Georgia 2023-2024 Regular Session

Georgia Senate Bill SB26 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 SB 26/AP
2		-	Senate Bill 26
3		-	By: Senators Dolezal of the 27th, Ginn of the 47th, Goodman of the 8th, Walker III of the
4		-	20th, Hickman of the 4th and others
5		-	AS PASSED
	1	+	23 LC 47 2473S
	2	+	S. B. 26 (SUB)
	3	+	- 1 -
	4	+	The House Committee on Governmental Affairs offers the following substitute to SB 26:
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8		-	To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
9		-	1
	7	+	To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,1
10	8		so as to authorize the establishment of a state-wide electric vehicle manufacturing program2
11	9		for the promotion of electric vehicle and component manufacturing in this state; to provide3
12	10		for purposes of such program; to provide for powers and duties of the department relative to4
13	11		such program; to establish a Georgia Electric Vehicle Manufacturing Commission; to5
14	12		provide for purposes and powers of such commission; to provide for membership; to provide6
15	13		for terms and reimbursement for members; to provide for definitions; to provide for a short7
16	14		title; to permit meetings and public hearings of local workforce development boards,8
17	15		development authorities, community improvement districts, hospital authorities, and boards9
18	16		of trustees or governing bodies of certain retirement systems to be held by teleconference;10
19	17		to provide that such teleconference meetings be open to the public in certain instances; to11
20	18		provide for related matters; to provide for an effective date; to repeal conflicting laws; and12
21	19		for other purposes.13
22		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
23		-	S. B. 26
24		-	- 1 - 24 SB 26/AP
25		-	PART I
26		-	15
	20	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 47 2473S
	21	+	S. B. 26 (SUB)
	22	+	- 2 -
	23	+	PART I15
27	24		SECTION 1-1.16
28	25		This part shall be known and may be cited as the "Georgia Electric Vehicle Future Act."17
29	26		SECTION 1-2.18
30	27		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended19
31	28		in Article 1 of Chapter 7, relating to general provisions relative to the Department of20
32	29		Economic Development, by adding a new Code section to read as follows:21
33		-	"50-7-19.
34		-	22
	30	+	"50-7-19.22
35	31		(a) As used in this Code section, the term:23
36	32		(1) 'Commission' means the Georgia Electric Vehicle Manufacturing Commission24
37	33		created pursuant to this Code section.25
38	34		(2) 'Department' means the Department of Economic Development.26
39	35		(3) 'EV industry' means the commercial enterprise of manufacturing electric vehicles and27
40	36		related components within this state.28
41	37		(4) 'Marketing' means promotion, advertising, signage, public relations, press relations,29
42	38		and branding; creation, use, and licensing of a trademark, copyright, and other intellectual30
43	39		property; providing discounts; and other activities of similar nature or within the term as31
44	40		it is commonly understood.32
45		-	(b) The department shall be authorized to establish, implement, and support ~~a state-wide33~~
46		-	electric vehicle manufacturing program for the promotion of electric ~~vehicle and34~~
47		-	component manufacturing in this state. The program shall advance the state's ~~interest in35~~
48		-	developing, marketing, promoting, or recruiting the growth of the EV industry through36
	41	+	(b)(1) The department shall be authorized to establish, implement, and support a33
	42	+	state-wide electric vehicle manufacturing program for the promotion of electric vehicle34
	43	+	and component manufacturing in this state. The program shall advance the state's interest35
	44	+	in developing, marketing, promoting, or recruiting the growth of the EV industry through36
49	45		continued investment or job creation in this state. The carrying out of the purposes and37
50	46		program in this article are in all respects for the benefit of the people of this state and38
51		-	constitute a public purpose. Actions by the department pursuant to this article shall be39
52		-	S. B. 26
53		-	- ~~2 - 24 SB 26/AP~~
	47	+	constitute a public purpose. Actions by the department pursuant to this article shall be39 23 LC 47 2473S
	48	+	S. B. 26 (SUB)
	49	+	- 3 -
54	50		an essential governmental function in the exercise of the powers conferred upon it by this40
55	51		article. Such program shall not consider, evaluate, or make recommendations relative to41
56	52		the sale, distribution, or servicing of electric vehicles.42
57		-	(c) There is created the Georgia Electric Vehicle Manufacturing Commission, as a body43
58		-	corporate and politic and an instrumentality of the state, for the following public purposes44
59		-	and powers:45
60		-	(1) To formulate recommendations to the Governor and the General Assembly to support46
61		-	and expand the growth of electric vehicle and component manufacturing in this state47
62		-	through a state-wide electric vehicle manufacturing program;48
63		-	(2) To consult with private sector employers, primary and secondary schools, the49
64		-	University System of Georgia, the Technical College System of Georgia, and other50
