Senate Bill 448
By: Senators Mallow of the 2nd, Howard of the 35th, Jackson of the 41st, Kemp of the 38th
and Harbison of the 15th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,
relating to imposition, rate, computation, exemptions, and credits for state income taxes, so
as to require certain senior living facilities to acquire and maintain sufficient emergency and
standby power systems to provide for the safety and welfare of residents at such facility; to
provide for definitions; to provide for inspection and enforcement; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to
imposition, rate, computation, exemptions, and credits for state income taxes, is amended in
Code Section 48-7-29.6, relating to tax credits for qualified low-income buildings, by adding
a new subsection to read as follows:
<ins>"(d)(1) As used in this subsection, the term:
(A) 'Emergency and standby power system' means:
(i) An on-site operational backup generator and an on-site supply of fuel sufficient
to sustain such generator; or
(ii) An alternate power source approved by the department by rule or regulation.
</ins>
<ins>(B) 'Senior living facility' means any facility that is designed for occupancy by
individuals 55 years of age or older who are fully ambulatory or who require no
medical or personal assistance or supervision and:
(i) Is two or more stories in height;
(ii) Is a multiple dwelling structure;
(iii) Is equipped to offer accessory uses and to provide support services; and
(iv) Is fitted to provide accommodations for people who require only limited or
intermittent medical or personal assistance.
(2) On and after January 1, 2027, the department shall require each qualified Georgia
project that includes a senior living facility and is allowed the Georgia housing tax credit
provided under this Code section to acquire and maintain an emergency and standby
power system sufficient to ensure continuity of operation for not less than 96 hours,
including, but not limited to, providing power to safe egress, emergency lighting, and
temperature control for the protection of resident safety and welfare.
(3) The state revenue commissioner, Safety Fire Commissioner, and commissioner of
community affairs shall coordinate inspection and enforcement."
</ins> SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.