51-0 vote 
 
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