65		-	entities to determine workforce needs for the EV industry and to make training51
66		-	recommendations to educational institutions and the General Assembly;52
67		-	(3) To advise the department in supporting and meeting infrastructure needs for the EV53
68		-	industry, including, but not limited to, transportation, charging networks, energy supply,54
69		-	manufacturing sites, and communications networks;55
70		-	(4) To develop, in consultation with the EV industry, such marketing materials and56
71		-	advertising as the commission finds useful to promote the continued growth of EV57
72		-	industry jobs in this state;58
73		-	(5) To provide for assessments of the state interest in and benefit from encouraging the59
74		-	growth of the EV industry in this state; and60
75		-	(6) The commission shall not consider, evaluate, or make recommendations relative to61
76		-	the sale, distribution, or servicing of electric vehicles.62
77		-	(d)(1) The commission shall consist of:63
78		-	(A) The commissioner of economic development;64
79		-	(B) The director of planning for the Department of Transportation;65
80		-	(C) The commissioner of the Technical College System of Georgia;66
81		-	S. B. 26
82		-	- 3 - 24 SB 26/AP
83		-	(D) The chancellor of the University System of Georgia;67
84		-	(E) One representative from each electric vehicle manufacturer that is manufacturing68
85		-	vehicles in this state, appointed by the Governor;69
86		-	(F) Two representatives of electric vehicle component manufacturers that are operating70
87		-	in this state, appointed by the Governor.71
88		-	(G) A representative of an investor owned utility company, appointed by the Governor;72
89		-	(H) A representative of a cooperative utility provider, appointed by the Governor;73
90		-	(I) A licensed franchise new motor vehicle dealer in this state, appointed by the74
91		-	Governor;75
92		-	(J) Two members of the House of Representatives to serve as ex officio members,76
93		-	appointed by the Speaker of the House of Representatives; and77
94		-	(K) Two members of the Senate to serve as ex officio members, appointed by the78
95		-	President of the Senate.79
96		-	(2) The commission shall elect a chairperson from among its membership. A majority80
97		-	of the commission shall constitute a quorum, and the acts of the majority shall be the acts81
98		-	of the commission.82
99		-	(3) Members of the commission who are state officials or employees shall receive no83
100		-	compensation for their service on the commission but may be reimbursed for expenses84
101		-	incurred by them in the performance of their duties as members of the commission. Any85
102		-	members of the commission who are not state officials or employees shall receive a daily86
103		-	expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 for87
104		-	each day such member is in attendance at a meeting of the commission.88
105		-	(4) Members of the commission appointed pursuant to subparagraphs (A) through (D)89
106		-	of paragraph (1) of this subsection may designate persons to serve in their place. 90
107		-	Members appointed pursuant to subparagraphs (E) through (I) of paragraph (1) of this91
108		-	subsection shall serve for terms of two years. Members appointed pursuant to92
109		-	S. B. 26
110		-	- 4 - 24 SB 26/AP
111		-	subparagraphs (J) and (K) of paragraph (1) of this subsection shall serve for terms93
112		-	concurrent with their corresponding terms as members of the General Assembly.94
113		-	(e) The commission is assigned to the department for administrative purposes only. The95
114		-	Attorney General shall be the attorney for the commission.96
115		-	(f) The commissioner of economic development shall be authorized to promulgate any97
116		-	rules and regulations necessary to implement and administer the provisions of this Code98
117		-	section to further promote the marketing of this state to the EV industry for future99
118		-	investment. Rule making or actions undertaken pursuant to this Code section by the100
119		-	department shall be subject to Chapter 13 of Title 50, the 'Administrative Procedure Act.'"101
120		-	(g) Neither the commission nor the department shall issue any rule or regulation, take any102
121		-	action, or consider, evaluate, or make recommendations relative to the ownership,103
122		-	operation, or control of dealerships by manufacturers and franchisors pursuant to Code104
123		-	Section 10-1-664.1105
124		-	PART II106
125		-	SECTION 2-1.107
126		-	Said title is further amended in Code Section 50-14-1, relating to meetings to be open to the108
127		-	public, limitation on action to contest agency action, recording, notice of time and place,109
128		-	access to minutes, and teleconference, by revising subsection (f) and adding a new subsection110
129		-	to read as follows:111
130		-	"(f) An agency with state-wide jurisdiction or a committee of such an agency shall be112
131		-	authorized to conduct meetings by teleconference,; provided, however, that any such113
132		-	meeting is conducted in compliance with this chapter. A local workforce development114
133		-	board formed pursuant to the federal Workforce Innovation and Opportunity Act,115
134		-	P.L. 113-128, as now in effect or as hereafter amended, or its committees or local elected116
