2024 Legislative Update
Final Week of the 2024 Georgia General Assembly
Principled advocacy relies upon sound data and inclusive collaboration. With this in mind, the Georgia Conservancy's Advocacy team is under the Gold Dome every day of the Legislative Session working with partners in advocating for the protection of Georgia's land, water, and communities.
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Yesterday, March 28, was Sine Die, the last day of the 2024 Legislative Session. This update will bring you up to speed on the outcome of important measures that survived Crossover Day. We will provide a legislative recap next week that provides a greater snapshot of this year's session.
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The Georgia Conservancy's Advocacy team is at the State Capitol every day of the Legislative Session advocating for the protection of Georgia's land and water.
There are often many surprises that arrive during the three-month session. Some of these surprises may be welcome pieces of legislation that will be of benefit to Georgia's natural resources, while others could have dire consequences for our state.
As the second year of a two-year session, the Georgia Conservancy has a clear set of priorities and is monitoring any legislation introduced that could be of benefit or detriment to our state’s natural resources.
Legislative action on the following measures has taken place during the 2024 Legislative Session:
Dragline Mining Moratorium – Senate Bill 132
An amended Senate Bill 132, sponsored by Sen. Brandon Beach (R-21), proposes a 3-year moratorium (July 2024 thru June 2027) on the acceptance of applications by Georgia EPD for dragline surface mining permits of heavy sands minerals. The measure overwhelmingly passed the House on March 26 with a vote of 167 to 4, however on sine die, during a slow-moving process and an agenda full of bills of greater priority to the Lieutenant Governor, the amended SB 132 did not receive a floor vote by the Senate.
The moratorium language replaces the language originally found in Senate Bill 132, a move supported by Speaker Jon Burns. The moratorium in Senate Bill 132 focuses on the mining technique and minerals specified by Twin Pines Minerals, LLC for the proposed mine along a geological formation known as Trail Ridge in southeast Georgia. In essence, this statutorily names the Twin Pines project as a pilot project and will restrict their proposed mining technique to the pilot site until scientific data can be obtained to determine the effects of the mine on surrounding ecosystems.
Importantly, Senate Bill 132 offers what the Georgia Conservancy believes is a “clean moratorium” and does not include concerning language found in an earlier moratorium measure, House Bill 1338 - specifically language that would have limited judicial review of petitions and allowed for permits and/or rulings to be issued by default.
The effort to legislative pass a mining moratorium on Trail Ridge follows the February 9 announcement that Georgia EPD had issued draft mining permits to Twin Pines. The draft permits are specific to a 700-plus-acre demonstration site with 500-plus acres of mining activity on Trail Ridge in Charlton County. This site, known as Phase 1, would be the first step in Twin Pines establishing a larger 8,000-acre heavy mineral sand strip mine on Trail Ridge, along the southeastern border of the Okefenokee National Wildlife Refuge.
While the amended Senate Bill 132 does not expressly prohibit the modification of draft permits or permit applications already underway, Twin Pines’ Draft Mining Permit is the only permit or application that currently fits this definition. Section C.3 of this permit specifically prohibits the expansion of the proposed pilot project area under this permit. Section C.3 also states that any proposed modifications to the operations proposed under this permit would have to be approved by Georgia EPD.
Of course, the Georgia Conservancy favors a longer moratorium or a moratorium that could be extended; however, we respect the wishes of the bill sponsors and understand that three years was the longest moratorium that they could support. Many things can happen in three years, including a shift in legislative agendas, a shift in corporate policy or interests, or the sources of necessary funding for a conservation option.
The proposed three-year moratorium would provide breathing room to explore more permanent conservation options for Trail Ridge, while still respecting the private property rights deemed crucial to legislators. This legislation strikes a compromise and sends a signal that the Georgia General Assembly is willing to act to protect the Okefenokee.
It typically takes many years for a mining permit to be issued, so if applications cannot be submitted until 2027, it is unlikely that any permits for dragline mining of heavy mineral sands would be issued in this decade.
