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2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
LEGISLATIVE UPDATE
Friday, April 4, 2008
40th DAY – Sine Die
The 2008 General Assembly adjourned at midnight on Friday amid a flurry of activity. From our perspective, the long and short of it is: the State Water Plan resolution was approved (early), Home Inspectors will be licensed (with appropriate language to protect engineers), a grant program was created for water supply reservoirs, a transportation infrastructure bank was created at SRTA, technical changes were made to the state lien law, and a step was made toward energy efficient state buildings.
What did not happen was passage of SR 845/HB 1035; the proposed constitutional amendment (CA) and enabling legislation to authorize a statewide referendum on whether the public should have the chance to vote on a regional 1% sales tax for transportation purposes. Competing bills passed in both chambers last week and a conference committee worked late into the night on Friday. HB 1035 was used as a legislative vehicle for certain features that were not in the CA. The Governor may veto legislation, but not a CA. In the end, both HB 1035 and SR 845 passed the House (the CA requires a 2/3s majority and the bill a simple majority). In the Senate, the CA received 35 votes, 3 votes short. Upon a motion for reconsideration, the CA still only received 35 votes (at 4 minutes until midnight) and failed.
As disappointing as this is, it is remarkable that this initiative moved so far in an election year and in the face of opposition from the Governor. The Get Georgia Moving coalition “held” throughout the battles and demonstrated the power of working together on urgent issues. The transportation funding problem will not go away. We have a little less than one year to fix it in the 2009 session.
Below is a list of bills that passed the General Assembly and are on their way to the Governor for his consideration (veto/signature):
Transportation
HB 77
amends the law governing “red-light cameras” to require DOT approval and
a demonstration
by a traffic engineering study that the camera is placed solely for safety
purposes.
HB 1019 establishes the Transportation Infrastructure Bank at SRTA.
HB 1189 requires DOT to prepare a statewide strategic transportation plan. .
SB 417 requires DOT to publish project benchmarks, report on progress, and VE projects over $10 million.
Resolutions that urge (but do not mandate) some transportation action:
HR1631 -construction of the Macon-Atlanta-Athens commuter rail line (passed House)
SR 750 - discontinuation of federal gas tax so states can collect it (passed House & Sen.)
SR 781 - DOT prepare a
state-wide strategic transportation plan, which includes PPIs,
HOT lanes,
concessions, and transit. (passed House &
Sen.)
SR 842 - construction of a maglev from the Airport to Chattanooga (passed Sen.)
SR 1047 - consolidation of barns and road maintenance operations (passed House & Sen.)
SR 1060 - DOT reports to the
legislature on disposal of county maintenance
barns, expenditures on road maintenance, and bridge inspection, maintenance,
and conditions. (passed House & Sen.)
Water
HB 1226 creates Water Supply Division at GEFA and
authorizes grants/loans for water
supply reservoirs.
HB 1281 prohibits local governments from imposing more
restrictive water conservation
measures than those imposed by EPD and does not allow restrictions on
filling swimming
pools and certain outdoor water use.
HR 1022 approves the State Water Plan (already signed by the Governor)
SB 352 allows legislative oversight of DNR rules that do not originate in federal rules.
SB 463 permits grey water reuse for outside purposes.
SB 466 exempts swimming pools and car washes from water conservation rules.
Other
HB 374 makes technical changes to the lien law.
HB 1216 reduces the number of RDCs to 12 and renames them ‘regional commissions.’
HB 1217 establishes licensure for home inspectors; includes language that protects PEs.
SB 130 includes HB 1125; the “Energy Efficiency and Sustainable Construction Act of
2008”. It directs DCA to adopt policies and procedures for State-funded
buildings related (primarily) to energy efficiency. ‘Major’ state buildings may
exceed ASHRAE 90.1 by 30% where it is determined to be cost-effective based
on no more than a 10-year payback. A PE must certify such analysis.
You may go to www.legis.state.ga.us to look at specific bills and their status. You can also do word searches. If there are specific bills/issues that should be tracked, please contact the Legislative Coalition.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
LEGISLATIVE UPDATE
Friday, March 28, 2008
36th DAY
The General Assembly has four days left in 2008. They will be in session M-T-W next week, are off Thursday, and the 40th day is Friday, April 4th.
BIG DEAL OF THE WEEK
SR 845 (1% sales tax for regional transportation projects) passed the House yesterday with a 136-35 margin (120 votes needed to carry the 2/3s majority). The measure goes to conference committee to work out differences. Hopefully, the resulting version can garner, again, the requisite 2/3s majority in both houses.
On issues we have been tracking:
Home Inspector Licensing. No change this week. See HB 1217 and SB 485. These bills are almost the same, and have a very good chance of being reconciled in conference committee.
Lien Law. No change this week. No change this week. see SB 374.
Water. Both HB 1226 and HB128 passed the House last week and cleared a Senate Committee this week. HB 1226 creates the Water Supply Division in GEFA and focuses on implementing reservoirs. HB 1281 would prohibit local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
Transportation. See remarks above on SR 845. HR 1019 passed the Senate this week (and the House previously). It establishes the Infrastructure Bank at SRTA. HB 1189 cleared the Senate Committee this week (previously passed the House) – it requires a statewide, transportation strategic plan. A number of other transportation bills have passed one or the other chamber that seek to implement elements of the Transportation Funding Study Committee, are waiting for action. It could be a fast finish next week.
Tax on Services. The Speaker’s tax reduction plan passed the House and a different version passed the Senate. It seems something will pass, but neither version contains the expanded sales tax on services.
The Legislative Update is emailed each week of the session. Please distribute it to members of your association who have an interest in “engineer” issues. Also, look for occasional “Urgent Action” alerts when you will be asked to call on your elected leaders and let them know your opinion on a particular issue.
Finally, please let the Legislative Coalition know if there are issues that you think would be of interest to Georgia Engineers.
You may go to www.legis.state.ga.us to look at specific bills and their status. You can also do word searches. If there are specific bills/issues that should be tracked, please contact the Legislative Coalition.
Summary Status of Closely Monitored Bills
As bills are introduced, the ones of interest will be summarized in this
section of the Update.
HOUSE BILLS
HB 77 Passed House and Senate – minor differences expected to be resolved; amends the law governing “red-light cameras” to require DOT approval and a demonstration by a traffic engineering study that the camera is placed solely for safety purposes.
HB 1019 Passed the House and Senate; creates the Georgia Transportation Infrastructure Bank at SRTA
HB 1035 Passed House and approved by Senate Committee; extends the date from 2008 to 2011 for the exemption from motor fuel tax for transit and campus shuttles
HB 1123 Passed House; requires DOT progress reports to the General Assembly on road And bridge maintenance.
HB 1124 Passed House; changes the basis for selecting winning D-B proponents to ‘best value’, eliminates the 15% cap, and sets phased minimums for D-B (5% by 2010 and 10% by 1012).
HB 1125 not moving; the “Energy Efficiency and Sustainable Construction Act of
2008”. It directs GBA to adopt policies and procedures for state funded
buildings related to (primarily) energy efficiency. ‘Major’ state buildings must
exceed ASHRAE 90.1 by 30% where it is determined to be cost-effective based
on no more than a 10-year payback. Such analysis must be certified by a PE.
HB 1139 not moving; details the procedures for the 1% sales tax for transportation purposes that would be authorizes if the constitutional amendment authorized in HR 1226 is approved. SR 845 (as amended) as effectively replaced these measures.
HB 1189 Passed House and approved by Senate Committee; requires GDOT to submit a draft statewide strategic plan to the General Assembly by the end of 2008 and a final plan by May 2009
HB 1200 not moving; exempts public works construction projects by “development authorities” from the requirements of the local government bid law.
