Daily report, 2019 February 12

House of Representatives

Daily Report for February 12, 2019

DAILY REPORT Tuesday
February 12, 2019

13th Legislative
Day

House Budget & Research Office (404) 656-5050

The House will reconvene for its 14th Legislative Day on Wednesday, February 13 at 10:00 a.m. The Rules Committee will meet at 9:00 a.m. No bills / resolutions are expected to be debated on the floor.

Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.
Economic Development & Tourism Committee
HB 184 Streamlining Wireless Facilities and Antennas Act; enact
Bill Summary: House Bill 184, the 'Streamlining Wireless Facilities and Antennas Act', streamlines the deployment of wireless broadband in public rights-of-way.
A wireless provider may collocate, meaning to install, mount, modify, or replace, small wireless facilities (small cells) and install, modify, or replace associated poles or decorative poles under Code Section 36-66 without an agreement with an authority and without an implementing ordinance. An authority includes a county, consolidated government, or a municipality, but does not include electric utilities. An authority may make available to providers any rates, fees, or other terms that comply with this Code section and are adopted by ordinance, resolution, or another authority document. If there is no ordinance, resolution, or other document, providers may collocate small cells and install, modify, or replace associated poles pursuant to the stipulations outlined in the Code. An authority may not require a provider to enter into an agreement, but nothing prohibits the two parties from voluntarily entering into an agreement in regard to rates, fees, and other terms; however, should there be an agreement, the authority shall make it available for public inspection and available for adoption under the same terms and conditions to any requesting provider.
An applicant shall pay the following fees to receive a permit to collocate a small cell or to install, modify, or replace a pole or a decorative pole: 1) a fee for each application for the collocation of small cells on an existing pole to be assessed by the authority that shall not exceed $100 per small cell; 2) a fee for each application for each replacement pole associated with small cells assessed by the authority that shall not exceed $250; 3) a fee for each application for a new pole associated with small cells assessed by an authority that shall not exceed $1,000 per pole; 4) an annual right-of-way occupancy rate assessed by the authority for nonexclusive occupancy that shall not exceed $100 per year for each small cell on an existing or replacement pole or $200 per year for each new pole; 5) an annual attachment rate for collocations on authority poles not to exceed $40 per year per small cell; 6) a fee for make-ready work; and 7) a generally applicable nondiscriminatory fee for any permit required under generally applicable law. The monetary caps provided shall increase 2.5% annually beginning on January 1, 2021.
Page 1 of 7

