 5/6/2010 - final legislative update
Big wins on water, transportation, highlight 2010 legislative session
By Will Wingate, Georgia Conservancy's VP of Advocacy
The 2010 legislative session, which came to an end on April 29, proved to be one of the best ever for the Georgia Conservancy.
Our advocacy team played a key role in the passage of the Water Stewardship Act of 2010, a landmark water conservation bill that is the strongest in the nation. And we succeeded in holding mass transit funding provisions in a sweeping "T-SPLOST" transportation bill that was four years in the making.
Some of our sweetest victories were the block-and-tackle moves of our "No Rollbacks" defense. We fought back a proposal to weaken buffers on our coastal marshlands and other waterways, and we defeated a measure that would have let billboard operators cut down trees.
How did we do it all?
Our team focused on building key relationships last summer and fall, a move that paid huge dividends during the session. And as our focus as an organization shifts to policy research and advocacy, we cannot stress the importance of your calls, emails, and visits to elected officials over the past year. Your efforts greatly influenced our ability to get things done at the state capitol.
Now, some details on what was a defining year for the conservation community under the Gold Dome.
Win: The nation's most progressive water conservation measure
You could argue that the first impact of the Water Stewardship Act of 2010 was a release of tension between Alabama, Florida and Georgia in the decades-long conflict over our shared river basins.
Georgia citizens will feel more change this summer - a permanent statewide restriction on outdoor watering between 10 a.m. and 4 p.m., when evaporation is greatest.
Some businesses, including golf courses and farms, are exempt. The measure also mandates the installation of high efficiency toilets and shower heads in all new construction, and requires new apartment buildings and retail centers to charge each tenant for their individual water usage - a step we believe will cause customers to reduce the amount of water they use.
Perhaps most importantly, the legislation sends a strong message to Congress and our neighbors that Georgia is serious about water conservation - a critical step as leaders take another crack at compromise over usage of water from Lake Lanier and the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa river basins. It's not a perfect piece of legislation.
We would have preferred that it also include language to regulate the transfer of water from one river basin to another - so-called "interbasin transfers" (IBTs).
But it's a strong first step that puts Georgia on the path to a more sustainable future.
Win: Transit funding
After years of handcuffing transit in metro Atlanta, the legislature this year finally passed House Bill 277 to increase funding for trains and buses.
More transit options mean fewer cars on our roads polluting the air. The bill allows Georgians to vote, by region, to levy a new penny sales tax to fund regional transportation projects.
The Georgia Conservancy fought hard to ensure that mass transit projects could be funded by the tax. A roundtable of local officials in each region will draft a list of specific projects for the ballot, with a vote coming as early as 2012.
The bill also temporarily lifts restrictions on how MARTA spends its own sales tax money, a move that will enable the cash-strapped transit system to avoid some of the significant service cuts planned for July.
Budget: A mixed bag
The recession-battered economy forced the General Assembly to make drastic cuts to the state budget. But the Georgia Conservancy was successful in finding funds for several departments and services that were under threat.
First, the good news: lawmakers approved $25 million for land conservation grants and loans. We hope this money will be used to purchase sensitive properties that are currently leased on a yearly basis for outdoor recreation.The state Department of Natural Resources (DNR) received over $13.5 million in bonds for construction, repairs, and renovations at our state parks. DNR also received almost $6 million in bonds for new vehicles and sorely-needed communications equipment.
However, lawmakers dramatically cut loan money that had been available for local governments to repair and construct infrastructure and economic development projects.
At least half of the Georgia Environment Facilities Authority's "Georgia Fund" loan portfolio will be sold on Wall Street and profits will be uploaded to the state treasury in an effort to plug the growing budget deficit. As a result, GEFA's lending capacity will be significantly handicapped for the next 20 years, and the maximum loan size available to local governments is capped at $3 million.
Other matters:
After years of work, we passed House Bill 207, which prohibits the riding of ATV's in our rivers. We passed language that will restrict the sale of freshwater turtles for food consumption overseas, and language that expands the Youth Conservation Corps mission to include assisting in residential home weatherization.
We played a supporting role in the passage of House Bill 1388, which allows for property-assessed clean energy (PACE) bonds where proceeds are lent to residential and commercial property owners for water and energy efficiency improvements or renewable energy projects.
