Georgia 2025-2026 Regular Session

Georgia Senate Bill SB264 Compare Versions

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1-25 LC 56 0360S
2-The Senate Committee on Public Safety offered the following
3-substitute to SB 264:
1+25 LC 56 0344
2+Senate Bill 264
3+By: Senators Goodman of the 8th, Payne of the 54th, Jackson of the 41st, Brass of the 6th,
4+Jones II of the 22nd and others
45 A BILL TO BE ENTITLED
56 AN ACT
6-To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to1
7+To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to
8+1
79 emergency management, so as to provide for the creation of the Georgia Resilience Office2
810 under the Georgia Emergency Management and Homeland Security Agency; to provide for3
911 a board of directors; to provide for the purpose, membership, and duties of such board; to4
1012 provide for reports; to provide for the hiring of staff; to provide for compensation and5
1113 funding; to provide for definitions; to provide for related matters; to provide for a short title;6
1214 to provide for related matters; to repeal conflicting laws; and for other purposes.7
1315 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
1416 SECTION 1.9
1517 Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency10
1618 management, is amended by adding a new article to read as follows:11
17-"ARTICLE 1312
19+"ARTICLE 13
20+12
1821 38-3-200.13
1922 This article shall be known and may be cited as the 'Georgia Resilience Act.'14
20-- 1 - 25 LC 56 0360S
23+S. B. 264
24+- 1 - 25 LC 56 0344
2125 38-3-201.15
2226 As used in this article, the term:16
2327 (1) 'Board of directors' or 'board' means the governing body of the office.17
2428 (2) 'Critical infrastructure' means publicly or privately owned facilities, systems,18
2529 functions, or assets, whether physical or virtual, providing or distributing services for the19
2630 benefit of the public, including, but not limited to, energy, fuel, water, agriculture,20
2731 healthcare, finance, communication, or any other vital public service.21
2832 (3) 'Office' means the Georgia Resilience Office established pursuant to Code22
2933 Section 38-3-202.23
3034 38-3-202.24
3135 (a) There is established the Georgia Resilience Office. The office shall be an entity within25
3236 the Georgia Emergency Management and Homeland Security Agency and attached to such26
3337 agency for all operational purposes.27
3438 (b) The primary purpose of the office shall be to plan for and coordinate state-wide28
3539 resilience and disaster recovery efforts, including coordination with federal, state, and local29
3640 governmental agencies, stakeholders, and nongovernmental entities. Responsibilities shall30
3741 include, but are not limited to, the following:31
3842 (1) To establish mechanisms to coordinate, integrate, and expand disaster recovery,32
3943 hazard mitigation, and resilience related programs and activities among state agencies and33
4044 to encourage intergovernmental as well as cross-sector coordination and collaboration;34
4145 (2) To develop, implement, and maintain a state-wide resilience plan as a framework to35
4246 guide state investments in disaster mitigation projects and the adoption of programs and36
4347 policies to protect the people and property of Georgia from the damage and destruction37
4448 of extreme weather events. The state-wide resilience plan shall be reviewed and revised38
4549 by December 31 in even-numbered years to ensure that it continues to serve the health,39
4650 safety, and welfare of the citizens of Georgia. The first version of the resilience plan40
47-- 2 - 25 LC 56 0360S
51+S. B. 264
52+- 2 - 25 LC 56 0344
4853 shall be completed by December 31, 2026, and shall, at minimum, include provisions41
4954 that:42
5055 (A) Describe known risks in each of the regional commissions established in Code43
5156 Section 50-8-32 and examine present and potential losses associated with the44
5257 occurrence of disaster events in this state and land management practices that potentiate45
5358 extreme weather events, resulting in increased flooding, wildfire, drought, and extreme46
5459 heat conditions. The risk assessment shall use best available scientific data to consider47
5560 present and potential state-wide impacts across a wide spectrum of hazards;48
5661 (B) Assess the vulnerability of infrastructure systems including transportation and49
5762 energy distribution systems and critical infrastructure at the state and municipal levels,50
5863 including, but not limited to, hospitals, schools, fire stations, comparable facilities, and51
5964 historical and cultural resources;52
6065 (C) Identify data and information gaps that affect the capacity of state agencies or local53
6166 governments to adequately evaluate and address the factors that increase disaster risk,54
6267 and recommend strategies to overcome such gaps;55
6368 (D) Develop a prioritized list of specific policies, programs, and resilience actions to56
6469 decrease vulnerabilities and adverse impacts associated with extreme weather and57
6570 disasters. Descriptions of proposed resilience actions shall include intended benefits,58
6671 potential costs, and an anticipated timeline for implementation. In developing these59