The Georgia Conservancy supports the three-year moratorium and is hopeful that the time and space for further discussion provided will secure a future for the Okefenokee Swamp that all Georgians will celebrate. We urge our state lawmakers to support the Okefenokee Swamp by passing the amended Senate Bill 132.
The amended Senate Bill 132 passed the full House, but did not receive a vote when it returned to the Senate for approval.
The Georgia Conservancy supports the passage of Senate Bill 132.
Water Rights and Freshwater Access - House Bill 1172 and Senate Bill 542
During last year's session, House Resolution 519 established a House Study Committee on Fishing Access to Freshwater Resources to provide clarity around public access to particular freshwater rivers in Georgia and the rights of landowners with adjacent properties.
The Study Committee focused much of its efforts on addressing questions and concerns regarding Senate Bill 115, which passed during the closing hours of the 2023 Legislative Session, and addressing the issues that led to the bill's introduction. Senate Bill 115 added a new subsection to the Georgia code as it relates to the rights of adjoining landowners in navigable streams.
After holding four hearings across the state during the interim, the Study Committee issued an 8-page report with the recommendations to House Speaker Jon Burns.
Two measures, House Bill 1172, sponsored by Rep. James Burchett (R-176), and Senate Bill 542, sponsored by Sen. Sam Watson (R-11) have been introduced this session as a legislative response to the findings of a House Study Committee. A substitute version of HB 1172 passed the House Judiciary Committee on Feb. 15.
While both HB 1172 and SB 542 seek to clarify the law as it pertains to state ownership of navigable stream beds and clarify language that expresses the public right of passage on navigable streams, SB 542 provides stronger support for the rights of those boating, hunting and fishing on such streams.
SB 542 states: "(c)(1) The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that, by the common law, the citizens of this state have a right to use for passage and for hunting and fishing all navigable streams from low-water mark to low-water mark. The General Assembly further finds that the public retained the aforementioned right even where private title to beds of navigable streams originates from a valid grant, but, in such cases, the public's right is limited to entering upon such stream beds held by valid grant only when incidental to passage and when actively hunting and fishing. (2) Nothing contained in this subsection shall be construed to permit entry upon privately owned land adjacent to navigable streams."
House Bill 1172 passed the full House and passed the full Senate with a vote of 34-18. It will now move to the Governor's desk for signature. Senate Bill 542 passed the full Senate, but did not receive a vote from the House Judiciary Committee.
The Georgia Conservancy supports the passage Senate Bill 542 due to the measure’s strong support of boating, hunting and fishing rights, and we request that House Bill 1172 be amended to mirror language found in Senate Bill 542.
House Study Committee on Navigable Streams – House Resolution 1554
House Resolution 1554, sponsored by Rep. Lynn Smith (R-70) would establish a House Study Committee to evaluate issues surrounding navigable streams and potentially recommend legislative actions determining which streams, or parts of streams, are navigable in Georgia.
The Georgia Conservancy has a long history of promoting, supporting, and advocating for recreational boating on Georgia’s rivers and streams, and will keep a close watch on this committee's proposed actions.
House Resolution 1554 passed the full House with a vote of 167-0. As a study committee resolution, HR 1554 does not need to pass the Senate to be adopted.
The Georgia Conservancy supports this passage of HR 1554.
Senate Study Committee on the Preservation of Georgia's Farmlands - Senate Resolution 470
Senate Resolution 470, sponsored by Senator Billy Hickman (R-4), would create a Senate Study Committee on the Preservation of Georgia's Farmland.
In referring to the Georgia Conservancy's Georgia Now and Forever Initiative, which determined that "Georgia lost approximately 2.6 million acres of crop, hay, and pasture land from 1974 to 2016", the Senate Study Committee's established purpose would be to decide if "additional legislative measures may be necessary to give local communities the ability to protect Georgia's farmlands as a vital state resource and to slow the permanent conversion of this resource to other uses."
