Georgia HB 449: Ad valorem tax; breach of a covenant for bona fide conservation use related to solar generation of energy; repeal an exception

Bill Text

23 LC 43 2662
H. B. 449
- 1 -
House Bill 449
By: Representatives Knight of the 134
th, Corbett of the 174
th, Rhodes of the 124
th, Cannon
of the 172
nd, and Pirkle of the 169
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated,1
relating to general provisions for ad valorem taxation of property, so as to repeal an2
exception to the breach of a covenant for bona fide conservation use related to the solar3
generation of energy; to provide for related matters; to provide for an effective date; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to8
general provisions for ad valorem taxation of property, is amended by revising paragraph9
(11) of subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use10
property, residential transitional property, application procedures, penalties for breach of11
covenant, classification on tax digest, and annual report, as follows:12
"(11)(A) Allowing part of the property subject to the covenant to be used for solar13
generation of energy and conversion of such energy into heat or electricity, and the sale of14
the same in accordance with applicable law.15

23 LC 43 2662
H. B. 449
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(B) The provisions of subparagraph (A) of this paragraph shall not allow the portion16
of the property on which such solar energy generating equipment is located, as depicted17
by a boundary survey prepared by a licensed surveyor, and which is subject to an18
existing covenant to remain in the covenant. Such property shall be removed from the19
existing covenant at the time of the installation of the solar energy generating20
equipment and shall be subject to the penalty for breach of the covenant contained in21
subsection (q) of this Code section and shall be subject to ad valorem taxation at fair22
market value Reserved; or"23
SECTION 2.24
This Act shall become effective on January 1, 2024.25
SECTION 3.26
All laws and parts of laws in conflict with this Act are repealed.27