1 | 1 | | 25 LC 55 0477 |
---|
2 | 2 | | House Bill 400 |
---|
3 | 3 | | By: Representatives Frye of the 122 |
---|
4 | 4 | | nd |
---|
5 | 5 | | , Olaleye of the 59 |
---|
6 | 6 | | th |
---|
7 | 7 | | , Washburn of the 144 |
---|
8 | 8 | | th |
---|
9 | 9 | | , Bell of the |
---|
10 | 10 | | 75 |
---|
11 | 11 | | th |
---|
12 | 12 | | , Roberts of the 52 |
---|
13 | 13 | | nd |
---|
14 | 14 | | , and others |
---|
15 | 15 | | A BILL TO BE ENTITLED |
---|
16 | 16 | | AN ACT |
---|
17 | 17 | | To amend Titles 12, 32, and 50 of the Official Code of Georgia Annotated, relating to |
---|
18 | 18 | | 1 |
---|
19 | 19 | | conservation and natural resources, highways, bridges, and ferries, and state government,2 |
---|
20 | 20 | | respectively, so as to provide for a system whereby certain local governments may seek3 |
---|
21 | 21 | | certifications from the Department of Community Affairs upon the enactment of certain4 |
---|
22 | 22 | | policies that can be used to receive priority in grant and loan applications submitted to state5 |
---|
23 | 23 | | agencies; to provide that the Department of Natural Resources give priority to certified local6 |
---|
24 | 24 | | governments in awarding grants under the federal recreational trails program; to provide that7 |
---|
25 | 25 | | certain certified local governments are not required to provide matching funds when8 |
---|
26 | 26 | | receiving grants under the local maintenance and improvement grant program; to provide that9 |
---|
27 | 27 | | the Department of Community Affairs give priority to certified local governments in10 |
---|
28 | 28 | | awarding grants and loans; to provide for the certification of local governments by the11 |
---|
29 | 29 | | Department of Community Affairs upon the enactment of certain policies; to provide for the12 |
---|
30 | 30 | | revocation of such certifications; to provide for the verification of such certifications by other13 |
---|
31 | 31 | | state agencies; to provide for the determination of population size and median household14 |
---|
32 | 32 | | income of local jurisdictions; to provide for statutory construction; to provide that the15 |
---|
33 | 33 | | Georgia Environmental Finance Authority give priority to certified local governments when16 |
---|
34 | 34 | | awarding grants and loans; to provide definitions; to provide exceptions; to provide for17 |
---|
35 | 35 | | H. B. 400 |
---|
36 | 36 | | - 1 - 25 LC 55 0477 |
---|
37 | 37 | | related matters; to provide a short title; to provide legislative findings; to provide an effective |
---|
38 | 38 | | 18 |
---|
39 | 39 | | date; to repeal conflicting laws; and for other purposes.19 |
---|
40 | 40 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 |
---|
41 | 41 | | SECTION 1.21 |
---|
42 | 42 | | This Act shall be known and may be cited as the "Community Housing Options Increase22 |
---|
43 | 43 | | Cost Efficiency (CHOICE) Act."23 |
---|
44 | 44 | | SECTION 2.24 |
---|
45 | 45 | | The General Assembly finds and declares that:25 |
---|
46 | 46 | | (1) Georgia is facing a housing crisis caused primarily by the interaction of a housing26 |
---|
47 | 47 | | supply shortage, construction labor shortage, lasting impacts from the COVID-1927 |
---|
48 | 48 | | pandemic, outdated policies and regulations, ongoing population shifts, economic stressors,28 |
---|
49 | 49 | | and market speculation;29 |
---|
50 | 50 | | (2) Such housing crisis poses serious immediate and long-term risks to the state and its30 |
---|
51 | 51 | | residents, with significant potential repercussions in arenas such as economic development,31 |
---|
52 | 52 | | homelessness, crime, poverty, health, and education, with such repercussions likely32 |
---|
53 | 53 | | compounding over time that could have intergenerational consequences;33 |
---|
54 | 54 | | (3) According to the Harvard Joint Center for Housing Studies, the cost of new home34 |
---|
55 | 55 | | construction in Georgia has risen by 35 percent between the onset of the COVID-1935 |
---|
56 | 56 | | pandemic and the current year, while affordable rentals declined by some 67,000 units, the36 |
---|
57 | 57 | | second highest drop of any state in the United States;37 |
---|
58 | 58 | | (4) The U.S. Department of Housing and Urban Development has assessed that38 |
---|
59 | 59 | | homelessness in Georgia has reversed its downward trend and begun increasing for the first39 |
---|
60 | 60 | | time since 2011;40 |
---|
61 | 61 | | H. B. 400 |
---|
62 | 62 | | - 2 - 25 LC 55 0477 |
---|
63 | 63 | | (5) The National Low Income Housing Coalition has reported that housing shortages in |
---|
64 | 64 | | 41 |
---|
65 | 65 | | the United States have cost Americans more than 13 percent of potential GDP growth since42 |
---|
66 | 66 | | the 1960s, or nearly $9,000.00 in annual wages per worker;43 |