House of Representatives

Daily Report for February 12, 2019

If the Federal Communications Commission (FCC) small cell order, which states that rates and fees must be cost-based, is overturned and not subject to further review or appeal, then the fees mentioned above shall double beginning on July 1 of the calendar year following the final FCC review decision. Furthermore, on July 1 of the following year, the monetary caps shall be removed and applicants shall pay any fees or rates that are considered fair and reasonable compensation to the authority.
An applicant, or the person who owns or operates the small cell, may remove their small cells from the right-of-way after giving the authority at least 30 days written notice. The provider may cease payment to the authority upon the actual removal of the small cells. If the applicant fails to return the right-of-way to its prior condition within 90 days of removal, the authority may restore the rightof-way and charge the applicant the authority's reasonable, documented restoration cost, plus a penalty not to exceed $500. The authority may suspend the ability of the applicant to receive any new permits until the applicant has paid the amount assessed.
A provider shall not collocate a small cell in the right-of-way or install, modify, or replace a pole for small cell collocation without first filing an application and obtaining a permit. If a provider fails to comply with this requirement, the authority may restore the right-of-way to its prior condition and charge the provider a reasonable, documented cost, plus a penalty not to exceed $1,000. The authority shall make accepted applications publicly available, but may designate portions of the application as trade secrets.
An application shall not be required for inspections, testing, repairs, and modifications on poles or inspections, testing, or repairs on small cells. Furthermore, an applicant shall not be required to replace or upgrade antennas on a small cell. An authority shall not require a provider to obtain a permit or require fee payment for the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables or power lines that are strung between poles or support structures.
A provider shall not apply to install a pole or replace a decorative pole unless it has determined it cannot meet the service objectives of the permit by collocating on an existing pole; however, the provider has the right to collocate subject to reasonable terms and conditions, providing they would not impose technical limitations or significant additional costs. The provider must certify the determination was made based on the assessment of a licensed engineer and a written summary of the basis for the determination.
Section 36-66C-7 contains the requirements governing an authority's review of applications for uses that are subject to administrative review. Within 20 days of receiving an application, the authority shall: 1) notify the applicant in writing of the commencement and completion dates of scheduled or anticipated widening, repair, reconstruction, or relocation of the applicable right-ofway within 24 months of the date the application is filed; 2) notify the applicant of any grounds for denial; and 3) determine whether the application is complete and inform the applicant of its determination in writing. A denial shall be sent in writing and identify all reasons for the denial, including the provisions of applicable codes and other standards.
Small cells and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the right of way as permitted, subject to applicable codes and the following requirements: 1) each new, modified, or replacement pole installed in the right-of-way in a historic district and in a residential zone shall not exceed 50 feet or greater above ground level; 2) each new, modified, or replacement pole installed in the right-of-way not in a historic district or residential zone shall not exceed 50 feet above ground level or 10 feet in height greater than the tallest existing pole in the same authority's right-of-way; and 3) new small cells in the right-of-way shall not exceed more than 10 feet above the existing pole or support structure or the height limits previously provided for a new, modified, or replacement pole.
HB 184 requires a wireless provider to comply with reasonable and nondiscriminatory requirements that prohibit communications service providers and electric service providers from installing poles in a right-of-way in an area designated for underground or buried facilities where the authority: has required all facilities other than light poles and attachments to be placed underground; does not
Page 2 of 7

House of Representatives

Daily Report for February 12, 2019

prohibit the replacement of light poles or the collocation of small cells in the designated area; and permits wireless providers to seek a waiver of the underground requirements for the placement of a new pole to support small cells. An authority that adopts underground requirements after an agreement is made shall allow a wireless provider to maintain any small cells already collocated to any applicable pole or allow a wireless provider to replace the pole associated with a collocated device at the same location or alternate location within 50 feet of the prior location.
An authority shall approve an application for permitted uses described in subsection (a) of Code Section 36-66C-6 of the bill. This is unless the requested collocation of a small wireless facility or the requested installation, modification, or replacement of a pole or decorative pole interferes with the operation of traffic control equipment, fails to comply with applicable codes, or multiple other stipulations listed in HB 184.
A permit from the authority authorizes an applicant to undertake certain activities, but it does not create a property right or grant authorization or license to the applicant to impinge upon the rights of other people who may have an existing interest in the right-of-way. Additionally, once a permit is issued, collocation, installation, modification, or replacement shall be completed within six months after issuance. Once issued a permit, the applicant is authorized to undertake collocation, installation, modification, or replacement approved by the permit, as well as operate and maintain the small cell and any associated pole covered by the permit for a period of not less than 10 years. HB 184 also includes relocation and make-ready work provisions, in addition to small cell and pole abandonment timelines. An applicant shall not place small cells or poles in the right-of-way where they will interfere with any existing infrastructure or equipment.
Within a historic district, an applicant may collocate or place a pole only when it receives a permit from the authority per Code Section 36-66C-6 and complies with objective and reasonable aesthetic and structural requirements that have been made publicly available by the authority at least 30 days prior to submission of an application; however, the historic district requirements may not inhibit the provider's technology or service and the requirements shall not be considered a part of the small cell for the purpose of size restrictions.
For new pole applications in rights-of-way zoned for residential use, the authority may propose an alternate location within 100 feet of the requested location. The provider shall use the alternate location unless the location imposes technical limits or significant additional costs.
An applicant may collocate a small cell on a decorative pole or replace a decorative pole with a new decorative pole if the existing decorative pole will not structurally support the attachment; however, the applicant must receive a permit and comply with objective and reasonable aesthetic and structural requirements that have been made publicly available by the authority at least 30 days prior to the submission of the application. These requirements shall not inhibit the provider's service or technology and shall not be considered part of the size of the small cell in regard to size restrictions. The authority shall operate the fixtures on the replaced decorative pole and shall, absent an agreement between the authority and provider, take ownership of the new decorative pole.
Applicants may submit a consolidated application, provided the application shall be for a geographic area no more than two miles in diameter. The denial of one or more small cells or poles within a consolidated application shall not delay the processing of other small cells or poles in the application. An authority may issue a single permit or multiple permits for the small cells and poles in the consolidated application. The bill has further stipulations based on county, consolidated government, or city parcel size. If multiple applications are received by the authority to install two or more poles or collocate two or more small cells on the same pole, the authority shall resolve the conflicting requests in an appropriate, reasonable, and nondiscriminatory manner.
If an authority and provider entered into an agreement prior to October 1, 2019 addressing small cells or pole installations associated with small cells, House Bill 184 shall not apply to that authority until the agreement expires or is terminated.
Authored By: Rep. Brett Harrell (106th)