During last year’s Legislative Session, the Georgia General Assembly overwhelmingly passed the Georgia Farmland Conservation Act, Senate Bill 220, to offer farmland owners a financial incentive to conserve lands facing development pressure. The legislation was created by the Georgia Conservancy in concert with Representative Richard Dickey, Senator Russ Goodman, and the Department of Agriculture. (Learn more about the Georgia Farmland Conservation Program)
SR 470 passed the full Senate with a vote of 47-1. As a study committee resolution, SR 470 does not need to pass the House to be adopted.
The Georgia Conservancy supports this passage of SR 470
Revising Maximum Penalties for Surface Mining Violations - House Bill 436
House Bill 436, sponsored by Rep. John Corbett (R- 174), would increase the maximum criminal penalties for certain surface mining violations from $1,000 to $10,000.
Language from the bill states: "Any person who engages in surface mining in violation of this part or who willfully misrepresents any fact in any matter required by this part or willfully gives false information in any application or report required by this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $10,000.00 for each offense. Each day of noncompliance after notification shall be considered a separate offense."
House Bill 436 passed the House last session and passed in the Senate Committee on Natural Resources and the Environment during the 2024 Session. However, it did not receive a vote by the full Senate.
The Georgia Conservancy supports the passage of House Bill 436.
Issuance of Water Permits to Private Companies – House Bill 1146
House Bill 1146, sponsored by Rep. Ron Stephens (R-164), would require Georgia EPD to issue water permits to private water suppliers in Coastal Georgia to provide or expand potable water supply services and facilities within the service area of a local government or utility without their concurrence if the local agency cannot provide water supply to the area in question within 18 months.
This measure only applies to water service and not to sanitary sewer service. Without sanitary sewer service, the provision of water leads to sprawling subdivisions due to the limitations on residential density required by septic systems.
We believe that House Bill 1146 incentivizes the development of decentralized, small private systems, contrary to the Coastal Georgia Plan to Manage Saltwater Intrusion, and contrary to the regional approach of the Georgia Coastal Regional Water Plan. A proliferation of small water systems will have an uncontrolled, cumulative impact on saltwater intrusion in the Floridan Aquifer, which could be significant.
Local governments and utilities plan for water and sewer supply capital improvements and expansion of services over many years and build their economic proformas based on the future provision of services and future customer base. The idea that a local government or utility can serve a new development within 18 months, just because the request was made demonstrates a fundamental misunderstanding of how large utility systems operate. Additionally, if private utilities are allowed to invade a local government or utility service area based on this timeframe, then this could affect the master plan, the rate structure, and the bond repayment schedules that are based on the pro forma of that utility system.
As written, House Bill 1146 would fundamentally erode a local government’s ability to plan for and direct growth through the provision of utility services. Furthermore, it runs contrary to the purpose of Service Delivery Strategy rules (Chapter 70 1 of Title 36) that require local governments to assign responsibility for the provision of utility services.
House Bill 1146 passed the full House and passed the full Senate on Sine Die with a vote of 32-22. It will now move to the Governor's desk for signature.
The Georgia Conservancy opposes HB 1146 due to its negative impact on local government’s ability to plan regionally for water and sewer supply and the development that would be served by those utilities.
Georgia Conservancy Advocacy Program
For a statewide nonprofit organization, there are more barriers than incentives to including an Advocacy Program in its mission and work.
Advocacy work is difficult to resource. It takes a special disposition to balance various relationships with elected officials and between partners, and an interest not only in policy but also in politics, process, and strategy.
Last year’s session demonstrated again why the investment in an effective and engaged Advocacy Program at the Georgia Conservancy is so important – it’s necessary!
Please consider a tax-deductible donation to the Georgia Conservancy. We couldn't do this important work without you!
House and Senate Committees
The Conservancy works closely with members of the Senate Committee on Natural Resources and the Environment, House Committee on Natural Resources and the Environment, House Committee on Game, Fish and Parks, and the House Committee on Ways and Means. Bills that originate in these committees often have the greatest impact on Georgia's natural environment.
Please advocate for sound environmental policies that benefit all of Georgia by reaching out to your elected officials. This is our Georgia.
QUESTIONS?
Please contact Georgia Conservancy Communication Director Brian Foster at bfoster@gaconservancy.org with any questions regarding the 2024 Legislative Session.
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