---|
67 | 67 | | (6) The nonprofit research group Up for Growth found that in 2023, Georgia ranked in the44 |
---|
68 | 68 | | second highest tier of states for housing underproduction, at 138,000 units below demand,45 |
---|
69 | 69 | | an increase of more than 2,600 percent over a ten-year period; and46 |
---|
70 | 70 | | (7) Therefore, this Act is needed to increase the supply of affordable housing in the state47 |
---|
71 | 71 | | by encouraging local governments to adopt policies and reforms that will promote the48 |
---|
72 | 72 | | construction of affordable housing and reduce the burden of outdated policies and49 |
---|
73 | 73 | | regulation on housing construction and the cost of housing to Georgia's citizens.50 |
---|
74 | 74 | | SECTION 3.51 |
---|
75 | 75 | | Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural52 |
---|
76 | 76 | | resources, is amended by adding a new Code section to read as follows:53 |
---|
77 | 77 | | "12-2-6.1. |
---|
78 | 78 | | 54 |
---|
79 | 79 | | (a) As used in this Code section, the term 'qualified county or municipal corporation' shall55 |
---|
80 | 80 | | have the same meaning as set forth in Code Section 50-8-310.56 |
---|
81 | 81 | | (b) Except as provided in subsection (c) of this Code section, when reviewing applications57 |
---|
82 | 82 | | from multiple qualified counties or municipal corporations for the receipt of grant funds58 |
---|
83 | 83 | | under the federal recreational trails program administered by the department, the59 |
---|
84 | 84 | | department shall:60 |
---|
85 | 85 | | (1) Give priority to any such county or municipal corporation that has been certified by61 |
---|
86 | 86 | | the Department of Community Affairs as a workforce housing ready community pursuant62 |
---|
87 | 87 | | to Code Section 50-8-311 over any such county or municipal corporation that has not63 |
---|
88 | 88 | | received any certification from the Department of Community Affairs pursuant to Code64 |
---|
89 | 89 | | Section 50-8-311;65 |
---|
90 | 90 | | H. B. 400 |
---|
91 | 91 | | - 3 - 25 LC 55 0477 |
---|
92 | 92 | | (2) Give priority to any such county or municipal corporation that has been certified by66 |
---|
93 | 93 | | the Department of Community Affairs as a workforce housing ready expert pursuant to67 |
---|
94 | 94 | | Code Section 50-8-311 over any such county or municipal corporation that:68 |
---|
95 | 95 | | (A) Has not received any certification from the Department of Community Affairs69 |
---|
96 | 96 | | pursuant to Code Section 50-8-311; or70 |
---|
97 | 97 | | (B) Has been certified by the Department of Community Affairs as a workforce71 |
---|
98 | 98 | | housing ready community pursuant to Code Section 50-8-311; and72 |
---|
99 | 99 | | (3) Give priority to any such county or municipal corporation that has been certified by73 |
---|
100 | 100 | | the Department of Community Affairs as a workforce and home ownership leader74 |
---|
101 | 101 | | pursuant to Code Section 50-8-311 over any such county or municipal corporation that:75 |
---|
102 | 102 | | (A) Has not received any certification from the Department of Community Affairs76 |
---|
103 | 103 | | pursuant to Code Section 50-8-311;77 |
---|
104 | 104 | | (B) Has been certified by the Department of Community Affairs as a workforce78 |
---|
105 | 105 | | housing ready community pursuant to Code Section 50-8-311; or79 |
---|
106 | 106 | | (C) Has been certified by the Department of Community Affairs as a workforce80 |
---|
107 | 107 | | housing ready expert pursuant to Code Section 50-8-311.81 |
---|
108 | 108 | | (c) When reviewing applications from multiple counties or municipal corporations for the82 |
---|
109 | 109 | | receipt of grant funds under the federal recreational trails program administered by the83 |
---|
110 | 110 | | department, the department shall not give priority to any county or municipal corporation84 |
---|
111 | 111 | | that has received a certification from the Department of Community Affairs pursuant to85 |
---|
112 | 112 | | Code Section 50-8-311:86 |
---|
113 | 113 | | (1) Over any county or municipal corporation that does not meet the definition of a87 |
---|
114 | 114 | | qualified county or municipal corporation; or88 |
---|
115 | 115 | | (2) If doing so would be contrary to the purposes of such program or would conflict with89 |
---|
116 | 116 | | any provision of general law, the Georgia Constitution, or any applicable federal law or90 |
---|
117 | 117 | | regulation."91 |
---|
118 | 118 | | H. B. 400 |
---|
119 | 119 | | - 4 - 25 LC 55 0477 |
---|
120 | 120 | | SECTION 4. |
---|
121 | 121 | | 92 |
---|
122 | 122 | | Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries,93 |
---|
123 | 123 | | is amended in Code Section 32-5-27, relating to allocation formula development and94 |
---|
