HB309: HB309 Local government; require adoption of a resolution or ordinance and voter approval prior to abolishment of a police force that was created by such method

26 HB 309/SCSFA SENATE SUBSTITUTE TO HB 309 ADOPTED SENATE A BILL TO BE ENTITLED AN ACT To amend Title 8, Title 12, Title 50, and Title 36 of the Official Code of Georgia Annotated,1 relating to buildings and housing, conservation and natural resources, and local government,2 respectively, so as to revise provisions related to inspections submitted by private3 professional providers; to revise provisions regarding denial o r nonacceptance of permits;4 to require local issuing authorities to provide rejected permit applicants with a written list of5 reasons for denial within specified time frames; to provide for refunding of fees; to provide6 for mandamus; to toll such timing requirements in certain circu mstances; to provide7 exceptions; to require adoption of a resolution or ordinance an d voter approval prior to8 abolishment of a police force that was created by such method; to provide for a referendum;9 to provide general provisions for counties and municipalities r egarding the acceptance,10 denial, or nonacceptance of certain permits; to require unambiguous criteria for approval of11 permits; to require completed applications; to require local is suing authorities to provide12 rejected permit applicants with a written list of reasons for d enial within specified time13 frames; to provide for refunding of fees; to provide for exceptions; to provide for access to14 real-time status information relative to building permit applic ation status; to provide that15 local moratoria shall not apply to certain properties in certain circumstances; to provide for16 definitions; to amend Code Section 50-14-1 of the Official Code of Georgia Annotated,17 relating to meetings open to the public, limitation on action t o contest agency action,18 recording, notice of time and place, access to minutes, and teleconference, so as to revise a19 - 1 - 26 HB 309/SCSFA provision authorizing community service boards to conduct teleconference meetings under20 certain circumstances; to provide for related matters; to repeal conflicting laws; and for other21 purposes.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 SECTION 1.24 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is25 amended in Chapter 2, relating to standards and requirements for construction and alteration26 of buildings and other structures, by revising paragraph (14) o f subsection (g) of Code27 Section 8-2-26, relating to local enforcement, inspectors, and building permits, as follows:28 "(14) Upon submission by the private professional provider of a copy of his or her an29 approved inspection report to the local governing authority, said local governing authority30 shall be required to accept the inspection of the private professional provider without the31 necessity of further inspection or approval by the inspectors or other personnel employed32 by the local governing authority unless said governing authority has notified the private33 professional provider, within two such inspection shall be deemed approved as a matter34 of law. The local governing authority shall have two business days after the submission35 of the inspection report, that it finds the report incomplete or the inspection inadequate36 and has provided the private professional provider to notify the private professional37 provider of any deficiencies in such inspection report with a written description of the38 such deficiencies and specific regulatory requirements that have no t been adequately39 addressed. The private professional provider shall submit a corrected inspection report40 after receiving notice from the local governing authority of de ficiencies in such41 inspection report, but in no event shall any deficiency in an i nspection report or a42 correction to such report prevent the completion of work that has been approved by the43 - 2 - 26 HB 309/SCSFA private professional provider or otherwise delay the progress of the project related to the44 private professional provider's inspection."45 SECTION 2.46 Title 12 of the Official Code of Georgia Annotated, relating co nservation and natural47 resources, is amended in Chapter 7, relating to control of soil erosion and sedimentation, by48 revising paragraph (10.3) of and adding new paragraphs to Code Section 12-7-3, relating to49 definitions, to read as follows:50 "(3.1) 'Completed application' means a submitted plan, applicat ion, or request for51 inspection that contains all information and supporting documen tation required by the52 local issuing authority in making its determination as to whether the plan, application, or53 request is in compliance with regulatory requirements."54 "(10.3) 'Material addition' means anything added to a resubmitted application that is not55 directly related to a comment or request of the local issuing authority.56 (10.4) 'Operator' means the party or parties that have:57 (A) Operational control of construction project plans and specifications, including the58 ability to make modifications to those plans and specifications; or59 (B) Day-to-day operational control of those activities that ar e necessary to ensure60 compliance with a storm-water pollution prevention plan for the site or other permit61 conditions, such as a person authorized to direct workers at a site to carry out activities62 required by the storm-water pollution prevention plan or to comply with other permit63 conditions."64 SECTION 3.65 Said title is further