HB 1217 Passed House and approved by Senate Committee; creates the Home Inspector licensing board and attaches it to the Secretary of State’s Office
HB 1226 Passed House and approved by Senate Committee; creates the Water Supply Division in DNR and the Water Resources Division in GEFA. The bill focuses on direct implementation of water
supply reservoirs by the Water Supply Division and their financing by the Water Resources Division of GEFA. This is a dense, 38-page bill.
HB 1281 Passed House and approved by Senate Committee; prohibits local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
HOUSE RESOLUTIONS
HR 1022 Approved/signed by Governor; approves the State Water Plan (same as SR 701)
HR 1226 not moving; authorizes a statewide referendum on a 1% sales tax for transportation (see HB1139 which would detail the procedures to implement this constitutional amendment)
HR 1246 Passed House and Senate, but different versions; this was originally the Speaker’s tax reduction plan. It has been much amended from the original plan to replace local property tax with a sales tax.
HR 1273 not moving; authorizes a referendum to amend the constitution to direct the “4th penny” of the sales tax on gas to ‘transportation purposes’. This concept has been added to SR 845 by amendment.
SENATE BILLS
SB 332 Passed the Senate. The bill allows MARTA to extend its system to new areas through a service contract with the host county.
SB 334 not moving; creates the home inspector licensing board (see HB 1217 and SB 485)
SB 342 Passed the Senate and House committee. “Water Conservation and Drought Relief Act”. Authorizes the State Soil and Water Conservation Commission to fund up to 20% of the cost to convert old SCS ponds to water supply reservoirs and up to 40% for new water supply reservoirs. Directs EPD to take a few steps to streamline the permitting process for new reservoirs. ($40 million in the Supplemental Budget passed by the House)
SB 351 Passed the Senate. It establishes the joint State-wide Water Planning Oversight Committee.
SB 352 Approved and sent to the Governor. Heretofore, the General Assembly did not have oversight authority for DNR adoption of rules/regulations. This originated when such rules were motivated by federal rules and the state had to be consistent with them to retain delegated authority. SB 352 allows legislative oversight of DNR rules which do not originate in federal rules.
SB 374 Passed the Senate. Provides clarity in the procedures associated with mechanics and materialman Liens; which include engineers.
SB 402 Passed the Senate; creates the Georgia Coordinating Council for Rural and Human Services Transportation
SB 410 Passed the Senate and favorable report by House Committee. It sets up the state congestion relief fund at SRTA for CID-sponsored projects.
SB 411 Passed the Senate. “Transportation Alternative Delivery Act”. It allows DOT to use any of 4 alternative project delivery methods and authorizes DOT to promulgate rules related to each. The current “Design-Build” legislation is basically deleted. The methods are: competitive sealed bids, competitive sealed proposals, construction management at risk, and design-build.
SB 417 Passed the Senate and favorable report by House Committee; requires DOT to publish project benchmarks, report on progress, and VE projects over $10 million
SB 420 Passed the Senate; prohibits EPD fines for DOT for erosion/sedimentation control violations
SB 463 Passed the Senate and House; sent to Governor. Permits “grey water” reuse, but sets limits to protect health
SB 485 Passed the Senate; creates the Home Inspector Licensing Board (the same as HB 1217)
SENATE RESOLUTIONS
SR 701 Approved – approves the State Water Plan (same as HR 1022)
SR 781 Passed the Senate and cleared House committee; urges DOT to prepare a state-wide strategic transportation plan, which includes PPIs, HOT lanes, concessions, and transit.
SR 842 Passed the Senate and favorable report by House Committee; urges construction of a maglev from the Airport to Chattanooga
SR 845 Passed the Senate and House; in Conference Committee. It authorizes a referendum on a statewide 1% sales tax for transportation purposes
SR 863 not moving; authorizes a vote on a constitutional amendment to direct tax on aviation and railroad fuel to improving railroads and airports.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
LEGISLATIVE UPDATE
Thursday, March 20, 2008
34th DAY
The General Assembly was in session Tues-Wed-Thurs this week and has adjourned until next Thursday, March 27th. Much of this week was devoted to tax and budget matters. The supplemental budget (for the fiscal year that ends in June) was approved by both chambers and sent to the Governor for signature……this may lead to veto/override/high-level acrimony. The one-week recess allows time for negotiations over the new budget (next fiscal year).
BIG DEAL OF THE WEEK
SR 845 (1% sales tax for regional transportation projects) has made remarkable progress and is scheduled for a floor vote in the House on Thursday of next week! It was amended in House Rules Committee to (1) include a provision for a county to “opt-out” of the 1% tax, (2) direct the “4th penny” of the sales tax on gas to transportation purposes (it now goes to the general fund), and (3) exempts non road fuel use from the sales tax (e.g., off road vehicles, trains, and aviation).
In addition, HB 77 – the “red light” bill - was taken
off the table and was passed by the Senate – it was previously passed by the
House.
On other matters of interest.
Home Inspector Licensing. No change this week. HB 1217 passed the House, and SB 485 passed the Senate. These bills are almost the same, and have a very good chance of being reconciled in conference and becoming law.
Lien Law. No change this week SB 374 has passed the Senate and awaits action in the House.
Water. SB 463 passed the House and has been sent to the Governor for signature – it permits grey water reuse. Also, SB 352 has been approved and sent to the Governor – it allows General Assembly veto certain DNR rules. No change this week regarding HB 1226 and HB128; both passed the House and await action in the Senate. HB 1226 creates the Water Supply Division in GEFA and focuses on implementing reservoirs. HB 1281 would prohibit local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
Transportation. See remarks above on SR 845. SB 410, which sets up a congestion relief fund at SRTA, moved closer to law when it was approved by the House Transportation Committee. SB 417, which addresses VE in more transportation projects and requires performance benchmarks for delivering projects, was “favorably reported” by the House Transportation Committee. Other transportation bills did not move this week. Since many have already passed in one chamber or the other and seem to have support, there could be a fast finish in the final 5 days of the session.
Tax on Services.
The Speaker’s tax reduction plan passed the House and is at the Senate. The
Senate is considering its own tax reduction plan (lower the state income tax
rate). The Governor is dismissive of both; neither imposes an expanded
sales tax on services.
Energy & Water
Conservation/Sustainability.
The
Energy Efficiency and Sustainable Construction Act of 2008 (HB 1125) is dead
for the session.
The Legislative Update is emailed each week of the session.
Please distribute it to members of your association who have an interest in
“engineer” issues. Also, look for occasional “Urgent Action” alerts when
you will be asked to call on your elected leaders and let them know your
opinion on a particular issue.
Finally, please let the Legislative Coalition know if there are issues that you think would be of interest to Georgia Engineers.
You may go to www.legis.state.ga.us to look at specific bills and their status. You can also do word searches. If there are specific bills/issues that should be tracked, please contact the Legislative Coalition.
Summary Status of Closely Monitored Bills
As bills are introduced, the ones of interest will be summarized in this
section of the Update.
HOUSE BILLS
HB 77 Passed House and Senate – minor differences expected to be resolved; amends the law governing “red-light cameras” to require DOT approval and a demonstration by a traffic engineering study that the camera is placed solely for safety purposes.
HB 890 not moving; provides that the penalty for running a red light when caught by a camera will be $50.00 rather than the current $70.00.
HB 892 not moving;; eliminates the ability of the police to use cameras to catch vehicles running a red light by deleting the code section on red light cameras.
HB 979 not moving; This is the Speaker’s bill to replace the tax on property
for School Districts with a much expanded sales tax on services (the measure also
contains language to limit property tax increases).
