This is the Legislative Week 6, 2015 Edition of the Council's "Under the Gold Dome," a weekly publication covering the 2015 Georgia General Assembly Session.  As a reminder, this publication comes out each Friday during the Session. 

The main focus for the Council this week was once again the transportation funding legislation.  

The House Transportation Committee heard on Thursday, February 18th, the substitute version of House Bill 170, the transportation funding bill, passing it out of committee to the House Rules Committee

Highlights of the substitute include:
  • Conversion of the Sales Tax on Motor Fuel, currently at 4% to an Excise Tax, adjusted annual to keep pace with fuel efficiency of vehicles to 29.26 cents a gallon.
  • Phases out all local sales taxes on motor fuel (through local SPLOSTs) after their current levy. This allows local governments to honor their bond obligations and delivery of projects already approved by their voters.
  • Future Special Local Option Sales Tax (SPLOST) and Education Special Local Option Sales Taxes (ESPLOST) may be levied on motor fuels but the portion of revenue generated from gas taxes must be used for transportation purposes. New or renewed SPLOSTS and ESPLOSTS cannot be levied on diesel fuel. 
  • Any collection of future HOST, LOST and MOST taxes will now be collected at 1.25% versus the current 1%.
  • Repeals the $5,000 tax credit for the purchase of electric vehicles.
  • Expands the definition of transportation purposes to include roads, bridges, public transit, rails, airports, buses, seaports and all related infrastructure and services necessary to provide access to transportation facilities.
  • Removes the Governor's ability to suspend collection of motor fuel and aviation fuel taxes, except when a state of emergency is declared.
We cannot emphasize enough what a positive direction this legislation is to work towards solving our transportation needs, by closing the funding gap with almost $1 billion in dedicated transportation monies, without a state tax increase.  The Council will work to encourage the legislature to continue to find new, innovative ways to fund our growing needs.

By converting to an excise tax from a motor fuel tax, the state will have created the effect of reallocating the "fourth penny" that had been redirected from the motor fuel tax to the general fund.   Additionally, the House leadership is committed to a bond package that will focus on critical bridge maintenance, transit and other essential transportation projects. (The Fiscal Note for the legislation can be found HERE)

House Bill 170 is expected to see minor revisions next week and could be heard on the House floor next week.

To continue to keep Georgia as a the leading state for new business,  as this bill continues to move forward through the General Assembly, we are asking Council members to contact their legislators. Let them know the development community stands by to support them as they address this issue and make the tough decision. When elected officials hear from Council Members, those who are in the weeds daily in economic development, that truly makes a difference.  The Georgia Chamber of Commerce has established a simple Action Center Page, which allows the business and development community representatives to send a quick message of support to their State Representative and Senator.  To utilize this convenient and easy website, click HERE.


 

Additionally, you can contact James Touchton at the Council at [email protected] and he will provide you with a pre-written email for Council Members, to be emailed directly to their legislators. To find out who your Ga. General Assembly elected officials are, click HERE.


The House and Senate have set a schedule that has the legislature in Monday-Thursday next week ending at Legislative Day 23 on Thursday. "Crossover Day" Day 30 is set for March 13th with the current schedule set to "Sine Die" Day 40 on April 2nd.  To view the full legislative schedule, click HERE

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Senate Bill 4: The "BeltLine Bill"

As the cost of providing public infrastructure continues to rise and the amount of public funding available becomes more constrained, a growing number of public entities are looking for innovative ways to deliver things like trails, transit, and parks.

 


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Council Supports House Transportation Funding Bill with Testimony
Council Chairman Tim Lowe provided testimony before the House Committee in support of the legislation that funds much of the $1.5 billion needed for transportation and infrastructure.



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Senate Bill 59: Public-Private Partnerships (P3)
Legislation the Council for Quality Growth along with many partner organizations supports, Senate Bill 59, the Partnership for Public Facilities and Infrastructure Act (P3), currently sits in the State Senate Economic Development Committee.  Many other states, in particular Virginia where the models originated, have embraced greater use of public private partnerships.  As the population of Georgia continues to grow, there is an increasing need for the construction of new public facilities, including schools, hospitals, emergency response centers, prisons and courthouses.  