amended in said chapter by revising Code Section 12-7-9, relating to66 applications for permits, erosion and sediment control plans and data, and time for issuance67 or denial, as follows:68 - 3 - 26 HB 309/SCSFA "12-7-9.69 (a) Completed applications Applications for permits shall be submitted in accordance with70 this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant to71 this chapter. The local issuing authority shall specify in clear and unambiguous language72 the criteria for approval of permits pursuant to this chapter. Such applications shall be73 accompanied by the applicant's erosion and sediment control plans and by such supportive74 data as will affirmatively demonstrate that the land-disturbing activity proposed will be75 carried out in such a manner that the minimum requirements set forth in Code76 Section 12-7-6 shall be met. All applications shall contain a certification stating that the77 plan preparer or the designee thereof his or her designee visited the site prior to creation78 of the plan or that such a visit was not required in accordance with rules and regulations79 established by the board.80 (b) No permit shall be issued to any applicant unless the loca l issuing authority81 affirmatively determines that the plan embracing such activities meets the requirements of82 Code Section 12-7-6. All applicable fees shall be paid prior t o issuance of the land83 disturbance permit by the local issuing authority.84 (c) Permits shall be issued or denied as soon as practicable after the application therefor85 for such permit has been filed with the local issuing authority, but in any ev ent not later86 than 45 days thereafter after such filing. During the first five days after filing of the87 application, the local issuing authority shall determine whether the application is complete88 and whether external review will be required pursuant to subsec tion (e) of this Code89 section, in which event the local issuing authority shall notify the external reviewer of the90 filing of the application. If after such five-day period the l ocal issuing authority fails to91 provide notice to the applicant that the application is incomplete, the application shall be92 deemed complete. In the event that a permit has been denied or deemed not accepted and93 the applicant thereafter resubmits the application in modified form to address deficiencies94 identified in the stated reasons for denial or nonacceptance pu rsuant to subsection (a) of95 - 4 - 26 HB 309/SCSFA Code Section 12-7-11, then the local issuing authority shall cause the permit to be issued96 or denied as soon as practicable after such resubmission, but in any event not later than:97 (1) Twenty days after the first resubmission by the applicant; or98 (2) Fourteen days after any subsequent resubmission by the applicant;99 provided, however, that, for any review by the local issuing au thority following a100 resubmission by the applicant, the local issuing authority may not issue any comments on101 aspects of the application that are not related to its initial comments on such application or102 any changes made in a resubmission of the application. The provisions of this subsection103 shall not apply to any development of regional impact, as determined by the Department104 of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50.105 (d) If a local issuing authority requires compliance with additional regulatory items by the106 applicant beyond erosion and sediment control, including, but not limited to, storm-water107 management or utility a pprovals that are subject to the approva l of such local issuing108 authority, all such requirements shall be subject to the review time frames imposed in109 subsection (c) of this Code section.110 (e) If a local issuing authority is required to utilize a stat e or federal agency, local111 government other than the local issuing authority, or utility provider to conduct a portion112 of its plan or permit review pursuant to this chapter, the loca l issuing authority shall113 provide to the applicant a list of such items that require external review. The review time114 frames imposed in subsection (c) of this Code section shall be tolled while such reviews115 are being conducted by a state or federal agency."116 SECTION 4.117 Said title is further amended in said chapter by revising Code Section 12-7-11, relating to118 statement of reasons for denial of permit required, conditions for approval, and suspension,119 revocation, or modification of permit, as follows:120 "12-7-11.121 - 5 - 26 HB 309/SCSFA (a) Within the time frames specified by Code Section 12-7-9, the local issuing authority122 shall issue or deny the permit. In the event that such authori ty does not issue or deny a123 permit within the provided time frame, the local issuing author ity shall refund all fees124 collected in association with the applicant's permit application. The local issuing authority,125 upon denial of a permit, shall state its reasons for the denial , setting forth specifically126 wherein where such application is found to be deficient. No local issuing authority shall127 deny or deem not accepted a permit for any reason that is not a n authorized reason for128 denial or nonacceptance under local, state, or federal law with which the application or129 plans do not comply. Concurrently with denial or nonacceptance , the local issuing130 authority shall provide to the applicant a written list of the reasons for such denial or131 nonacceptance and sufficient information and documentation supporting each such reason.132 Should the