Page 3 of 7

House of Representatives

Daily Report for February 12, 2019

House Committee:

Economic Development & Tourism Committee Action:

02-12-2019 Do Pass by Committee Substitute

HR 72 Georgia; host world's largest startup pitch competition; encourage
Bill Summary: House Resolution 72 encourages the state of Georgia to partner with private entities to host the world's largest start-up pitch competition.

Authored By: House Committee:

Rep. Dar'shun Kendrick (93rd) Economic Development & Tourism Committee
Action:

02-12-2019 Do Pass

Health & Human Services Committee
HB 158 Medical assistance; Medicaid recipients have the same access to antiretroviral regimens used to treat HIV and AIDS as to those included in the formulary established for the Georgia AIDS Drugs Assistance Programs; provide
Bill Summary: HB 158 requires Medicaid recipients to have the same access to antiretroviral regimens, including single-tablet regimens, used to treat HIV and AIDS as those included in the formulary established for the Georgia AIDS Drug Assistance Program.

Any new antiretroviral regimen must be added to the drug list utilized for medical assistance no later than 30 days after such regimen has been added to the formulary established within the program. Additionally, no utilization management tools, including but not limited to preferred drug lists, prior authorizations, or step edits, shall be implemented by the department for any antiretroviral regimens used to treat HIV and AIDS.

Authored By: House Committee:

Rep. Deborah Silcox (52nd) Health & Human Services

Committee Action:

02-12-2019 Do Pass

HB 160

Community Health, Department of; pilot program to provide coverage for bariatric surgical procedures; reinstate
Bill Summary: House Bill 160 reinstates a four-year pilot program, beginning January 1, 2020, to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions under the State Health Benefit Plan.

The Department of Community Health (DCH) will partner with a postsecondary institution in Georgia for pilot program management, data collection, patient engagement, and other activities related to the pilot program, including benefits for medically-necessary bariatric procedures for the 250 participants selected for inclusion in the pilot program.

Eligible participants include people who elected coverage under a state health insurance plan and who meet other criteria established by the department. A governor-appointed panel shall review the results and outcomes of the pilot program beginning six months after the program initiation and every six months for the remainder of the pilot. DCH shall provide a final report to the chairpersons of the House and Senate Health and Human Services Committees and the House and Senate Appropriations Committees by June 30, 2024.

Authored By: House Committee:

Rep. Katie Dempsey (13th) Health & Human Services

Committee Action:

02-12-2019 Do Pass

HB 166 Genetic Counselors Act; enact
Bill Summary: House Bill 166 establishes the 'Genetic Counselors Act.' On and after January 1, 2020, a person shall not engage in the practice of genetic counseling in this state without a valid

Page 4 of 7

House of Representatives

Daily Report for February 12, 2019

license issued by the Georgia Composite Medical Board.

