2021 Legislative Session Recap
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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The 2021 Legislative Session of the Georgia General Assembly adjourned Sine Die, Wednesday, March 31. Governor Brian Kemp has 40 days from the time the General Assembly adjourns to sign or veto legislation. Check here for Governor Kemp’s signed legislation for the 2021 Session - https://gov.georgia.gov/2021-signed-legislation
The 2021 Legislative Session was the first of the two-year term, meaning that legislation that did not come up for a vote or receive final passage will be eligible for consideration in the 2022 Legislative Session, which will convene on January 10, 2022.
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.
Before the 2021 session began, we made the passage of a number of measures a priority for our team, including amending Georgia Outdoor Stewardship Program allocations in the FY21 budget, creating a Carbon Sequestration Registry, and establishing requirements for dedicated fees. Bills that successfully addressed these priorities passed the General Assembly and were signed by the Governor.
Other priority legislation of the Georgia Conservancy, such as the re-authorization of the Georgia Land Conservation Tax Credit, was introduced during the session and did not pass. Fortunately, these measures will move forward into the 2022 Legislative Session for consideration.
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The following is legislation that the Georgia Conservancy focused on during the 2021 Legislative Session and that ultimately PASSED both chambers and moved to the Governor's desk for signature.
Dedicated Fee Requirements - House Bill 511
House Bill 511 ensures that fees collected by the state for a specific trust fund are truly dedicated to their intended purpose. Last year, a constitutional amendment (Amendment 1) was approved by 82% of Georgia voters that allowed the state to establish rules and conditions ensuring a true dedication of fees. HB 511 achieves that - receiving the support of the Georgia Conservancy. The legislation will have a significant bearing on trust funds such as the solid and hazardous waste funds, which for years have had dollars diverted from the environmentally important programs. The bill also establishes additional conditions around the dedication of funds to the newly-established Georgia Outdoor Stewardship Program (more info about GOSP below).
Georgia Carbon Sequestration Registry - House Bill 355
A measure with strong support from the Georgia Conservancy, House Bill 355 establishes a carbon registry in Georgia, enabling the creation and tracking of carbon credits that can be accrued and then sold by developers to companies looking to offset their carbon footprint. The registry includes carbon credits for the use of sustainable building products, such as CO2-infused concrete, mass timber, carbon-neutral flooring, and all wood products, in statewide construction projects. Housed at the State Forestry Commission, the registry allows for the verification of structures by an independent third-party so as to determine the number of credits issued to the developer. Participation in the registry would be voluntary. The measure also establishes a Sustainable Building Material Carbon Sequestration Technical Advisory Committee.
Conveyance of Heritage Preserve Properties - House Bill 619
A bill of concern for the Georgia Conservancy, House Bill 619, allows for the removal of Heritage Preserve Designation from approximately 8 acres of land at Paradise Public Fishing Area in Enigma, Georgia.
The Georgia Heritage Trust Program, established by the Heritage Trust Act of 1975, identified, acquired and protected “heritage areas” in Georgia that exhibited “unique natural characteristics, special historical significance, or particular recreational values.”
State law currently defines the only allowed recipients of such fee simple titles as a willing county or local government.
HB 619 adds “private entity” to this list, with “private entity” being defined as “any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity." Restrictions applied to the property would include a perpetual conservation easement.
Additionally, the legislation requires a written request for heritage designation removal from DNR to the Georgia Department of Natural Resources Board, subject to a conservation easement from the State of Georgia that is consistent with defined conservation values and approval by the Governor. After a public hearing, the board would make a determination that the transferal to a private entity is in the best interest of the state.
The Georgia Conservancy is concerned that House Bill 619 sets a very broad definition for a private entity and establishes a procedure that we fear could be used for future transferals of Heritage Preserve Designated properties to such entities.
Prohibitions on Local Energy Choice Regulations - House Bill 150
House Bill 150 bans governmental entities from prohibiting the connection or reconnection of any public utility based upon the type of fuel or energy source. This legislation has the potential to hinder innovation at the local level to address climate change. The Georgia Conservancy opposed HB 150, as we support local communities' authority to explore their own solutions in the expansion and adoption of alternative energy sources.
Flood Risk Reduction as County Tax Purpose - House Bill 244
House Bill 244 authorizes the use of insurance premium tax revenue for flood risk reduction policies or projects to be implemented in unincorporated areas of counties that are prone to experiencing floods. Such policies or projects may include but are not limited to, the creation of flood risk management strategies and plans, installation of stormwater management infrastructure and acquisition of high-risk properties. Currently, these funds can also be used for police and fire protection, solid waste collection, and curbs, sidewalks and street lights. The Georgia Conservancy supports additional funding for flood risk management which is especially important in our coastal counties that are already experiencing the detrimental effects of sea level rise.
Urging Congress to Pass The Recovering America's Wildlife Act - House Resolution 183
The Georgia Conservancy supported House Resolution 183, a joint resolution urging the U.S. Congress to pass the Recovering America's Wildlife Act. The Act would amend the Pittman-Robertson Wildlife Restoration Act to make supplemental funds available for management of fish and wildlife species of greatest conservation need as determined by State fish and wildlife agencies, and for other purposes.