applicant make material additions to the resubmitted application that are133 unrelated to the cited reasons for the denial or nonacceptance of the original application,134 the local issuing authority shall also address such additions in reviewing the resubmitted135 application. Material additions to any resubmitted application or to any application which136 the local issuing authority has notified the applicant is incom plete shall be deemed new137 applications subject to the review timeline provided for in sub section (c) of Code138 Section 12-7-9. Any land-disturbing activity permitted under this chapter shall be carried139 out in accordance with this chapter and the ordinance, resolution, or rules and regulations140 adopted and promulgated pursuant to this chapter. The local issuing authority shall specify141 on the permit the conditions under which the activity may be undertaken.142 (b) The permit may be suspended, revoked, or modified by the local issuing authority, as143 to all or any portion of the land affected by the plan, upon a finding that the holder or his144 or her successor in title is not in compliance with the approve d erosion and sediment145 control plan or that the holder or his or her successor in title is in violation of this chapter146 or any ordinance, resolution, rule, or regulation adopted or pr omulgated pursuant to this147 chapter. A holder of a permit shall notify any successor in ti tle to him or her as to all or148 - 6 - 26 HB 309/SCSFA any portion of the land affected by the approved plan of the co nditions contained in the149 permit.150 (c) An applicant aggrieved by a local issuing authority's fail ure to comply with any151 requirement of this Code section may petition the superior court for mandamus relief, and152 such petition shall receive priority on such court's docket."153 SECTION 5.154 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended155 in Chapter 8, relating to county police, by revising Code Section 36-8-2, relating to terms of156 office, removal, and authority to abolish county police force, as follows:157 "36-8-2.158 (a) Except as otherwise provided for in subsection (b) of this Code section, the The terms159 for which county police shall be elected or appointed shall be left to the discretion of the160 county governing authority. Such county police or any member thereof may be removed161 from office at any time, at the will of the county governing au thority, with or without162 cause. A resolution or ordinance authorizing the creation of a county police force adopted163 by a county governing authority and approved by the qualified electors of the county in a164 special election as provided in subsection (b) of Code Section 36-8-1 shall not affect the165 power of the county governing authority to abolish a county police force at any time.166 (b)(1) A county police force created pursuant to subsection (b) of Code Section 36-8-1167 shall be abolished only by adoption of a resolution or ordinance by a county governing168 authority and with approval by the qualified electors of such c ounty pursuant to this169 subsection.170 (2) Any county governing authority seeking to abolish a police force created pursuant171 to subsection (b) of Code Section 36-8-1 may authorize, through proper resolution or172 ordinance, the abolishment of such county police force. No res olution or ordinance173 adopted pursuant to this paragraph shall become effective until the governing authority174 - 7 - 26 HB 309/SCSFA of the county has submitted to the qualified electors of the county the question of whether175 the resolution or ordinance shall be approved or rejected. The county governing authority176 shall establish the date of the election in compliance with Code Section 21-2-540, which177 shall be not less than 30 days after the call of the election, and shall notify the county178 election superintendent of its decision as to the date. The election superintendent shall179 issue the call for the election and shall specify that the election shall be held on the date180 determined by the county governing authority. The election superintendent shall cause181 the date and purpose of the el ection to be published once a wee k for two weeks182 immediately preceding the date thereof in the official organ of the county. The ballot183 shall have written or printed thereon the following:184 '( ) YES185 ( ) NO186 Shall the resolution or ordinance adopted by the governing authority of (Name of County) to abolish the county police force be approved?' (3) Those persons desiring to vote in favor of the abolishment of the county police force187 shall vote 'Yes,' and those persons opposed to the abolishment of the county police force188 shall vote 'No.' If more than one-half of the votes cast on the question are in favor of the189 abolishment of the county police force, then the county governi ng authority shall be190 authorized to abolish the county police force pursuant to the provisions of this chapter;191 otherwise, the county police force shall not be abolished. If the resolution or ordinance192 is rejected by the qualified electors, the question of the abolishment of the county police193 force may not again be submitted to the voters of the county wi thin 48 months194 immediately following the month in which such election was held. The county election195 superintendent shall hold and conduct the election under the same rules and regulations196 as govern special elections, except as otherwise provided in pa ragraph (2) of this197 subsection. He or she shall canvass the returns and declare and