24 SB 26/AP
Senate Bill 26
By: Senators Dolezal of the 27th, Ginn of the 47th, Goodman of the 8th, Walker III of the
20th, Hickman of the 4th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
1
so as to authorize the establishment of a state-wide electric vehicle manufacturing program2
for the promotion of electric vehicle and component manufacturing in this state; to provide3
for purposes of such program; to provide for powers and duties of the department relative to4
such program; to establish a Georgia Electric Vehicle Manufacturing Commission; to5
provide for purposes and powers of such commission; to provide for membership; to provide6
for terms and reimbursement for members; to provide for definitions; to provide for a short7
title; to permit meetings and public hearings of local workforce development boards,8
development authorities, community improvement districts, hospital authorities, and boards9
of trustees or governing bodies of certain retirement systems to be held by teleconference;10
to provide that such teleconference meetings be open to the public in certain instances; to11
provide for related matters; to provide for an effective date; to repeal conflicting laws; and12
for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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PART I
15
SECTION 1-1.16
This part shall be known and may be cited as the "Georgia Electric Vehicle Future Act."17
SECTION 1-2.18
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended19
in Article 1 of Chapter 7, relating to general provisions relative to the Department of20
Economic Development, by adding a new Code section to read as follows:21
"50-7-19.
22
(a) As used in this Code section, the term:23
(1) 'Commission' means the Georgia Electric Vehicle Manufacturing Commission24
created pursuant to this Code section.25
(2) 'Department' means the Department of Economic Development.26
(3) 'EV industry' means the commercial enterprise of manufacturing electric vehicles and27
related components within this state.28
(4) 'Marketing' means promotion, advertising, signage, public relations, press relations,29
and branding; creation, use, and licensing of a trademark, copyright, and other intellectual30
property; providing discounts; and other activities of similar nature or within the term as31
it is commonly understood.32
(b) The department shall be authorized to establish, implement, and support a state-wide33
electric vehicle manufacturing program for the promotion of electric vehicle and34
component manufacturing in this state. The program shall advance the state's interest in35
developing, marketing, promoting, or recruiting the growth of the EV industry through36
continued investment or job creation in this state. The carrying out of the purposes and37
program in this article are in all respects for the benefit of the people of this state and38
constitute a public purpose. Actions by the department pursuant to this article shall be39
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an essential governmental function in the exercise of the powers conferred upon it by this40
article. Such program shall not consider, evaluate, or make recommendations relative to41
the sale, distribution, or servicing of electric vehicles.42
(c) There is created the Georgia Electric Vehicle Manufacturing Commission, as a body43
corporate and politic and an instrumentality of the state, for the following public purposes44
and powers:45
(1) To formulate recommendations to the Governor and the General Assembly to support46
and expand the growth of electric vehicle and component manufacturing in this state47
through a state-wide electric vehicle manufacturing program;48
(2) To consult with private sector employers, primary and secondary schools, the49
University System of Georgia, the Technical College System of Georgia, and other50
entities to determine workforce needs for the EV industry and to make training51
recommendations to educational institutions and the General Assembly;52
(3) To advise the department in supporting and meeting infrastructure needs for the EV53
industry, including, but not limited to, transportation, charging networks, energy supply,54
manufacturing sites, and communications networks;55
(4) To develop, in consultation with the EV industry, such marketing materials and56
advertising as the commission finds useful to promote the continued growth of EV57
industry jobs in this state;58
(5) To provide for assessments of the state interest in and benefit from encouraging the59
growth of the EV industry in this state; and60
(6) The commission shall not consider, evaluate, or make recommendations relative to61
the sale, distribution, or servicing of electric vehicles.62
(d)(1) The commission shall consist of:63
(A) The commissioner of economic development;64
(B) The director of planning for the Department of Transportation;65
(C) The commissioner of the Technical College System of Georgia;66
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(D) The chancellor of the University System of Georgia;67
(E) One representative from each electric vehicle manufacturer that is manufacturing68
vehicles in this state, appointed by the Governor;69
(F) Two representatives of electric vehicle component manufacturers that are operating70
in this state, appointed by the Governor.71
(G) A representative of an investor owned utility company, appointed by the Governor;72