Authored By: House Committee:

Rep. Deborah Silcox (52nd) Health & Human Services

Committee Action:

02-12-2019 Do Pass by Committee Substitute

HB 187

Community Health, Department of; pilot program to provide coverage for the treatment and management of obesity and related conditions; provide
Bill Summary: House Bill 187 establishes a three-year pilot program for 250 individuals per year through the Department of Community Health (DCH) to provide coverage for the treatment and management of obesity and related conditions, including medication and counseling.

Eligible participants include people who elected coverage under a state health insurance plan and who meet other criteria established by the department. DCH will partner with a postsecondary institution in Georgia for pilot program management, data collection, patient engagement, and other activities related to the pilot program, including coverage of all U.S. Food and Drug Administration approved medications for chronic weight management.

DCH shall review the results and outcomes of the study starting six months after its initiation and continue to conduct subsequent reviews every six months thereafter. DCH shall provide a final report to the chairpersons of the House and Senate Health and Human Services Committees and the House and Senate Appropriations Committees by December 15th of the last year of the pilot.

Authored By: House Committee:

Rep. Katie Dempsey (13th) Health & Human Services

Committee Action:

02-12-2019 Do Pass

HR 135 Congress; eliminate five-month waiting period for disability insurance benefits for individuals living with amyotrophic lateral sclerosis (ALS); urge
Bill Summary: House Resolution 135 urges Congress to eliminate the five-month waiting period for disability insurance benefits for individuals living with amyotrophic lateral sclerosis (ALS).

Authored By: House Committee:

Rep. Chuck Efstration (104th) Health & Human Services

Committee Action:

02-12-2019 Do Pass

Intragovernmental Coordination - Local Committee
HB 159 Molena, City of; provide for four-year terms of office for mayor and councilmembers
Bill Summary: This bill provides for four-year terms of office for the mayor and councilmembers of the city of Molena.

Authored By: House Committee:

Rep. Ken Pullin (131st) Intragovernmental Coordination Local

Committee Action:

02-12-2019 Do Pass

HB 161 Jackson County; board of elections and registration; provide composition
Bill Summary: This bill provides for the composition of the board of elections and registration in Jackson County.

Authored By: House Committee:

Rep. Tommy Benton (31st) Intragovernmental Coordination Local

Committee Action:

02-12-2019 Do Pass

Page 5 of 7

House of Representatives

Daily Report for February 12, 2019

HB 162

Commerce, City of; independent school district ad valorem tax; change net income limitation
Bill Summary: This bill amends a city of Commerce school tax homestead exemption so that the $10,000 exemption for those 62 and older and the $20,000 exemption for those 65 and older are only eligible to those with a net household income that does not exceed $25,000.

Authored By: House Committee:

Rep. Tommy Benton (31st) Intragovernmental Coordination Local

Committee Action:

02-12-2019 Do Pass

HB 163

Jefferson, City of; independent school district ad valorem tax; change net income limitation
Bill Summary: This bill amends a city of Jefferson school homestead exemption so that the $10,000 exemption for those 62 and older and the $20,000 exemption for those 65 and older are only eligible to those with a net household income that does not exceed $25,000.

Authored By: House Committee:

Rep. Tommy Benton (31st) Intragovernmental Coordination Local

Committee Action:

02-12-2019 Do Pass

HB 164

Jackson County; school district ad valorem tax; change net income limitation
Bill Summary: This bill amends a Jackson County homestead exemption so that the $10,000 school tax exemption for those 62 and older is only eligible for those with a net household income that does not exceed $25,000.

Authored By: House Committee:

Rep. Tommy Benton (31st) Intragovernmental Coordination Local

Committee Action:

02-12-2019 Do Pass

HB 194 Meigs, City of; provide new charter Bill Summary: This bill provides a new charter for the city of Meigs.

