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2008 Georgia legislative session updates provided by BOMA-Atlanta lobbyist FiveashStanley (click on the dates below):

2007 Georgia Legislative Session
In 2007, BOMA-Atlanta had another successful year in working with the state legislature, successfully advocating favorable legislation while defending against onerous bills.

BOMA Day at the Capitol brought industry professionals face to face with those who decide the fate of legislation. Representatives of BOMA also participated in various coalitions, representing the voice of commercial property owners and managers on various pieces of legislation. BOMA’s efforts were also vital in leading the industry’s fight against expensive mandates and dangerous anti-property gun legislation.

Below is a summary of some of the key legislation at the state level in which BOMA-Atlanta was active over the past two years. In addition to the legislation below, BOMA-Atlanta also monitored several other bills and resolutions affecting the commercial real estate industry.

House Bill 1230 - Impact Fees.
This was a positive bill that would have redefined impact fee service areas to ensure that money collected for impact fees is spent in the area impacted by the development that paid the fees. Too often, impact fees collected in one part of a county are dispersed in ways that provide no relief whatever to the development project. BOMA developed a position statement to support this legislation and lobbied for its passage; however, the bill did not pass.

House Bill 1385 - Building Plan Reviews and Inspections.
This bill provided for the employment of private professionals to perform building plan reviews and inspections relating to state building, plumbing and electrical codes when the local jurisdiction cannot timely perform such services. BOMA supported this legislation and lobbied for its passage. The bill did pass.

Senate Bill 575 - Retrofit of Low-Flow Plumbing Fixtures. The legislation would have required metro-area cities and counties to include within a water supply and conservation plan a mandate that prohibits new water connections or accounts to commercial or residential properties unless low-flow plumbing fixtures are installed. This would have included all faucets, shower heads and toilets.

The bill further required that in case the owner does not comply, the local government must install the new devices and fixtures and add the cost to the monthly water bills. BOMA developed a position statement against this legislation and offered an alternative voluntary, incentive-based approach. BOMA’s efforts, which were instrumental in stopping the bill from passing, were highlighted in the Atlanta Business Chronicle.

House Resolution 162 - Ad Valorem Limits.
This resolution would have amended the Georgia Constitution to place a 3% limit on the rate of increase in the value of all property for ad valorem taxation. Although BOMA developed a position statement in support of this resolution, the resolution did not pass.

House Resolution 1286 - Plumbing Retrofit Legislation.
This resolution, although not binding, is similar to Senate Bill 575. The resolution would have encouraged the North Georgia Water Planning District to require toilets in all residential properties to be retrofitted with low-flow devices at the point of sale or lease. Instead of introducing a bill that would have changed state law, rural legislators introduced this resolution. BOMA opposed the resolution, and it did not pass.

House Bill 998 - Georgia Self Defense Act.
This bill would have required property owners to allow individuals parking on their property to be able to store a gun in their vehicle. BOMA saw this as a fundamental property rights issue and developed a position statement strongly opposing the legislation. Maria Figuerido, Government Affairs Committee co-chair, also testified on behalf of BOMA at a committee hearing on the bill. The bill did not pass.

House Bill 1107 - Conservation Tax Break.
This bill would allowed a state income tax credit against the tax imposed for each qualified donation of real property for conservation purposes. Such credit shall be limited to an amount not to exceed the lesser of $500,000 or 25% of the fair market value of the donated real property as fair market value is established for the year in which the donation occurred. BOMA supported this bill, and it passed.

Senate Bill 530 - Lien rights.
This bill permits a utility contractor to lien the property of a property owner who contracted for service, even if the work was done in the right-of- way, if done for the benefit of the property owner. BOMA advocated for removal of language that would have allowed unpaid services contracted by tenants and subcontractors to be used as a lien on commercial property. The legislation was amended in accordance with BOMA’s position and then passed.