 Read More

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Council for Quality Growth Spotlight:

 

A New Federal Approach to Transportation Funding

 

An immediate concern for Georgia is the dwindling resources to fund critical transportation infrastructure needs. Resolving Georgia's transportation needs by finding alternative solutions is a top priority for the 2015 legislation session. 

The state is effectively seeking an estimated $1.5 billion in new revenue for transportation infrastructure.  


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Competencies and Core Education in Elementary and Secondary Education Bill Passes Senate
Senate Bill 2 was passed unanimously in the Georgia State Senate, which seeks to lessen high school drop-out rates, strengthen Georgia's workforce, and attract more businesses to the state. 

Read More
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Council for Quality Growth's Board of Directors State Government Affairs Task Force Established
The Council Board of Director's has established the 2015 Government Affairs Task Force, consisting of members of the Council Board of Directors. 

The Task Force is charged with establishing the Council's Legislative Agenda, as well as directing the Council and providing input on legislation before the Georgia General Assembly.  

Click HERE to view the full Government Affairs Task-force. 
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CLICK HERE
 to view a PDF version of the Council's Legislative Agenda.

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Georgia Senate Press Office: Senate in a Minute

During Session, the Georgia Senate Press Office films a daily recap of the Georgia Senate's actions.  


 

CLICK HERE to view the daily recaps for the 2015 Session.

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House of Representatives Floor Notes


 

Each Session day the Georgia House publishes a recap of the legislative day that occurred in the House.  

 

CLICK HERE to view the daily recaps for the 2015 Session.

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Council's Legislative Bill Tracking
Below is a listing of filed bills, including their sponsor, location and bill analysis.  This represents legislation the Council is actively involved with or that is of interest to Council Members.  

If you have a specific question about a piece of legislation, email  Director of Government Affairs and Policy at [email protected]

House Bills

House Bill 4: Interbasin Transfers
Sponsor: Rep. Harry Geisinger (R) 
House Committee: Natural Resources and Environment
Status: House Second Readers
This bill removes the restriction in Georgia law for inter-basin water transfers from all rivers with an annual average flow of 15 billion gallons of water a day,  if the county where the river flows agrees to the water withdrawal.
Council Position: Support

House Bill 14: Acceptance of Federal Funds with General Assembly Approval
Sponsor: Rep. Scott Turner (R)
House Committee: Appropriations
Status: House Second Readers
This bill would prohibit any local government or agency or state agency, bureau, board or commission, public entity, department or office from accepting federal funds with out the expressed approval of the General Assembly.  This could be interpreted to include Community Improvement Districts.
Council Position: Oppose

House Bill 21: Transit Authority
Sponsor: Rep. John Carson (R)
House Committee: Transportation
Status: House Second Readers
This bill removes the population threshold for a local government to form a transit authority, changes the definition of "metropolitan area" to include an unincorporated city and the area "suburban to such city" and requires a new transit authority in a municipality to enter into an intergovernmental agreement with an existing transit authority before its formation.
Council Position: Evaluating

House Bill 27: Creation of City of South Fulton
Sponsor: Rep. Roger Bruce (D)
House Committee: Pre-filed
Status: No Committee Assignment
This bill creates a charter for the propose City of South Fulton, which would be subject to voter approval in a local election.
Council Position: Neutral

House Bill 33: Code enforcement Officers
Sponsor: Rep. Tom Taylor (R)
House Committee: Judiciary Non-Civil
Status: Withdrawn 
This bill makes it a misdemeanor to hinder or obstruct a code enforcement officer in the discharge of their duties.
Council Position: Oppose

House Bill 49: Electronic Tax Bill Delivery
Sponsor: Rep. Brett Harrell (R)
House Committee:  Ways & Means
Status: House Committee Favorably Reported
This bill allows a local tax commissioner or collector to send, at the request of a citizen, their tax bills electronically. 
Council Position: Support

House Bill 60: Motor Fuel Tax and State Income Tax
Sponsor: Rep. Ed Setzler (R)
House Committee: Transportation
Status: House Second Readers
This bill would eliminate the "4th" penny on gas and shift it to the motor fuel tax, currently at 3%, while gradually raising the fuel excise tax from 7.5 cents to 22.5 cents by 2022 and a gradual decrease of the state's income tax rate to a flat 5.5% by 2022, down from the current rate of  6%.
Council Position: Evaluating