Authored By: House Committee:

Rep. Sam Watson (172nd) Intragovernmental Coordination Local

Committee Action:

02-12-2019 Do Pass

Judiciary Committee
HB 25 Contracts; provide military service members civil relief concerning certain contractual obligations due to circumstances of active duty
Bill Summary: HB 25 allows service members, defined as active duty members of the U.S. armed forces, Georgia National Guard, or Georgia Air National Guard, to terminate a contract with a provider of television, video, and audio programming services; internet access services; or health spa or gym services when the service member is ordered to relocate to a location that does not support identical contractual services from that provider for a period of at least 90 days. Additionally, the Code's reference to the `Servicemembers Civil Relief Act' regarding self-service storage facilities is updated to reflect current federal numeration.

Authored By: House Committee:

Rep. D. C. Belton (112th) Judiciary

Committee Action:

02-12-2019 Do Pass by Committee Substitute

Public Safety & Homeland Security Committee

Page 6 of 7

House of Representatives

Daily Report for February 12, 2019

HB 113

Motor vehicles; prohibit license and instruction permit holders from using a stand-alone electronic device or wireless telecommunications device while driving
Bill Summary: House Bill 113 prohibits drivers under the age of 18 with instruction permits, Class D licenses, or motorcycle instruction permits from driving while using a stand-alone electronic device or wireless telecommunications device as defined in the distracted driving portion of the Code. Use of these devices while driving is only permitted if the person is reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard. Violators of this provision will receive a civil penalty of $150 for each offense.

Authored By: House Committee:

Rep. John Carson (46th) Public Safety & Homeland Security Committee
Action:

02-12-2019 Do Pass

SB 25

Rules of the Road; when driver of a vehicle need not stop upon meeting or passing a school bus; clarify
Bill Summary: Senate Bill 25 allows drivers to continue driving past a stopped school bus on a highway with separate roadways only when the roadways are separated by a grass median, unpaved area, or physical barrier when the bus is on the separate roadway.

Authored By: House Committee:

Sen. Bill Heath (31st) Public Safety & Homeland Security Committee
Action:

02-12-2019 Do Pass

Committee Meeting Schedule
This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule, please visit www.house.ga.gov and click on Meetings Calendar.
Wednesday, February 13, 2019 8:00 AM APPROPRIATIONS TRANSPORTATION 515 CLOB 8:00 AM AGRICULTURE AND CONSUMER AFFAIRS 403 CAP 8:00 AM INSURANCE 606 CLOB 9:00 AM RULES 341 CAP 10:00 AM FLOOR SESSION (LD 14) House Chamber 1:00 PM Governmental Affairs State & Local Government Subcommittee 406 CLOB 1:00 PM HIGHER EDUCATION 606 CLOB 1:00 PM APPROPRIATIONS HUMAN RESOURCES 403 CAP 1:15 PM Ways and Means Subcommittee on Income Tax1 33 CAP 1:30 PM Ways and Means Subcommittee on Sales Tax 133 CAP 2:00 PM APPROPRIATIONS ECONOMIC DEVELOPMENT 515 CLOB 2:00 PM Ways and Means Subcommittee on Ad Valorem 133 CAP 2:00 PM STATE PROPERTIES 132 CAP 3:00 PM APPROPRIATIONS PUBLIC SAFETY 406 CLOB 3:00 PM APPROPRIATIONS HEALTH 341 CAP 3:00 PM APPROPRIATIONS HIGHER EDUCATION 415 CLOB 3:00 PM INDUSTRY AND LABOR 506 CLOB 3:00 PM WORKING GROUP ON CREATIVE ARTS & ENTERTAINMENT 403 CAP 4:00 PM SPECIAL COMMITTEE ON ACCESS TO QUALITY HEALTH CARE 506 CLOB
Page 7 of 7