HB 1019 Passed the House; creates the Georgia Transportation Infrastructure Bank at SRTA
HB 1035 Passed House; extends the date from 2008 to 2011 for the exemption from motor fuel tax for transit and campus shuttles
HB 1123 Passed House; requires DOT progress reports to the General Assembly on road And bridge maintenance.
HB 1124 Passed House; changes the basis for selecting winning D-B proponents to ‘best value’, eliminates the 15% cap, and sets phased minimums for D-B (5% by 2010 and 10% by 1012).
HB 1125 not moving; the “Energy Efficiency and Sustainable Construction Act of
2008”. It directs GBA to adopt policies and procedures for state funded
buildings related to (primarily) energy efficiency. ‘Major’ state buildings must
exceed ASHRAE 90.1 by 30% where it is determined to be cost-effective based
on no more than a 10-year payback. Such analysis must be certified by a PE.
HB 1139 not moving; details the procedures for the 1% sales tax for transportation purposes that would be authorizes if the constitutional amendment authorized in HR 1226 is approved. SR 845 (as amended) as effectively replaced these measures.
HB 1189 Passed House; requires GDOT to submit a draft statewide strategic plan to the General Assembly by the end of 2008 and a final plan by May 2009
HB 1200 not moving; exempts public works construction projects by “development authorities” from the requirements of the local government bid law.
HB 1217 Passed House; creates the Home Inspector licensing board and attaches it to the Secretary of State’s Office
HB 1226 Passed House; creates the Water Supply Division in DNR and the Water Resources Division in GEFA. The bill focuses on direct implementation of water supply reservoirs by the Water Supply Division and their financing by the Water Resources Division of GEFA. This is a dense, 38-page bill.
HB 1281 Passed House; prohibits local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
HOUSE RESOLUTIONS
HR 1022 Approved/signed by Governor; approves the State Water Plan (same as SR 701)
HR 1226 not moving; authorizes a statewide referendum on a 1% sales tax for transportation (see HB1139 which would detail the procedures to implement this constitutional amendment)
HR 1246 Passed House; the Speaker’s tax reduction plan. It has been much amended from the original plan to replace local property tax with a sales tax.
HR 1273 not moving; authorizes a referendum to amend the constitution to direct the “4th penny” of the sales tax on gas to ‘transportation purposes’. This concept has been added to SR 845 by amendment in House Rules Committee.
SENATE BILLS
SB 332 Passed the Senate. The bill allows MARTA to extend its system to new areas through a service contract with the host county.
SB 334 not moving; creates the home inspector licensing board (see HB 1217 and SB 485)
SB 342 Passed the Senate and House committee. “Water Conservation and Drought Relief Act”. Authorizes the State Soil and Water Conservation Commission to fund up to 20% of the cost to convert old SCS ponds to water supply reservoirs and up to 40% for new water supply reservoirs. Directs EPD to take a few steps to streamline the permitting process for new reservoirs. ($40 million in the Supplemental Budget passed by the House)
SB 351 Passed the Senate. It establishes the joint State-wide Water Planning Oversight Committee.
SB 352 Approved and sent to the Governor. Heretofore, the General Assembly did not have oversight authority for DNR adoption of rules/regulations. This originated when such rules were motivated by federal rules and the state had to be consistent with them to retain delegated authority. SB 352 allows legislative oversight of DNR rules which do not originate in federal rules.
SB 374 Passed the Senate. Provides clarity in the procedures associated with mechanics and materialman Liens; which include engineers.
SB 402 Passed the Senate; creates the Georgia Coordinating Council for Rural and Human Services Transportation
SB 410 Passed the Senate and favorable report by House Committee. It sets up the state congestion relief fund at SRTA for CID-sponsored projects.
SB 411 Passed the Senate. “Transportation Alternative Delivery Act”. It allows DOT to use any of 4 alternative project delivery methods and authorizes DOT to promulgate rules related to each. The current “Design-Build” legislation is basically deleted. The methods are: competitive sealed bids, competitive sealed proposals, construction management at risk, and design-build.
SB 417 Passed the Senate and favorable report by House Committee; requires DOT to publish project benchmarks, report on progress, and VE projects over $10 million
SB 420 Passed the Senate; prohibits EPD fines for DOT for erosion/sedimentation control violations
SB 463 Passed the Senate. Permits “grey water” reuse, but sets limits to protect health
SB 485 Passed the Senate; creates the Home Inspector Licensing Board (the same as HB 1217)
SENATE RESOLUTIONS
SR 701 Approved – approves the State Water Plan (same as HR 1022)
SR 750 Passed the Senate. It urges the federal government to cease collection of gas taxes in Georgia and direct the money directly to the state.
SR 781 Passed the Senate and cleared House committee; urges DOT to prepare a state-wide strategic transportation plan, which includes PPIs, HOT lanes, concessions, and transit.
SR 842 Passed the Senate and favorable report by House Committee; urges construction of a maglev from the Airport to Chattanooga
SR 845 Passed the Senate and cleared House Rules committee. It authorizes a referendum on a statewide 1% sales tax for transportation purposes
SR 863 not moving; authorizes a vote on a constitutional amendment to direct tax on aviation and railroad fuel to improving railroads and airports.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
LEGISLATIVE UPDATE
Thursday, March 20, 2008
34th DAY
The General Assembly was in session Tues-Wed-Thurs this week and has adjourned until next Thursday, March 27th. Much of this week was devoted to tax and budget matters. The supplemental budget (for the fiscal year that ends in June) was approved by both chambers and sent to the Governor for signature……this may lead to veto/override/high-level acrimony. The one-week recess allows time for negotiations over the new budget (next fiscal year).
BIG DEAL OF THE WEEK
SR 845 (1% sales tax for regional transportation projects) has made remarkable progress and is scheduled for a floor vote in the House on Thursday of next week! It was amended in House Rules Committee to (1) include a provision for a county to “opt-out” of the 1% tax, (2) direct the “4th penny” of the sales tax on gas to transportation purposes (it now goes to the general fund), and (3) exempts non road fuel use from the sales tax (e.g., off road vehicles, trains, and aviation).
In addition, HB 77 – the “red light” bill - was taken
off the table and was passed by the Senate – it was previously passed by the
House.
On other matters of interest.
Home Inspector Licensing. No change this week. HB 1217 passed the House, and SB 485 passed the Senate. These bills are almost the same, and have a very good chance of being reconciled in conference and becoming law.
Lien Law. No change this week SB 374 has passed the Senate and awaits action in the House.
Water. SB 463 passed the House and has been sent to the Governor for signature – it permits grey water reuse. Also, SB 352 has been approved and sent to the Governor – it allows General Assembly veto certain DNR rules. No change this week regarding HB 1226 and HB128; both passed the House and await action in the Senate. HB 1226 creates the Water Supply Division in GEFA and focuses on implementing reservoirs. HB 1281 would prohibit local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
Transportation. See remarks above on SR 845. SB 410, which sets up a congestion relief fund at SRTA, moved closer to law when it was approved by the House Transportation Committee. SB 417, which addresses VE in more transportation projects and requires performance benchmarks for delivering projects, was “favorably reported” by the House Transportation Committee. Other transportation bills did not move this week. Since many have already passed in one chamber or the other and seem to have support, there could be a fast finish in the final 5 days of the session.
Tax on Services.
The Speaker’s tax reduction plan passed the House and is at the Senate. The
Senate is considering its own tax reduction plan (lower the state income tax
rate). The Governor is dismissive of both; neither imposes an expanded
sales tax on services.
Energy & Water Conservation/Sustainability. The Energy Efficiency and Sustainable Construction Act of 2008 (HB 1125) is dead for the session.