6772 actions, the office shall, at a minimum, consider:60
6873 (i) Economic impacts attributed to current and best available projections of future61
6974 risk from extreme weather events in this state, including, but not limited to, impacts62
7075 on forestry, agriculture, water and other natural resources, food systems, housing63
7176 stock, economic activity, wildlife, critical infrastructure, economic development64
7277 potential and security, education, and public health;65
7378 (ii) The long-term costs, including ongoing operation and maintenance costs of66
7479 specific projects, suites, and approaches of hazard mitigation;67
75-- 3 - 25 LC 56 0360S
80+S. B. 264
81+- 3 - 25 LC 56 0344
7682 (iii) Opportunities to prioritize the role of nature based solutions and other methods68
7783 to restore the resilience functions of natural systems and reduce disaster risk;69
7884 (iv) Potential co-benefits that may be achieved beyond risk mitigation, including, but70
7985 not limited to, enhanced water supply, improvements in water quality, tourism and71
8086 recreational opportunities, or protection of wildlife and aquatic resources;72
8187 (v) Statutory or regulatory remedies for consideration by the General Assembly;73
8288 (vi) State policies or responses, including alterations to state building codes and land74
8389 use management;75
8490 (vii) Potential benefits of additional programs or offices;76
8591 (viii) How the action may complement or operate concurrently to any relevant77
8692 existing activities undertaken by any state agency, unit of local government, or other78
8793 relevant public or private entity, or any activity included in the state-wide resilience79
8894 plan;80
8995 (ix) Practical steps that can be taken to improve efficiencies and to pool and leverage81
9096 resources to improve disaster recovery and resilience; and82
9197 (x) Potential financial resources available for increasing resilience throughout this83
9298 state;84
9399 (E) Provide for the provision of resources, technical assistance, and other support to85
94100 local governments to develop resilience plans or incorporate resilience planning into86
95101 local and regional plans, and propose and implement resilience projects;87
96102 (F) Identify metrics and measure progress and success toward state-wide resilience88
97103 goals;89
98104 (G) Integrate recommended approaches to risk reduction into existing state strategies90
99105 for hazard mitigation, environmental protection, and economic opportunity and91
100106 development; and92
101107 (H) Incorporate stakeholder and community input from citizens across this state;93
102-- 4 - 25 LC 56 0360S
108+S. B. 264
109+- 4 - 25 LC 56 0344
103110 (3) To lead long-term recovery planning efforts on behalf of the state in the event of the94
104111 proclamation of the existence of a state of emergency due to a natural disaster, or upon95
105112 a presidential declaration of a major disaster under Section 406 of the federal Robert T.96
106113 Stafford Disaster Relief and Emergency Assistance Act;97
107114 (4) To provide education and outreach on issues of disaster risk to the citizens of this98
108115 state;99
109116 (5) To collect, pursue, and expend additional funds and resources to assist not only with100
110117 long-term recovery efforts but also long-term community and state-wide resiliency101
111118 efforts, including to:102
112119 (A) Accept and use funds from the federal government and its agencies and103
113120 instrumentalities, private corporations, partnerships, associations, and individuals for104
114121 the purposes of the development and implementation of the state-wide resilience plan,105
115122 improved coordination of resilience activities, disaster recovery, hazard mitigation, risk106
116123 mitigation, and disaster response programs;107
117124 (B) Monitor federal funds and initiatives that become available for disaster recovery108
118125 and economic and community resiliency or other flood or hazard mitigation; and109
119126 (C) Use funds administered by the office for the maintenance, construction, or110
120127 reconstruction of capital repair and replacement items as necessary to effectuate the111
121128 purposes of this article; and112
122129 (6) To provide grants to institutions of higher education and other state and local113
123130 governmental entities to conduct research related to resilience concerns specific to114
124131 Georgia and consult with qualified nonpartisan experts from the scientific and disaster115
125132 resilience community.116
126133 (c) Control and management of the office shall be vested in a board of directors which117
127-shall consist of 14 members as follows:118
134+shall consist of 12 members as follows:118
128135 (1) The director of the Georgia Emergency Management and Homeland Security Agency119
129136 or his or her designee;120
130-- 5 - 25 LC 56 0360S
137+S. B. 264
138+- 5 - 25 LC 56 0344
131139 (2) The commissioner of community affairs or his or her designee;121
132140 (3) The commissioner of transportation or his or her designee;122
133141 (4) The commissioner of natural resources or his or her designee;123