124 | 124 | | implementation, by revising subsection (d) as follows:95 |
---|
125 | 125 | | "(d) Funds allocated for the local maintenance and improvement grant program shall96 |
---|
126 | 126 | | replace funds formerly available under the local assistance road program and state-aid97 |
---|
127 | 127 | | program and shall be allocated by the Local Grants Division of the department to local98 |
---|
128 | 128 | | governing authorities as grants or otherwise according to a funding formula developed by99 |
---|
129 | 129 | | the division and the director. Such formula shall include considerations of paved and100 |
---|
130 | 130 | | unpaved lane miles and vehicle miles traveled and may include population, employment,101 |
---|
131 | 131 | | and local funding matches available, as well as other factors as may be determined by the102 |
---|
132 | 132 | | division and the director; provided, however, that no funding matches shall be required of |
---|
133 | 133 | | 103 |
---|
134 | 134 | | any county or municipal corporation that has been certified by the Department of104 |
---|
135 | 135 | | Community affairs as a workforce and home ownership leader pursuant to Code105 |
---|
136 | 136 | | Section 50-8-311. Funds allocated each fiscal year for the local maintenance and106 |
---|
137 | 137 | | improvement grant program shall be not less than 10 percent nor more than 20 percent of107 |
---|
138 | 138 | | the money derived from motor fuel taxes received by the state in the immediately108 |
---|
139 | 139 | | preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized109 |
---|
140 | 140 | | by law and shall be used only for the purposes available for the proceeds of such taxes. 110 |
---|
141 | 141 | | Grants of such funds shall include provisions requiring adherence to adequate roadway111 |
---|
142 | 142 | | standards, accounting practices, and applicable transportation plans. Additional allocations112 |
---|
143 | 143 | | to this program from other funding sources shall be allocated subject to the requirements113 |
---|
144 | 144 | | for usage attached to such funds."114 |
---|
145 | 145 | | H. B. 400 |
---|
146 | 146 | | - 5 - 25 LC 55 0477 |
---|
147 | 147 | | SECTION 5. |
---|
148 | 148 | | 115 |
---|
149 | 149 | | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended116 |
---|
150 | 150 | | in Chapter 8, relating to the Department of Community Affairs, by adding a new Code117 |
---|
151 | 151 | | section to read as follows:118 |
---|
152 | 152 | | "50-8-8.1. |
---|
153 | 153 | | 119 |
---|
154 | 154 | | (a) As used in this Code section, the term 'qualified county or municipal corporation' shall120 |
---|
155 | 155 | | have the same meaning as set forth in Code Section 50-8-310.121 |
---|
156 | 156 | | (b) Except as provided in subsection (c) of this Code section, when reviewing applications122 |
---|
157 | 157 | | from multiple qualified counties or municipal corporations for the receipt of grant funds123 |
---|
158 | 158 | | or loans under any grant or loan program administered by the department, the department124 |
---|
159 | 159 | | shall:125 |
---|
160 | 160 | | (1) Give priority to any such county or municipal corporation that has been certified by126 |
---|
161 | 161 | | the department as a workforce housing ready community pursuant to Code127 |
---|
162 | 162 | | Section 50-8-311 over any such county or municipal corporation that has not received128 |
---|
163 | 163 | | any certification from the department pursuant to Code Section 50-8-311;129 |
---|
164 | 164 | | (2) Give priority to any such county or municipal corporation that has been certified by130 |
---|
165 | 165 | | the department as a workforce housing ready expert pursuant to Code Section 50-8-311131 |
---|
166 | 166 | | over any such county or municipal corporation that:132 |
---|
167 | 167 | | (A) Has not received any certification from the department pursuant to Code133 |
---|
168 | 168 | | Section 50-8-311; or134 |
---|
169 | 169 | | (B) Has been certified by the department as a workforce housing ready community135 |
---|
170 | 170 | | pursuant to Code Section 50-8-311; and136 |
---|
171 | 171 | | (3) Give priority to any such county or municipal corporation that has been certified by137 |
---|
172 | 172 | | the department as a workforce and home ownership leader pursuant to Code138 |
---|
173 | 173 | | Section 50-8-311 over any such county or municipal corporation that:139 |
---|
174 | 174 | | (A) Has not received any certification from the department pursuant to Code140 |
---|
175 | 175 | | Section 50-8-311;141 |
---|
176 | 176 | | H. B. 400 |
---|
177 | 177 | | - 6 - 25 LC 55 0477 |
---|
178 | 178 | | (B) Has been certified by the department as a workforce housing ready community142 |
---|
179 | 179 | | pursuant to Code Section 50-8-311; or143 |
---|
