2008 Legislative Session Ends with Mixed Results

This session, we made strides in expanding incentives for land conservation, obtaining funding to clean up dirty school buses, protecting Jekyll Island and defeating efforts to make it more difficult to remove billboards. Unfortunately, efforts to create a funding mechanism for all forms of transportation, including transit, and meaningful clean water supply protections failed during the last hours of the 2007-08 legislative session.

Though they quickly passed a policy based statewide water, the General Assembly missed out on an opportunity to pass laws that would have an immediate impact on the conservation of our rivers, lakes and streams.

This year, the conservation community had an ambitious agenda and we are glad that our leaders took small steps forward. However, we need to see more leadership from our elected officials. We are resolved to continue to work with the conservation and business community to address the challenges we face on water and transportation during election season and the 2009 legislative session.

Below you will find more details on our community priorities as well as other important environmental initiatives during the 2008 legislative session.

Thank you for all of your work to help Georgia Conservation Voters remain the political voice for conservation in our state. Your emails, phone calls, and visits to elected officials helped us make our presence known.

Stay tuned this summer for our 2007-08 General Assembly Scorecard!

Ensure a Clean and Abundant Water Supply:

HR 1022 ratifies a non-statutory statewide water management plan. Boundaries to create regional water districts are drawn along political boundaries rather than the natural lines of river basins. Appointments to regional water districts will be conducted by statewide, rather than local, office holders. Passed.

SB 342 attempts to streamline the permitting and funding process for reservoirs as governed by the State Soil and Water Conservation Commission. On the last day of the session, HB 1226 was amended onto SB 342. HB 1226 creates a Water Supply Division in the Georgia Environmental Facilities Authority and creates a Georgia Reservoir Fund to fund water supply efforts. It also adds EPA's WaterSense products to the list of those eligible for the sales tax holiday the first weekend in October. Language to provide that the Director of Georgia Environmental Protection Division utilize criteria in the statewide water plan before approving transfers of water from one basin to another passed the House, but was stripped out by the Senate Natural Resources and Environment Committee. Passed.

Secure Funding for Transit:

SR 845 amends the constitution to allow local ballot referendums on a penny sales tax for transportation projects, including transit, if passed by voters. It would also shift the existing one percent of general sales tax on motor fuel from only roads and bridges to all forms of transportation, if approved by voters. After days of conference committee meetings, the resolution passed the House with the requisite 2/3 support, but failed to gain the necessary support in the Senate. Failed.

Make Our School Buses Clean, Keep Our Kids Healthy:

The FY09 budget (HB 990) conferees included $250,000 in Department of Transportation administrative funds to provide a state match for federal Congestion Mitigation and Air Quality funds that will help retrofit diesel school buses in regions of the state violating Clean Air Act standards with pollution control technology. Passed.

Conserve Our Natural Areas:

HB 1274 amends the Georgia Land Conservation Tax Credit to increase eligibility of certain tracts and types of donations. It also extends the carry forward for unused credits from 5 to 10 years. It updates the definition of fair market value to match that of the IRS while providing for penalties for substantial value misstatements. It also adds eligibility for members of a partnership for a total tax credit of up to $1 million. And it directs the Board of Natural Resources to promulgate rules to determine the suitability of a tract for conservation purposes. Passed.

Other Conservation-Related Bills:

SB 425/426/428: All three bills were introduced by Senator Jeff Chapman. SB 425 prohibits new permanent residences on the island. SB 426 bars development of the public beach north of the present Convention Center. SB 428 defines terms found in the current Jekyll Island Act that have been disputed by citizens, the Jekyll Island Authority and their attorneys. Failed - all three bills were killed by the Senate Economic Development Committee.

SB 367 renews the Coastal Zone Management Act to ensure Georgia remains eligible for federal funds. It was amended in the House Natural Resources Committee to include language to protect the beach north of the Convention Center, but the bill was not let out of the House Rules Committee. Failed. On April 2, the Jekyll Island Authority announced a joint decision with developers from Linger Longer Communities to limit use of this area to those public purposes and not development of accommodations, such as hotels and condominiums.

HB 1211/HR 1276 amends the constitution to provide property tax relief for forestry and timber land owners in return for a 15 year covenant restricting development on their lands. Passed.

HB 1281 requires local governments to get approval from the Director of the Environmental Protection if they wish to implement drought restrictions on water that are stronger than those applied by the state. It also allows local governments to petition the state to be exempted from state-determined drought restrictions. Passed.

SB 332 allows for the expansion of the Metro Atlanta Rapid Transit Authority into Clayton, Cobb and Gwinnett counties. Failed.

SB 420 exempts Department of Transportation from civil penalties levied by the Environmental Protection Division for violating soil and erosion sedimentation regulations. Language that would have also exempted DOT contractors was removed by amendment on the Senate floor. Failed.

SB 463 allows for reuse of gray water by private residences under certain conditions and directs county boards of health to promulgate regulations and provides for fines for violations. Passed.

HB 1176 allows non-profits with local government support to be eligible to apply for and receive loans under the Georgia Land Conservation Program. It also allows the Georgia Forestry Commission and other state entities to be eligible for grants under the program. Passed.

SB 256 rewards billboard companies by allowing them to cut trees and vegetation in front of any signs they agree to lower. Failed.

HB 1244 extends and expands tax credits to employers for implementing telecommuting programs. The bill was amended to include an income tax cut championed by the Lt. Governor during the final day of the session and did not make it out of conference committee. Failed.

HB 1318 requires a local government to pay billboard companies anytime they agree to a road widening or zoning change that results in a billboard removal. Failed.

HB 670 creates an income tax credit to promote clean energy (solar and wind) and energy efficiency technology (geothermal, lighting, and efficient buildings). It also creates income tax credits for wood residuals transported to qualified renewable biomass facilities. Passed.

HB 1322/SB 217 forbids homeowners associations to prohibit xeriscaping, or water conserving landscapes. Failed.

SB 130 requires the Department of Community Affairs to adopt policies and procedures to allow the state to design and build more energy and water-efficient buildings. It also encourages the use of building materials from Georgia. Passed.

HB 1070 creates a misdemeanor offense when a person is found to be operating an off-road vehicle on stream beds and banks. Failed.

SB 399 reauthorizes the scrap tire fee as the funding sources for the Solid Waste Trust Fund, to aid state and local efforts to reduce solid waste, recycle and clean up scrap tires. Passed.

Other Conservation-Related Resolutions:

HR 1016/HR 1017: HR 1016 urges the federal Minerals Management Service to begin a new five year planning process to examine adding the areas of the coast of Georgia to its oil and gas lease program. HR 1017 urges Congress and the President to moratorium on offshore oil and gas drilling. Failed.

HR 1032 creates the House Organic Farming and Raw Milk Study Committee to undertake a study related to product certification and fair business practices concerning organic farming and raw milk consumption. The committee stands abolish on December 1, 2008. Passed.

HR 1607 creates the Biodiesel Fuel Study Committee to undertake a study of the conditions, needs and issues to provide incentives to promote the use of biodiesel. The committee stands abolished on December 1, 2008. Passed.

SR 822 urges the Governor to negotiate with the Governors of Tennessee and North Carolina over the state boundary lines and urges the Attorney General to initiate legal action if negotiations should fail. Passed.

SR 1052 urges amending the federal Endangered Species Act to allow a state to be exempt from the Act when the Secretary of the Army or a governor declares that drought conditions are threatening the health, safety, and welfare of residents in a region. Passed.

SR 1007 urges the Georgia Congressional Delegation to oppose the U.S. Environmental Protection Agency's efforts to tighten air quality standards. Passed.