134142 (5) The director of the State Forestry Commission or his or her designee;124
135-(6) The state hazard mitigation officer or his or her designee;125
136-(7) One member shall be a representative of county-level government and appointed by126
137-the Governor;127
138-(8) One member shall be a representative from a municipal government and appointed128
139-by the Governor;129
140-(9) Two members shall be from the House of Representatives and appointed by the130
141-Speaker of the House of Representatives;131
142-(10) Two members shall be from the Senate and appointed by the President of the132
143-Senate;133
144-(11) The Commissioner of Agriculture or his or her designee; and134
145-(12) One member shall be a representative from the electric utility industry and135
146-appointed by the Governor.136
147-(d) The initial term for appointments shall be two years and shall be made by July 1, 2026. 137
148-All subsequent terms shall be for four years. Any vacancies that occur prior to the end of138
149-a term shall be filled by appointment in the same manner as the original appointment and139
150-shall be for the remainder of the unexpired term. Members shall be eligible for140
151-reappointment so long as they continue to meet the requirements for appointment. A141
152-member who becomes ineligible for reappointment to his or her seat during his or her term142
153-may serve out the remainder of such term.143
154-(e) The board may appoint additional persons, such as representatives from educational144
155-institutions and nongovernmental organizations with specific expertise in disaster145
156-resilience, to serve in an advisory role to the board. Such advisers shall be nonvoting and146
157-shall not be counted toward a quorum.147
158-- 6 - 25 LC 56 0360S
159-(f) A majority of the board shall constitute a quorum, and the concurrence of a majority148
160-shall be required for the determination of any matter within its duties.149
161-(g) The chairperson of the board shall be the director of the Georgia Emergency150
162-Management and Homeland Security Agency or his or her designee. At the initial meeting151
163-of the board, the board shall elect from its membership a vice chairperson and a secretary152
164-and a treasurer. The board may combine the two latter offices and designate the combined153
165-office as secretary-treasurer.154
166-(h) The board of directors shall promulgate bylaws and may adopt other procedures for155
167-governing its affairs and for discharging its duties as may be permitted or required by law156
168-or applicable rules and regulations.157
169-(i) The board shall meet no less than once each calendar quarter at a time and place158
170-designated by the chairperson.159
171-38-3-203.160
172-(a) There is established the position of chief resilience officer who shall be the161
173-administrative head of the office.162
174-(b) The chairperson of the board shall nominate a chief resilience officer, subject to163
175-approval by the board.164
176-(c) The chairperson of the board shall establish the salary of the chief resilience officer,165
177-subject to approval by the board, and the salary of such officer shall be drawn from the166
178-general budget of the office.167
179-(d) The chief resilience officer shall serve at the pleasure of the board. The chief resilience168
180-officer, with the concurrence and approval of the chairperson of the board, shall:169
181-(1) Serve as coordinator of all economic and community resilience planning and170
182-implementation efforts, including, but not limited to, resilience programs and activities171
183-in this state;172
184-- 7 - 25 LC 56 0360S
185-(2) Hire officers, agents, and employees; prescribe their duties, responsibilities, and173
186-qualifications; set their salaries; and perform such other duties as may be prescribed by174
187-the office. Such officers, agents, and employees shall serve at the pleasure of the chief175
188-resilience officer;176
189-(3) Coordinate an annual review of the state-wide resilience plan and update the plan no177
190-less than biennially, with updates due to the board no later than September 30 in178
191-even-numbered years;179
192-(4) Report to the General Assembly at least annually regarding progress developing and180
193-implementing a state-wide resilience plan and improving interagency coordination;181
194-(5) Coordinate planning of resilience projects with federal agencies;182
195-(6) Establish a public website, which shall be the public dissemination of relevant183
196-information relevant to state-wide resilience efforts;184
197-(7) Establish and facilitate regular communication between federal, state, local, and185
198-private sector agencies and organizations to further economic and disaster resilience;186
199-(8) Execute cooperative agreements, where appropriate, between the office and the187
200-federal and state governments; and188
201-(9) Contract, where appropriate, on behalf of the office, with the federal government and189
202-its instrumentalities and agencies; any state or territory or the District of Columbia and190
203-instrumentalities or agencies thereof; municipalities; foreign governments; public bodies;191
204-private corporations; partnerships; associations; and individuals."192
