1 | 1 | | 25 LC 50 1124 |
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2 | 2 | | House Bill 528 |
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3 | 3 | | By: Representatives Buckner of the 137 |
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4 | 4 | | th |
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5 | 5 | | , Hagan of the 156 |
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6 | 6 | | th |
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7 | 7 | | , Hugley of the 141 |
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8 | 8 | | st |
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9 | 9 | | , Stephens |
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10 | 10 | | of the 164 |
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11 | 11 | | th |
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12 | 12 | | , Oliver of the 84 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | general provisions relative to revenue and taxation, so as to require certain high resource use2 |
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20 | 20 | | facilities to provide disclosures regarding community impact and energy and water usage; 3 |
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21 | 21 | | to require such disclosures prior to entering into a contract for tax incentives or applying for4 |
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22 | 22 | | a governmental permit, approval, or license to construct or operate a high resource use5 |
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23 | 23 | | facility; to provide for the required contents of such disclosures; to provide for method and6 |
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24 | 24 | | means of submission and publication; to provide for related matters; to repeal conflicting7 |
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25 | 25 | | laws; and for other purposes.8 |
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26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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27 | 27 | | SECTION 1.10 |
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28 | 28 | | Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general11 |
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29 | 29 | | provisions relative to revenue and taxation, is amended by adding a new Code section to read12 |
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30 | 30 | | as follows:13 |
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31 | 31 | | "48-1-11. |
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32 | 32 | | 14 |
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33 | 33 | | (a) As used in this Code section, the term:15 |
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34 | 34 | | H. B. 528 |
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35 | 35 | | - 1 - 25 LC 50 1124 |
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36 | 36 | | (1) 'Disclosure report' means the report required to be submitted by an owner or operator16 |
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37 | 37 | | of a high resource use facility pursuant to this Code section.17 |
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38 | 38 | | (2) 'High resource use facility' means a facility that has, or in the case of a proposed or18 |
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39 | 39 | | planned facility is reasonably anticipated to have, a peak energy load of 30 megawatts or19 |
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40 | 40 | | greater.20 |
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41 | 41 | | (3) 'Tax incentive' means any state or local tax benefit that is sponsored, offered, or21 |
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42 | 42 | | otherwise provided by this state, any political subdivision of this state, or any state,22 |
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43 | 43 | | regional, or local agency, authority, department, or instrumentality.23 |
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44 | 44 | | (b) The owner or operator of a high resource use facility in this state shall submit a24 |
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45 | 45 | | disclosure report by December 31, 2025, and annually by December 31 thereafter.25 |
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46 | 46 | | (c) The owner or operator of a proposed or planned high resource use facility in this state26 |
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47 | 47 | | shall submit a disclosure report by the earlier of the following:27 |
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48 | 48 | | (1) Thirty days prior to entering into or renewing any contract for the receipt of any tax28 |
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49 | 49 | | incentive; or29 |
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50 | 50 | | (2) Thirty days prior to applying for any governmental permit, approval, or license30 |
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51 | 51 | | required by law to construct or operate a high resource use facility.31 |
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52 | 52 | | (d) Each disclosure report shall contain:32 |
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53 | 53 | | (1) General information regarding the high resource use facility, including:33 |
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54 | 54 | | (A) The name and address of the facility;34 |
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55 | 55 | | (B) The owner or operator of the facility;35 |
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56 | 56 | | (C) A description of the nature and purpose of the facility;36 |
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57 | 57 | | (D) The total square footage of the facility; and37 |
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58 | 58 | | (E) Any publicly announced plans for expansion of the facility;38 |
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59 | 59 | | (2) Information related to energy usage by the high resource use facility, including:39 |
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60 | 60 | | (A) The mean amount of energy used per day measured in kilowatt-hours;40 |
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61 | 61 | | (B) The mean amount of energy used from all sources per hour during peak load41 |
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62 | 62 | | measured in kilowatt-hours and frequency of peak load per week;42 |
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63 | 63 | | H. B. 528 |
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64 | 64 | | - 2 - 25 LC 50 1124 |
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65 | 65 | | (C) The overall percentages of energy used, calculated prior to considering any carbon43 |
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66 | 66 | | offsets, that are generated from fossil fuel, renewable energy, and other energy sources;44 |
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67 | 67 | | (D) The sources and providers of each type of energy used;45 |
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68 | 68 | | (E) Any service contract with an electric supplier; and46 |
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69 | 69 | | (F) The annual amount of waste heat produced on-site measured in British thermal47 |
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70 | 70 | | units;48 |
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71 | 71 | | (3) Information related to water usage by the high resource use facility, including:49 |
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72 | 72 | | (A) The amount of water used annually measured in gallons;50 |
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73 | 73 | | (B) The mean amount of water used daily measured in gallons;51 |
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74 | 74 | | (C) The sources of water used in the facility, including, but not limited to, rain water,52 |
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75 | 75 | | treated water, well water, on-site reservoir, and gray water;53 |
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76 | 76 | | (D) The annual amount of water being discharged or emitted into the environment54 |
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77 | 77 | | measured in gallons; and55 |
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78 | 78 | | (E) The quantity in gallons and method of pretreatment of water being discharged to56 |
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79 | 79 | | a permitted wastewater disposal system, if any, to remove pollutants or change the57 |
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80 | 80 | | water temperature before being discharged or emitted into the environment; and58 |
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81 | 81 | | (4) Other information regarding community impact of the high resource use facility,59 |
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82 | 82 | | including:60 |
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83 | 83 | | (A) The total amount of ad valorem taxes paid in the previous five years with respect61 |
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84 | 84 | | to the facility;62 |
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85 | 85 | | (B) Any air quality permits required; and63 |
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86 | 86 | | (C) The noise levels emitted by the facility measured in decibels for properties64 |
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87 | 87 | | within 0.25 miles of the facility.65 |
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88 | 88 | | (e)(1) Each disclosure report for a high resource use facility in this state shall provide66 |
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89 | 89 | | accurate information regarding each of the contents required pursuant to subsection (d)67 |
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90 | 90 | | of this Code section.68 |
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91 | 91 | | H. B. 528 |
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92 | 92 | | - 3 - 25 LC 50 1124 |
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93 | 93 | | (2) Each disclosure report for a proposed or planned high resource use facility in this69 |
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94 | 94 | | state shall provide reasonable and detailed projections regarding each of the contents70 |
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95 | 95 | | required pursuant to subsection (d) of this Code section.71 |
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96 | 96 | | (f) The state, any political subdivision of this state, and any state, regional, or local agency,72 |
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97 | 97 | | authority, department, or instrumentality shall verify that a disclosure report has been73 |
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98 | 98 | | submitted pursuant to this Code section for a high resource use facility prior to entering74 |
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99 | 99 | | into a contract regarding a tax incentive for such high resource use facility.75 |
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100 | 100 | | (g) Each disclosure report shall be submitted to the department, in the manner prescribed76 |
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101 | 101 | | by the department.77 |
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102 | 102 | | (h) Neither the disclosure report nor any of its contents shall be considered privileged or78 |
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103 | 103 | | confidential information, and the department shall publish each disclosure report on its79 |
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104 | 104 | | public website.80 |
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105 | 105 | | (i) No high resource use facility shall be allowed any tax incentive if the owner or operator81 |
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106 | 106 | | fails to properly submit a disclosure report as provided for in this Code section."82 |
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107 | 107 | | SECTION 2.83 |
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108 | 108 | | All laws and parts of laws in conflict with this Act are repealed.84 |
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109 | 109 | | H. B. 528 |
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110 | 110 | | - 4 - |
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