The Georgia Legislature adjourned for the year on Friday, June 26. The session was suspended on March 13 for three months due to the coronavirus. Thanks to all who contacted their legislators and thanks to contract lobbyist Neill Herring and intern Liam Torpy. Thanks to Ricky Leroux for critical communications work.
I'm pleased to report that HB 545 — the Georgia Farm Bureau and Georgia Poultry Federation attack on environmental law (nuisance law is the original environmental law) — died without a vote in the House on the amended Senate version.
Other bad rollbacks defeated this year included HB 937. The bill was the attempt by the homebuilders, realtors, and chemical companies to preempt local control over single family and duplex design standards. HB 937 was known as Blight Now or PVC Everywhere. One rollback, SB 43, slipped through. That was the Dalton Utilities and Georgia Power effort to take away the vote of the people of Dalton for more Vogtle debt.
Several positive measures passed this session, including bills on ethylene oxide reporting, a ban on burning treated railroad ties for production of electricity, regulation of land application of poultry plant waste and other "soil amendments,” the coal ash host fee fix, and Uber fees for transit. The Governor has 40 days to sign, veto or let these bills become law without signature.
Two good constitutional amendments are now headed to the November ballot. One is the trust fund fee fix, and the other is the fix for sovereign immunity so citizens can sue the state for illegal actions.
Several important environmental bills were introduced by Democrats but did not move. Those included requiring coal ash to be stored in lined pits, opening the motor fuel tax to transit, requiring 100% clean electricity, banning single use plastic bags, and stopping the payment of the Vogtle tariff by schools.
ROLLBACKS SIERRA CLUB OPPOSED
HB 545 by Rep. Tom McCall (and the Georgia Farm Bureau, Georgia Poultry Federation, and Georgia Agribusiness Council) was an attack on Georgia’s nuisance law. The bill would have made it harder to sue if a giant industrial agricultural operation, like a massive pig farm, moves in next door.
The bill passed the Senate in June after two hours of bitter debate. Senator Karinshak called the bill an “abomination" and said that it was Big Ag selling out the small farmers. That statement was both succinct and deadly accurate.
The good news is that the Senate Judiciary Chair Senator Jesse Stone (R-Waynesboro) passed an amendment to put back in a real two year statute of limitations. The Jesse Stone-William Ligon amendment passed 28-21 with seven Republicans (Greg Dolezal of Cumming, Chuck Hufstetler of Rome, Kay Kirkpatrick of Marietta, William Ligon of Brunswick, PK Martin of Lawrenceville, Jesse Stone of Waynesboro, Lindsey Tippens of Marietta) and all 21 Democrats voting for the amendment.
Unfortunately, the greedy men at the Georgia Farm Bureau, Georgia Poultry Federation, Georgia Cattlemen's Association, and Georgia Agribusiness Council tried to get HB 545 in a Committee of Conference (where lawmakers from both chambers work to reconcile different versions of the bill they passed) to put it back closer to the original “Big Ag Abomination” bill. That effort failed.
HB 545 started out exactly the same as the North Carolina bill pushed by pork producers that took away the rights of people living near the massive open lagoons of hog manure to protect their homes. This is a huge environmental justice issue as many communities of color are affected by the terrible odors, polluted well water, flies, and other nuisances.
Nuisance law is the original environmental law. The current four-year statute of limitations is needed as most people waste two or three years trying to get the Georgia Environmental Protection Division (EPD) or the U.S. EPA to do something about the pollution. It takes some time before people realize their only recourse is nuisance law.
SB 211 by Sen. Tyler Harper is an attack on Beyond Meat and other meat substitutes pushed by the Cattlemen's Association and the Georgia Farm Bureau. The Cattlemen's Association has introduced similar bills trying to change food labeling in more than 25 states. Lobbyists for Impossible Foods and the Grocery Association testified against the bill. After being amended, SB 211 passed as agreed to by the grocery stores and Impossible Foods. You can go to the Plant Based Food Association website for more background.
HB 906 by Rep. Darlene Taylor would allow the Georgia Department of Natural Resources (DNR) to sell up to 15 acres of Heritage Trust land to private entities in addition to local governments. The state needs to fund repairs for historic homes, but selling them off is not acceptable. The Gullah-Geechee community, all the historical preservation groups and former President Jimmy Carter all opposed this measure. Rep. Jesse Petrea says that he and Senator Ben Watson, both from Savannah, killed the bill for this year. Rep. Petrea, a supporter of the DNR, had tried to work out a deal but seems to have found that unattainable and gave up for the session. HB 906 died in the state Senate.
ENERGY
SB 123 by Sen. William Ligon fixed the loophole that made it cheaper to store coal ash in local landfills than regular household trash. If the bill is signed by Gov. Kemp, the minimum host fee paid to local governments to store coal ash is now $2.50, the same fee placed on regular garbage. HB 926, restoring the tire disposal fee to $1 and restoring other trust fund fees, was added in committee. Passing SB 123 was a Georgia Water Coalition priority. SB 123 passed.
HB 857 by Rep. Alan Powell bans the burning of treated railroad ties for electricity production. This law is much needed due to problems with two biomass to electricity plants in northeast Georgia. Instead of burning clean wood chips as was promised, there are piles of treated railroad ties being burned in both Madison and Franklin County biomass operations. HB 857 passed.
LAND/WATER/TOXICS
SB 426 by Sen. Brian Strickland requires immediate reporting and posting on the EPD website of any releases of ethylene oxide in excess of the permitted level. This bill was greatly improved by pressure from the Cobb County Stop Sterigenics citizens’ group, Rep. Erick Allen, Rep. Mary Frances Williams, and others. SB 426 passed.
SB 384 by Sen. William Ligon protects the Satilla River blackwater corridor. It would stop a mega-landfill proposed for Brantley County. There were objections from the landfill's lobbyist, former EPD Director Jud Turner. SB 384 died in the House Rules Committee due to opposition from the Governor's Office.
HB 1057 by Rep. Trey Rhodes allows local governments to regulate "soil amendments" after a problem with a court ruling in Oglethorpe County. The dumping of chicken plant sludge, rotten eggs, septage, and other noxious substances by John Hulsey and others is a major problem in Elbert County as well as Oglethorpe County. HB 1057 passed.
HR 1023 by Rep. Andrew Welch is a constitutional amendment that restores the right of the people of Georgia to sue the state government for relief when the state or its agencies break the law. This so-called “waiver of sovereign immunity” was lost in a Supreme Court case several years ago, and previous remedies have been vetoed by governors. This Resolution has now passed both Chambers and will be placed on the ballot in November, along with the Trust in Trust Funds Amendment, also sponsored by Rep. Welch. These are two much-needed reforms.
FEES
HR 164 by the late Rep. Jay Powell passed the state Senate on a vote of 53-0 on Day 27, the same version passed by the House. HR 164 now goes on the November ballot. Sierra Club has sought this legislation for at least 16 years. It allows the General Assembly to create and abolish fee-based programs but the funds collected through those fees must be used for the purposes set forth in the act creating them. The funds do not “lapse” back into the General Fund if not used during the year they were collected, but remain in the program to fund its operations.
TRANSPORTATION
HB 105 with the fix for the Uber fees ( $0.50/ride) and “quasi-dedication” to transit passed and is on the Governor's desk awaiting signature.
HB 511 started out as a bill to make major changes to rural transit. It was later gutted and amended to move the ATL Board, which governs transit in the metro Atlanta area, from Georgia Regional Transportation Authority to the Georgia Department of Transportation. HB 511 passed.
— Mark Woodall, Chair, Legislative Committee