205-SECTION 2.193
206-All laws and parts of laws in conflict with this Act are repealed.194
143+(6) The chief resilience officer or his or her designee;125
144+(7) One member shall be a representative of county-level government;126
145+(8) One member shall be a representative from a municipal government;127
146+(9) Two members shall be from the House of Representatives and appointed by the128
147+Speaker of the House of Representatives; and129
148+(10) Two members shall be from the Senate and appointed by the President of the130
149+Senate.131
150+(d) The initial term for appointments shall be two years and shall be made by132
151+December 1, 2025. All subsequent terms shall be for four years. Any vacancies that occur133
152+prior to the end of a term shall be filled by appointment in the same manner as the original134
153+appointment and shall be for the remainder of the unexpired term. Members shall be135
154+eligible for reappointment so long as they continue to meet the requirements for136
155+appointment. A member who becomes ineligible for reappointment to his or her seat137
156+during his or her term may serve out the remainder of such term.138
157+(e) The board may appoint additional persons, such as representatives from educational139
158+institutions and nongovernmental organizations with specific expertise in disaster140
159+resilience, to serve in an advisory role to the board. Such advisers shall be nonvoting and141
160+shall not be counted toward a quorum.142
161+(f) A majority of the board shall constitute a quorum, and the concurrence of a majority143
162+shall be required for the determination of any matter within its duties.144
163+(g) The chairperson of the board shall be the director of the Georgia Emergency145
164+Management and Homeland Security Agency or his or her designee. At the initial meeting146
165+of the board, the board shall elect from its membership a vice chairperson and a secretary147
166+S. B. 264
167+- 6 - 25 LC 56 0344
168+and a treasurer. The board may combine the two latter offices and designate the combined148
169+office as secretary-treasurer.149
170+(h) The board of directors shall promulgate bylaws and may adopt other procedures for150
171+governing its affairs and for discharging its duties as may be permitted or required by law151
172+or applicable rules and regulations.152
173+(i) The board shall meet no less than once each calendar quarter at a time and place153
174+designated by the chairperson.154
175+38-3-203.155
176+(a) There is established the position of chief resilience officer who shall be the156
177+administrative head of the office.157
178+(b) The chairperson of the board shall nominate a chief resilience officer, subject to158
179+approval by the board.159
180+(c) The chairperson of the board shall establish the salary of the chief resilience officer,160
181+subject to approval by the board, and the salary of such officer shall be drawn from the161
182+general budget of the office.162
183+(d) The chief resilience officer shall serve at the pleasure of the board. The chief resilience163
184+officer, with the concurrence and approval of the chairperson of the board, shall:164
185+(1) Serve as coordinator of all economic and community resilience planning and165
186+implementation efforts, including, but not limited to, resilience programs and activities166
187+in this state;167
188+(2) Hire officers, agents, and employees; prescribe their duties, responsibilities, and168
189+qualifications; set their salaries; and perform such other duties as may be prescribed by169
190+the office. Such officers, agents, and employees shall serve at the pleasure of the chief170
191+resilience officer;171
192+S. B. 264
193+- 7 - 25 LC 56 0344
194+(3) Coordinate an annual review of the state-wide resilience plan and update the plan no172
195+less than biennially, with updates due to the board no later than September 30 in173
196+even-numbered years;174
197+(4) Report to the General Assembly at least annually regarding progress developing and175
198+implementing a state-wide resilience plan and improving interagency coordination;176
199+(5) Coordinate planning of resilience projects with federal agencies;177
200+(6) Establish a public website, which shall be the public dissemination of relevant178
201+information relevant to state-wide resilience efforts;179
202+(7) Establish and facilitate regular communication between federal, state, local, and180
203+private sector agencies and organizations to further economic and disaster resilience;181
204+(8) Execute cooperative agreements, where appropriate, between the office and the182
205+federal and state governments; and183
206+(9) Contract, where appropriate, on behalf of the office, with the federal government and184
207+its instrumentalities and agencies; any state or territory or the District of Columbia and185
208+instrumentalities or agencies thereof; municipalities; foreign governments; public bodies;186
209+private corporations; partnerships; associations; and individuals."187
210+SECTION 2.188
211+All laws and parts of laws in conflict with this Act are repealed.189
212+S. B. 264
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