HB155: HB155 Local government; selection and objection to arbitrators; revise procedures

25 HB 155/AP House Bill 155 (AS PASSED HOUSE AND SENATE) By: Representatives Anderson of the 10th, LaHood of the 175th, Cannon of the 172nd, Thomas of the 21st, Cox of the 28th, and others A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 36 of Title 36 of the Official Co de of Georgia Annotated,1 relating to procedure for resolving annexation disputes, so as to revise procedures for the2 selection and objection to arbitrators; to revise how arbitration panels report their findings3 and recommendations; to revise provisions relating to compensation of arbitrators; to amend4 Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development5 authorities, so as to provide that county development authorities for certain counties shall not6 operate within certain municipalities; to provide for a definit ion; to amend Article 2 of7 Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice,8 and Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning9 procedures as pertaining to counties and municipal corporations , so as to provide for the10 appeal of superior court decisions on zoning decisions of count ies and municipal11 corporations; to repeal provisions authorizing administrative o fficers to exercise zoning12 powers; to repeal provisions authorizing quasi-judicial boards and agencies to hear and13 render decisions on applications for special administrative permits and conditional permits;14 to revise definitions; to amend Code Section 36-36-20 of the Of ficial Code of Georgia15 Annotated, relating to "contiguous area" defined, so as to revi se provisions for certain16 properties owned by municipalities; to provide for related matters; to provide for effective17 dates and applicability; to repeal conflicting laws; and for other purposes.18 H. B. 155 - 1 - 25 HB 155/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 PART I20 SECTION 1-1.21 Article 7 of Chapter 36 of Title 36 of the Official Code of Geo rgia Annotated, relating to22 procedure for resolving annexation disputes, is amended by revi sing Code Section23 36-36-114, relating to arbitration panel, composition and membe rship, assistance in24 formulating record, and regulation, as follows:25 "36-36-114.26 (a) Not later than the fifteenth calendar twentieth business day following the date that the27 department received the first receives an objection of a proposed annexation as provided28 for in Code Section 36-36-113, an arbitration a panel of five arbitrators shall be appointed29 by the department using the selection process detailed as provided in subsection (c) of this30 Code section.31 (b)(1) The arbitration panel shall be composed of five members to be selected as32 provided in this subsection. The department shall develop and maintain three pools of33 potential arbitrators, comprised as follows:34 (A) One one pool which consists of persons who are currently or within the previous35 six years have been municipal elected officials, managers, or administrators;36 (B) One one pool which consists of persons who are currently or within the previous37 six years have been county elected officials, managers, or administrators; and38 (C) One one pool which consists of persons with a master's degree or higher in public39 administration or planning and who are currently employed by an institution of higher40 learning in this state, other than the Carl Vinson Institute of Government of the41 University of Georgia.42 H. B. 155 - 2 - 25 HB 155/AP (2) Each The pool shall be sufficiently large to ensure as nearly as practi cable that no43 person shall be required to serve on more than four panels in any one calendar year and44 serve on no more than one panel in any given county in any one calendar year.45 (3) The department is authorized to coordinate with the Georgia Municipal Association,46 the Association County Commissioners of Georgia, the Council of Local Governments,47 and similar organizations in developing and maintaining such pools.48 (c)(1) Within 15 business days of the date that the department first receives an objection49 of a proposed annexation as provided for in Code Section 36-36- 113, Upon receiving50 notice of a disputed annexation, the department shall choose at random four names51 submit to the county and municipal corporations a list of 11 po tential arbitrators52 consisting of four potential arbitrators randomly selected by the department from the pool53 of municipal officials, four names potential arbitrators randomly selected by the54 department from the pool of county officials, and three names potential arbitrators55 randomly selected by the department from the pool of academics; provided, however, that56 the department shall ensure that none of such selections shall include a person who:57 (A) Is is a resident of the county which has interposed the objection or any municipal58 corporation located wholly or partially in such county,;59 (B) Actively seeks employment in the county which has interpos ed the objection or60 any municipal corporation located wholly or partially in such county;61 (C) Is or has been employed within the preceding six