The Legislative Update is emailed each week of the session. Please distribute it to members of your association who have an interest in “engineer” issues. Also, look for occasional “Urgent Action” alerts when you will be asked to call on your elected leaders and let them know your opinion on a particular issue.
Finally, please let the Legislative Coalition know if there are issues that you think would be of interest to Georgia Engineers.
You may go to www.legis.state.ga.us to look at specific bills and their status. You can also do word searches. If there are specific bills/issues that should be tracked, please contact the Legislative Coalition.
Summary Status of Closely Monitored Bills
As bills are introduced, the ones of interest will be summarized in this section of the Update.
HOUSE BILLS
HB 77 Passed House and Senate – minor differences expected to be resolved; amends the law governing “red-light cameras” to require DOT approval and a demonstration by a traffic engineering study that the camera is placed solely for safety purposes.
HB 890 not moving; provides that the penalty for running a red light when caught by a camera will be $50.00 rather than the current $70.00.
HB 892 not moving;; eliminates the ability of the police to use cameras to catch vehicles running a red light by deleting the code section on red light cameras.
HB 979 not moving; This is the Speaker’s bill to replace the tax on property for School Districts with a much expanded sales tax on services (the measure also contains language to limit property tax increases).
HB 1019 Passed the House; creates the Georgia Transportation Infrastructure Bank at SRTA
HB 1035 Passed House; extends the date from 2008 to 2011 for the exemption from motor fuel tax for transit and campus shuttles
HB 1123 Passed House; requires DOT progress reports to the General Assembly on road And bridge maintenance.
HB 1124 Passed House; changes the basis for selecting winning D-B proponents to ‘best value’, eliminates the 15% cap, and sets phased minimums for D-B (5% by 2010 and 10% by 1012).
HB 1125 not moving; the “Energy Efficiency and Sustainable Construction Act of
2008”. It directs GBA to adopt policies and procedures for state funded
buildings related to (primarily) energy efficiency. ‘Major’ state buildings must
exceed ASHRAE 90.1 by 30% where it is determined to be cost-effective based
on no more than a 10-year payback. Such analysis must be certified by a PE.
HB 1139 not moving; details the procedures for the 1% sales tax for transportation purposes that would be authorizes if the constitutional amendment authorized in HR 1226 is approved. SR 845 (as amended) as effectively replaced these measures.
HB 1189 Passed House; requires GDOT to submit a draft statewide strategic plan to the General Assembly by the end of 2008 and a final plan by May 2009
HB 1200 not moving; exempts public works construction projects by “development authorities” from the requirements of the local government bid law.
HB 1217 Passed House; creates the Home Inspector licensing board and attaches it to the Secretary of State’s Office
HB 1226 Passed House; creates the Water Supply Division in DNR and the Water Resources Division in GEFA. The bill focuses on direct implementation of water supply reservoirs by the Water Supply Division and their financing by the Water Resources Division of GEFA. This is a dense, 38-page bill.
HB 1281 Passed House; prohibits local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
HOUSE RESOLUTIONS
HR 1022 Approved/signed by Governor; approves the State Water Plan (same as SR 701)
HR 1226 not moving; authorizes a statewide referendum on a 1% sales tax for transportation (see HB1139 which would detail the procedures to implement this constitutional amendment)
HR 1246 Passed House; the Speaker’s tax reduction plan. It has been much amended from the original plan to replace local property tax with a sales tax.
HR 1273 not moving; authorizes a referendum to amend the constitution to direct the “4th penny” of the sales tax on gas to ‘transportation purposes’. This concept has been added to SR 845 by amendment in House Rules Committee.
SENATE BILLS
SB 332 Passed the Senate. The bill allows MARTA to extend its system to new areas through a service contract with the host county.
SB 334 not moving; creates the home inspector licensing board (see HB 1217 and SB 485)
SB 342 Passed the Senate and House committee. “Water Conservation and Drought Relief Act”. Authorizes the State Soil and Water Conservation Commission to fund up to 20% of the cost to convert old SCS ponds to water supply reservoirs and up to 40% for new water supply reservoirs. Directs EPD to take a few steps to streamline the permitting process for new reservoirs. ($40 million in the Supplemental Budget passed by the House)
SB 351 Passed the Senate. It establishes the joint State-wide Water Planning Oversight Committee.
SB 352 Approved and sent to the Governor. Heretofore, the General Assembly did not have oversight authority for DNR adoption of rules/regulations. This originated when such rules were motivated by federal rules and the state had to be consistent with them to retain delegated authority. SB 352 allows legislative oversight of DNR rules which do not originate in federal rules.
SB 374 Passed the Senate. Provides clarity in the procedures associated with mechanics and materialman Liens; which include engineers.
SB 402 Passed the Senate; creates the Georgia Coordinating Council for Rural and Human Services Transportation
SB 410 Passed the Senate and favorable report by House Committee. It sets up the state congestion relief fund at SRTA for CID-sponsored projects.
SB 411 Passed the Senate. “Transportation Alternative Delivery Act”. It allows DOT to use any of 4 alternative project delivery methods and authorizes DOT to promulgate rules related to each. The current “Design-Build” legislation is basically deleted. The methods are: competitive sealed bids, competitive sealed proposals, construction management at risk, and design-build.
SB 417 Passed the Senate and favorable report by House Committee; requires DOT to publish project benchmarks, report on progress, and VE projects over $10 million
SB 420 Passed the Senate; prohibits EPD fines for DOT for erosion/sedimentation control violations
SB 463 Passed the Senate. Permits “grey water” reuse, but sets limits to protect health
SB 485 Passed the Senate; creates the Home Inspector Licensing Board (the same as HB 1217)
SENATE RESOLUTIONS
SR 701 Approved – approves the State Water Plan (same as HR 1022)
SR 750 Passed the Senate. It urges the federal government to cease collection of gas taxes in Georgia and direct the money directly to the state.
SR 781 Passed the Senate and cleared House committee; urges DOT to prepare a state-wide strategic transportation plan, which includes PPIs, HOT lanes, concessions, and transit.
SR 842 Passed the Senate and favorable report by House Committee; urges construction of a maglev from the Airport to Chattanooga
SR 845 Passed the Senate and cleared House Rules committee. It authorizes a referendum on a statewide 1% sales tax for transportation purposes
SR 863 not moving; authorizes a vote on a constitutional amendment to direct tax on aviation and railroad fuel to improving railroads and airports.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
Special LEGISLATIVE UPDATE
Transportation Funding
Action Alert
Friday, March 14, 2008
ACTION: Please contact your legislator in the House of Representatives and urge him/her to vote “yes” on SR 845 to provide enhanced transportation funding. A vote on the measure may be set for next week, so please act now.
Go to www.getgeorgiamoving.com and click on “Contact your Lawmaker” at the top of the homepage. The Get Georgia Moving web site has a system to send a relevant message to your legislator. It is very easy to do and vitally important.
Background
The Senate has already approved SR 845 by a 51-4 vote. The House initially proposed a somewhat different approach. Both centered on approval of an amendment to the Georgia Constitution to allow a 1% sales tax dedicated to regional transportation purposes. This week the House Transportation Committee considered SR 845 and approved a committee substitute by a strong majority. The House Transportation committee sub incorporates many of the best features in both of the original bills. The committee substitute includes the following:
· On/after 7/1/09 a sales tax of up to 1%, limited to a specific period of time, may be levied in a regional commission area, to fund transportation purposes.
· Purposes include roads, rail, bridges, airports, public transit, seaports, and may include capital and maintenance.
· If the Legislature adopts SR 845 by two-thirds majority, a constitutional amendment will be on the statewide ballots 11/04/08.
· If a majority of voters approve this statewide referendum, then a regional commission can develop a list of transportation purposes/projects and put it on a future ballot for a regional referendum.
