HB570: HB570 Local government; acknowledge that certain international organizations have no jurisdiction in this state

26 LC 52 0965S The House Committee on Natural Resources and Environment offe rs the following substitute to HB 570: A BILL TO BE ENTITLED AN ACT To amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions,1 so as to provide for land sovereignty and private property protections; to provide for a short2 title; to provide for legislative findings and declarations; to provide for definitions; to limit3 the effect of certain designations issued by international organizations; to prohibit the use of4 such designations; to provide for certain actions to constitute regulatory takings; to provide5 for statutory construction; to provide for a private cause of action; to authorize declaratory6 and injunctive relief; to authorize certain fees and costs; to provide for related matters; to7 provide for an effective date; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Title1 of the Official Code of Georgia Annotated, relating to general provisions, is amended11 by adding a new chapter to read as follows:12 H. B. 570 (SUB) - 1 - 26 LC 52 0965S "CHAPTER 613 1-6-1.14 This chapter shall be known and may be cited as the 'Georgia Land Sovereignty and Private15 Property Protection Act.'16 1-6-2.17 The General Assembly finds and declares that:18 (1) Georgia is a sovereign state under the Constitution of the United States and the19 Constitution of Georgia and has authority over land use, zoning, environmental policy,20 health regulations, and private property protections within its borders;21 (2) Land use and property regulations are matters of state and local concern and must22 remain accountable to elected officials;23 (3) International organizations may issue nonbinding designati ons, recommendations,24 or guidance that can be cited or relied upon in regulatory or a dministrative decision25 making;26 (4) Georgia citizens have the right to be governed by laws enacted through the legislative27 process; and28 (5) Clear statutory guidance is necessary to prevent regulatory uncertainty and to protect29 constitutional property rights.30 1-6-3.31 As used in this chapter, the term:32 (1) 'Designation' means a designation, classification, recognition, recommendation, or33 guidance.34 (2) 'International organization' means a formal entity establi shed by a treaty or35 international agreement between two or more sovereign states. Such term includes, but36 H. B. 570 (SUB) - 2 - 26 LC 52 0965S is not limited to, the United Nations, the United Nations Educa tional, Scientific and37 Cultural Organization, or the World Health Organization.38 (3) 'Local government' means any county, municipal corporation , or consolidated39 government, or other political subdivision thereof.40 (4) 'State agency' means any agency, authority, board, bureau, commission, committee,41 department, institution, office, or other instrumentality of th e executive, legislative, or42 judicial branch of government of this state.43 1-6-4.44 (a) Any designation issued by an international organization sh all have no legal or45 regulatory effect within the State of Georgia unless expressly authorized by a statute46 enacted by the General Assembly.47 (b) Unless expressly authorized by a statute enacted by the Ge neral Assembly, no state48 agency or local government shall use any designation issued by an international49 organization that in any way restricts the use of private property, including, but not limited50 to the following:51 (1) A basis for policy making, rulemaking, or regulatory enforcement;52 (2) A factor in zoning, permitting, land use planning, or environmental review;53 (3) Justification for the denial, conditioning, or delay of permits or licenses; or54 (4) Evidence in any administrative, judicial, or legislative proceeding.55 1-6-5.56 (a) No action by a state agency or local government may restrict, condition, or impair the57 lawful use, development, or transfer of private property based in whole or in part on a58 designation issued by an international organization unless expressly authorized by a statute59 enacted by the General Assembly.60 H. B. 570 (SUB) - 3 - 26 LC 52 0965S (b) Any action by a state agency or local government that directly or indirectly diminishes61 the fair market value or reasonable use of private property due to reliance on a designation62 issued by an international organization and not expressly authorized by a statute enacted63 by the General Assembly shall constitute a regulatory taking requiring just compensation64 as provided under Article I, Section III, Paragraph I of the Constitution of Georgia and the65 laws of this state.66 1-6-6.67 Unless expressly authorized by a statute enacted by the General Assembly, no state agency68 or local government shall:69 (1) Enter into agreements or partnerships with an internationa l organization that70 influence land use or property regulation;71 (2) Implement or enforce policies derived directly or indirectly from recommendations72 from an international organization; or73 (3) Promote or participate in a designation process for an int ernational organization74 affecting land within the borders of this state.75 1-6-7.76 (a) Nothing in this chapter shall be construed to:77 (1) Conflict with federal law, treaties, or obligations of the United States;78 (2) Limit the authority of the federal government; or79 (3) Prohibit voluntary participation by private persons or ent ities that impose no80 regulatory obligation on this state.81 (b) This chapter applies solely to the regulatory authority of state agencies and local82 government.83 (c) This chapter shall be interpreted consistent with the Tent h Amendment to the84 Constitution of the United States and Article I of the Constitution of Georgia.85 H. B. 570 (SUB) - 4 - 26 LC 52 0965S 1-6-8.86 (a) Any person or entity adversely affected by a violation of this chapter shall have87 standing to seek declaratory or injunctive relief.88 (b) A prevailing party may recover reasonable attorney's fees and court costs."89 SECTION 2.90 This Act shall become effective upon its approval by the Governor or upon its becoming law91 without such approval.92 SECTION 3.93 All laws and parts of laws in conflict with this Act are repealed.94 H. B. 570 (SUB) - 5 -