PACE bonds could be repaid via an annual assessment on the property tax bill.
Back to the drawing board: 2011
While we have many successes to celebrate, there were issues left on the table that we must face next year. For example, the General Assembly failed to pass our River Basin Protection Act, which was signed by over 65 state representatives and more than 25 state senators.
During the final weeks of the session, this language - which would create a tighter, consistent process for evaluating new interbasin transfers (IBTs), was added to Senate Bill 442 and passed out of the House Natural Resources Committee. However, neither bill made it to the House or Senate floor for a full vote. We have strong commitments from the Republican leadership that this issue will be addressed over the next year, and we will hold them accountable for a vote in 2011.
Will Wingate
wwingate@gaconservancy.org
_________________________________________________________________________________
4/22/10 - legislative update #8
This is legislative update #8 from the Georgia Conservancy's advocacy team, led by Will Wingate, Vice President of Advocacy & Land Conservation. With two legislative days left, the 2010 Georgia General Assembly will gavel to a close on Thursday the 29th, one day before the end of qualifying for the November general election, and after four grueling months of budget negotiations. This week, we saw movement on interbasin transfer (IBT) regulation, and a transportation funding bill finally passed both chambers. Read on...
WATER -
Senate Bill 442
On Tuesday, the House Natural Resources Committee voted to amend Senate Bill 442, sponsored by Sen. Dan Weber (R-Dunwoody), with language that would require the director of Georgia's Environmental Protection Division to use a set of criteria (as defined by in the State Water Plan) when evaluating any new interbasin transfers. This measure will add a level of scrutiny going forward before water is removed from or added into another river basin, which would protect the economic interests of headwater and downstream communities alike. SB 442 sits in the House Rules Committee awaiting a possible floor vote next week.
TRANSPORTATION -
House Bill 277
House Bill 277, the "Georgia 2020 Transportation Act," passed the House (141-29) and Senate (43-8) last night by wide margins. HB 277 was introduced during the 2009 legislative session by then-Rep. Vance Smith (R-Pine Mountain), and was picked up again last month by the joint House-Senate conference committee after Gov. Perdue threatened to veto his own bill, the "Transportation Investment Act of 2010." HB 277 would authorize regional transportation "special purpose local option sales tax" (T-SPLOST) referendums in 2012 to fund local transportation projects. The T-SPLOST structure proposed in HB 277 is a one percent sales tax over ten years. The bill was amended to lift restrictions for three years on how MARTA utilizes its revenues from sales taxes, freeing up millions for operations. The bill also gives MARTA limited access to regional SPLOST funds for new infrastructure and operations for new MARTA projects only. HB 277 does not include the controversial county opt-out provision, but does allow regional leaders to decline holding a 2012 referendum altogether.
ENERGY -
Senate Resolution 1231
On Tuesday, Senate Resolution 1231, sponsored by Sen. Ronnie Chance (R-Tyrone), passed the House Committee on State Institutions & Property. SR 1231 is a constitutional amendment to allow the state to enter into "energy performance contracts," which is a method of financing energy efficiency and water improvement projects at state buildings through the cost savings resulting from the improvements. Not only would SR 1231 be a money saver, energy saver and water saver for the state, but it could also generate up to $212 million in projects for under or unemployed workers.
BUDGET -
House Bill 244
House Bill 244, sponsored by Rep. Jimmy Pruett (R-Eastman), passed the Senate last Wednesday. A leftover bill from the 2009 legislative session, HB 244 was gutted in the Senate Rules committee earlier this year to include language authorizing the Georgia Environment Facilities Authority to sell (securitize) its "Georgia Fund" borrowing program to private investors, and transfer the proceeds of the sale to the state treasury. Legislatures are scrambling to balance the state budget, a requirement of the Constitution. The Georgia Fund helps small, non-rated local governments finance water and sewer projects, land conservation, recycling and solid waste projects. After paying Wall Street's fees, Gov. Perdue estimates the securitization will net $290 million cash, and has included that amount in the FY2011 revenue estimate.
This securitization could handicap the Georgia Fund's ability to make future loans to such an extent that small communities will have no place to go to borrow money. We partnered with ACCG, GMA, the Georgia Association of Water Professionals, and other conservation advocates to try to prevent the fire sale of the Georgia Fund.