180 | 180 | | (C) Has been certified by the department as a workforce housing ready expert pursuant144 |
---|
181 | 181 | | to Code Section 50-8-311.145 |
---|
182 | 182 | | (c) When reviewing applications from multiple counties or municipal corporations for the146 |
---|
183 | 183 | | receipt of grant funds or loans under any grant or loan program administered by the147 |
---|
184 | 184 | | department, the department shall not give priority to any county or municipal corporation148 |
---|
185 | 185 | | that has received a certification from the department pursuant to Code Section 50-8-311:149 |
---|
186 | 186 | | (1) Over any county or municipal corporation that does not meet the definition of a150 |
---|
187 | 187 | | qualified county or municipal corporation; or151 |
---|
188 | 188 | | (2) If doing so would be contrary to the purposes of the grant or loan program or would152 |
---|
189 | 189 | | conflict with any provision of general law, the Georgia Constitution, or any applicable153 |
---|
190 | 190 | | federal law or regulation."154 |
---|
191 | 191 | | SECTION 6.155 |
---|
192 | 192 | | Said chapter is further amended by adding a new article to read as follows:156 |
---|
193 | 193 | | "ARTICLE 14157 |
---|
194 | 194 | | 50-8-310.158 |
---|
195 | 195 | | As used in this article, the term:159 |
---|
196 | 196 | | (1) 'Accessory dwelling unit' means an independent residential dwelling unit that is160 |
---|
197 | 197 | | located on the same lot as a single-family home or duplex, regardless of whether such161 |
---|
198 | 198 | | independent residential dwelling unit is attached or detached from the single-family home162 |
---|
199 | 199 | | or duplex.163 |
---|
200 | 200 | | H. B. 400 |
---|
201 | 201 | | - 7 - 25 LC 55 0477 |
---|
202 | 202 | | (2) 'Cottage courtyard' means a series of attached or detached independent residential164 |
---|
203 | 203 | | dwelling units, each of which do not exceed 1,600 square feet and that share a common165 |
---|
204 | 204 | | outdoor amenity space.166 |
---|
205 | 205 | | (3) 'Duplex' means a single building that has two separate residential dwelling units.167 |
---|
206 | 206 | | (4) 'Flag lot' means a lot which has access to a public right-of-way by means of a narrow168 |
---|
207 | 207 | | strip of land, which is part of the lot.169 |
---|
208 | 208 | | (5) 'Higher density housing facility' means a multifamily structure that has a maximum170 |
---|
209 | 209 | | allowable number of residential dwelling units that is 10 percent higher than the current171 |
---|
210 | 210 | | highest maximum allowable number of residential dwelling units for a multifamily172 |
---|
211 | 211 | | structure within the jurisdiction.173 |
---|
212 | 212 | | (6) 'Household income' means all wages and income received by each member of a174 |
---|
213 | 213 | | household from all sources.175 |
---|
214 | 214 | | (7) 'Mixed use development' means a multifamily structure that also contains one or176 |
---|
215 | 215 | | more commercial units.177 |
---|
216 | 216 | | (8) 'Multifamily structure' means a building, other than a townhouse, that contains four178 |
---|
217 | 217 | | or more individual residential dwelling units.179 |
---|
218 | 218 | | (9) 'Qualified county or municipal corporation' means:180 |
---|
219 | 219 | | (A) Any county in this state that has a population of at least 50,000 or any municipal181 |
---|
220 | 220 | | corporation in this state that has a population of at least 6,500, each as determined by182 |
---|
221 | 221 | | the department pursuant to Code Section 50-8-313; or183 |
---|
222 | 222 | | (B) Any county or any municipal corporation in this state that has a median household184 |
---|
223 | 223 | | income of more than $115,000.00, as determined by the department pursuant to Code185 |
---|
224 | 224 | | Section 50-8-313.186 |
---|
225 | 225 | | (10) 'Qualifying policy' means any tier 1 policy, tier 2 policy, tier 3 policy, or tier 4187 |
---|
226 | 226 | | policy.188 |
---|
227 | 227 | | (11) 'Single-family home' means a building that constitutes a single residential dwelling.189 |
---|
228 | 228 | | H. B. 400 |
---|
229 | 229 | | - 8 - 25 LC 55 0477 |
---|
230 | 230 | | (12) 'Small multifamily structure' means a multifamily structure with between four and190 |
---|
231 | 231 | | eight individual residential dwelling units.191 |
---|
232 | 232 | | (13) 'Tier 1 policy' means a policy that:192 |
---|
233 | 233 | | (A) Imposes a minimum heated square footage requirement for residential dwellings193 |
---|
234 | 234 | | of 1,200 square feet or less in at least 50 percent of the area of the jurisdiction zoned194 |
---|
235 | 235 | | for residential use;195 |
---|
236 | 236 | | (B) Imposes a minimum heated square footage requirement for residential dwellings196 |
---|