(H) A representative of a cooperative utility provider, appointed by the Governor;73
(I) A licensed franchise new motor vehicle dealer in this state, appointed by the74
Governor;75
(J) Two members of the House of Representatives to serve as ex officio members,76
appointed by the Speaker of the House of Representatives; and77
(K) Two members of the Senate to serve as ex officio members, appointed by the78
President of the Senate.79
(2) The commission shall elect a chairperson from among its membership. A majority80
of the commission shall constitute a quorum, and the acts of the majority shall be the acts81
of the commission.82
(3) Members of the commission who are state officials or employees shall receive no83
compensation for their service on the commission but may be reimbursed for expenses84
incurred by them in the performance of their duties as members of the commission. Any85
members of the commission who are not state officials or employees shall receive a daily86
expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 for87
each day such member is in attendance at a meeting of the commission.88
(4) Members of the commission appointed pursuant to subparagraphs (A) through (D)89
of paragraph (1) of this subsection may designate persons to serve in their place. 90
Members appointed pursuant to subparagraphs (E) through (I) of paragraph (1) of this91
subsection shall serve for terms of two years. Members appointed pursuant to92
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subparagraphs (J) and (K) of paragraph (1) of this subsection shall serve for terms93
concurrent with their corresponding terms as members of the General Assembly.94
(e) The commission is assigned to the department for administrative purposes only. The95
Attorney General shall be the attorney for the commission.96
(f) The commissioner of economic development shall be authorized to promulgate any97
rules and regulations necessary to implement and administer the provisions of this Code98
section to further promote the marketing of this state to the EV industry for future99
investment. Rule making or actions undertaken pursuant to this Code section by the100
department shall be subject to Chapter 13 of Title 50, the 'Administrative Procedure Act.'"101
(g) Neither the commission nor the department shall issue any rule or regulation, take any102
action, or consider, evaluate, or make recommendations relative to the ownership,103
operation, or control of dealerships by manufacturers and franchisors pursuant to Code104
Section 10-1-664.1105
PART II106
SECTION 2-1.107
Said title is further amended in Code Section 50-14-1, relating to meetings to be open to the108
public, limitation on action to contest agency action, recording, notice of time and place,109
access to minutes, and teleconference, by revising subsection (f) and adding a new subsection110
to read as follows:111
"(f) An agency with state-wide jurisdiction or a committee of such an agency shall be112
authorized to conduct meetings by teleconference,; provided, however, that any such113
meeting is conducted in compliance with this chapter. A local workforce development114
board formed pursuant to the federal Workforce Innovation and Opportunity Act,115
P.L. 113-128, as now in effect or as hereafter amended, or its committees or local elected116
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officials when performing duties relative to such board, shall qualify as an agency under117
this subsection."118
"(h)(1) The following bodies and committees thereof shall be authorized to conduct119
meetings by teleconference, provided that any such meeting shall be considered to be120
conducted in compliance with this chapter so long as the notice required by this chapter121
is provided and, if fewer than a quorum of the members of a body or committee thereof122
are physically present, means have been afforded for the public to have simultaneous123
access to the teleconference meeting:124
(A) Development authorities created pursuant to or authorized by the provisions of125
Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article IX, Section VI,126
Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the127
Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV128
of the Constitution;129
(B) Community improvement districts created pursuant to the provisions of Article IX,130
Section VII of the Georgia Constitution;131
(C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31; and132
(D) The board of trustees or other governing body of any large retirement system as133
such term is defined in subsection (a) of Code Section 47-20-84.134
(2) The participation by teleconference of members of such bodies or committees thereof135
means full participation in the same manner as if such members were physically present. 136
In the event such teleconference meeting is a public hearing, and if fewer than a quorum137
of the members of a body or committee thereof are physically present, then members of138
the public shall be afforded the means to participate fully in the same manner as if such139
members of the public were physically present."140
PART III141
SECTION 3-1.142
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This Act shall become effective upon its approval by the Governor or upon its becoming law
143
without such approval.144
SECTION 3-2.145
All laws and parts of laws in conflict with this Act are repealed. 146
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