LEGISLATIVE CALENDAR -
Tuesday, April 27th is day 39. Thursday, April 29th is day 40. Please direct inquiries about this update to Allie Kelly (akelly@gaconservancy.org) and Will Wingate (wwingate@gaconservancy.org). The Georgia Conservancy is also looking for volunteer advocates. Only two days left to "take a day off for the environment!"
3/29/2010 - Week Seven update
This is legislative update #7 from the Georgia Conservancy's advocacy team, led by Will Wingate, Vice President of Advocacy & Land Conservation. Friday was "Crossover Day," typically the busiest day of the legislative session because it is the deadline for any bill to pass from one chamber to the other in order to stay eligible for final passage this year.
WATER
Senate Bill 486
Sponsored by Senate Natural Resources chairman Ross Tolleson (R-Perry), Senate Bill 486 would have manipulated the appeals process for permits issued by the state Environmental Protection Division, Shore Protection Committee and the Coastal Marshlands Protection Committee. Permit appeals, by citizen or business groups, go before an "administrative law judge" for resolution.
SB 486 would have given more weight, or "deference," to the lay opinion of any employee of these state divisions, regardless of their training, expertise or technical background. Sen. Seth Harp (R-Midland) helped stall SB 486 on Crossover Day. Because it did not pass out of the Senate, the bill is dead for the year.
TRANSPORTATION
House Bill 1218
The Governor's "Transportation Investment Act of 2010," sponsored by Rep. Jim Cole (R-Forsyth),was amended in committee to include an "opt out" provision for counties whose commissioners voted against participating in a regional transportation SPLOST. Because Gov. Perdue threatened to veto House Bill 1218 over the opt-out addition, it was abandoned on Crossover Day and is dead for the year.
The joint House-Senate conference committee has gone back to the drawing board for the third consecutive year to find a new solution that could pass both chambers and be signed by the governor.
ENERGY
Senate Resolution 1231
Senate Resolution 1231, sponsored by Sen. Ronnie Chance (R-Tyrone), is a constitutional amendment to allow the state to enter into "energy performance contracts," which is a method of financing energy efficiency and water improvement projects at state buildings through the cost savings resulting from the improvements. Not only would SR 1231 be a money saver, energy saver and water saver for the state, but it could also generate up to $212 million in projects for under or unemployed workers. Has passed the Senate, now moves to the House.
BUDGET
We continue to track the Governor's proposal to sell (securitize) more than half of the Georgia Environmental Facilities Authority's (GEFA) borrowing program to private investors. The program, called the Georgia Fund, helps small, non-rated local governments finance water and sewer projects, land conservation, recycling and solid waste projects. After paying Wall Street's fees, Gov. Perdue estimates the securitization will net $290 million cash, and has included that amount in the FY2011 revenue estimate.
We are partnering with ACCG, GMA, the Georgia Association of Water Professionals, and other conservation advocates to track over 20 bills that could be vehicles for language to authorize the "uploading" of the $290M from GEFA to the state's general treasury.
NO ROLLBACKS
Senate Bill 321
Sponsored by Sen. Chip Pearson (R-Dawsonville), Senate Bill 321 would sell off public water supplies for private gain. Has passed the Senate, now moves to the House.
House Bill 406
Sponsored by Rep. Mike Coan (R-Lawrenceville), House Bill 406 would limit the use of "intergovernmental service agreements," which are used by local governments and utilities for financing infrastructure projects, including water system improvements. Passed the House in 2009; eligible for floor action in the Senate at any time.
Please direct inquiries about this update to Allie Kelly (akelly@gaconservancy.org) and Will Wingate (wwingate@gaconservancy.org). The Georgia Conservancy is also looking for volunteer advocates. There are only a couple of weeks left to "take a day off for the environment!"
2/12/2010 - Week Four update
This is legislative update #4 from the Georgia Conservancy's advocacy team, led by Will Wingate, Vice President of Advocacy & Land Conservation.