certify the result of the198 election to the Secretary of State. The expense of any such election shall be borne by the199 county wherein the election was held."200 - 8 - 26 HB 309/SCSFA SECTION 6.201 Said title is further amended in Chapter 60, relating to genera l provisions applicable to202 counties and municipal corporations, by adding a new Code section to read as follows:203 "36-60-34.204 (a) As used in this Code section, the term:205 (1) 'Building permit' means any permit, approval, or authorization issued by a county or206 municipal government relating to the construction, alteration, expansion, demolition, or207 substantial renovation of a structure. For purposes of this se ction, land disturbance208 permits are included.209 (2) 'Local government' means a county, municipality, or consolidated government that210 issued more than 250 building permits in the preceding calendar year.211 (3) 'Real time' means updated contemporaneously with, or within one business day of212 any change in the status of a building permit.213 (4) 'Status' means the current stage of review or action on a building permit application.214 (b) Beginning January 1, 2028, each local government shall maintain a publicly accessible215 website or application that provides real-time status information for all building permits for216 which an application has been submitted.217 (c) The website required by subsection (b) of this Code sectio n shall, at a minimum,218 display the following information for each building permit:219 (1) Permit application number;220 (2) Date of application submission;221 (3) Property address or parcel identification number;222 (4) Type of permit applied for;223 (5) Current status of the permit, including, but not limited to:224 (A) 'Submitted';225 (B) 'Under review';226 (C) 'Incomplete' or 'additional information required';227 - 9 - 26 HB 309/SCSFA (D) 'Approved';228 (E) 'Issued';229 (F) 'Suspended';230 (G) 'Denied'; or231 (H) 'Closed';232 (6) Date of the most recent status update;233 (7) Any failures to meet deadlines for approval or denial set by state or local law;234 (8) The statutory basis for any denials; and235 (9) Identification of the reviewing department or office.236 (d) The permit status information required by subsection (c) of this Code section shall be:237 (1) Searchable by permit number, property address, or parcel identification number;238 (2) Available to the public without charge, registration, or login; and239 (3) Presented in a format that is continuously accessible and reasonably usable by the240 general public.241 (e) Local governments shall ensure that permit status information is accurate and updated242 in real time. A local government may satisfy the requirements of this Code section by243 providing a direct public link to a third-party permitting or r ecords management system,244 provided such system displays the information required by subse ction (c) of this Code245 section.246 (f) This Code section shall not require the disclosure of:247 (1) Information protected from public disclosure under state or federal law; or248 (2) Personal identifying information of permit applicants beyo nd what is otherwise249 publicly available under state law.250 (g) Nothing in this Code section shall be construed to alter s ubstantive permitting251 standards, review timelines, or appeal rights otherwise provided by law."252 - 10 - 26 HB 309/SCSFA SECTION 7.253 Said title is further amended in said chapter by adding a new Code section to read as follows:254 "36-60-35.255 (a) As used in this Code section, the term 'zoning decision' shall have the same meaning256 as set forth in Code Section 36-66-3.257 (b) In the event that a county or municipality adopts or enacts a temporary moratorium on258 the issuance of one or more permits or zoning decisions, such moratorium shall not apply259 to any property where the governing authority for such local government has given, in good260 faith, official written approval, or confirmation for a specific development scope for such261 property, or where such local government issued permits not related to the matters subject262 to the moratorium for the development of such property."263 SECTION 8.264 Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings open265 to the public, limitation on action to contest agency action, r ecording, notice of time and266 place, access to minutes, and teleconference, is amended by rev ising subparagraph (A) of267 paragraph (1) of subsection (h) as follows:268 "(h)(1) The following bodies and committees thereof shall be au thorized to conduct269 meetings by teleconference, provided that any such meeting shal l be considered to be270 conducted in compliance with this chapter so long as the notice required by this chapter271 is provided and, if fewer than a quorum of the members of a body or committee thereof272 are physically present, means have been afforded for the public to have simultaneous273 access to the teleconference meeting:274 (A) Development Authorities created pursuant to or authorized by the provision s of275 Chapter 41 or Chapter 61 of Title 36, development authorities created pursuant to or276 authorized by the provisions of Chapter 42 or Chapter 62 of Title 36, by or pursuant to277 Article IX, Section VI, Paragraph III of the Georgia Constitution, or by or pursuant to278 - 11 - 26 HB 309/SCSFA any amendment to the Constitution continued pursuant to the authority of Article XI,279 Section I, Paragraph IV of the Constitution;"280 SECTION 9.281 All laws and parts of laws in conflict with this Act are repealed.282 - 12 -