237 | 237 | | of 1,200 square feet or less in all of the area of the jurisdiction that is zoned for197 |
---|
238 | 238 | | residential use;198 |
---|
239 | 239 | | (C) Permits the construction of a duplex on any parcel of land where the construction199 |
---|
240 | 240 | | of a single-family home is permitted;200 |
---|
241 | 241 | | (D) Imposes a minimum lot size requirement for land that is zoned for residential use201 |
---|
242 | 242 | | that is no greater than:202 |
---|
243 | 243 | | (i) The minimum lot size required by the rules and regulations of the Department of203 |
---|
244 | 244 | | Health for lots with on-site, nonpublic sewage management systems;204 |
---|
245 | 245 | | (ii) The minimum lot size required to comply with the requirements of Code205 |
---|
246 | 246 | | Section 12-5-134 for lots with private water wells; and206 |
---|
247 | 247 | | (iii) One-half acre for lots with access to public water supply and public sewage207 |
---|
248 | 248 | | management systems;208 |
---|
249 | 249 | | (E) Permits the use of all building materials that meet the standards of the International209 |
---|
250 | 250 | | Residential Code in the construction of new residential dwellings; or210 |
---|
251 | 251 | | (F) Permits the construction of an accessory dwelling unit on any parcel of land where211 |
---|
252 | 252 | | a single-family home exists.212 |
---|
253 | 253 | | (14) 'Tier 2 policy' means a policy that:213 |
---|
254 | 254 | | (A) Commissions a housing study to determine the need for the construction of214 |
---|
255 | 255 | | single-family homes and multifamily structures within the jurisdiction;215 |
---|
256 | 256 | | H. B. 400 |
---|
257 | 257 | | - 9 - 25 LC 55 0477 |
---|
258 | 258 | | (B) Permits the construction of townhomes in any area that is zoned for single-family216 |
---|
259 | 259 | | residential use;217 |
---|
260 | 260 | | (C) Permits the construction of cottage courtyards in any area that is zoned for218 |
---|
261 | 261 | | single-family residential use;219 |
---|
262 | 262 | | (D) Permits the creation of residential subdivisions with flag lots;220 |
---|
263 | 263 | | (E) Reduces the minimum road frontage requirements applicable to residential lots;221 |
---|
264 | 264 | | (F) Permits the construction of small multifamily structures in any area that is zoned222 |
---|
265 | 265 | | for residential use;223 |
---|
266 | 266 | | (G) Permits the construction of higher density housing facilities in areas that are served224 |
---|
267 | 267 | | by public transit and that are near places of employment, higher education facilities, and225 |
---|
268 | 268 | | other appropriate population centers, as determined by the governing body of the226 |
---|
269 | 269 | | jurisdiction;227 |
---|
270 | 270 | | (H) Permits the construction of multifamily structures or mixed use developments in228 |
---|
271 | 271 | | all areas zoned for commercial use; or229 |
---|
272 | 272 | | (I) Permits the use of single-stair construction in multifamily structures with up to five230 |
---|
273 | 273 | | stories.231 |
---|
274 | 274 | | (15) 'Tier 3 policy' means a policy that:232 |
---|
275 | 275 | | (A)(i) Imposes a minimum parking requirement of no more than one parking space233 |
---|
276 | 276 | | per residential dwelling unit for multifamily structures that are not served by public234 |
---|
277 | 277 | | transit; and235 |
---|
278 | 278 | | (ii) Imposes no minimum parking requirements for multifamily structures that are236 |
---|
279 | 279 | | served by public transit;237 |
---|
280 | 280 | | (B) Supports community land trusts that secure land for affordable housing238 |
---|
281 | 281 | | developments and that allow participation from community residents in the decision239 |
---|
282 | 282 | | making process of such land trust;240 |
---|
283 | 283 | | (C) Applies the International Residential Code to residential buildings that contain no241 |
---|
284 | 284 | | more than four individual residential dwelling units;242 |
---|
285 | 285 | | H. B. 400 |
---|
286 | 286 | | - 10 - 25 LC 55 0477 |
---|
287 | 287 | | (D) Imposes no setback requirements on residential dwellings or decreases the243 |
---|
288 | 288 | | minimum setback requirements applicable to residential dwellings by at least 25244 |
---|
289 | 289 | | percent;245 |
---|
290 | 290 | | (E) Imposes no height restrictions on residential and commercial structures or increases246 |
---|
291 | 291 | | the height restrictions applicable to residential and commercial structures by at least 25247 |
---|
292 | 292 | | percent;248 |
---|
293 | 293 | | (F) Imposes no density limits on areas zoned for residential or commercial use or249 |
---|
294 | 294 | | increases the density limits applicable to areas zoned for residential or commercial use250 |
---|
295 | 295 | | by at least 25 percent;251 |
---|