House Bill 97: Prohibits Non-Disclosure for Local Agencies
Sponsor: Rep. Scot Turner
House Committee: Governmental Affairs
Status: Withdrawn

This bill prohibits local agencies from entering into non-disclosure agreements. According to the bill, all agencies shall fully disclose without delay, any communications regarding any terms and conditions of any agreement, incentive or offered made or entered into by the agency, directing the Attorney General to sanction any individual, on behalf of an agency who enters into a non-disclosure agreement in violation of this proposed law. Furthermore, it allows any citizen, in addition to the Attorney General, to initiate civil action to compel the disclosure of any matters covered in a non-disclosure. 

Council Position: Oppose

House Bill 116: Underground Water Supply Protection Act of 2015
Sponsor: Rep. Alex Atwood
House Committee: Natural Resources
Status: House Second Readers
This bill would prohibit the use of water aquifers in 11 coastal counties. While this has a local impact as of now, the Council has concerns this could have state-wide implications.
Council Position: Oppose


House Bill 170: Transportation Funding
Sponsor: Rep. Jay Roberts (R)
House Committee: Transportation
Status: House Rules Committee

Currently, the Bill:
  • Calls for the conversion of the Sales Tax on Motor Fuel, currently at 4% to an Excise Tax, adjusted annual to keep pace with fuel efficiency of vehicles to 29 cents a gallon.
  • Phases out all local sales taxes on motor fuel (through local SPLOSTs) after their current levy. This allows local governments to honor their bond obligations and delivery of projects already approved by their voters.
  • Future Special Local Option Sales Tax (SPLOST) and Education Special Local Option Sales Taxes (ESPLOST) may be levied on motor fuels but the portion of revenue generated from gas taxes must be used for transportation purposes. New or renewed SPLOSTS and ESPLOSTS cannot be levied on diesel fuel. 
  • Any collection of future HOST, LOST and MOST taxes will now be collected at 1.25% versus the current 1%.
  • Repeals the $5,000 tax credit for the purchase of electric vehicles.
  • Expands the definition of transportation purposes to include roads, bridges, public transit, rails, airports, buses, seaports and all related infrastructure and services necessary to provide access to transportation facilities.
  • Removes the Governor's ability to suspend collection of motor fuel and aviation fuel taxes, except when a state of emergency is declared.
Council Position: Support

House Bill 174: Urban Redevelopment Law
Sponsor: LaDawn Jones (D)
House Committee: Transportation
Status: House Second Readers

This legislation revises terminology within the Urban Redevelopment Law. Specifically, the outdated terms "Slum Area" and "Slum Clearance and Redevelopment" are replaced with  "Pocket of Blight" and "Pocket of Blight Clearance and Redevelopment" respectively. It also eliminates the definition of slum area and adds new definitions for the new definitions.

Council Position: Evaluating

 

House Bill 213: MARTA 50/50
Sponsor: Rep. Mike Jacobs (R)
House Committee: Transportation
Status: House Committee Favorably Reported 
This bill calls for an independent auditor to complete an audit every four (4) years and a complete report of the findings be filed with the Governor, the State Auditor, and the chairperson of MARTOC, allowing MARTA to lift the 50/50 revenue split. However, if an independent management audit was due but not submitted, then the fifty percent (50%) restriction will remain intact. Also, the bill proposes elimination of the Board's ability to reserve any amounts that could have been used to subsidize operations that were unused.
Council Position: Support

House Bill 214: MARTA/GDOT Commissioner
Sponsor: Rep. Mike Jacobs (R)
House Committee: Transportation
Status: House Committee Favorably Reported by Substitute 
This legislation restores voting privileges on the MARTA Board to the GDOT Commissioner until at least 2017.
Council Position: Support

Sponsor: Rep. Mike Jacobs (R)
House Committee: Ways & Means
Status: House Committee Favorably Reported Substitute
The bill will add a one-cent Special Purpose Local Option Sales Tax ("SPLOST") and by reorganizing the current Homestead Option Sales Tax ("HOST"). Currently, HOST is only applied to homes within unincorporated county limits, but the proposed bill seeks to apply this tax to all homestead properties in the county.  