135		-	S. B. 26
136		-	- 5 - 24 SB 26/AP
137		-	officials when performing duties relative to such board, shall qualify as an agency under117
138		-	this subsection."118
139		-	"(h)(1) The following bodies and committees thereof shall be authorized to conduct119
140		-	meetings by teleconference, provided that any such meeting shall be considered to be120
141		-	conducted in compliance with this chapter so long as the notice required by this chapter121
142		-	is provided and, if fewer than a quorum of the members of a body or committee thereof122
143		-	are physically present, means have been afforded for the public to have simultaneous123
144		-	access to the teleconference meeting:124
145		-	(A) Development authorities created pursuant to or authorized by the provisions of125
146		-	Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article IX, Section VI,126
147		-	Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the127
148		-	Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV128
149		-	of the Constitution;129
150		-	(B) Community improvement districts created pursuant to the provisions of Article IX,130
151		-	Section VII of the Georgia Constitution;131
152		-	(C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31; and132
153		-	(D) The board of trustees or other governing body of any large retirement system as133
154		-	such term is defined in subsection (a) of Code Section 47-20-84.134
155		-	(2) The participation by teleconference of members of such bodies or committees thereof135
156		-	means full participation in the same manner as if such members were physically present. 136
157		-	In the event such teleconference meeting is a public hearing, and if fewer than a quorum137
158		-	of the members of a body or committee thereof are physically present, then members of138
159		-	the public shall be afforded the means to participate fully in the same manner as if such139
160		-	members of the public were physically present."140
161		-	PART III141
162		-	SECTION 3-1.142
163		-	S. B. 26
164		-	- 6 - 24 SB 26/AP
165		-	This Act shall become effective upon its approval by the Governor or upon its becoming law
166		-	143
167		-	without such approval.144
168		-	SECTION 3-2.145
169		-	All laws and parts of laws in conflict with this Act are repealed. 146
170		-	S. B. 26
	53	+	(2) Pursuant to the purpose of the state-wide electric vehicle manufacturing program, the43
	54	+	department shall be authorized to contract with the Department of Transportation, the44
	55	+	State Road and Tollway Authority, the Georgia Technology Authority, the Georgia45
	56	+	Environmental Finance Authority, or other instrumentalities of the state for the46
	57	+	construction and maintenance of infrastructure which support the EV industry.47
	58	+	(c) There is created the Georgia Electric Vehicle Manufacturing Commission, as a body48
	59	+	corporate and politic and an instrumentality of the state, for the following public purposes49
	60	+	and powers:50
	61	+	(1) To formulate recommendations to the Governor and the General Assembly to support51
	62	+	and expand the growth of electric vehicle and component manufacturing in this state52
	63	+	through a state-wide electric vehicle manufacturing program;53
	64	+	(2) To consult with private sector employers, primary and secondary schools, the54
	65	+	University System of Georgia, the Technical College System of Georgia, and other55
	66	+	entities to determine workforce needs for the EV industry and to make training56
	67	+	recommendations to educational institutions and the General Assembly;57
	68	+	(3) To advise the department in supporting and meeting infrastructure needs for the EV58
	69	+	industry, including, but not limited to, transportation, charging networks, energy supply,59
	70	+	manufacturing sites, and communications networks;60
	71	+	(4) To develop, in consultation with the EV industry, such marketing materials and61
	72	+	advertising as the commission finds useful to promote the continued growth of EV62
	73	+	industry jobs in this state; and63
	74	+	(5) To provide for assessments of the state interest in and benefit from encouraging the64
	75	+	growth of the EV industry in this state.65
	76	+	(d)(1) The commission shall consist of:66 23 LC 47 2473S
	77	+	S. B. 26 (SUB)
	78	+	- 4 -
	79	+	(A) The commissioner of economic development;67
	80	+	(B) The director of planning for the Department of Transportation;68
	81	+	(C) The commissioner of the Technical College System of Georgia;69
	82	+	(D) The chancellor of the University System of Georgia;70
	83	+	(E) One representative from each electric vehicle manufacturer that is manufacturing71
	84	+	vehicles in this state, appointed by the Governor;72
	85	+	(F) Two representatives of electric vehicle component manufacturers that are operating73
	86	+	in this state, appointed by the Governor.74
	87	+	(G) A representative of an investor owned utility company, appointed by the Governor;75
	88	+	(H) A representative of a cooperative utility provider, appointed by the Governor;76
	89	+	(I) A licensed automobile dealer in this state, appointed by the Governor;77
	90	+	(J) Two members of the House of Representatives to serve as ex officio members,78
	91	+	appointed by the Speaker of the House of Representatives; and79
