Government Affairs Task Force Bill Tracking 2019-2020 Legislative Session Below is a listing of filed bills the Council is actively involved with or that are of interest to Council Members, including their sponsor, location and bill analysis. If you click on the blue links for each piece of legislation, a copy of the legislation, as well as the vote count will be displayed. Words or phrases in red indicates an approved modification of the bill from its original version. If you have a specific question about a piece of legislation, contact Policy Analyst Kimberly Steele at [email protected]. Legislation Property House Bill 302: Prohibit Local Governments from Enforcing Building Design Element Ordinances Sponsor: Rep. Vance Smith (R-Pine Mountain) House Committee: Repassed by (Sub) Agriculture and Consumer Affairs Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation prohibits local governments from adopting any regulations on "building design elements," including exterior building color, style of roof structures, and architectural styling of windows, types of foundation structures approved under state minimum standard codes as applied only to one-or two-family dwellings. Cities and counties would retain the ability to control building design elements in historic preservation districts, manufactured homes, private HOA covenant agreements and overlay districts. If there are more than two parcel owners, most of the parcel owners must reach a consensus on whether to approve or disapprove the establishment of an overlay district. Last Updated 3.6.2020 Senate Bill 172: Prohibit Local Governments from Enforcing Building Design Element Ordinances Sponsor: Sen. John Wilkinson (R-Toccoa) House Committee: Senate Committee: Government Oversight STATUS: DID NOT CROSS OVER Summary: This legislation prohibits local governments from adopting any regulations on "building design elements," including exterior building color, style of roof structures, and architectural styling of windows, types of foundation structures approved under state minimum standard codes as applied only to one-or two-family dwellings. Cities and counties would retain the ability to control building design elements in historic preservation districts, manufactured homes, and private HOA covenant agreements. Further, while Home Rule in Georgia delegates zoning powers to local governments, the legislation also proposes a revised definition of "zoning" which specifically excludes the ability to regulate residential design elements. House Bill 388: Development Impact Fees & Affordable Housing Sponsor: Rep. Deborah Silcox (R-Sandy Springs) House Committee: Governmental Affairs Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would permit jurisdictions to waive impact fees on development projects that include affordable housing. Under current Georgia law, a municipality or county can only exempt all or part of particular development projects from development impact fees if: such project is determined to create extraordinary economic development and employment growth, or extraordinary affordable housing; the public policy that supports the exemption is contained in the local government’s comprehensive plan, or; exempt development project’s proportionate share of the system improvement is funded through a revenue source other than development impact fees. Council Position: Support House Bill 523: Prohibit Local Governments from Regulating Real Estate as Short-Term Rental Property Sponsor: Rep. Kasey Carpenter (R-Dalton) House Committee: Passed Regulated Industries; Rules Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would prohibit local governments from enacting bans on short-term rental properties. Last Updated 3.6.2020 House Bill 777: Amending the State Minimum Standard Codes to Allow Tall Mass Timber Construction Types Sponsor: Rep. John Corbett House Committee: Passed by Substitute Senate Committee: Passed Agriculture & Consumer Affairs Summary: This legislation would amend the state minimum standard codes to allow tall mass timber construction types. Senate Bill 292: Repeal Local Governments Prohibiting the Use of Wood in Construction Sponsor: Senator Sally Harrell House Committee: Senate Committee: Agriculture & Consumer Affairs STATUS: DID NOT CROSS OVER Summary: This legislation would repeal local governments prohibition of the use of wood in construction. House Bill 749: Protection of Naturally Occurring Affordable Housing and Naturally Occurring Workforce Housing Sponsor: Rep. Josh McLaurin House Committee: Government Affairs Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would limit local governments participation in certain public-private partnerships within an area that would facilitate the destruction or redevelopment of national occurring affordable housing or workforce housing when: (1) proposed destruction or redevelopment is planned or estimated to reduce the per-square mile density of the residential population (2) proposed destruction or redevelopment is planned or estimated to reduce the per-square mile density of residential population living in rental units (3) the proposed destruction or redevelopment is planned or estimated to increase the average per person monthly rent for rental housing and (4) The proposed destruction or redevelopment would result in more than 25% of residents who would have to relocate out of the area in two subsequent years. The legislation also stipulates that if a local government obtains property which was primary used for the creation and/or preservation of naturally occurring affordable housing or naturally occurring workforce housing, the local government must maintain the use of property for naturally occurring affordable housing or naturally occurring workforce housing for a period of five years. Last Updated 3.6.2020 The bill defines affordable housing as residential rental properties that are affordable to households making less than 60% of the median income of the county. The bill defines workhouse housing as residential rental properties that are affordable to households making between 60%-120% of the median income of the county. Senate Bill 322: Development Impact Fees Sponsor: Senator Frank Ginn (R-Danielsville) House Committee: Senate Committee: Passed Senate by Substitute Summary: This legislation would permit jurisdictions to waive impact fees on development projects that include affordable housing. Under current Georgia law, a municipality or county can only exempt all or part of particular development projects from development impact fees if: such project is determined to create extraordinary economic development and employment growth, or extraordinary affordable housing; the public policy that supports the exemption is contained in the local government’s comprehensive plan, or; exempt development project’s proportionate share of the system improvement is funded through a revenue source other than development impact fees. Council Position: Support House Bill 837: Local Government Development Authorities Sponsor: Representative Chuck Martin (R-Alpharetta) House Committee: Ways & Means Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation stipulates a county development authority in which at least 95% percent of the land area of the county is incorporated must obtain approval of the county board of education or independent school system and the governing authority of any municipality to purchase or accept title to any real or personal property, undertake any projects, or grant any tax abatements. This provision would not be applicable to any development authority operating within a county with a consolidated or unified government. House Resolution 1023: Waive Sovereign Immunity Sponsor: Representative Andy Welch (R-McDonough) House Committee: Passed House by Substitute Senate Committee: Summary: This resolution would put a referendum on the statewide ballot asking whether to void sovereign immunity which bars Georgia residents from suing state courts. Senate Resolution 841: Waive Sovereign Immunity Sponsor: Senator John Kennedy (R-Macon) House Committee: Last Updated 3.6.2020 Senate Committee: Passed Judiciary by Substitute; Rules Summary: This resolution would put a referendum on the statewide ballot asking whether to void sovereign immunity which bars Georgia residents from suing state courts. House Bill 937: Prohibit Local Governments from Enforcing Building Design Element Ordinances Sponsor: Representative Vance Smith (R-Pine Mountain) House Committee: Passed Agriculture & Consumer Affairs; Rules Senate Committee: STATUS: DID NOT CROSS OVER Summary: This legislation would prohibit local governments from prohibiting or limiting building products and construction practices if a building product, material or construction practice is approved for use for construction, renovation, repair of a single-family dwelling by the Georgia Department of Community Affairs. Cities and counties would retain the ability to control building design elements in historic preservation districts, manufactured homes, private HOA covenant agreements and overlay districts. House Resolution 933: Create House Study Committee on Homeowners’ Associations, Condominium Owners’ Associations, and Property Owners in Community Associations Sponsor: Representative William Boddie (D-East Point) House Committee: Passed Special Rules Senate Committee: Summary: This legislation would create a House Study Committee to examine how community