Reauthorizing the House Rural Development Council - House Resolution 185
House Resolution 185 reauthorized the House Rural Development Council, originally established in 2017. The Georgia Conservancy will continue to monitor the Council as they meet in the summer and fall months. We hope to contribute expertise, especially as it relates to the Georgia Conservancy’s Georgia Now and Forever Initiative, and act as a trusted advisor as this group studies the challenges that rural Georgia faces and the opportunities for enhanced opportunities across the state.
The following is legislation that the Georgia Conservancy focused on during the 2021 Legislative Session that DID NOT PASS but will be eligible to be taken up during the 2022 Legislative Session.
Land Conservation Tax Credit Re-authorization -House Bill 477
Strongly supported by the Georgia Conservancy, House Bill 477 sought to reauthorize the tax credit on a landowner's qualified conservation donation of real property until December 31, 2026. The current land conservation tax credit is set to expire on December 31, 2021.
The Georgia Conservation Tax Credit (GCTC) is essential to land conservation in our state. The tax incentive has supported permanent conservation of critical lands and habitats. This renewal legislation is also important as a succinct statement of Georgia’s conservation values and priorities that informs many aspects of the essential work of land trusts. Click here to learn more about the importance of the GCTC.
Because this is the first year of a two-year session, HB 477 will remain eligible for consideration in the 2022 legislative session. The Georgia Conservancy will work tirelessly to ensure its passage next year. We will work with partners over the interim to ensure full utilization of the program, which sunsets on December 31, 2021. We will also explore an appropriately-sized annual cap, and will work on the efficiency of the program with the goal of reinstating the tax credit in the 2022 Legislative Session.
The bill’s stagnation gives rise to several pertinent questions of language and time-related technicalities, particularly involving the program’s sunsetting on December 31, 2021. We will be exploring the implications of these details and keep you informed of our progress.
Post-Closure Care of Coal Ash Surface Impoundments - House Bill 647
A measure supported by the Georgia Conservancy, House Bill 647 sought to codify existing state and federal rules that regulate the closure and post-closure care of coal combustion residual (CCR or coal ash) surface impoundments. Post-closure care would take place for a minimum of 50 years following completion of the closure. If passed, HB 647 would have required the Georgia Environmental Protection Division to conduct inspections at least annually during the closure and at least once every five years following the completion of the closure. This legislation also called for an executive summary to be included in groundwater monitoring reports on the solid waste handling facility’s website.
HB 647 is eligible to be reconsidered during the 2022 Legislative Session.
House Study Committee on Landfills - House Resolution 319
Supported by the Georgia Conservancy, House Resolution 319 sought to establish a House Study Committee to study the local siting of landfills, the public notification process, the maintenance and closure of landfills, and the creation of a database of current and past landfills in Georgia. HR 319 is eligible for consideration in the 2022 Legislative Session.
Georgia Environmental Justice Act of 2021 - House Bill 339
A measure supported by the Georgia Conservancy, House Bill 339 sought to create the Environmental Justice Commission - a 22 member board that would require applicants seeking certain development permits in neighborhoods consisting of persons of color or from low-income families first take certain actions to mitigate health hazards. The Commission would also be tasked to consider the disproportionate effect that environmental hazards from certain policies may have on these neighborhoods. The Commission would also "provide that no person in Georgia shall be excluded from any state-funded program or activity because of race, color, or national origin; to repeal conflicting laws." HB 339 is eligible to be reconsidered during next year's session.
Environmental Justice in Permitting - House Bill 431
Supported by the Georgia Conservancy, House Bill 431 sought to establish additional permit application requirements for new or expanded facilities in overburdened communities, including the preparation of an environmental justice impact statement, issuance of the environmental justice impact statement to the department and to the local government in which the community is located, and public hearings in the overburdened community. The legislation also sought to establish definitions related to pollution and environmental justice issues for the following: environmental or public health stressors, facility, limited English proficiency, low-income household, major source, overburdened community, and permit. HB 431 is eligible to be reconsidered during next year's session.
Ethylene Oxide Emissions & Facility Permitting Requirements - House Bill 3 and Senate Bill 180
Following legislation passed last year (Senate Bill 426), House Bill 3 and Senate Bill 180 sought further permit requirements for facilities that emit ethylene oxide. Recently, ethylene oxide, commonly used to sterilize medical equipment, has been linked to an uptick in cancer reports in communities near facilities that release the gas beyond state-permitted quantities.
The legislation sought to require facilities that release more than 50 pounds of ethylene oxide annually to allow the Georgia Environmental Protection Division to install monitoring equipment, and allow for the department to continuously monitor emissions and keep daily records for the term of the permit. Reports would be required to be available and updated twice a year on the EPD website. The legislation also sought to set further off-gassing requirements. Additionally, HB 3 and SB 180 would have required facilities emitting ethylene oxide to submit an ambient air monitoring plan.