296 | 296 | | (G) Imposes processing time limits on applications for building permits;252 |
---|
297 | 297 | | (H) Reduces any permit or regulatory fee applicable to the construction of accessory253 |
---|
298 | 298 | | dwelling units or multifamily structures by at least 25 percent;254 |
---|
299 | 299 | | (I) Establishes an online platform for the submission and processing of building permit255 |
---|
300 | 300 | | applications; or256 |
---|
301 | 301 | | (J) Commissions a study to assess whether the current permit or regulatory fees257 |
---|
302 | 302 | | applicable to the construction of residential dwellings reflect the cost incurred by the258 |
---|
303 | 303 | | jurisdiction in processing such permit applications or carrying out such regulatory259 |
---|
304 | 304 | | procedures.260 |
---|
305 | 305 | | (16) 'Tier 4 policy' means a policy that:261 |
---|
306 | 306 | | (A) Permits the construction of multifamily residential structures in any area that is262 |
---|
307 | 307 | | zoned for residential use;263 |
---|
308 | 308 | | (B) Establishes measurable goals for the construction of affordable housing based on264 |
---|
309 | 309 | | projected population growth and regional job creation;265 |
---|
310 | 310 | | (C) Imposes no maximum lot coverage applicable to residential dwellings or increases266 |
---|
311 | 311 | | the maximum lot coverage applicable to residential dwellings by at least 25 percent;267 |
---|
312 | 312 | | (D) Does not require the creation of a homeowners' association, property owners'268 |
---|
313 | 313 | | association, or condominium owners' association for any new residential development;269 |
---|
314 | 314 | | H. B. 400 |
---|
315 | 315 | | - 11 - 25 LC 55 0477 |
---|
316 | 316 | | (E) Streamlines the process of approving minor changes to construction plans for270 |
---|
317 | 317 | | residential developments;271 |
---|
318 | 318 | | (F) Creates or joins a local land bank pursuant to Article 6 of Chapter 4 of Title 48;272 |
---|
319 | 319 | | (G) Encourages the collaboration with neighboring counties and municipal273 |
---|
320 | 320 | | corporations and nonprofit organizations in addressing regional housing needs; or274 |
---|
321 | 321 | | (H) Creates a public-private partnership with local businesses to reduce the land275 |
---|
322 | 322 | | acquisition costs on housing developments.276 |
---|
323 | 323 | | (17) 'Townhouse' means an individual residential dwelling unit within a larger structure277 |
---|
324 | 324 | | that contains two or more attached residential dwelling units constructed in a row where278 |
---|
325 | 325 | | each residential dwelling unit is located on an individual lot or parcel and shares at least279 |
---|
326 | 326 | | one common wall with an adjacent unit.280 |
---|
327 | 327 | | 50-8-311.281 |
---|
328 | 328 | | (a) On or after July 1, 2026, and for the purpose of receiving priority in grant or loan282 |
---|
329 | 329 | | applications submitted to certain state agencies, any qualified county or municipal283 |
---|
330 | 330 | | corporation may, but is not required to, apply for certification from the department that284 |
---|
331 | 331 | | such county or municipal corporation is either a workforce housing ready community, a285 |
---|
332 | 332 | | workforce housing ready expert, or a workforce and home ownership leader. The286 |
---|
333 | 333 | | department shall, by rules and regulations, prescribe the form and manner of such287 |
---|
334 | 334 | | application for certification.288 |
---|
335 | 335 | | (b) The department shall only certify a qualified county or municipal corporation as a:289 |
---|
336 | 336 | | (1) Workforce housing ready community if such county or municipal corporation has290 |
---|
337 | 337 | | adopted, by ordinance or resolution, at least ten qualifying policies of which at least two291 |
---|
338 | 338 | | are tier 1 policies, at least three are tier 2 policies, and at least one is a tier 3 policy;292 |
---|
339 | 339 | | (2) Workforce housing ready expert if such county or municipal corporation has adopted,293 |
---|
340 | 340 | | by ordinance or resolution, at least 15 qualifying policies of which at least two are tier 1294 |
---|
341 | 341 | | policies, at least three are tier 2 policies, and at least one is a tier 3 policy; and295 |
---|
342 | 342 | | H. B. 400 |
---|
343 | 343 | | - 12 - 25 LC 55 0477 |
---|
344 | 344 | | (3) Workforce and home ownership leader if such county or municipal corporation has296 |
---|
345 | 345 | | adopted, by ordinance or resolution, at least 20 qualifying policies of which at least two297 |
---|
346 | 346 | | are tier 1 policies, at least three are tier 2 policies, and at least one is a tier 3 policy.298 |
---|
347 | 347 | | (c) Upon submission of an application by a qualified county or municipal corporation299 |
---|
