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New Legislation Introduced
The Choice Act II
House Bill 400, by Rep. Spencer Frye (District 122), very similar to last year’s bill, creates the CHOICE Act. It is aimed at incentivizing local governments to adopt zoning and land use policies that are seen to promote affordable housing within their respective jurisdictions. Non-exempted cities and counties which adopt listed housing policies in the bill are granted preferential treatment in applying for all DCA and GEFA grants and loans. Those that don’t go to the end of the line. Counties below these thresholds are not impacted by the preference.
Housing Management Database
House Bill 374, by Rep. Martin Momtahan (District 17), authorizes local governments to establish, through ordinance or resolution, a housing management database of residential rental properties. Property owners must have at least five residential rental properties to be included in this database. Local governments cannot require a fee to register with the database. However, penalties may be imposed for failure to register. ACCG supports this legislation.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
Workforce and Residential Infrastructure Districts
House Bill 317 and House Resolution 192, both by Rep. Ron Stephens (District 164), authorize the creation of Workforce and Residential Infrastructure Districts (WRIDs). This is an optional tool for local governments, which would allow landowners within the WRID to tax themselves to pay for public improvements on their collective property. ACCG is supportive of this legislation.
Staff Contact: Dante Handel, Associate Director of Governmental Affairs; dhandel@accg.org
Affidavit for Unauthorized Tenant (Squatter) Removal
House Bill 415, by Rep. Todd Jones (District 25), allows property owners to file an affidavit with the Clerk of the Superior Court declaring that the property is not currently rented and requesting the removal of unauthorized tenants. The affidavit must include the property’s address, confirm that the person is the rightful owner, state that the property is not currently rented, and request that any unauthorized tenant be removed within one day after the court verifies the statement. This affidavit can also be utilized in legal eviction proceedings. ACCG is evaluating this measure.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
Zoning Appeals Process Revision
House Bill 318, by Rep. Matt Reeves (District 99), updates zoning-related processes by allowing trial court decisions on rezonings and use permits to be directly appealed, while quasi-judicial matters like variances are subject to discretionary appeal procedures. It clarifies the definitions of “quasi-judicial decisions” and “zoning decisions,” standardizes public notice requirements for zoning decisions, and exempts jurisdiction-wide zoning changes from enhanced notice rules for allowing multi-family use in single-family zones. Local governments must now set clear standards for quasi-judicial decisions, and the rules for how courts review use permit decisions are revised. ACCG supports this legislation.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
Landfills – Revise Local Government Permitting Process
House Bill 351, by Rep. John Corbett (District 174), amends Georgia’s Solid Waste Management Act to revise how local governments permit landfills within their communities. Among its numerous measures, the bill clarifies local governments’ roles and responsibilities in permitting and clarifies public participation in this process.
Staff Contact: Todd Edwards, Director of Governmental Affairs; tedwards@accg.org
Additional Information on Tax Bill if Opting Out of HB 581 (2024)
House Bill 370, by Rep. Houston Gaines (District 120), requires that the tax bills issued for any county, city, or school district that opts out of the HB 581 floating homestead exemption and which does not otherwise have an equivalent base year homestead exemption, contain a statement regarding the governing authority’s vote to opt out of HB 581 and the contact information for such governing authority.
Staff Contact: Dante Handel, Associate Director of Governmental Affairs; dhandel@accg.org
Growth Boundary Agreements – Service Delivery Strategy
House Bill 387, by Rep. Brad Thomas (District 21), requires future service delivery strategy agreements to include a “growth boundary agreement,” outlining and defining potential future growth via annexation of cities serving as the county seat and all other cities with at least 500 residents. However, those cities and the county would have the option to collectively agree not to include a growth boundary agreement in the service delivery strategy. ACCG is evaluating this measure.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
Special Election Timeline Revision
House Bill 397, by Rep. Tim Fleming (District 114), removes the option to hold a special election on the third Tuesday in September. It also extends the timeline for calling special primaries and special elections from 29 to 60 days. ACCG is negotiating this measure.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
Mobile Sawmills on Agricultural Land Preemption
House Bill 413, by Rep. David Jenkins (District 136), states that no local government shall adopt an ordinance prohibiting or restricting mobile sawmills on agricultural land, categorizing them as agricultural equipment. ACCG is evaluating this measure.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
Appeal to Hearing Officer for Non-Wireless Personal Property
House Bill 445, by Rep. Chuck Martin (District 49), adds the option to appeal to a hearing officer for non-wireless personal property and expands the pool of eligible hearing officers. ACCG is neutral on this bill.
Staff Contact: Dante Handel, Associate Director of Governmental Affairs; dhandel@accg.org
Private Water Providers: Regulate Rate Increases
House Bill 449, by Rep. Trey Rhodes (District 124), subjects private water and sewer providers’ rates and charges to regulation by the Georgia Public Service Commission if those rates or charges amount to an increase of 15% or more over their lowest amount in the prior three years. No one-time fees or charges assessed by private providers for connecting to its water or sewer lines shall be included in the increase calculation.
Staff Contact: Todd Edwards, Director of Governmental Affairs; tedwards@accg.org
Restoring Tax Estimate and Allowing for Appeals After Tax Bill
House Bill 456, by Rep. David Wilkerson (District 38) restores the estimated taxes on the notice of assessment and allows for appeals to be filed within 30 days of receiving a tax bill, in addition to the appeal window after receiving a notice of assessment. ACCG is opposed to this bill.
Staff Contact: Dante Handel, Associate Director of Governmental Affairs; dhandel@accg.org
Optional Senior Volunteer Work Homestead Exemption
House Bill 463, by Rep. Shaw Blackmon (District 146), proposes a constitutional amendment to authorize a senior homestead credit for up to $500 in exchange for volunteer work performed for local governments. It is permissive, and each local government may choose to participate in the program by passing a local resolution or ordinance. ACCG is neutral on this bill.
Staff Contact: Dante Handel, Associate Director of Governmental Affairs; dhandel@accg.org
Constitutional Amendment to Freeze Fair Market Value at Purchase Price
House Resolution 250, by Rep. Dale Washburn (District 144), proposes a constitutional amendment to grant county governing authorities the option to approve an appraisal method which freezes the fair market value of a property at its most recent purchase price. ACCG opposes this legislation.
Staff Contact: Dante Handel, Associate Director of Governmental Affairs; dhandel@accg.org
Bill Relating to a New City Sets Dangerous Precedent
Senate Bill 138, by Sen. Clint Dixon (District 45), passed out of the Senate State & Local Governmental Operations (SLGO) Committee. While the bill currently only applies to Gwinnett County and the new city of Mulberry, it sets a dangerous precedent for existing and new cities to pursue statewide. Among its service delivery provisions, city taxpayers will only have to pay the actual cost (narrowly defined) for the county police services received. The city will control the road right of way (ROW) and collect franchise fees, while the county (thus all county taxpayers) will pay for ROW maintenance. Additionally, the city will collect stormwater fees, but the county will fund stormwater services. Any violation by the county waives its sovereign immunity, and the official immunity of all county officers, for all claims for one year. ACCG opposes this legislation.
Staff Contact: Kaylon Day, Governmental Affairs Associate; kday@accg.org
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