HB1066: HB1066 Nuisances; immunity from public and private nuisance claims; provide

26 LC 47 4018S The House Committee on Governmental Affairs offers the following substitute to HB 1066: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to1 general provisions regarding nuisances, so as to provide immunity from public and private2 nuisance claims relating to racing operations; to provide for immunity for nuisance claims3 based on changed conditions; to permit nuisance claims for changed conditions relating to4 changes in the historic racing operations; to provide for defin itions; to provide for an5 effective date and applicability; to provide for related matters; to repeal conflicting laws; and6 for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 1 of Title 41 of the Official Code of Georgia Annotated , relating to general10 provisions regarding nuisances, is amended by adding a new Code section to read as follows:11 "41-1-11.12 (a) As used in this Code section, the term:13 (1) 'Area of the racing facility' means:14 (A) A five-mile radius around the perimeter of a racing facility in a rural county; or15 (B) A three-mile radius around the perimeter of a racing facility in any other county.16 H. B. 1066 (SUB) - 1 - 26 LC 47 4018S (2) 'Racing facility' means a designated area or facility where competitive vehicle and17 motorsport races are conducted. Such term shall include the tr ack, spectator areas,18 garages, and any associated grounds, buildings, or appurtenance s contiguous to such19 facilities used for racing operations.20 (3) 'Racing operations' means the lawful, permitted, or historically established use of a21 permanent or seasonal racing facility for organized, sanctioned , or scheduled motor22 vehicle racing activities, including competitive or exhibition events, and all acts,23 conditions, and effects that are reasonably inherent, necessary, or incidental to such use,24 and shall include, but not be limited to:25 (A) Practice, testing, qualifying, and racing events;26 (B) Operation of race vehicles on track, in pit areas, staging lanes, and paddocks;27 (C) Vehicle inspection, maintenance, repair, fueling, and safety operations conducted28 at a racing facility;29 (D) Use of lighting, sound systems, timing and scoring equipme nt, generators, and30 related infrastructure;31 (E) Presence and movement of participants, officials, employees, vendors, emergency32 personnel, and spectators; or33 (F) Noise, vibration, dust, traffic, lighting, fumes, and emissions customarily associated34 with racing facilities and events;35 provided, however, that racing operations shall not include all-terrain vehicle racing or36 exhibition; recreational off-road or trail riding; unorganized, unsanctioned, or casual37 vehicle operation not associated with a motorsports event; or motor vehicle use occurring38 outside the boundaries or scheduled activities of a racing facility.39 (4) 'Rural county' means a county having a population of less than 50,000 according to40 the United States decennial census of 2020 or any future such census.41 (b) No property owner shall bring a nuisance claim, either pub lic or private, against a42 racing facility that was built before such property owner purchased real property or built43 H. B. 1066 (SUB) - 2 - 26 LC 47 4018S new construction within the area of the racing facility when su ch claim is related to or44 arises from racing operations.45 (c) No racing facility shall become a nuisance, either public or private, solely as a result46 of changed conditions related to racing operations in or around the area of the racing47 facility if the racing facility has been in operation for at le ast one year since the date on48 which it commenced operation as a racing facility when such claim is related to or arises49 from racing operations.50 (d) The immunity provided by this Code section shall not apply to claims based solely on51 a material change to the historic racing operations of a racing facility."52 SECTION 2.53 This Act shall become effective on July 1, 2026, and shall apply to all nuisance actions filed54 on or after such date.55 SECTION 3.56 All laws and parts of laws in conflict with this Act are repealed.57 H. B. 1066 (SUB) - 3 -