Georgia 2025-2026 Regular Session

Georgia House Bill HB528 Compare Versions

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11 25 LC 50 1124
22 House Bill 528
33 By: Representatives Buckner of the 137
44 th
55 , Hagan of the 156
66 th
77 , Hugley of the 141
88 st
99 , Stephens
1010 of the 164
1111 th
1212 , Oliver of the 84
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to
1818 1
1919 general provisions relative to revenue and taxation, so as to require certain high resource use2
2020 facilities to provide disclosures regarding community impact and energy and water usage; 3
2121 to require such disclosures prior to entering into a contract for tax incentives or applying for4
2222 a governmental permit, approval, or license to construct or operate a high resource use5
2323 facility; to provide for the required contents of such disclosures; to provide for method and6
2424 means of submission and publication; to provide for related matters; to repeal conflicting7
2525 laws; and for other purposes.8
2626 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
2727 SECTION 1.10
2828 Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general11
2929 provisions relative to revenue and taxation, is amended by adding a new Code section to read12
3030 as follows:13
3131 "48-1-11.
3232 14
3333 (a) As used in this Code section, the term:15
3434 H. B. 528
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3636 (1) 'Disclosure report' means the report required to be submitted by an owner or operator16
3737 of a high resource use facility pursuant to this Code section.17
3838 (2) 'High resource use facility' means a facility that has, or in the case of a proposed or18
3939 planned facility is reasonably anticipated to have, a peak energy load of 30 megawatts or19
4040 greater.20
4141 (3) 'Tax incentive' means any state or local tax benefit that is sponsored, offered, or21
4242 otherwise provided by this state, any political subdivision of this state, or any state,22
4343 regional, or local agency, authority, department, or instrumentality.23
4444 (b) The owner or operator of a high resource use facility in this state shall submit a24
4545 disclosure report by December 31, 2025, and annually by December 31 thereafter.25
4646 (c) The owner or operator of a proposed or planned high resource use facility in this state26
4747 shall submit a disclosure report by the earlier of the following:27
4848 (1) Thirty days prior to entering into or renewing any contract for the receipt of any tax28
4949 incentive; or29
5050 (2) Thirty days prior to applying for any governmental permit, approval, or license30
5151 required by law to construct or operate a high resource use facility.31
5252 (d) Each disclosure report shall contain:32
5353 (1) General information regarding the high resource use facility, including:33
5454 (A) The name and address of the facility;34
5555 (B) The owner or operator of the facility;35
5656 (C) A description of the nature and purpose of the facility;36
5757 (D) The total square footage of the facility; and37
5858 (E) Any publicly announced plans for expansion of the facility;38
5959 (2) Information related to energy usage by the high resource use facility, including:39
6060 (A) The mean amount of energy used per day measured in kilowatt-hours;40
6161 (B) The mean amount of energy used from all sources per hour during peak load41
6262 measured in kilowatt-hours and frequency of peak load per week;42
6363 H. B. 528
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6565 (C) The overall percentages of energy used, calculated prior to considering any carbon43
6666 offsets, that are generated from fossil fuel, renewable energy, and other energy sources;44
6767 (D) The sources and providers of each type of energy used;45
6868 (E) Any service contract with an electric supplier; and46
6969 (F) The annual amount of waste heat produced on-site measured in British thermal47
7070 units;48
7171 (3) Information related to water usage by the high resource use facility, including:49
7272 (A) The amount of water used annually measured in gallons;50
7373 (B) The mean amount of water used daily measured in gallons;51
7474 (C) The sources of water used in the facility, including, but not limited to, rain water,52
7575 treated water, well water, on-site reservoir, and gray water;53
7676 (D) The annual amount of water being discharged or emitted into the environment54
7777 measured in gallons; and55
7878 (E) The quantity in gallons and method of pretreatment of water being discharged to56
7979 a permitted wastewater disposal system, if any, to remove pollutants or change the57
8080 water temperature before being discharged or emitted into the environment; and58
8181 (4) Other information regarding community impact of the high resource use facility,59
8282 including:60
8383 (A) The total amount of ad valorem taxes paid in the previous five years with respect61
8484 to the facility;62
8585 (B) Any air quality permits required; and63
8686 (C) The noise levels emitted by the facility measured in decibels for properties64
8787 within 0.25 miles of the facility.65
8888 (e)(1) Each disclosure report for a high resource use facility in this state shall provide66
8989 accurate information regarding each of the contents required pursuant to subsection (d)67
9090 of this Code section.68
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9393 (2) Each disclosure report for a proposed or planned high resource use facility in this69
9494 state shall provide reasonable and detailed projections regarding each of the contents70
9595 required pursuant to subsection (d) of this Code section.71
9696 (f) The state, any political subdivision of this state, and any state, regional, or local agency,72
9797 authority, department, or instrumentality shall verify that a disclosure report has been73
9898 submitted pursuant to this Code section for a high resource use facility prior to entering74
9999 into a contract regarding a tax incentive for such high resource use facility.75
100100 (g) Each disclosure report shall be submitted to the department, in the manner prescribed76
101101 by the department.77
102102 (h) Neither the disclosure report nor any of its contents shall be considered privileged or78
103103 confidential information, and the department shall publish each disclosure report on its79
104104 public website.80
105105 (i) No high resource use facility shall be allowed any tax incentive if the owner or operator81
106106 fails to properly submit a disclosure report as provided for in this Code section."82
107107 SECTION 2.83
108108 All laws and parts of laws in conflict with this Act are repealed.84
109109 H. B. 528
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