WATER
Senate Bill 370
House Bill 1094
These identical bills are commonly known as the Governor's Water Bills. The Senate Natural Resources Committee held a hearing on SB 370 on Wednesday, and HB 1094 was heard in a subcommittee of the House Natural Resources Committee early Thursday. The Georgia Conservancy, along with members of the Georgia Water Coalition, support these bills.There is agreement with the business community that we must have legislation passed this session that creates the "Culture of Conservation" outlined by Governor Perdue and the members of the Governor's Water Contingency Planning Task Force. Expect the bills to come to a vote in committee next week with some minor changes being made.
Senate Bill 321
Sen. Chip Pearson (R-Dawsonville) introduced SB 321, which would strip away some environmental protections for public-private reservoirs.We are working to defeat this bill. Expect a hearing in the Senate Natural Resources Committee next week.
TRANSPORTATION
Governor Perdue outlined his major transportation funding bill in a press conference on Thursday.The bill, which we expect to be introduced next week, would divide the state into 12 transportation regions. Each region would hold a vote on an eight-year, one percent sales tax to fund local transportation projects approved by the Department of Transportation's director of planning.The vote, or "referendum," would take place during the 2012 presidential primary.The actual legislation will be introduced next week.
BUDGET
House Bill 947
HB 947 is the Amended FY 2010 budget, known as the Supplemental budget.House lawmakers on Thursday passedHB 947, cutting almost $1 billion from last year's budget.The Department of Natural Resources sustained an additional five percent cut, with over $125,000 cut in game management alone.This cut could mean closures of popular Wildlife Management Areas.We will fight to restore this funding in the Senate. Please direct inquiries about this update to Allie Kelly and Will Wingate. The Georgia Conservancy is also looking for volunteer advocates - mark your calendars now for "Transit Lobby Day" next Thursday, February 18th.
2/5/2010 - Week Three update
This is legislative update #3 from the Georgia Conservancy's advocacy team, led by Will Wingate, Vice President of Advocacy & Land Conservation.
The state budget continues to dominate the 2010 General Assembly. It seems no department or agency is immune from the cuts. On a positive note, the Department of Natural Resources did receive a recommendation for over $20 million in bonds for new communications equipment, new vehicles, repairs and maintenance, and new construction. We will advocate for these funds to remain in the budget throughout the legislative process.
WATER - Gov. Perdue introduced his comprehensive water conservation package in identical bills in the state Senate and House, Senate Bill 370 and House Bill 1094. Perdue has called for a "culture of conservation," and his legislation would require most state agencies to promulgate rules and regulations to incentivize water saving measures. In terms of conservation mandates, the legislation would require that new construction of multi-family dwellings and commercial buildings be equipped with "sub meters" that show actual water usage by tenant. It would also require that low-flow fixtures be installed in new construction. Both mandates apply to new construction after July 01, 2012, which is the enforcement date of Judge Magnuson's ruling on metro Atlanta's use of Lake Lanier for drinking water purposes. The bills also would require that local utilities perform updated leakage audits to determine the amount of water lost to leaks in the system each year.
House Bill 1039, sponsored by Rep. Debbie Buckner (D-Junction City), would restrict personal outdoor watering between 10:00 a.m. and 6:00 p.m., the hours of the highest rates of evaporation. Agriculture and the green industry would be exempted. Look for more water conservation proposals to surface in the next week, including a Republican version of outdoor watering scheduling legislation. And remember to sign our IBT petition at www.nowatergrabs.com.
We continue to gather information about Gov. Perdue's proposal to sell (securitize) some $350 to $400 million in outstanding loans from the Georgia Environmental Facilities Authority's (GEFA) borrowing program to private investors. After paying Wall Street's fees, Gov. Perdue estimates that $290 million cash will remain and would be transferred to the state treasury, to help fill the budget hole. GEFA's program is of particular importance to small, non-rated local governments who need help financing water and sewer projects, land conservation, recycling and solid waste projects.
TRANSPORTATION
State Democratic leaders introduced their transportation funding plan, which would allow regional transportation "special purpose local option sales tax" (T-SPLOST) referendums. It would also dedicate a portion of the state sales tax on gasoline to any transportation purpose, including mass transit projects. The Governor's transportation legislation still has not been filed.
Please direct inquiries about this update to Allie Kelly (akelly@gaconservancy.org) and Will Wingate (wwingate@gaconservancy.org). The Georgia Conservancy is also looking for volunteer advocates - mark your calendars now for "Transit Lobby Day" on February 18th.