· Any regional referendum will specify a project list, cost estimates, amount to be raised through the1% sales tax, and the number of years it is imposed.
· 100% of sales tax proceeds go to transportation purposes in that district (regional commission).
________________________
If you want to read the legislation, go to www.legis.state.ga.us . If you want to know the name of your Senator or Representative, go to www.votesmart.org/index.htm. You will have to type in your 9-digit zip code….if you do not know it, the same web site leads you to where you can find it. When you find the name of your legislator, go to www.legis.state.ga.us where you can locate contact information. For more on the Get Georgia Moving Coalition, go to www.getgeorgiamoving.com
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
SR845 House Sub March 12, 2008
House Transportation Substitute to SR 845 Provisions:
-
On/after 7/1/09 sales tax of up to 1%, limited to a specific period of
time, may be levied in a regional commission area, to fund transportation
purposes.
-
Purposes include roads, rail, bridges, airports, public transit, seaports,
and may include capital and maintenance.
-
If
Legislature adopts SR 845 by two-thirds majority, constitutional amendment
will be on the statewide ballots 11/04/08.
-
If
majority of voters approve this statewide referendum, then a regional
commission can develop a list of transportation purpose and put it on a
future ballot for regional referendum.
-
Regional referendum will specify project list, cost estimates, amount to
be raised through 1% sales tax over x years.
- 100% of sales tax proceeds go to transportation purposes in that district (regional commission).
Immediate Action Needed by GEA Members:
-
Contact
your state representative and urge Yes vote on SB 845 when it is on House
agenda week of March 17.
-
Use
www.getgeorgiamoving.com, click on Contact Your Legislator, and send
him/her an email message, or personalize your own.
-
Convince friends, family, coworkers to use this website and contact their
legislators.
- Act now!
LEGISLATIVE UPDATE
Wednesday, March 12, 2008
31st DAY
The General Assembly will be in session on Tues-Wed-Thurs next week (March 18-20) and on Thursday, March 27th (which will be Day 35). Cross-over day (Day 30) was Tuesday; a bill must pass in one chamber by that day for it to be considered by the other chamber. This deadline provides a little better clarity on which bills may actually pass and which are dead for the session.
The big deal for next week is expected to be a vote on SR 845, which would authorize a vote on a 1% sales tax for regional transportation projects. The Coalition supports SR 845.
Home Inspector Licensing. HB 1217 passed the House, and SB 485 passed the Senate. These bills are almost the same, and have a very good chance of being reconciled in conference and becoming law.
Lien Law. SB 374 has passed the Senate and awaits action in the House.
Water. HB 1226 and HB1281passed the House and await action in the Senate. HB 1226 creates the Water Supply Division in GEFA and focuses on implementing reservoirs. HB 1281 would prohibit local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
Transportation. SR 845, which was approved in
the Senate, was approved in House Committee (with extensive amendments).
SR 845 authorizes a vote on a constitutional amendment to allow a 1% sales
tax for regional transportation projects. HB 1139 and HR 1226, which also
would have authorized a 1% sales tax for transportation, have effectively
been abandoned in lieu of SR 845. The House amendments to SR 845 are much
closer to the “hybrid” version that has been advocated by the Get Georgia
Moving Coalition.
Red-Light Cameras. There was a dust-up over HB 77 on the Senate floor
this week. The bill requires DOT approval of all cameras and verification
by a traffic engineering study that it is placed for safety purposes. HB 77
has passed the House and was up for a vote in the Senate. A number of
amendments were offered and the Lt. Gov. expressed his frustration with
them. The bill was tabled and not voted on.
Tax on Services.
The Speaker’s tax reduction plan has been much amended, but passed the
House. HR 1246, if approved by the voters would eliminate the car tag tax
and cap property assessments by local governments.
Energy & Water Conservation/Sustainability. The Energy Efficiency and Sustainable Construction Act of 2008 (HB 1125) did not pass the House by cross-over day and is not expected to move this year.
The Legislative Update is emailed each week of the session. Please distribute it to members of your association who have an interest in “engineer” issues. Also, look for occasional “Urgent Action” alerts when you will be asked to call on your elected leaders and let them know your opinion on a particular issue.
Finally, please let the Legislative Coalition know if
there are issues that you think would be of interest to Georgia Engineers.
You may go to www.legis.state.ga.us to look at specific bills and their status. You can also do word searches. If there are specific bills/issues that should be tracked, please contact the Legislative Coalition.
Summary Status of Closely Monitored Bills
As bills are introduced, the ones of interest will be summarized in this
section of the Update.
HOUSE BILLS
HB 77 Passed House; tabled in Senate; amends the law governing “red-light cameras” to require DOT approval and a demonstration by a traffic engineering study that the camera is placed solely for safety purposes.
HB 890 not moving; provides that the penalty for running a red light when caught by a camera will be $50.00 rather than the current $70.00.
HB 892 not moving;; eliminates the ability of the police to use cameras to catch vehicles running a red light by deleting the code section on red light cameras.
HB 979 not moving; This is the Speaker’s bill to replace the tax on property for School Districts with a much expanded sales tax on services (the measure also contains language to limit property tax increases).
HB 1019 Passed the House; creates the Georgia Transportation Infrastructure Bank at SRTA
HB 1035 Passed House; extends the date from 2008 to 2011 for the exemption from motor fuel tax for transit and campus shuttles
HB 1123 Passed House; requires DOT progress reports to the General Assembly on road And bridge maintenance.
HB 1124 Passed House; changes the basis for selecting winning D-B proponents to ‘best value’, eliminates the 15% cap, and sets phased minimums for D-B (5% by 2010 and 10% by 1012).
HB 1125 not moving; the “Energy Efficiency and Sustainable Construction Act of
2008”. It directs GBA to adopt policies and procedures for state funded
buildings related to (primarily) energy efficiency. ‘Major’ state buildings must
exceed ASHRAE 90.1 by 30% where it is determined to be cost-effective based
on no more than a 10-year payback. Such analysis must be certified by a PE.
HB 1139 not moving; details the procedures for the 1% sales tax for transportation purposes that would be authorizes if the constitutional amendment authorized in HR 1226 is approved. SR 845 (as amended) as effectively replaced these measures.
HB 1189 Passed House; requires GDOT to submit a draft statewide strategic plan to the General Assembly by the end of 2008 and a final plan by May 2009
HB 1200 not moving; exempts public works construction projects by “development authorities” from the requirements of the local government bid law.
HB 1217 Passed House; creates the Home Inspector licensing board and attaches it to the Secretary of State’s Office
HB 1226 Passed House; creates the Water Supply Division in DNR and the Water Resources Division in GEFA. The bill focuses on direct implementation of water supply reservoirs by the Water Supply Division and their financing by the Water Resources Division of GEFA. This is a dense, 38-page bill.
HB 1281 Passed House; prohibits local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
HOUSE RESOLUTIONS
HR 1022 Approved/signed by Governor; approves the State Water Plan (same as SR 701)
HR 1226 not moving; authorizes a statewide referendum on a 1% sales tax for transportation (see HB1139 which would detail the procedures to implement this constitutional amendment)
HR 1246 Passed House; the Speaker’s tax reduction plan. It has been much amended from the original plan to replace local property tax with a sales tax.
HR 1273 not moving; authorizes a referendum to amend the constitution to direct the “4th penny” of the sales tax on gas to ‘transportation purposes’.
SENATE BILLS
SB 332 Passed the Senate. The bill allows MARTA to extend its system to new areas through a service contract with the host county.
