Environmental Policy Update Newsletter
April 1, 2011 - Crossover Day
The Environmental Policy Update Newsletter aims to provide frequent, comprehensive, and objective reports on environmental policy issues and relevant legislation in Georgia, especially during the legislative session. Click here to subscribe to future editions.
In This Issue
CROSSOVER DAY
A number of environmental policy bills were introduced during Georgia’s 2011 legislative session, and March 16 marked the last day of the 40-day legislative session that these bills could move from one chamber to the other. Because both the House and the Senate must pass a bill in order for it to become law, Crossover Day is a critical deadline in any bill’s legislative lifespan.
In order to cross from one chamber to the other, a bill must be favorably reported by its assigned committee and adopted by the originating chamber. Bills that failed to be adopted by the originating chamber are unable to advance as stand-alone bills for the 2011 session, but they are not truly considered "dead" quite yet. Bills can be amended at any point prior to final conference committee vote, so the "dropped" bills could potentially return as amendments or riders to the bills that did successfully cross from one chamber to the other.
Crossover Day 2011 halted many of the environmental policy bills introduced this session but allowed several others to advance to the next step in the legislative process.
SUCCESSFUL CROSSOVER LEGISLATION
The following environmental policy bills were passed and adopted by their originating chamber and are able to advance as stand-alone bills in the legislative process.
House Bill 274: Solid waste management; permits; number of facilities within an area; change provisions
This bill, also known as "grass to gas," would allow yard trimmings to be put in lined landfills that already have a gas collection system in place, which would increase the amount of money the landfills earn. This bill would also continue the $1.00 per tire fee on the retail sale of all new tires and designate the revenue to a solid waste trust fund.
Legislation History
March 3, 2011 – Favorably reported by the House Natural Resources & Environment Committee
March 16, 2011 – House passed and adopted
March 16, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
March 23, 2011 – Favorably reported by Senate Committee
Senate Bill 110: Waste management; restrictions on municipal solid waste landfill sites within significant ground-water recharge areas
This bill would repeal certain provisions regarding restrictions on municipal solid waste landfill sites located in significant ground-water recharge areas.
Legislation History
February 22, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
March 3, 2011 – Favorably reported by Senate committee
March 8, 2011 – Senate passed and adopted
March 11, 2011 – House Second Readers, Natural Resources & Environment Committee
Senate Bill 157: Waste management; provide local solid waste management/reporting shall be optional
This bill would make an annual report to the Department of Community Affairs on the status of local solid waste management optional for cities and counties.
Legislation History
February 28, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
March 11, 2011 – Favorably reported by Senate committee
March 16, 2011 – Senate passed and adopted
March 22, 2011 – House Second Readers, Natural Resources & Environment Committee
March 28, 2011 – Favorably reported by House Committee
House Bill 95: Ad valorem tax; forest land conservation use property; revise certain provisions
This bill would amend the Georgia Forest Land Protection Act of 2008, by changing certain provisions regarding ad valorem taxation of forest land conservation use property.
Legislation History
March 2, 2011 – Favorably reported by the House Ways & Means Committee
March 7, 2011 – House passed and adopted
March 8, 2011 – Senate read and referred to the Finance Committee
House Bill 225: Agriculture; state promote sustainable agriculture; provide
With the passage of this bill, Georgia’s policy would be to "promote sustainable agriculture." Sustainable in this context means agricultural practices that increase productivity, improve human health, or enhance environmental conditions. The practices should meet current needs as well as improve the ability of future generations to meet their needs.
Legislation History
February 16, 2011 – Favorably reported by the House Agriculture & Consumer Affairs Committee
March 14, 2011 – House passed and adopted
March 16, 2011 – Senate read and referred to the Agricultural and Consumer Affairs Committee
March 22, 2011 – Favorably reported by Senate committee
Senate Bill 9: Georgia Energy Freedom Act; cap and trade system; permit governor to delay implementation; comprehensive assessment
This bill would grant the Governor the authority to delay implementation of any federal program designed to regulate greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the governor finds that the implementation will benefit the citizens of Georgia. This Bill was amended by the Senate Natural Resources and Environment Committee, which removed provisions relating to motor vehicle fuel economy.
Legislation History
January 25, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
February 10, 2011 – Favorably reported by Senate committee
March 7, 2011 – Senate passed and adopted
March 10, 2011 – House Second Readers, Natural Resources & Environment Committee
Senate Bill 122: Water Supply Division of the Georgia Environmental Finance Authority; participation by the division; local water reservoir, facilities, and system projects
SB122 would allow local governments to seek bids and enter into contracts with private firms for the construction of reservoirs and other water storage projects. This bill would also allow the GEFA to take the lead role in developing such projects.
Legislation History
February 22, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
February 24, 2011 – Favorably reported by Senate committee
March 2, 2011 – Senate passed and adopted.
March 4, 2011 – House Second Readers, recommitted to House Governmental Affairs Committee
March 28, 2011 – Favorably reported by House committee
FAILED CROSSOVER LEGISLATION
The following bill was favorably reported by each of the two committees to which it was assigned but was not passed and adopted by the House.