years by the county which has62 interposed the objection or any municipal corporation located w holly or partially in63 such county; or64 (D) Has and further provided that none of such selections shall include a person who65 has already served on four other arbitration panels in the then-current calendar year.66 (2) Until noon on the twentieth business day following the dat e that the department67 receives the notice of disputed annexation:68 H. B. 155 - 3 - 25 HB 155/AP (A) The municipal corporation shall be permitted to strike or excuse up to two of the69 names chosen four arbitrators that were randomly selected by the department from the70 county officials pool by submitting written notice of any such strikes to the department;71 (B) The the county shall be permitted to strike or excuse up to two of the names chosen72 four arbitrators that were randomly selected by the department from the municipal73 officials pool by submitting written notice of any such strikes to the department; and74 (C) The the county and municipal corporation corporations shall each be permitted to75 strike or excuse one of the names chosen three arbitrators that were randomly selected76 by the department from the academic pool by submitting written notice of any suc h77 strikes to the department.78 (3) At the close of the period for permitted strikes as allowe d in paragraph (2) of this79 subsection, the department shall finalize the arbitration panel for the given annexation80 dispute by appointing:81 (A) Two arbitrators from the county officials subset identified in subparagraph (A) of82 paragraph (2) of this subsection who were not stricken;83 (B) Two arbitrators from the municipal officials subset identified in subparagraph (B)84 of paragraph (2) of this subsection who were not stricken; and85 (C) One arbitrator from the academic subset identified in subp aragraph (C) of86 paragraph (2) of this subsection who was not stricken.87 (4) In the event that more than the required number of arbitra tors remains within any88 given subset, the department shall randomly appoint the number of arbitrators needed for89 such subset from among those arbitrators remaining within such subset.90 (5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to91 which he or she has been appointed pursuant to paragraph (3) of this subsection, the92 department shall randomly appoint a new arbitrator to such panel by randomly selecting93 an eligible arbitrator from the specific pool of arbitrators fr om which the original94 arbitrator was randomly selected under paragraph (1) of this su bsection; provided,95 H. B. 155 - 4 - 25 HB 155/AP however, that such new arbitrator shall not have been previously stricken by the county96 or municipality.97 (d) Prior to being eligible to serve on any of the three pools, persons interested in serving98 on such panels shall receive joint training in alternative disp ute resolution together with99 zoning and land use training, which may be designed and oversee n by the Carl Vinson100 Institute of Government of the University of Georgia in conjunction with the Association101 County Commissioners of Georgia and the Georgia Municipal Association, provided such102 training is available. Provided that the General Assembly appropriates sufficient funds in103 an applicable fiscal year, the Carl Vinson Institute of Governm ent of the University of104 Georgia shall provide at least one training program per year to train new potential panel105 members.106 (e) At the time any person is selected to serve on a panel for any particular annexation107 dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will108 faithfully perform my duties as an arbitrator in a fair and impartial manner without favor109 or affection to any party, and that I have not and will not have any ex parte communication110 regarding the facts and circumstances of the matters to be dete rmined, other than111 communications with my fellow arbitrators, and will only consid er, in making my112 determination, those matters which may lawfully come before me.'113 (f) The department shall develop and maintain a list of court reporters and hearing officers114 that may be employed by the department at the request of an arbitration panel to assist the115 panel in formulating the record before the panel. An arbitrat ion panel may by majority116 vote of its members elect to employ court reporters and hearing officers from such list. 117 Any costs or charges related to the employment of court reporte rs and hearing officers118 pursuant to this subsection shall be evenly divided between the city and the county.119 (g) The department shall promulgate rules and regulations to p rovide for uniform120 procedures and operations of arbitration panels established pur suant to this article.121 Notwithstanding any provision of Chapter 13 of Title 50, the 'G eorgia Administrative122 H. B. 155 - 5 - 25 HB 155/AP Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to123 the chairperson of the House Governmental Affairs Committee and the Senate Committee124 on State and Local Government Operations."125 SECTION 1-2.126 Said article is further amended by revising Code Section 36-36-115, relating