SB 334 not moving; creates the home inspector licensing board (see HB 1217 and SB 485)
SB 342 Passed the Senate and House committee. “Water Conservation and Drought Relief Act”. Authorizes the State Soil and Water Conservation Commission to fund up to 20% of the cost to convert old SCS ponds to water supply reservoirs and up to 40% for new water supply reservoirs. Directs EPD to take a few steps to streamline the permitting process for new reservoirs. ($40 million in the Supplemental Budget passed by the House)
SB 351 Passed the Senate. It establishes the joint State-wide Water Planning Oversight Committee.
SB 352 Passed the Senate and House. (slight differences will go to a conference committee); Heretofore, the General Assembly did not have oversight authority for DNR adoption of rules/regulations. This originated when such rules were motivated by federal rules and the state had to be consistent with them to retain delegated authority. SB 352 allows legislative oversight of DNR rules which do not originate in federal rules.
SB 374 Passed the Senate. Provides clarity in the procedures associated with mechanics and materialman Liens; which include engineers.
SB 402 Passed the Senate; creates the Georgia Coordinating Council for Rural and Human Services Transportation
SB 410 Passed the Senate. It sets up the state congestion relief fund at SRTA for CID-sponsored projects.
SB 411 Passed the Senate. “Transportation Alternative Delivery Act”. It allows DOT to use any of 4 alternative project delivery methods and authorizes DOT to promulgate rules related to each. The current “Design-Build” legislation is basically deleted. The methods are: competitive sealed bids, competitive sealed proposals, construction management at risk, and design-build.
SB 417 Passed the Senate; requires DOT to publish project benchmarks, report on progress, and VE projects over $10 million
SB 420 Passed the Senate; prohibits EPD fines for DOT for erosion/sedimentation control violations
SB 463 Passed the Senate. Permits “grey water” reuse, but sets limits to protect health
SB 485 Passed the Senate; creates the Home Inspector Licensing Board (the same as HB 1217)
SENATE RESOLUTIONS
SR 701 Approved – approves the State Water Plan (same as HR 1022)
SR 750 Passed the Senate. It urges the federal government to cease collection of gas taxes in Georgia and direct the money directly to the state.
SR 781 Passed the Senate and cleared House committee; urges DOT to prepare a state-wide strategic transportation plan, which includes PPIs, HOT lanes, concessions, and transit.
SR 842 Passed the Senate; urges construction of a maglev from the Airport to Chattanooga
SR 845 Passed the Senate and cleared House committee. It authorizes a referendum on a statewide 1% sales tax for transportation purposes
SR 863 not moving; authorizes a vote on a constitutional amendment to direct tax on aviation and railroad fuel to improving railroads and airports.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
LEGISLATIVE UPDATE
Friday, February 29, 2008
26th DAY
The General Assembly will be in session at least
several days next week. Cross-over day is approaching (which is Day 30). A
bill must be passed in one chamber by that day to be considered by the
other chamber. You can expect the House and the Senate to vote on more of
their own bills to get them moving to the opposite chamber for
consideration.
Home Inspector Licensing. HB 1217 was approved by the House Committee
last week, and SB 485 was approved by the Senate Committee this week. These
bills are virtually identical, and include language that protects
engineers.
Lien Law. SB 374 has passed the Senate and awaits action in the House. It implements the recommendations of the Lien Law Study Committee, was approved in Committee.
Water. HB 1226 was cleared in Committee this week and will be up for a floor vote in the House on Tuesday, March 4. The bill focus on implementing water supply reservoirs, creates the Water Supply Division in DNR and the Water Resources Division in GEFA. Additionally, HB 1281 cleared committee this week and will be up for a floor vote on Monday. The bill would prohibit local governments from imposing outdoor water use restrictions more stringent than EPD; and allows pools to be filled during droughts.
Transportation. It appears that there will be a
floor vote in the House on HB 1139 and HR 1226 with authorize a 1% sales tax
referendum for transportation purposes. This is a very important step that
will get both chambers on record supporting enhanced transportation
funding. Things are changing rapidly as the entire House begins to give
serious consideration to the problem and specific language in legislation.
In other matters, it seems that none of the “red-light” bills are moving. Action this week:
HB 1019 Passed the House;
creates the Georgia Transportation Infrastructure
Bank at SRTA
HB 1124 Passed House; changes the basis for selecting winning D-B proponentsto ‘best and sets goals for D-B contracts.
SB 420 Passed the Senate;
prohibits EPD fines for DOT for erosion/sedimentation control
violations. It was amended to be clear that DOT can enforce
contract provisions against it contractors.
Tax on Services.
The Speaker’s tax bills (HR 1246 and HB 979) were expected to reach the
House floor for a vote this week; but did not. The Speaker continues to
vigorously push for passage. The bills replace school property tax with an
expanded sales tax, including engineering services. The measures also
include a cap on local property assessments (2% per year) and tax rate
(3%/yr).
Energy & Water Conservation/Sustainability. The Energy Efficiency and Sustainable Construction Act of 2008 (HB 1125) is still expected to be heard before the full State Properties and Institutions Committee next week. The sticker is a key provision that would prohibit the use of the LEED building performance measure in state construction. The subcommittee’s proposed substitute changes language in this section…..but it is not clear the consequences.
The Legislative Update is emailed each week of the session. Please distribute it to members of your association who have an interest in “engineer” issues. Also, look for occasional “Urgent Action” alerts when you will be asked to call on your elected leaders and let them know your opinion on a particular issue.
Finally, please let the Legislative Coalition know if there are issues that you think would be of interest to Georgia Engineers.
You may go to www.legis.state.ga.us to look at specific bills and their status. You can also do word searches. If there are specific bills/issues that should be tracked, please contact the Legislative Coalition.
Summary Status of Closely Monitored Bills
As bills are introduced, the ones of interest will be summarized in this
section of the Update.
HOUSE BILLS
HB 890
- Provides that the penalty for running a red
light when caught by a camera will
be $50.00 rather than the current $70.00.
HB 892 -
Eliminates the ability of the police to use
cameras to catch vehicles running a
red light by deleting the code section on red light cameras.
HB 979 – The GREAT tax bill. This is the Speaker’s
bill to replace the tax on property
for School Districts with a much expanded sales tax on services (the measure
also
contains language to limit property tax increases).
HB 1019 Passed the House; creates the Georgia
Transportation Infrastructure Bank at
SRTA
HB 1035 Approved in Committee; extends the date
from 2008 to 2011 for the
exemption from motor fuel tax for transit and campus shuttles
HB 1123 Passed House; requires DOT progress
reports to the General Assembly on road
And bridge maintenance.
HB 1124 Passed House; changes the basis for
selecting winning D-B proponents to ‘best
value’, eliminates the 15% cap, and sets phased minimums for D-B (5% by 2010
and 10% by 1012).
HB 1125 is the “Energy Efficiency and Sustainable Construction Act of 2008”. It directs
GBA to adopt policies and procedures for state funded buildings related to
(primarily) energy efficiency. ‘Major’ state buildings must exceed ASHRAE 90.1
by 30% where it is determined to be cost-effective based on no more than a 10-
year payback. Such analysis must be certified by a PE.
HB 1139 details the procedures for the 1% sales tax for
transportation purposes that
would be authorizes if the constitutional amendment authorized in HR 1226 is
approved.
HB 1189
requires GDOT to submit a draft statewide strategic plan to the General
Assembly by the end of 2008 and a final plan by May 2009
HB 1200 exempts public works
construction projects by “development authorities” from
the requirements of the local government bid law.
HB 1217 creates the Home
Inspector licensing board and attaches it to the Secretary of
State’s Office
HB 1226 creates the Water Supply
Division in DNR and the Water Resources Division in
GEFA. The bill focuses on direct implementation of water supply reservoirs
by the Water
Supply Division and their financing by the Water Resources Division of GEFA.