	92	+	(K) Two members of the Senate to serve as ex officio members, appointed by the80
	93	+	President of the Senate.81
	94	+	(2) The commission shall elect a chairperson from among its membership. A majority82
	95	+	of the commission shall constitute a quorum, and the acts of the majority shall be the acts83
	96	+	of the commission.84
	97	+	(3) Members of the commission who are state officials or employees shall receive no85
	98	+	compensation for their service on the commission but may be reimbursed for expenses86
	99	+	incurred by them in the performance of their duties as members of the commission. Any87
	100	+	members of the commission who are not state officials or employees shall receive a daily88
	101	+	expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 for89
	102	+	each day such member is in attendance at a meeting of the commission.90
	103	+	(4) Members of the commission appointed pursuant to subparagraphs (A) through (D)91
	104	+	of paragraph (1) of this subsection may designate persons to serve in their place.92
	105	+	Members appointed pursuant to subparagraphs (E) through (I) of paragraph (1) of this93 23 LC 47 2473S
	106	+	S. B. 26 (SUB)
	107	+	- 5 -
	108	+	subsection shall serve for terms of two years. Members appointed pursuant to94
	109	+	subparagraphs (J) and (K) of paragraph (1) of this subsection shall serve for terms95
	110	+	concurrent with their corresponding terms as members of the General Assembly.96
	111	+	(e) The commission is assigned to the department for administrative purposes only. The97
	112	+	Attorney General shall be the attorney for the commission.98
	113	+	(f) The commissioner of economic development shall be authorized to promulgate any99
	114	+	rules and regulations necessary to implement and administer the provisions of this Code100
	115	+	section to further promote the marketing of this state to the EV industry for future101
	116	+	investment. Rule making or actions undertaken pursuant to this Code section by the102
	117	+	department shall be subject to Chapter 13 of Title 50, the 'Administrative Procedure Act.'"103
	118	+	PART II104
	119	+	SECTION 2-1.105
	120	+	Said title is further amended in Code Section 50-14-1, relating to meetings to be open to the106
	121	+	public, limitation on action to contest agency action, recording, notice of time and place,107
	122	+	access to minutes, and teleconference, by revising subsection (f) and adding a new subsection108
	123	+	to read as follows:109
	124	+	"(f) An agency with state-wide jurisdiction or a committee of such an agency shall be110
	125	+	authorized to conduct meetings by teleconference,; provided, however, that any such111
	126	+	meeting is conducted in compliance with this chapter. A local workforce development112
	127	+	board formed pursuant to the federal Workforce Innovation and Opportunity Act,113
	128	+	P.L. 113-128, as now in effect or as hereafter amended, or its committees or local elected114
	129	+	officials when performing duties relative to such board, shall qualify as an agency under115
	130	+	this subsection."116
	131	+	"(h)(1) The following bodies and committees thereof shall be authorized to conduct117
	132	+	meetings by teleconference, provided that any such meeting shall be considered to be118 23 LC 47 2473S
	133	+	S. B. 26 (SUB)
	134	+	- 6 -
	135	+	conducted in compliance with this chapter so long as the notice required by this chapter119
	136	+	is provided and, if fewer than a quorum of the members of a body or committee thereof120
	137	+	are physically present, means have been afforded for the public to have simultaneous121
	138	+	access to the teleconference meeting:122
	139	+	(A) Development authorities created pursuant to or authorized by the provisions of123
	140	+	Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article IX, Section VI,124
	141	+	Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the125
	142	+	Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV126
	143	+	of the Constitution;127
	144	+	(B) Community improvement districts created pursuant to the provisions of Article IX,128
	145	+	Section VII of the Georgia Constitution;129
	146	+	(C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31; and130
	147	+	(D) The board of trustees or other governing body of any large retirement system as131
	148	+	such term is defined in subsection (a) of Code Section 47-20-84.132
	149	+	(2) The participation by teleconference of members of such bodies or committees thereof133
	150	+	means full participation in the same manner as if such members were physically present.134
	151	+	In the event such teleconference meeting is a public hearing, and if fewer than a quorum135
	152	+	of the members of a body or committee thereof are physically present, then members of136
	153	+	the public shall be afforded the means to participate fully in the same manner as if such137
	154	+	members of the public were physically present."138
	155	+	PART III139
	156	+	SECTION 3-1.140
	157	+	This Act shall become effective upon its approval by the Governor or upon its becoming law141
	158	+	without such approval.142 23 LC 47 2473S
	159	+	S. B. 26 (SUB)
171	160		- 7 -
	161	+	SECTION 3-2.143
	162	+	All laws and parts of laws in conflict with this Act are repealed.144