House Bill 131: Conservation and Natural Resources; certain civil penalties; exempt state agencies
This bill would amend the Georgia Water Quality Act so as to exempt all state departments and agencies as well as their contractors from civil penalties associated with any water pollution caused by their activities. Furthermore, it specifically exempts state agencies, such as the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority, from certain stream and land-disturbing activity buffer requirements.
Legislation History
February 3, 2011 – House Second Readers, Natural Resources & Environment Committee
March 10, 2011 – Favorably reported by House committee
March 10, 2011 – Recommitted to House Transportation Committee
March 11, 2011 – Favorably reported by House Committee
The following bills, all concerning interbasin transfers (IBTs), failed to cross from one chamber to the other during the 2011 legislation session. These bills were never favorably reported by the committee to which they were assigned.
House Bill 111: State-wide water management planning; change certain policy provisions
In response to the DNR Board ruling, HB111 was introduced to amend policy provisions outlined in the Comprehensive State-wide Water Management Plan regarding IBTs, changing the current wording from "should" to "shall make all water permitting decisions in accordance..." The bill also proposes further amending by adding a new code, which defines IBTs and outlines all the criteria that should be considered for permitting.
Legislation History
February 2, 2011 – House Second Readers, Natural Resources & Environment Committee
House Bill 134: Water resources; regulate interbasin transfers; change certain provisions
Another response to the DNR Board Ruling, HB134 would also amend policy provisions to regulate IBTs. This bill would also require a press release 30 days prior to permit issuance, allowing the Director time to receive public comment about the proposed withdrawal permit. Similar to HB111, HB134 proposes further amendment by adding a new code defining IBTs and factors to be considered when issuing a permit.
Legislation History
February 3, 2011 – House Second Readers, Natural Resources & Environment Committee
House Bill 368: Agricultural Water Supply Protection Act; enact
This bill would allow regulated interbasin transfers specifically to protect water supplies for agricultural use in those areas where resource assessments performed for the State Water Plan indicate that water resources are "facing limitations."
Legislation History
March 1, 2011 – House Second Readers, Natural Resources & Environment Committee
House Bill 400: Water resources; Tennessee River interbasin transfer restrictions; exempt withdrawals
The House version of SB 132, this bill would exempt surface water withdrawal from a certain portion of the Tennessee River basin in northwest Georgia from any restrictions on IBTs.
Legislation History
March 2, 2011 – House Second Readers, Natural Resources & Environment Committee
Senate Bill 128: Water resources; regulate interbasin transfers of water; provisions
This bill is similar to HB111 and HB134 in that it would amend policy provisions to regulate interbasin tranfers (IBTs). Like the House bills, it would change the current wording from "should" to "shall make all water permitting decisions in accordance..." and require a press release 30 days prior to permit issuance with time for public comment. This bill also requires that an identical notice be posted on the department’s Internet website.
Legislation History
February 23, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
Senate Bill 132: Water resources; exempt water withdrawals from a certain portion of the Tennessee River basin
The Senate version of HB400, this bill would exempt surface water withdrawal from a certain portion of the Tennessee River basin in northwest Georgia from any restrictions on IBTs.
Legislation History
February 23, 2011 – Senate read and referred to the Natural Resources and the Environment Committee
The remaining bills were never favorably reported by the committee to which they were assigned.
House Bill 153: Water Conservation Act of 2011; enact
This bill, known as the "Water Conservation Act of 2011," would require municipal water withdrawal permit holders to report quarterly (on and after July 1, 2016) to the GEPD Director the total amount of surface water withdrawn and returned in the most recent calendar quarter. If 75 percent of withdrawn water has not been returned to its original source, the director will be required to modify the relevant withdrawal permit to restrict new water service connections until the next quarterly report demonstrates the minimum required return.
This bill would also grant county boards of health the authority to "adopt regulations providing standards and requirements governing the installation of on-site sewage management systems" including a minimum lot size of three acres for on-site systems connected to public water systems, a requirement that no new on-site systems be installed during "exceptional droughts," and a requirement that any residence, building, or facility eventually be disconnected from any on-site sewage management system and connected to a public sewer system within a maximum of five years.
Legislation History
February 7, 2011 – House Second Readers, Natural Resources & Environment Committee
Senate Bill 99: Property; prohibit covenants for a planned subdivision and a property owners’ association
This bill would disallow subdivision and property owners’ association covenants that prohibit installation of solar collector panels, photovoltaic arrays, solar lights, and skylights.
Legislation History
February 16, 2011 - Senate read and referred to Judiciary Committee
Senate Bill 130: Special license plate supporting the Appalachian Trail
This bill would add a special license plate supporting the Appalachian Trail conservancy it its mission to protect, maintain, and conserve the Georgia portion of the Appalachian trail.
Legislation History
February 23, 2011 – Senate read and referred to the Finance Committee
April 1, 2011 Newsletter (PDF) >>
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