This is a
dense, 38-page bill.
HB 1281 prohibits local governments from imposing
outdoor water use restrictions more
stringent than EPD; and allows pools to be filled during droughts.
HOUSE RESOLUTIONS
HR 1022 Approved – Would approve the State Water Plan (same as SR 701)
HR 1226 authorizes a statewide referendum on a 1% sales
tax for transportation (see HB
1139 which would detail the procedures to implement this constitutional
amendment)
HR 1246 is the latest version of the Speaker’s GREAT
program to replace school
property tax with a sales tax. In this approach the replacement is phase
in. Other
features include caps on the annual increase in property assessments and tax
rate.
HR 1273 authorizes a referendum to amend the constitution to direct the “4th
penny” of the sales tax on gas to ‘transportation purposes’.
SENATE BILLS
SB 332 Passed the Senate. The bill allows
MARTA to extend its system to new areas
through a service contract with the host county.
SB 334 – creates the home inspector licensing board (see HB 1217 and SB 485)
SB 342 Passed the Senate. “Water Conservation
and Drought Relief Act”. Authorizes
the State Soil and Water Conservation Commission to fund up to 20% of the
cost
to convert old SCS ponds to water supply reservoirs and up to 40% for new
water
supply reservoirs. Directs EPD to take a few steps to streamline the
permitting
process for new reservoirs. ($40 million in the Supplemental Budget passed
by
the House)
SB 351 Passed the Senate. It establishes the
joint State-wide Water Planning Oversight
Committee.
SB 352 Passed the Senate. Heretofore, the
General Assembly did not have oversight
authority for DNR adoption of rules/regulations. This originated when such
rules
were motivated by federal rules and the state had to be consistent with them
to
retain delegated authority. SB 352 allows legislative oversight of DNR
rules
which do not originate in federal rules.
SB 374 Passed the Senate. Provides clarity in
the procedures associated with mechanics
and materialman Liens; which include engineers.
SB 402 Passed the Senate; creates the Georgia
Coordinating Council for Rural and
Human Services Transportation
SB 410 Passed the Senate. It sets up the state congestion relief fund at SRTA for CID-
sponsored projects.
SB 411 Passed the Senate. “Transportation
Alternative Delivery Act”. It allows DOT to
use any of 4 alternative project delivery methods and authorizes DOT to
promulgate rules related to each. The current “Design-Build” legislation is
basically deleted. The methods are: competitive sealed bids, competitive
sealed
proposals, construction management at risk, and design-build.
SB 417 Passed the Senate; requires DOT to
publish project benchmarks, report on
progress, and VE projects over $10 million
SB 420 Passed the Senate; prohibits EPD fines
for DOT for erosion/sedimentation
control violations
SB 463 Passed the Senate. Permits “grey water” reuse, but sets limits to protect health
DB 485 creates the Home Inspector Licensing Board (the same as HB 1217)
SENATE RESOLUTIONS
SR 701 Approved – Would approve the State Water Plan (same as HR 1022)
SR 750 Passed the Senate. It urges the federal
government to cease collection of gas
taxes in Georgia and direct the money directly to the state.
SR 781 Passed the Senate; urges DOT to prepare a
state-wide strategic transportation
plan, which includes PPIs, HOT lanes, concessions, and transit.
SR 842 urges construction of a maglev from the Airport to Chattanooga
SR 845 Passed the Senate. It authorizes a
referendum on a statewide 1% sales tax for
transportation purposes
SR 863 authorizes a vote on a constitutional amendment to direct tax on aviation and railroad fuel to improving railroads and airports.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
Special LEGISLATIVE UPDATE
Transportation Funding
Friday, February 22, 2008
22nd DAY
WHAT HAS HAPPENed
The full Senate approved SR 845 on Wednesday by a 51-4 vote. It authorizes a referendum on an amendment to the Constitution to allow a 1% sales tax dedicated to transportation purposes. A county or grouping of counties could subsequently hold a referendum in their jurisdiction to impose the tax. The county, or grouping of counties, must prepare a project list and stipulate their cost and the duration of the tax prior to the vote. 80% of the revenue derived from the tax must be spent on projects in the county, or grouping of counties. 10% of the revenue is for regional transit and the other 10% is for general transportation purposes in the state. The General Assembly is authorized to provide the implementation details in a general law to be enacted after the constitutional amendment is approved.
Also on Wednesday, the House Transportation Committee approved HR 1226 and HB 1139 by a vote of 20-5. HR 1226 is a constitutional amendment, which also allows a vote for a 7-year statewide 1% sales tax for transportation purposes. 90% of the money raised by the tax within a Regional Development Center (RDC) boundary must be spent on projects within the RDC. “Each region, in cooperation with (DOT), shall establish a list of transportation projects.” 10% of the revenue goes to DOT for statewide transportation purposes.
WHAT HAPPENS NEXT?
Presumably the House bill and resolution will find their way to the House floor for a vote in the next week or two. If it passes, it will go to the Senate for consideration. The Senate-approved resolution has been transmitted to the House for consideration. Ordinarily both bills would go to a conference committee to iron out differences, and a compromise bill would be voted on by both chambers. Therefore we need to urge members of the House to approve both HR 1226 and HB 1139, so it can go to conference.
THE DETAILS OF A PREFERRED PLAN
What we want is a hybrid version of these two competing bills/resolutions, which incorporates features of both. The hybrid would require two referenda: the first to authorize a subsequent regional votes on a 1% sales tax within a predefined region (preferably RDC regions). If the constitution is amended to allow this (which would be a statewide vote), then regions could subsequently call for a referendum to approve the 1% sales tax. Alternately, a region may not choose to hold a referendum, or it may hold one at some time in the future when transportation funding is a higher need for them. Each region would have to prepare a project list, stipulate the duration of the tax, and define some sort of oversight committee to ensure compliance with the details of the program. A county in the RDC could opt-out of the plan – and not be taxed nor have their projects on the referendum project list. The vote would be held on a regional basis. We prefer the House formulation of 90% of the money going to projects within the RDC area. 10% would go to DOT for LARP and State Aid projects.
KEY POINTS
- It is an enormous achievement that both legislative chambers are moving energetically toward enhanced funding for transportation
- Georgia’s transportation funding needs are grossly under-funded. The best factoid on this point is that Georgia is the third fastest growing state and ranks 50th in per capita expenditures (according to the Governor’s Commission for a New Georgia)
- Both legislative initiatives would allow new funding to be applied to all transportation purposes – different than the current limitation for only roads and bridges.
- The Get Georgia Moving Coalition includes 50 diverse groups that are working together to advocate for enhanced transportation funding – including chambers of commerce, conservation groups, road builders, transit advocates, engineers, and others.
- The constitutional amendment that is proposed for a referendum must be approved by both chambers of the General Assembly by a 2/3s majority vote and be signed by the Governor. Then it goes for a statewide vote, where approval is by a simple majority.
- The 1% sales tax is not a tax increase approved by members of the General Assembly. It is a measure that allows the people to vote on a solution to a transportation problem. This funding structure respects local control: a region may choose to not call a referendum, or a region may feel they have such severe problems that they choose to call one. The region also picks their own projects to fund with the new revenue.
ACTION
It is time to contact your legislator and let him/her know that we want to vote on a measure to fund solutions to our transportation problems. If you contact a House member, ask them to vote “yes” on the HB 1139 and HR 1226. Tell your Senator “thanks” for approving SR 845 this week.
