Atlanta, GA — Two bills aiming to prohibit cities and counties for creating regulations on gas-powered leaf blowers made their way through the legislature this year. Only one of them blew through the last day of the legislative session. 

Senate Bill 145 and House Bill 374 both aimed to limit local regulations on gas-powered leaf blowers. SB 145 did not pass the state legislature, while HB 374 did and will head to the governor. 

HB 374 started out as a bill providing procedures for municipal deannexation. The Senate State and Local Governmental Operations Committee amended the bill to add provisions related to regulating gas-powered leaf blowers and gas appliances. 

There are three parts to this bill: 

– Local governments would not be able to adopt regulations that create differing standards for or distinguish gas-powered leaf blowers from similar equipment. 

A gas-powered leaf blower is defined as “any machine that is powered by a two-stroke or four-stroke engine and uses as fuel gasoline or a blend of gasoline and oil, used to blow leaves, dirt, or other debris off of sidewalks, driveways, lawns, or other surfaces,” the legislation states. 

– Provides procedures for municipal deannexation of property with signed applications of all property owners of the land. 

– Prohibits governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service or sales of certain fuel based upon the appliance.

“This bill was amended in the Senate to provide further applicability and restrictions to the alternative deannexation process that I presented…on Crossover Day,” Rep. Brad Thomas (R – Holly Springs) said. “Additionally, it now includes a provision for homeowners and business owners to choose a fuel source they wish or need to use their appliances, while still allowing local government and port authorities to enact voluntary efficiency or environmental programs. It also provides parity between the treatment of fuel sources powering leaf blowers.” 

The House agreed to the Senate substitute on March 29 and the bill passed the General Assembly. HB 374 includes three parts of the six sections that were part of SB 145, the original leaf blower bill. 

On March 27, the Georgia House of Representatives passed SB 145, which originally only aimed to prevent these regulations, but it took on a life of its own in the House as several other bills were combined into one bill. 

Here is a breakdown of the various parts of the bill, which did not pass the legislature:

– Local governments would not be able to adopt regulations that create differing standards for or distinguish gas-powered leaf blowers from similar equipment. 

– Provides procedures for municipal deannexation of property with signed applications of all property owners of the land. 

– Repeals provisions that authorize administrative officers to exercise zoning powers. It allows quasi-judicial boards and agencies to hear and make decisions on applications for special administrative permits and conditional permits

– Provides for the creation of county commercial property assessed conservation, energy and resiliency development authorities 

– Prohibits governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service or sales of certain fuel based upon the appliance. 

– Allows for additional investment in electric membership corporation-owned gas marketers. 

During the floor session on March 27, questions were raised about how all the different parts of the bill fit together. Rep. Joseph Gullett (R – Dallas), who sponsored the bill in the House, said the governmental affairs committee “believed those to be germane.” 

Rep. Mary Margaret Oliver (D – Decatur) made a motion that provisions of the bill be declared not germane, or not relevant, to one another. She mentioned two state court cases that say the provisions of any bill must have unity of purpose, and the provisions must have a logical and natural connection. 

“Mr. Speaker, in making your ruling, please tell me how leaf blowers, CPACE [and] annexation have a unity of purpose,” Oliver said. 

Speaker of the House Jon Burns said the bill had been debated thoroughly, and the issues were related to one another.

When the bill passed the Senate, it only sought to prohibit counties and municipalities from creating local regulations on gas-powered leaf blowers. It passed the Senate by a 37-16 vote. 

The Senate added an amendment from Sens. Shawn Still (R – Norcross), who is the bill sponsor, and Elena Parent (D – Senate District 42), which says the bill will be repealed as of June 30, 2031. The sunset was removed by the House governmental affairs committee.

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