to meetings of127 arbitration panel, duties, findings and recommendations, and compensation, as follows:128 "36-36-115.129 (a)(1)(A) The arbitration panel appointed pursuant to Code Sec tion 36-36-114 shall130 meet as soon after appointment as practicable and shall receive evidence and argument131 from the municipal corporation, the county, and the applicant o r property owner and132 shall by majority vote render a decision which shall be binding on all parties to the133 dispute as provided for in this article not later than 60 days following such appointment,134 provided that the chairperson of the arbitration panel shall be authorized to extend such135 deadline one time for a period of up to ten business days. ; provided, however, that136 Notwithstanding anything in this subparagraph to the contrary, the municipal137 corporation and county may by mutual agreement, postpone the arbitration procession138 for a period of up to 180 days to negotiate a potential settlem ent, and such139 postponement shall stay the 60 day deadline provided herein.140 (B) Meetings of the panel may occur in person, virtually, or via teleconference. The141 meetings of the panel in which evidence is submitted or argumen ts of the parties are142 made, whether such meeting is in person, virtual, or via teleconference, shall be open143 to the public pursuant to Chapter 14 of Title 50.144 (C) The panel shall first determine the validity of the grounds for objection as specified145 in the objection. If an objection involves the financial impact on the county as a result146 of a change in zoning or land use or the provision of maintenance of infrastructure, the147 panel shall quantify such impact in terms of cost. As to any objection which the panel148 H. B. 155 - 6 - 25 HB 155/AP has determined to be valid, the panel, in its findings, may establish reasonable zoning,149 land use, or density conditions applicable to the annexation and propose any reasonable150 mitigating measures as to an objection pertaining to infrastructure demands.151 (2) In arriving at its determination, the panel shall consider:152 (A) The existing comprehensive land use plans of both the county and city;153 (B) The existing land use patterns in the area of the subject property;154 (C) The existing zoning patterns in the area of the subject property;155 (D) Each jurisdiction's provision of infrastructure to the are a of the subject property156 and to the areas in the vicinity of the subject property;157 (E) Whether the county has approved similar changes in intensity or allowable uses on158 similar developments in other unincorporated areas of the county;159 (F) Whether the county has approved similar developments in ot her unincorporated160 areas of the county which have a similar impact on infrastructure as complained of by161 the county in its objection; and162 (G) Whether the infrastructure or capital outlay project which is claimed adversely163 impacted by the county in its objection was funded by a county-wide tax.164 (3) The county shall provide supporting evidence that its objection is consistent with its165 land use plan and the pattern of existing land uses and zonings in the area of the subject166 property, which may include, but not be limited to, adopted pla nning documents and167 capital or infrastructure plans.168 (4) The cost of the arbitration shall be equally divided between the city and the county;169 provided, however, that if the panel determines that any party has advanced a position170 that is not valid, the costs shall be borne by the party or parties that have advanced such171 position.172 (5) The reasonable costs of participation in the arbitration process of the property owner173 or owners whose property is at issue shall be borne by the county and the city in the same174 proportion as costs are apportioned under paragraph (4) of this subsection.175 H. B. 155 - 7 - 25 HB 155/AP (6) The panel shall deliver its written findings and recommendations to the parties and176 the department by verifiable delivery. The written findings and recommendations shall177 include a signed statement for each panel member as to whether or not he or she voted178 in support of or against such findings and recommendations. The department shall179 maintain a data base and record of arbitration panel results and at least annually publish180 a report on such decisions and make such report freely availabl e on the department's181 website.182 (b) If the decision of the panel contains zoning, land use, or density conditions, the183 findings and recommendations of the panel shall be recorded in the deed records of the184 county with a caption describing the name of the current owner of the property, recording185 reference of the current owner's acquisition deed and a general description of the property,186 and plainly showing the expiration date of any restrictions or conditions.187 (c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and188 recommendations but may be reconvened as provided in Code Section 36-36-116.189 (d) Notwithstanding the provisions of subsection (b) of Code S ection 45-7-21, the190 members of the arbitration panel shall receive the same per