________________________
If you want to read the legislation, go to www.legis.state.ga.us . If you want to know the name of your Senator or Representative, go to www.votesmart.org/index.htm. You will have to type in your 9-digit zip code….if you do not know it, the same web site leads you to where you can find it. When you find the name of your legislator, go to www.legis.state.ga.us where you can locate contact information. For more on the Get Georgia Moving Coalition, go to www.getgeorgiamoving.com
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
SPECIAL UPDATE
Sales Tax on Services
January 22, 2008
HB 979 is the long anticipated GREAT plan, which has been touted by Speaker Glenn Richardson for many months. The plan would eliminate local property taxes and replace them with an expanded state sales tax, including on services. Over the last several months the Speaker announced that the portion of GREAT that eliminates property tax would only apply to local school boards, not cities nor counties.
HB 979 includes numerous elements: limitations on increases in property tax assessments, expanded assessment appeal procedures, and limitations on increases in city and county property tax revenues. It also imposes an annual $20 motor vehicle tax to apparently fund a tax credit for low-income people who would be especially hurt by extending the sales tax on food.
The sales tax is imposed on
“. . . services, including, but not limited to, the following:
a) Accounting, financial, or tax preparation;
b) Architectural;
c) Banking;
d) Engineering;
e) Household;
f) Legal;
g) Membership fees;
h) Moving, freight, or storage;
i) Personal services;
j) Photography;
k) Real property improvement or maintenance;
l) Acquisition of real property;
m) Transportation and travel;
n) Vehicle; and
o) Veterinary.
“Such services shall be subject to state sales and use tax only and shall be exempt from any local sales and use tax.”
Not listed are any health professionals (doctors, dentist, nurses, etc., which, elsewhere, are specifically exempted from the tax on services), nor Landscape Architects, Certified Soil Classifiers, Geologists, Surveyors, Interior Designers, etc. The absence from this list of other design and technical professionals may or may not be significant because of the very broad definition of “services”:
“‘Services’ means, generally, the providing of an intangible commodity, action, skill, or labor for any remuneration, consideration, or value to an individual consumer but not to any business. ...”
where,
“’Business’ means any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage.”
It appears that the state would not gain very much revenue for the sales tax on services of an engineering firm because about 50% of the industry’s revenue comes from governments (which are exempt), and the vast majority of the remainder comes from services provided to “businesses”. Engineering firms very seldom provide services directly to “individual consumers”.
2008
GEORGIA ENGINEERS LEGISLATIVE COALITION
Georgia Engineering Alliance
Harris Tower, Suite 700
233 Peachtree Street
Atlanta, Georgia 30303
404-521-2324
LEGISLATIVE UPDATE
Friday,
February 22, 2008
22nd DAY
Home Inspector Licensing. HB 1217 and SB 485 are virtually identical and would create a new licensing board for home inspectors. The House version cleared committee on Thursday. The Senate version was just introduced this week. Both version has added several provisions (when compared to the old SB 334 introduced last year): they prohibits Home Inspectors from doing engineering (unless they are also PEs) and allows home inspection of individual units in a multifamily condo projects. It also allows PEs to do home inspection (within the definition of engineering) without having to be a licensed home inspector.
Lien Law. SB 374 was passed by the Senate on Wednesday. The bill implements the recommendations of the Lien Law Study Committee, was approved in Committee.
Water. There was a hearing on HB 1226 this week – but no vote was taken. This is a dense, 38-page bill that seems to focus on implementing water supply reservoirs. It creates the Water Supply Division in DNR (parallel to EPD) and the Water Resources Division at GEFA. The Water Supply Division would be assigned existing responsibilities from DNR, plus expanded ones, to directly implement water projects – which are owned/managed by the Division. The Water Resources Division at GEFA would be primarily responsible for the financing such projects. Also, water conservation investments/equipment would receive favorable tax treatment. A few of the water bills have Passed the Senate, as follows:
SB 342 “Water Conservation and Drought Relief Act”, authorizes GEFA funding for water supply reservoir projects.
SB 351 establishes the joint State-wide Water Planning Oversight Committee.
SB 352 allows legislative oversight of DNR rules which do not originate in federal rules.
Transportation. The Senate’s version of the 1% sales tax referendum for transportation purposes overwhelmingly (51-4) passed the Senate on Wednesday. The House version cleared the House Transportation Committee (20-5) and is in House Rules. Other actions this week:
HB 1123 – Passed the House. It requires regular progress reports to the General Assembly
SB 410 – Passed the Senate. Sets up the state congestion relief fund at SRTA for CID-sponsored projects.
SB 411 – Passed the Senate. This is a much changed version of the Design-Build bill. It is now the “Transportation Alternative Delivery Act”.
SB 417 – Passed the Senate. Requires DOT to publish project benchmarks, report on progress, and VE projects over $10 million
SB 420 – prohibits EPD fines for DOT (and their contractors) for erosion/ sedimentation control violations. Although it cleared committee, it was tabled on the floor of the Senate when an amendment was offered that eliminated the protection for “contractors”
Tax on Services.
The Speaker’s tax bills (HR 1246 and HB 979) passed out of the Ways and
Means Committee on Thursday. They could get a vote on the House floor next
week. The bills replace school property tax with an expanded sales tax,
including engineering services. The measures also include a cap on local
property assessments (2% per year) and tax rate (3%/yr).
Energy & Water Conservation/Sustainability. The Energy Efficiency and Sustainable Construction Act of 2008 (HB 1125) was heard before a subcommittee this week and an amended version is expected before the full State Properties and Institutions Committee next week. The new version would delete the requirements on local governments. It seems that one key provision would prohibit the use of the LEED building performance measure in state construction. LEED discriminates against the use of local building materials in state buildings.
The Legislative Update is emailed each week of the session. Please distribute it to members of your association who have an interest in “engineer” issues. Also, look for occasional “Urgent Action” alerts when you will be asked to call on your elected leaders and let them know your opinion on a particular issue.
Finally, please let the Legislative Coalition know if there are issues that you think would be of interest to Georgia Engineers.
You may go to
www.legis.state.ga.us to look at specific bills and their status. You
can also do word searches. If there are specific bills/issues that should
be tracked, please contact the Legislative Coalition.
Summary Status of Closely Monitored Bills
As bills are introduced, the ones of interest will be summarized in this
section of the Update.
HOUSE BILLS
HB 890 - Provides that the penalty for running a red light when caught by a camera will be $50.00 rather than the current $70.00. HB 892 - Eliminates the ability of the police to use cameras to catch vehicles running a red light by deleting the code section on red light cameras.
HB 979 – The GREAT tax bill. This is the Speaker’s bill to replace the tax on property for School Districts with a much expanded sales tax on services (the measure also contains language to limit property tax increases).
HB 1019 creates the Georgia Transportation Infrastructure Bank at SRTA
HB 1035 extends the date from 2008 to 2011 for the exemption from motor fuel tax for transit and campus shuttles
HB 1055 – This bill would make various adjustments to licensing laws for interior designers, auctioneers, geologists, massage therapists, physical therapists, and veterinarians. The bill is not significant for engineers, except that it could serve as a vehicle for language could affect engineers.
HB 1056 requires the General Assembly to approve all MPO Transportation Plans
HB 1077 - Motor fuel and road taxes; change certain definitions.
HB 1123 requires DOT progress reports to the General Assembly on road and bridge maintenance.
HB 1124 changes the basis for selecting winning D-B proponents to ‘best value’, eliminates the 15% cap, and sets phased minimums for D-B (5% by 2010 and 10% by 1012).
HB 1125 is the “Energy Efficiency and Sustainable Construction Act of 2008”. It directs
GBA to adopt policies and procedures for state funded buildings related to
(primarily) energy efficiency. ‘Major’ state buildings must exceed ASHRAE 90.1
by 30% where it is determined to be cost-effective based on no more than a 10-
year payback. Such analysis must be certified by a PE.
HB 1139 details the procedures for the 1% sales t