HB1473: HB1473 Local government; prohibit elected officials of a county, municipal corporation, or any county-municipal consolidated government from entering into nondisclosure agreements with private entities relating to economic development

26 LC 64 0082 House Bill 1473 By: Representatives Smith of the 18th, Ridley of the 6th, Franklin of the 160th, Scoggins of the 14th, and Cheokas of the 151st A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government,1 so as to prohibit elected officials of a county, municipal corporation, or any county-municipal2 consolidated government from entering into nondisclosure agreements with private entities 3 relating to economic development; to provide for governing auth orities to require the4 completion of an independent impact analysis before an official vote or action can be taken;5 to provide for requirements of such independent impact analysis; to provide for definitions;6 to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended10 by enacting a new chapter to read as follows:11 "CHAPTER 9312 36-93-1.13 As used in this chapter, the term:14 H. B. 1473 - 1 - 26 LC 64 0082 (1) 'Elected official' means any elected official of a county, municipal corporation, or any15 county-municipal consolidated government.16 (2) 'Governing authority' means the official or group of offic ials responsible for17 governance of a county, municipal corporation, or any county-mu nicipal consolidated18 government.19 (3) 'Private entity' means any natural person, corporation, ge neral partnership, limited20 liability company, limited partnership, joint venture, business trust, public benefit21 corporation, nonprofit entity, or other business entity.22 36-93-2.23 Notwithstanding any provision of law to the contrary, no agreement or contract entered into24 on or after July 1, 2026, by any elected official with a privat e entity for the intended25 purpose of economic development, including, but not limited to, land use, annexation,26 rezoning, tax incentives, public infrastructure allocation, or utility commitment, shall27 contain any provision, clause, or language that provides that the agreement or contract or28 any of its terms are confidential or that the parties to such a greement or contract are29 prohibited from disclosing, discussing, describing, or commenting upon the terms of such30 agreement or contract.31 36-93-3.32 (a) Prior to any vote or formal action taken by a governing authority involving land use,33 annexation, rezoning, tax incentives, public infrastructure allocation, utility commitment,34 or other forms of discretionary approval for an economic develo pment project, the35 governing authority shall require the completion of an independent impact analysis.36 (b) Such independent impact analysis shall, at a minimum, contain:37 (1) An analysis of the water demand and supply;38 (2) A traffic impact study;39 H. B. 1473 - 2 - 26 LC 64 0082 (3) An estimate on the impact on the electrical grid;40 (4) An analysis of sewage or waste-water capacity and discharge; and41 (5) An independent fiscal impact analysis.42 (c) An independent impact analysis required pursuant to this C ode section shall be43 conducted by a qualified third party retained and selected by t he governing authority;44 provided, however, that all costs associated with such independ ent impact analysis shall45 be borne by the private entity applicant.46 (d) An independent impact analysis shall be completed and finalized prior to scheduling47 a public hearing and made publicly available no later than 14 days before any official vote48 or action by the governing authority."49 SECTION 2.50 All laws and parts of laws in conflict with this Act are repealed.51 H. B. 1473 - 3 -