diem, expenses, and allowances191 for their service on the panel as authorized by law for members of the General Assembly192 plus $100.00 in total for all days of service for serving on an arbitration panel.193 (e) If the panel so agrees, any one or more additional annexation disputes which may arise194 between the parties prior to the panel's initial meeting may be consolidated for the purpose195 of judicial economy if there are similar issues of location or similar objections raised to196 such other annexations or the property to be annexed in such ot her annexations is197 within 2,500 feet of the subject property."198 SECTION 1-3.199 Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development200 authorities, is amended by adding a new Code section to read as follows:201 H. B. 155 - 8 - 25 HB 155/AP "36-62-4.1.202 (a) As used in this Code section, the term 'massively municipalized county' means any203 county without a consolidated or unified government in which the corporate limits of two204 or more municipalities cover 95 percent or more of the land area of the county.205 (b) No county development authority for a massively municipali zed county shall206 purchase or accept title to any real or personal property in connection with a property tax207 incentive project within the parts of such county that are with in the corporate limits of208 any municipality that is located north of the northernmost corp orate limit of the209 municipality in which the county site of such county is located if the governing authority210 of the municipality in which such property is located has adopt ed a resolution to limit211 such development authority from operating within such municipality.212 (c) The provisions of this Code section shall not apply to any project approved by a213 development authority prior to January 1, 2026, nor shall any amendments, refinancing,214 renewals, or the transfer of any property related to such prior projects be affected by this215 Code section."216 PART II217 SECTION 2-1.218 Article 2 of Chapter 6 of Title 5 of the Official Code of Georg ia Annotated, relating to219 appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to220 judgments and rulings deemed directly appealable, procedure for review of judgments,221 orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases222 involving a capital offense for which death penalty is sought, and appeals involving223 nonmonetary judgments in child custody cases, as follows:224 "(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the225 following judgments and rulings of the superior courts, the Georgia State-wide Business226 H. B. 155 - 9 - 25 HB 155/AP Court, the constitutional city courts, and such other courts or tribunals from which appeals227 are authorized by the Constitution and laws of this state:228 (1) All final judgments, that is to say, where the case is no longer pending in the court229 below, except as provided in Code Section 5-6-35;230 (2) All judgments involving applications for discharge in bail trover and contempt cases;231 (3) All judgments or orders directing that an accounting be had;232 (4) All judgments or orders granting or refusing applications for receivers or for233 interlocutory or final injunctions;234 (5) All judgments or orders granting or refusing applications for attachment against235 fraudulent debtors;236 (6) Any ruling on a motion which would be dispositive if grant ed with respect to a237 defense that the action is barred by Code Section 16-11-173;238 (7) All judgments or orders granting or refusing to grant mand amus or any other239 extraordinary remedy, except with respect to temporary restraining orders;240 (8) All judgments or orders refusing applications for dissolution of corporations created241 by the superior courts;242 (9) All judgments or orders sustaining motions to dismiss a ca veat to the probate of a243 will;244 (10) All judgments or orders entered pursuant to subsection (c ) of Code245 Section 17-10-6.2;246 (11) All judgments or orders in child custody cases awarding, refusing to change, or247 modifying child custody or holding or declining to hold persons in contempt of such child248 custody judgment or orders;249 (12) All judgments or orders entered pursuant to Code Section 35-3-37; and250 (13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and251 (14) All final judgments or orders reviewing a zoning decision, as such term is defined252 in paragraph (4) of Code Section 36-66-3."253 H. B. 155 - 10 - 25 HB 155/AP SECTION 2-2.254 Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating255 to cases requiring application for appeal, requirements for app lication, exhibits, response,256 issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of257 appeal, and appeals involving nonmonetary judgments in custody cases, as follows:258 "(a) Appeals in the following cases shall be taken as provided in this Code section:259 (1) Appeals from decisions of the superior courts reviewing decisions of the State Board260 of Workers' Compensation, the State Board of Education, auditor s, state and local261 administrative agencies, and lower courts, and quasi-judicial decisions of boards or262 agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of263 Code Section 36-66-3 by petition for review; provided, however, that this provision shall264 not apply to decisions of the Public Service Commission and probate courts and to cases265 involving ad valorem taxes and condemnations;266 (2) Appeals from judgments or orders in divorce, alimony, and other domestic relations267 cases including, but not limited to, granting or refusing a div orce or temporary or268 permanent alimony or holding or declining to hold persons in contempt of such alimony269 judgment or orders;270 (3) Appeals from cases involving distress or dispossessory warrants in which the only271 issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;272 (4) Appeals from cases involving garnishment or attachment, ex cept as provided in273 paragraph (5) of subsection (a) of Code Section 5-6-34;274 (5) Appeals from orders revoking probation;275 (5.1) Appeals from decisions of superior courts reviewing deci sions of the Sexual276 Offender Risk Review Board;277 (5.2) Appeals from decisions of superior courts granting or denying petitions for release278 pursuant to Code Section 42-1-19;279 (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less;280 H. B. 155 - 11 - 25 HB 155/AP (7) Appeals, when separate from an original appeal, from the denial of an extraordinary281 motion for new trial;282 (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion283 to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief284 upon a complaint in equity to set aside a judgment;285 (9) Appeals from orders granting or denying temporary restraining orders;286 (10) Appeals from awards of attorney's fees or expenses of lit igation under Code287 Section 9-15-14;288 (11) Appeals from decisions of the state courts reviewing deci sions of the magistrate289 courts by de novo proceedings so long as the subject matter is not otherwise subject to290 a right of direct appeal;291 (12) Appeals from orders terminating parental rights; and292 (13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or293 denying an objection to the filing of a lis pendens or granting or denying a motion294 canceling a lis pendens."295 SECTION 2-3.296 Chapter 66 of Title 36 of the O fficial Code of Georgia Annotate d, relating to zoning297 procedures as pertaining to counties and municipal corporations , is amended by revising298 paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and299 local government zoning powers, and by adding a new paragraph to read as follows:300 "(1) Provide by ordinance or resolution for such administrative officers, boards, or301 agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning302 powers and to establish procedures and notice requirements for hearings before such303 quasi-judicial officers, boards, or agencies that are consistent with the minimum304 procedures provided for in this chapter to assure due process i s afforded the general305 public; and"306 H. B. 155 - 12 - 25 HB 155/AP SECTION 2-4.307 Said chapter is further amended by revising paragraphs (1.1) an d (4) of Code308 Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:309 "(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, board, or agency310 appointed by a local government to exercise delegated, quasi-ju dicial zoning powers311 including hearing appeals of administrative decisions by such o fficers, boards, or312 agencies and hearing and rendering decisions on applications fo r variances, special313 administrative permits, special exceptions, conditional use per mits, or other similar314 permits not enumerated herein as a zoning decision, pursuant to standards for the exercise315 of such quasi-judicial authority adopted by a local government any board or agency316 designated by ordinance to make quasi-judicial decisions.317 (1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of318 quasi-judicial land use powers, including hearing appeals of administrative decisions and319 hearing and rendering decisions on applications for variances, administrative permits, or320 other similar permits not enumerated herein as a zoning decision, pursuant to standards321 for the exercise of such quasi-judicial authority adopted by a local government. Such322 term does not include permits issued or decisions made by administrative staff pursuant323 to the authority designated by ordinance which contains an express right to appeal to a324 local government board or authority which is subject to these p rovisions applicable to325 quasi-judicial decisions."326 "(4) 'Zoning decision' means final legislative action by a local government which results327 in:328 (A) The adoption or repeal of a zoning ordinance;329 (B) The adoption of an amendment to a zoning ordinance which changes the text of the330 zoning ordinance;331 (C) The adoption or denial of an amendment to a zoning ordinance to rezone property332 from one zoning classification to another;333 H. B. 155 - 13 - 25 HB 155/AP (D) The adoption or denial of an amendment to a zoning ordinan ce by a municipal334 local government to zone property to be annexed into the municipality;335 (E) The grant or denial of a permit relating to an application for a special use