As HB 3 and SB 180 are eligible to be reconsidered during the 2022 Legislative Session, the Georgia Conservancy will continue to evaluate the measures with our partners during the interim.
Lining Systems for Solid Waste Facilities - House Bill 176
House Bill 176 sought to require coal combustion residuals (CCR or coal ash) to be disposed of in solid waste facilities that, at a minimum, contain liners and leachate collection systems that meet or exceed the design standards for new municipal solid waste landfills. HB 176 will be eligible for consideration during the 2022 Legislative Session and the Georgia Conservancy will continue to work during the interim with community stakeholders and partners on the issue of "coal ash pond closure in place" as it relates to lined landfill facilities, as there are understandable concerns that many have around groundwater contamination in surrounding communities.
Other legislation that the Georgia Conservancy monitored during the legislative session that will be eligible for consideration next year include:
Regulations on Carry-Out Products in State Buildings - Senate Bill 224
Joint Committee on Sustainable Materials Management on State Properties - House Resolution 223
Prohibiting Restrictions on Solar Energy Device Installations - House Bill 483
Prohibiting the Retail Distribution of Plastic "Grocery" Bags - Senate Bill 104
The State of Georgia FY 21 Supplemental Budget and FY 22 Budget
The only action that the legislature is constitutionally mandated to complete is the passage of a balanced budget. This year’s 2022 budget was a little over $27.2 billion and passed the legislature in the late hours of Sine Die. The FY 2022 budget has been sent to the Governor for his signature.
Below are some budgetary items that the Georgia Conservancy continues to focus on and monitor.
Georgia Outdoor Stewardship Program (GOSP) - In the last week of the 2020 Legislative Session, close to $5 million was removed from the GOSP allocation in the FY 21 Budget. During the first weeks of the 2021 Session, the Georgia Conservancy worked with the GOSA Coalition, House and Senate Appropriations Committees, and DNR to restore $4,705,266 of GOSP funding in the FY 21 Amended Budget.
Through the General Appropriations Bill, House Bill 81, GOSP will receive FY 22 funding in the total of $20,705,266, enabling the program to provide grant and loan opportunities for land conservation, parks, trails, and outdoor recreation.
The Georgia Conservancy's Advocacy and Land Conservation programs continue to monitor Georgia Outdoor Stewardship Program activities. The second-year application period closed on October 16th, and projects have been selected and approved by the GOSP Board of Trustees and the DNR Board. The Senate Appropriation Committee and the House Appropriations Committee approved the slate of projects earlier in the session. These projects are now set to begin the final phase of the application process.
During the 2021 Session, House Bill 521 sought to allow the GOSP Board of Trustees to issue revenue bonds from the Georgia Outdoor Stewardship Trust Fund, while House Resolution 173 sought a constitutional amendment, which is required for this group to issue bonds. Neither measure came up for a vote. While revenue bonds have been discussed in the past as it relates to GOSP, the Georgia Outdoor Stewardship Coalition has not fully explored the process and implications to the existing program. We will work with Representative Marvin Lim, DNR, the GOSP Coalition, and other partners in the coming months to more fully explore these ideas.
Rural Broadband - $10 million in funds for the deployment of rural broadband were allocated in the FY 22 Budget, in addition to $20 million in the FY 21 Supplemental Budget.
An estimated 1.6 million Georgians lack access to vital high-speed internet service. Broadband has become essential infrastructure, in the 21st Century, to businesses, education, healthcare, agriculture and quality of life. Unfortunately, high-speed internet access remains out of reach for Georgians in many rural communities.
The Georgia Conservancy recognizes the importance of all actions that will allow for our small and rural communities to remain or become economically resilient and broadband access is vital in achieving this. Just like urban areas, the resilience of our small and rural Georgia areas relies on continued investment of people, infrastructure, education, healthcare, and economic opportunity. As with any infrastructure investment, the Georgia Conservancy understands the advancement and deployment of broadband access will have implications for development.
Supporting a Georgia where both people and the environment thrive, the Georgia Conservancy desires broadband investment that increases quality of life and will advocate for the thoughtful deployment of the technology such that downtown revitalization and efficient land development remains top of mind for long-term resilience in our state.
Other Items of Importance
Georgia Outdoor Recreation Program - Georgia's robust outdoor recreation assets benefit the conservation of our natural resources and bolster the health of communities large and small. During the interim, the Georgia Conservancy is working with partners in the Georgia Outdoor Recreation Coalition (GORC) and legislators to strengthen and expand our outdoor recreation infrastructure in the 2022 Legislative Session through thoughtful policies and programs. Learn more about GORC at www.gaoutdoors.org
During the 2021 Legislative Session, Senate Resolution 203 established the Senate Outdoor Learning Study Committee. The Georgia Conservancy and GORC will work with Senator Rahman and the Lt. Governor as appointees are made to the committee and meetings are held so as to advance the mission of the GORC.
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.
The 2021 Legislative 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 2021 Legislative Session.
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