348 | 348 | | evidencing that such county or municipal corporation has adopted, by ordinance or300 |
---|
349 | 349 | | resolution, the requisite number of qualifying policies as set forth in subsection (b) of this301 |
---|
350 | 350 | | Code section, the department shall issue the appropriate certification to such county or302 |
---|
351 | 351 | | municipal corporation. Thereafter, to maintain such certification, such county or municipal303 |
---|
352 | 352 | | corporation shall, every five years, verify in writing to the department that the requisite304 |
---|
353 | 353 | | number of qualifying policies as set forth in subsection (b) of this Code section are still in305 |
---|
354 | 354 | | effect in such county or municipal corporation.306 |
---|
355 | 355 | | (d) The department may revoke a certification issued to a qualified county or municipal307 |
---|
356 | 356 | | corporation pursuant to this Code section if it determines that such county or municipal308 |
---|
357 | 357 | | corporation no longer has in effect the requisite number of qualifying policies as set forth309 |
---|
358 | 358 | | in subsection (b) of this Code section or if such county or municipal corporation fails to310 |
---|
359 | 359 | | verify in writing to the department every five years that such policies are still in effect.311 |
---|
360 | 360 | | (e)(1) A qualified county or municipal corporation that has been certified as a workforce312 |
---|
361 | 361 | | housing ready community may, upon adoption of the requisite number of qualifying313 |
---|
362 | 362 | | policies as set forth in subsection (b) of this Code section, apply to the department for314 |
---|
363 | 363 | | certification as either a workforce housing ready expert or a workforce and home315 |
---|
364 | 364 | | ownership leader.316 |
---|
365 | 365 | | (2) A qualified county or municipal corporation that has been certified as a workforce317 |
---|
366 | 366 | | housing ready expert may, upon adoption of the requisite number of qualifying policies318 |
---|
367 | 367 | | as set forth in subsection (b) of this Code section, apply to the department for certification319 |
---|
368 | 368 | | as a workforce and home ownership leader.320 |
---|
369 | 369 | | H. B. 400 |
---|
370 | 370 | | - 13 - 25 LC 55 0477 |
---|
371 | 371 | | 50-8-312.321 |
---|
372 | 372 | | Any state agency considering a grant or loan application from a qualified county or322 |
---|
373 | 373 | | municipal corporation may inquire from the department whether such qualified county or323 |
---|
374 | 374 | | municipal corporation has been certified by the department pursuant to this article. Within324 |
---|
375 | 375 | | a reasonable time after receiving such an inquiry, the department shall verify to such325 |
---|
376 | 376 | | agency whether such county or municipal corporation has a valid certification issued by326 |
---|
377 | 377 | | the department pursuant to this article.327 |
---|
378 | 378 | | 50-8-313.328 |
---|
379 | 379 | | (a) On and after January 1, 2026, the department shall annually determine and publish on329 |
---|
380 | 380 | | its public website the:330 |
---|
381 | 381 | | (1) Median household income of each county and each municipal corporation in this331 |
---|
382 | 382 | | state; and332 |
---|
383 | 383 | | (2) Population of each county and each municipal corporation in this state.333 |
---|
384 | 384 | | (b) In making determinations of the median household income and the population of each334 |
---|
385 | 385 | | county and each municipal corporation in this state pursuant to subsection (a) of this Code335 |
---|
386 | 386 | | section, the department may rely on data and information provided by the United States336 |
---|
387 | 387 | | Census Bureau, the United States Department of Housing and Urban Development, the337 |
---|
388 | 388 | | United States Department of Labor, the United States Department of Commerce, and any338 |
---|
389 | 389 | | other source the department determines to be accurate and reliable.339 |
---|
390 | 390 | | (c) The median household income and the population of each county and each municipal340 |
---|
391 | 391 | | corporation in this state determined and published by the department pursuant to subsection341 |
---|
392 | 392 | | (a) of this Code section shall be used to determine whether a given county or municipal342 |
---|
393 | 393 | | corporation in this state meets the definition of a qualified county or municipal corporation343 |
---|
394 | 394 | | under this article.344 |
---|
395 | 395 | | H. B. 400 |
---|
396 | 396 | | - 14 - 25 LC 55 0477 |
---|
397 | 397 | | 50-8-314.345 |
---|
398 | 398 | | The department is authorized to promulgate rules and regulations to implement the346 |
---|
399 | 399 | | provisions of this article.347 |
---|
400 | 400 | | 50-8-315.348 |
---|
