Legislative Report: Concerns Remain Over Transportation Funding Plan

By Rep. Alan Powell

As reported last week, the Transportation Funding Act introduced by the chairman of the House Transportation Committee is a work in progress and has already been significantly amended from its original form. A Transportation subcommittee approved the amended version of the legislation on Feb. 9.

HB 170 would convert the current state excise tax plus sales tax formula on a gallon of gas to a consolidated excise tax of 29.2 cents, with no sales tax added. This is a truth-in-government-financing provision to ensure that funds derived from motor fuel usage are directed toward maintaining and improving our roadways.

Addressing concerns over that provision and its effect on local governments and school boards, which depend on sales tax revenues, a change was made to authorize county commissions to levy a local excise tax of 6 cents per gallon, with the revenues to be divided between county and city governments.

The legislation, intended to provide an additional $1 billion per year for infrastructure maintenance and improvements in Georgia’s transportation system, now goes to the full House Transportation Committee for its consideration.

I continue to have concerns and reservations about the legislation, and it is expected that further changes will be necessary before the bill reaches the House floor for a vote. Key Senate leaders have also expressed concerns over the proposal.

Solar Power Financing: The House of Representatives voted unanimously Feb. 9 to approve legislation that would allow homeowners and small businesses to finance the purchase of solar panels to generate electricity. The Solar Power Free Market Financing Act (HB 57) is the result of nine months of careful negotiations between the solar industry, Georgia Power, the electric membership corporations and members of the Municipal Electric Authority of Georgia. It is designed to enable residential and business customers to use leases or output-based financing agreements to install solar technology on their property and connect it to the grid.

Georgia has had strong growth in utility or large-scale solar but only a small amount of small-scale solar. This legislation does not contain any tax breaks or credits, nor does it change regulations for existing solar installations or cash purchases. Likewise, existing requirements dealing with the sale back to the utility of any excess solar-generated electricity are not changed.

Based on the size of the installations, utilities can enforce appropriate safety and power reliability requirements on the solar provider. Georgia Power, the EMCs and MEAG members are able to engage in solar financing if desired, but they have to remain in their own territory, and existing legal protections for consumers would remain in place. HB 57 does not alter the zoning rights of city or county governments. The legislation now goes to the Senate for its consideration.

State of the Judiciary: On Feb. 4, Chief Justice Hugh Thompson of the Supreme Court of Georgia delivered the annual State of the Judiciary address to a joint session of the House and Senate. Declaring the judicial system in Georgia as sound and strong, Chief Justice Thompson praised the state’s successful expansion of specialty courts, also known as accountability courts, which represent a cost-effective justice alternative for non-violent offenders.

Some specialty courts, such as drug and mental health treatment courts, hold offenders accountable through court-supervised treatment programs. Veterans’ courts match military veterans who are non-violent offenders with supportive volunteers who are dedicated to keeping our veterans on the right path by mentoring them through the program. More than 5,000 Georgians have had their cases handled by a total of 116 accountability courts to help reduce the taxpayer burden of incarceration.

Chief Justice Thompson also reported that some areas of rural Georgia are facing challenges regarding access to justice. Six counties have no lawyers at all, and 20 counties have fewer than five lawyers, resulting in a growing number of citizens coming to court without legal representation. The Chief Justice asked the General Assembly to support newly introduced legislation (HB 236), which would create a pilot program to assist law school graduates with repaying their college loans if they agree to work in an underserved county for at least five years.

Education Bills Advance: The House Education Committee has favorably reported legislation that would waive certain residency requirements so that children of active duty military personnel in Georgia will be able to receive special needs scholarships. HB 62 addresses the fact that military families are often required to relocate across the country and would ensure that these children would not be denied certain educational opportunities as a result.

The Education Committee also voted to approve HB 65, which is designed to increase transparency in local school boards by requiring the boards to hold at least two public meetings before adopting any budget. This would give taxpayers, parents and other citizens the opportunity to see and provide input as to how education dollars are being utilized. HB 62 and HB 65 now await action by the full House of Representatives.

The General Assembly is in session this week through Thursday, Feb. 12, which is the 15th legislative day. Please feel free to contact me throughout the session with your thoughts on pending issues, or whenever I can be of service. My legislative office is located in 613 Coverdell Legislative Office Building, Atlanta, GA 30334; phone 404-463-3793 or email [email protected]. For more information, visit www.alanpowell.net.