of336 property; or337 (F) The grant or denial of an application for a variance or the imposition or338 modification of conditions concurrent and in conjunction with a decision pursuant to339 subparagraph (C) or (E) of this paragraph, or a subsequent modi fication to such a340 variance or condition."341 SECTION 2-5.342 Said chapter is further amended by revising subsections (b), (c ), (g), and (h) of Code343 Section 36-66-4, relating to adoption of hearing policies and p rocedures and standards for344 exercise of zoning power, as follows:345 "(b) If a zoning decision of a local government is for the rezo ning of property and the346 rezoning is initiated by a party other than the local government, then:347 (1) The notice, in addition to the requirements of subsection (a) of this Code section,348 shall include the location of the property, the present zoning classification of the property,349 and the proposed zoning classification of the property; and350 (2) A sign containing information required by local ordinance or resolution shall be351 placed in a conspicuous location on the property not less than 15 days nor more than 45352 days prior to the date of the hearing.353 (c) If the zoning decision of a local government is for the re zoning of property and the354 amendment to the zoning ordinance to accomplish the rezoning is defeated denied by the355 local government, then the same property may not again be considered for rezoning until356 the expiration of at least six months immediately following the defeat d e n i a l o f t h e357 rezoning by the local government or the conclusion of related judicial proceedings."358 H. B. 155 - 14 - 25 HB 155/AP "(g) A local government delegating decision-making power to a q uasi-judicial officer,359 board, or agency shall provide for a hearing on each proposed action described in360 paragraph (1.1) (1.2) of Code Section 36-66-3. Notice of such hearing shall be provided361 at least 30 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice362 being made as provided for in subsection (a) of this Code section and with additional notice363 being mailed to the owner of the property that is the subject of the proposed action.364 (h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a365 proposed zoning decision relates to an amendment of the zoning ordinance to revise one366 or more zoning classifications or definitions relating to single-family residential uses of367 property so as to authorize multifamily uses of property pursuant to such classification368 or definitions, or to grant blanket permission, under certain or all circumstances, for369 property owners to deviate from the existing zoning requirement s of a single-family370 residential zoning, such zoning decision shall be adopted in the following manner:371 (A) The zoning decision shall be adopted at two regular meetin gs of the local372 government making the zoning decision, during a period of not less than 21 at least 15373 but not more than 45 days apart; and374 (B) Prior to the first meeting provided for in subparagraph (A ) of this paragraph, at375 least two public hearings shall be held on the proposed action. Such public hearings376 shall be held at least three months and not more than nine months prior to the date of377 final action on the zoning decisi on. Furthermore, at least one of the public hearings378 shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by379 this paragraph shall be in addition to any hearing required under subsection (a) of this380 Code section. The local government shall give notice of such hearing by:381 (i) Posting notice on each affected premises in the manner pre scribed by382 subsection (b) of this Code section; provided, however, that wh en more than 500383 parcels are affected, in which case posting notice is required every 500 feet in the384 affected area; and385 H. B. 155 - 15 - 25 HB 155/AP (ii) Publishing in a newspaper of general circulation within the territorial boundaries386 of the local government a notice of each hearing at least 15 days and not more than 45387 days prior to the date of the hearing.388 Both the posted notice and the published notice shall include a prominent statement that389 the proposed zoning decision relates to or will authorize multifamily uses or give blanket390 permission to the property owner to deviate from the zoning req uirements of a391 single-family residential zoning of property in classification previously relating to392 single-family residential uses. The published notice shall be at least nine column inches393 in size and shall not be located in the classified advertising section of the newspaper. The394 notice shall state that a copy of the proposed amendment is on file in the office of the395 clerk or the recording officer of the local government and in the office of the clerk of the396 superior court of the county of the legal situs of the local government for the purpose of397 examination and inspection by the public. The local government shall furnish anyone,398 upon written request, a copy of the proposed amendment, at no cost.399 (2) The provisions of paragraph (1) of this subsection shall a lso apply to any zoning400 