401 | 401 | | Nothing in this article is intended to authorize counties or municipal corporations to adopt349 |
---|
402 | 402 | | or enforce any ordinance or resolution that is contrary to the provisions of general law, the350 |
---|
403 | 403 | | Georgia Constitution, or any applicable federal law or regulation. To the extent any351 |
---|
404 | 404 | | qualifying policy now or hereinafter conflicts with the provisions of general law, the352 |
---|
405 | 405 | | Georgia Constitution, or any applicable federal law or regulation, such policy shall no353 |
---|
406 | 406 | | longer constitute a qualifying policy and shall not be used to determine whether a qualified354 |
---|
407 | 407 | | county or municipal corporation may be certified, or continue to be certified, by the355 |
---|
408 | 408 | | department under the provisions of this article."356 |
---|
409 | 409 | | SECTION 7.357 |
---|
410 | 410 | | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended358 |
---|
411 | 411 | | in Chapter 23, relating to the Georgia Environmental Finance Authority, by adding a new359 |
---|
412 | 412 | | Code section to read as follows:360 |
---|
413 | 413 | | "50-23-5.1.361 |
---|
414 | 414 | | (a) As used in this Code section, the term:362 |
---|
415 | 415 | | (1) 'Department' means the Department of Community Affairs.363 |
---|
416 | 416 | | (2) 'Qualified county or municipal corporation' shall have the same meaning as set forth364 |
---|
417 | 417 | | in Code Section 50-8-310.365 |
---|
418 | 418 | | (b) Except as provided in subsection (c) of this Code section, when reviewing applications366 |
---|
419 | 419 | | from multiple qualified counties or municipal corporations for the receipt of any grant367 |
---|
420 | 420 | | funds or loans from the authority as authorized by this chapter, the authority shall:368 |
---|
421 | 421 | | H. B. 400 |
---|
422 | 422 | | - 15 - 25 LC 55 0477 |
---|
423 | 423 | | (1) Give priority to any such county or municipal corporation that has been certified by369 |
---|
424 | 424 | | the department as a workforce housing ready community pursuant to Code370 |
---|
425 | 425 | | Section 50-8-311 over any such county or municipal corporation that has not received371 |
---|
426 | 426 | | any certification from the department pursuant to Code Section 50-8-311;372 |
---|
427 | 427 | | (2) Give priority to any such county or municipal corporation that has been certified by373 |
---|
428 | 428 | | the department as a workforce housing ready expert pursuant to Code Section 50-8-311374 |
---|
429 | 429 | | over any such county or municipal corporation that:375 |
---|
430 | 430 | | (A) Has not received any certification from the department pursuant to Code376 |
---|
431 | 431 | | Section 50-8-311; or377 |
---|
432 | 432 | | (B) Has been certified by the department as a workforce housing ready community378 |
---|
433 | 433 | | pursuant to Code Section 50-8-311; and379 |
---|
434 | 434 | | (3) Give priority to any such county or municipal corporation that has been certified by380 |
---|
435 | 435 | | the department as a workforce and home ownership leader pursuant to Code381 |
---|
436 | 436 | | Section 50-8-311 over any such county or municipal corporation that:382 |
---|
437 | 437 | | (A) Has not received any certification from the department pursuant to Code383 |
---|
438 | 438 | | Section 50-8-311;384 |
---|
439 | 439 | | (B) Has been certified by the department as a workforce housing ready community385 |
---|
440 | 440 | | pursuant to Code Section 50-8-311; or386 |
---|
441 | 441 | | (C) Has been certified by the department as a workforce housing ready expert pursuant387 |
---|
442 | 442 | | to Code Section 50-8-311.388 |
---|
443 | 443 | | (c) When reviewing applications from multiple counties or municipal corporations for the389 |
---|
444 | 444 | | receipt of any grant funds or loans from the authority as authorized by this chapter, the390 |
---|
445 | 445 | | authority shall not give priority to any county or municipal corporation that has received391 |
---|
446 | 446 | | a certification from the department pursuant to Code Section 50-8-311:392 |
---|
447 | 447 | | (1) Over any county or municipal corporation that does not meet the definition of a393 |
---|
448 | 448 | | qualified county or municipal corporation; or394 |
---|
449 | 449 | | H. B. 400 |
---|
450 | 450 | | - 16 - 25 LC 55 0477 |
---|
451 | 451 | | (2) If doing so would conflict with any provision of general law, the Georgia395 |
---|
452 | 452 | | Constitution, or any applicable federal law or regulation."396 |
---|
453 | 453 | | SECTION 8.397 |
---|
454 | 454 | | This Act shall become effective on July 1, 2025.398 |
---|
455 | 455 | | SECTION 9.399 |
---|
456 | 456 | | All laws and parts of laws in conflict with this Act are repealed.400 |
---|
457 | 457 | | H. B. 400 |
---|
458 | 458 | | - 17 - |
---|