1/28/2010 - Week Two update
This is the 2nd legislative update from the Georgia Conservancy's advocacy team, led by Will Wingate, Vice President of Advocacy & Land Conservation.
The General Assembly was out of session last week to observe the Martin Luther King, Jr. holiday, and to hold budget meetings. The state legislature reconvened this Monday through Thursday for legislative days 5 - 8. Due in part to legislators' focus on the state budget, we have seen little to no movement on the bills and issues we began tracking last week.
WATER
- Gov. Perdue has yet to introduce his comprehensive legislative package on water conservation.We expect a bill early next week.
- Senate Bill 311, sponsored by Sen. David Shafer (R-Duluth), would require water utilities to report the amount of leakage in their system.Once the report has been made to the state Environmental Protection Division, any utility within the same river basin may have the opportunity to fix the leaks of other utilities and receive credits for the water saved.
- House Bill 895, sponsored by Rep. Debbie Buckner (D-Junction City), would regulate new "interbasin transfers" (IBTs) of water from one river basin or watershed to another. Several IBT proposals are in the works, and we expect a bi-partisan IBT bill to be introduced shortly. Remember to sign our IBT petition at www.nowatergrabs.com.
- We continue to gather information about Gov. Perdue's proposal to sell (securitize) some $500 million in outstanding loans from the Georgia Environmental Facilities Authority's (GEFA) borrowing program to private investors. After paying Wall Street's fees, Gov. Perdue estimates that $290 of the $500 million will remain and would be transferred to the state treasury, to help fill the budget hole. GEFA's program is of particular importance to small, non-rated local governments who need help financing water and sewer projects, land conservation, recycling and solid waste projects.
TRANSPORTATION
- We are also waiting to see Gov. Perdue's transportation funding proposal, which we understand would allow regions of the state, as defined by Regional Development Center lines, to vote on a "transportation special purpose option sales tax," or T-SPLOST. The list of proposed projects to be voted on would be recommended by Todd Long, the new Transportation Director of the Department of Transportation.Expect changes as the proposal makes its way through the House and Senate.
Please direct inquiries about this update to Allie Kelly (akelly@gaconservancy.org) and Will Wingate (wwingate@gaconservancy.org). The Georgia Conservancy is also looking for volunteer advocates - mark your calendars now for "Transit Lobby Day" on February 18th.
1/25/2010 - No Water Grabs - UPDATED - sign here!
Protect Your River from Harmful Water Grabs
Problem: Each day in Georgia, millions of gallons of water are taken from our rivers, and the communities that depend upon them, through a process known as "interbasin transfers." Water is removed from one river, piped to communities along another river and never returned.
The Governor's Water Contingency Task Force recently considered expanding Georgia's interbasin transfer pipeline in a misguided attempt to meet the water needs of Metro Atlanta should Lake Lanier no longer be available. Specifically, the task force considered measures that include a transfer of 50 MGD from North Georgia's Lake Burton and the Tallulah River, 100 MGD from Lake Hartwell on the Savannah River, 200 MGD from the Tennessee River, and 200 MGD from South Georgia wells.
While not all water transfers are bad, Georgians remain at risk of having these important decisions made because of politics, not science.
We need common sense laws regulating interbasin transfers. Outside of Metro Atlanta, the Georgia Environmental Protection Division only need issue a press release before allowing the piping of millions of gallons from our rivers.
Solution: Georgia needs to enact legal protections governing interbasin transfers for our rivers that will safeguard the economic future of all Georgia communities.
Action Needed: Your state legislators and Gov. Perdue need to hear from you now! Sign our online petition so our elected officials know that the voters want them to act during the 2010 Georgia General Assembly. (From Georgia Water Coalition's "No Water Grabs" website.
I, The Undersigned, urge Gov. Sonny Perdue and the Georgia General Assembly to adopt, during the 2010 legislative session, laws requiring Georgia's Environmental Protection Division to require any current and future interbasin transfers of water to be done in a manner that protects our natural resources and our economic future.