decisions that provide for the abolition of all single-family r esidential zoning401 classifications within the territorial boundaries of a local government or zoning decisions402 that result in the rezoning of all property zoned for single-family residential uses within403 the territorial boundaries of a local government to multifamily residential uses of404 property.405 (3) This subsection shall not apply to zoning decisions for the rezoning of property from406 a single-family residential use of property to a multifamily re sidential use of property407 when the rezoning is initiated by the owner or authorized agent of the owner of such408 property or when the local government adopts a zoning ordinance or zoning map409 applicable to the entire land area under the governance of the local government, as410 opposed to a subset of parcels of land under the governance of the local government."411 H. B. 155 - 16 - 25 HB 155/AP SECTION 2-6.412 Said chapter is further amended by revising subsections (b.1) a nd (c) of Code413 Section 36-66-5, relating to adoption of hearing policies and p rocedures and standards for414 exercise of zoning power, as follows:415 "(b.1) In addition to policies and procedures required by subse ction (a) of this Code416 section, each local government providing for a quasi-judicial officer's, board's, board's or417 agency's grant, denial, or review of a quasi-judicial matter ma y s h a l l adopt specific418 standards and criteria governing the exercise of such quasi-jud icial decision-making419 authority, and such standards shall include the factors by whic h the local government420 directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies421 thereof made available for distribution to the general public.422 (c) The policies and procedures required by subsection (a) of this Code section and the423 adoption of standards required by subsection subsections (b) and permitted by subsection424 (b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. 425 Prior to the adoption of any zoning ordinance enacted on or aft er July 1, 2022, a local426 government shall conduct a public hearing on a proposed action which may be advertised427 and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4428 for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section429 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also430 apply to public hearings required by this subsection."431 SECTION 2-7.432 Said chapter is further amended by revising paragraph (2) of su bsection (a) of Code433 Section 36-66-5.1, relating to judicial review and procedures, as follows:434 "(2) Quasi-judicial decisions as described in this chapter and zoning decisions under435 subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate436 review by the superior court pursuant to its appellate jurisdiction from a lower judicatory437 H. B. 155 - 17 - 25 HB 155/AP body and shall be brought by way of a petition for such review as provided for in Title 5.438 Such matters shall be reviewed on the record which shall be brought to the superior court439 as provided in Title 5."440 PART IIA441 SECTION 2A-1.442 Code Section 36-36-20 of the Official Code of Georgia Annotated, relating to "contiguous443 area" defined, is amended by revising subsection (c) as follows:444 "(c) If, at the time annexation procedures are initiated, the entire area to be annexed is445 owned by the municipal governing authority to which the area is to be annexed and if446 the annexation of municipally owned property is approved by res olution of the447 governing authority of the county wherein the property is locat ed, then the term448 'contiguous area' shall mean any area which, at the time annexa tion procedures are449 initiated, abuts directly on the municipal boundary or which would directly abut on the450 municipal boundary if it were not otherwise separated from the municipal boundary by451 lands owned by the municipal corporation or some other political subdivision, by lands452 owned by this state, or by the definite width or by the length of:453 (1) Any street or street right of way;454 (2) Any creek or river; or455 (3) Any right of way of a railroad or other public service corporation456 which divides the municipal boundary and any area proposed to be annexed; provided,457 however, that an annexation by the length of paragraphs (1) through (3) of this subsection458 shall also be approved by a majority of the qualified voters of such county voting on a459 referendum to approve such annexation."460 H. B. 155 - 18 - 25 HB 155/AP PART III461 SECTION 3-1.462 (a) Part I of this Act shall become effective on January 1, 2026.463 (b) Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning464 and quasi-judicial decisions occurring on and after such date; provided, however, that no465 zoning or quasi-judicial decision occurring prior to December 3 1, 2026, shall be rendered466 invalid or void if a local government fails to implement the pr ovisions set out in Code467 Section 36-66-5.1.468 (c) Part IIA and Part III of this Act shall become effective on July 1, 2025.469 SECTION 3-2.470 All laws and parts of laws in conflict with this Act are repealed.471 H. B. 155 - 19 -