The legislation proposes an increase to an eight percent (8%) sales tax, and would eliminate direct HOST funding to cities. The additional penny increase would allow the full amount of HOST proceeds to aid the property tax of homeowners. Though nothing would be distributed directly to DeKalb's incorporated cities, the relief offered by the tax increase would be distributed equally to both city and unincorporated residents.

Council Position: Evaluating

House Bill 397: State Soil and Water Conservation Commission
Sponsor: Rep. David Knight (R)
Status: House Hopper
House Committee: N/A
This bill assigns the State Soil and Water Conservation Commission to the Department of Agriculture, changes the appointments the the Governor to 5 state-wide at large seats; removes funding ability for water reservoirs and requires oversight and final approval by the Erosion and Sediment Control Overview Council.
Council Position:  Evaluating

Senate Bills

Senate Bill 2: Competencies and Core Curriculum in Elementary and Secondary Education
Sponsor: Senator Lindsey Tippins (R)
Senate Committee: Education
House Committee: Education
Status: Passed Senate on February 3rd
To read analysis of this legislation, click HERE 
Council Position: Support

Senate Bill 4: Surface Transportation Projects in Urban Redevelopment Areas
Sponsor: Senator Steve Gooch (R)
Senate Committee: Economic Development
Status: Senate Read Second Time
This bill allows for surface transportation projects in Urban Redevelopment Areas. It also expands the projects that fall under the urban redevelopment provisions to include transit facilities and improvements, sidewalks, streetscapes, trails and bicycle facilities.
Council Position: Support

Senate Bill 36: Prohibits Aquifers in Certain Coastal Counties
Sponsor: Senator William Ligon
Senate Committee: Natural Resources
Status: Tabled in Committee
This bill would prohibit the use of water aquifers in 11 coastal counties. While this has a local impact as of now, the Council has concerns this could have state-wide implications.
Council Position: Oppose

Senate Bill 59: "Partnership for Public Facilities and Infrastructure Act"
Sponsor: Senator Hunter Hill (R)
Senate Committee: Economic Development
Status: In Senate Committee

The bill would amend Georgia law to allow for public agencies to engage with private-sector parties in public-private partnerships to meet current and future needs for government facilities and infrastructure. This would allow private firms to submit unsolicited proposals for projects that have been identified as a public needs.

Council Position: Support

 

Senate Bill 85: Development Authorities

Sponsor: Senator Brandon Beach (R)

Senate Committee: Economic Development

Status: Senate Read and Referred 

This bill is intended to rectify an internal inconsistency within the definition of "Project" in the Development Authorities Law (the "Law").  This definition in the current version of the Law contains both a lengthy listing of categories of allowable projects, as well as a broad discretionary provision, which was included as a subsequent addition to the law in order for this definition to mirror the comparable provision in the Downtown Development Authorities Law.  

 

By deleting the older specific definitional provisions, while retaining the general discretionary provision already in the Law, Senate Bill 85 would eliminate unnecessary confusion and debate, without seeking to change past practices or expand or reduce any development authority powers.

Council Position: Support

 

Senate Bill 101: Soil Erosion and Sedimentation

Sponsor: Senator Ben Watson (R)

Senate Committe: Natural Resources

Status: In Senate Committee 

The bill provides for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited." The buffer would be measured in the same way the 25-foot buffer is laid out in the Coastal Marshlands Protection Act, with a few exceptions established.

Council Position: Support

 

Senate Resolution 43: Senate Special Tax Exemption Study Committee

Sponsor:  Senator John Albers (R)

Senate Committee: Finance

Status: Senate Read and Referred 

This bill creates a Study Committee to examine the current state tax exemptions and the impact had on the Georgia economy, to understand their value and assess which exemptions help stimulate the state's economy and benefit all Georgians through job creation.

Council Position: Evaluating

February 20, 2015

The Council for Quality Growth | 770-813-3370 | [email protected] 
http://www.councilforqualitygrowth.org
5901-C Peachtree Dunwoody Road
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Atlanta, GA 30328