<a href="http://www.nowatergrabs.com/form/view.php?id=1" mce_href="http://www.nowatergrabs.com/form/view.php?id=1" title=""></a>
1/20/2010 - Week One update
Welcome to the first legislative update from the Georgia Conservancy’s advocacy team, led by Will Wingate, Vice President of Advocacy & Land Conservation.
The 2010 legislative session began last Monday, January 11th, with the election of Rep. David Ralston (R-Blue Ridge) as House Speaker and Rep. Jan Jones (R-Johns Creek) as Speaker Pro Tem.
On Tuesday, Governor Sonny Perdue stated in a press briefing that he was committed to working out a solution to the tri-state water wars, but if necessary, he was willing to call a special legislative session. The environmental community has recently raised concerns about Judge Magnuson granting the states the ability to keep negotiations secret.
On Thursday, Gov. Perdue outlined his two-part proposal for transportation improvements:
- $300 million in general obligation bonds in the FY11 budget, which the Governor recommended be repaid through the general fund instead of the motor fuels sales tax. This would allow the funds to be spent on rail and bus projects, in addition to roads and bridges.
- Allow voters to decide on a one-cent regional transportation tax (TSPLOST) in 2012.
Regional transportation districts would mirror the 12 regional development commission districts. At the polls, voters would be presented with a list of projects agreed on by local governments and the new Georgia DOT Director of Planning. The one-cent T-SPLOST would only be enacted in districts where it garnered the majority of the vote.
On Friday, the Governor’s amended FY10 and FY11 budgets were made publicly available. While most state agencies face an additional eight to nine percent cut and some face additional furlough days, the Department of Natural Resources (DNR) only faces four to five percent cut in the current fiscal year. The FY11 budget includes an additional three percent cut for DNR. The Environmental Protection Division’s (EPD) major cuts would come from replacing state funds with other funds for fuel testing, TMDLs, and the state water plan, in addition to eliminating 14 vacant positions and contract funds for the Clean Air Campaign and Clean Cities. Parks, Recreation and Historic Sites would see a reduction in funds for new construction of state parks’ cabins. Wildlife Resources Division would see the elimination of 17 vacant and one filled positions.
Also noteworthy is the Governor’s proposal to sell (securitize) some $450 million in outstanding loans from the Georgia Environmental Facilities Authority’s (GEFA) borrowing program to private investors. GEFA’s program is of particular importance to small, non-rated local governments who need help financing water and sewer projects, land conservation, recycling and solid waste projects.
Also on Friday, Speaker Ralston released the Committee Leadership make-up:
• Rep. Bill Hembree - Rules Chairman (previously Earl Ehrhart)
• Rep. Wendell Willard - Rules Vice-Chairman (previously John Lunsford)
• Rep. Earl Ehrhart - Appropriations Higher Education Vice-Chairman (previously Bob Smith)
• Rep. Terry England - Appropriations Education Vice-Chairman (previously Ed Lindsey)
• Rep. Penny Houston - Appropriations Human Services Vice-Chairman (previously Mark Butler)
• Rep. Doug Collins - Appropriations Secretary (previously Richard Smith)
• Rep. Len Walker - Higher Education Chairman (previously Bill Hembree)
• Rep. John Meadows - Insurance Chairman (previously Tom Knox)
• Rep. Mark Hamilton - Governmental Affairs Chairman (previously Austin Scott)
• Rep. Tim Bearden - Governmental Affairs Vice-Chairman (previously John Meadows)
• Rep. Richard Smith - Budget & Fiscal Affairs Oversight Chairman (previously Penny Houston)
• Rep. Clay Cox - Human Relations Chairman (previously Len Walker)
• Rep. Mark Williams - Game, Fish, & Parks Vice-Chairman (previously Cecily Hill)
• Rep. John Lunsford - Special Committee on Small Business Development Chairman (new committee)
• Rep. Stephen Allison - Judiciary Secretary (previously Mike Jacobs)
• Rep. Mike Jacobs - Judiciary Vice-Chairman (previously David Ralston)
Updates on new legislation will be included in next weeks’ legislative update.
Please direct inquiries about this update to Allie Kelly (akelly@gaconservancy.org) and Will Wingate (wwingate@gaconservancy.org). The Georgia Conservancy is also looking for volunteer advocates – mark your calendars now for “Transit Lobby Day” on February 18th. |
