Post Crossover: Time for Counties to Focus on Remaining County Issues Pending Before the General Assembly

ACCG lobbied for and against several bills on Crossover Day. The General Assembly worked until 1:00 a.m. Thursday morning to get bills out of the chamber in which they originated to keep them alive. ACCG is pleased to report that HB 887 and SB 232 passed. These bills will help expand broadband in the rural areas of our state. ACCG opposed SB 426 that would take away local authority over the deployment of poles and small cell equipment in their right of way. This bill passed the Senate with several amendments and the author, Sen. Steve Gooch, stated he was committed to working with ACCG and GMA to address our issues in the House. 

The FAST Act, SB 2, that would force counties and cities to change their permitting processes failed on the House Floor 106 to 66 but was reconsidered and is now tabled in the House for a future vote. Other bills of interest to counties that passed on Crossover include:

 A bill opposed by ACCG that passed on Crossover was SB 430 which grants a 5 percent pay raise to all constitutional officers and magistrate judges in 2021. Another bill opposed by ACCG, SB 418, which would preempt local governments from banning any products regulated by the FDA, USDA or Georgia Department of Agriculture was voted down. 

New Funds for Forest Land Protection Act (FLPA) Grants

The General Assembly added $42 million to the 2018 Amended Budget to fully fund the FLPA grants to counties. This is great news for many counties that have been waiting for FLPA grant payments that are long overdue. 

ACCG encourages county officials to thank their legislators for including these additional funds in the Supplemental Budget.

Other Budget News: Additional Funding of County Interest in the Amended Budget

An additional $2.8 million was included in the amended budget for more behavioral health crisis center beds; an additional $4.8 million in OneGeorgia payments for economic development; $1.2 million in one time grants to hospitals to offset the costs of the flu epidemic; an additional $500k to add two additional runways in small rural airports, bringing the total to 13 runways; and transfer of funds to Motor Vehicle Registration and Titling program for DRIVES connectivity ($2.1 million).

A complete overview of the budget can be accessed here.

Bills Still Active that Require County Attention

The following bills remain active for the 2018 session and are critical pieces of legislation in which ACCG needs the assistance of county officials. 

SB 426 – Small Cells, Poles, and Equipment in ROW Preemption Passes Senate; Now in House Energy, Utilities and Telecommunications Committee  

This wireless industry’s small cell legislation guarantees authorization for wireless providers to construct and place poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet in volume and 10' higher than poles), equipment boxes (up to 28 cubic feet in volume), plus up to 4 cabinets (undefined size) and other infrastructure in county and city right of way (ROW). Local government management of the above is all but entirely usurped; the grounds by which permit applications can be denied are few; denials are primed to result in litigation; and then locals are set up to lose.

 

*Note: The above picture is a visualization of a 28 cubic foot box authorized for each new and collocated small cell.

ACCG has attempted to work with the wireless providers, legislators and other stakeholders since last year to try to incorporate safeguards into the legislation. While several of our recommendations were made, most of these "concessions" include loopholes which blur or nullify the bill's purported purpose. ACCG will continue to work with legislators to try to address county concerns.  

For ACCG’s “Action Alert” on SB 426, please click here.

For ACCG’s summary and concerns with, SB 426, please click here.

Please contact your House members, particularly those on the House Energy, Utilities and Telecommunications Committee, with any concerns you may have.   

SB 2 - The FAST Act - Voted Down in House but Remains Alive for Another Day

 

SB 2 mandates that cities and counties which charge any license/permit fees establish a schedule to include the time lines necessary for processing completed applications and, upon receipt of an application related to any fee, the applicant will pay only 50 percent of the fee. Whenever the local government does not meet its deadline for acting on an application, fees will be reduced by 10 percent for each 10 days said action is delayed. Local governments are required to set up a second, expedited process for processing all applications and permits and must study how to share applicants' information with other local, state and federal agencies. The House first stripped local governments out of the bill, then voted down the bill. However, they then voted to reconsider the bill, meaning it can be brought up again at any time.    

SB 430 – Mandated Constitutional Officer Pay Raise Bill Passes Senate 

This legislation requires counties to provide 5 percent pay raises for county constitutional officers (sheriff, probate, clerk of court and tax commissioner) and magistrates in 2021 – on top of their COLAs, longevity increases, state and local supplements and fees kept as personal compensation. To see what Georgia's constitutional officers currently make, by county, please click here.