2022 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 2022 Legislative Session of the Georgia General Assembly adjourned Sine Die, Monday, April 4. 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/2022-signed-legislation
The 2022 Legislative Session was the second year of the two-year term, meaning that legislation that did not come up for a vote or receive final passage will need to be introduced as new legislation during the 2021 Legislative Session, which will convene on January 9, 2023.
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.
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 2022 session began, we made the passage of a number of measures a priority for our team, including the re-authorization of the Georgia Conservation Tax Credit - which successfully passed the General Assembly and has now moved to the Governor’s desk.
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Learn more about the legislation that we were active in and monitored during the session below.
Re-authorization of the Georgia Conservation Tax Credit
The Georgia Conservation Tax Credit is one of the strongest mechanisms for land conservation in the state, providing landowners with an additional financial incentive to conserve critical acres of forest, wetlands, and working lands. In a state where more than 90% of land is privately held, this tax credit is a critical resource for safeguarding Georgia's environmental integrity.
Since the close of the 2021 Legislative Session, the Georgia Conservancy, along with our partners in the Association of Georgia Land Trusts (AGLT), have made the reinstatement of the Georgia Conservation Tax Credit (GCTC) a priority for this year’s session.
Strongly supported by the Georgia Conservancy, last year’s House Bill 477 sought to reauthorize the tax credit on a landowner's qualified conservation donation of real property until December 31, 2026. Due to last-minute additions to the bill, unrelated to the tax credit reauthorization, the measure was not passed and the current conservation tax credit expired on December 31, 2021.
However, the continuance of the tax credit remained popular at the State Capitol. Introduced late in the 2022 Legislative Session as an amendment to House Bill 586, sponsored by Rep. Sam Watson (and in the Senate by Sen. Steve Gooch), Section 2 of the bill sought to reinstate the Georgia Conservation Tax Credit with a beginning date of June 1, 2022 and a sunset date of December 31, 2026. Under this legislation, the aggregate amount of conservation tax credits could not exceed $4 million during the calendar year.
On April 1, 2022, House Bill 586 passed after receiving overwhelming support in the Senate and with its amendments agreed upon by the House. It was signed into law by Governor Brian Kemp on May 15. Click here to read our press release.
This is a significant victory for land conservation organizations, particularly non-profit land trusts. The GCTC offers landowners a financial incentive for protecting their lands, utilizing a state income tax credit. Protection can be achieved either through fee-simple donations to conservation organizations, or through conservation easements that place permanent restrictions on how the property can be used.
Critically, it promotes the conservation of land and natural resources without increasing the land management inventory of governmental agencies.
Examples of environmental resources protected by the tax credit include:
Water resources and wetlands
Natural habitats for wildlife and plants
Working lands, including agricultural lands and forests in production rotation
Outdoor recreation areas
Outdoor cultural heritage sites
The Georgia Conservation Tax Credit is essential to land conservation in our state, as the tax incentive has supported the permanent conservation of critical lands and habitats. The reinstatement of the GCTC is also important as a succinct statement of Georgia’s conservation values and priorities that inform many aspects of the essential work of land trusts.
In the coming years, Georgia Conservancy and AGLT will be working to promote the GCTC and encourage full utilization of the $4 million in credits allotted per year. AGLT will also be coordinating with various influencers, including the State Properties Commission, to propose improvements to the GCTC appraisal process.
The Georgia Conservancy and our partners in the Association of Georgia Land Trusts would like to thank Representative Sam Watson and Senator Steve Gooch for championing this legislation and for members of both the House and the Senate for supporting the Georgia Conservation Tax Credit.
Support for the Okefenokee
The 2022 Legislative Session saw two measures introduced in support of the Okefenokee National Wildlife Refuge.
The first was House Bill 1289, sponsored by Rep. Darlene Taylor (R-173), which sought to prohibit the Georgia Department of Environmental Protection (EPD) from issuing, modifying, or renewing any permit or accepting any bond to conduct surface mining activities on the geological formation known as Trail Ridge between the St. Marys and Satilla Rivers. It did not come up for a vote during the 2022 Legislative Session.
Beginning in late 2020, Alabama-based Twin Pines, LLC applied to the EPD for permits to surface mine on Trail Ridge near the southeastern boundary of the Okefenokee National Wildlife Refuge.
The Okefenokee is a federally-protected wilderness and a globally-significant wetland bordered by Trail Ridge. The ridge itself is a complex of hydrogeological settings—essentially a saturated sandhill. Forming an eastern barrier to the swamps and wetlands of the Okefenokee, Trail Ridge is not only ecologically important in and of itself, but also serves as scaffolding for the health of the Okefenokee.
During the session, HB 1289 did not have a hearing nor move out of the House Committee on Natural Resources and the Environment.
Learn more about our concerns regarding mining along Trail Ridge.
The second measure introduced in support of the Okefenokee was a non-binding House Resolution. HR 1158, sponsored by Rep. Darlene Taylor (R-173), was passed by the House with the chamber formally recognizing the importance of the Okefenokee Swamp in Georgia and encouraging efforts to protect the Okefenokee Swamp and promote it as an international tourist destination.
The Georgia Conservancy strongly supported the passage of both of these measures and will continue to advocate for the protection of the Okefenokee Swamp in the interim and future legislative sessions.
Coastal Marshlands Restoration Act
House Bill 748, sponsored by Rep. Jesse Petrea (R-166), sought to alter the process of determining the private title of coastal salt marsh in Georgia by way of crown grant or state grant. The bill, which was originally filed during the 2021 Legislative Session, had its first subcommittee hearing early in this year’s session. Though hearings were held, the measure did not come up for a vote.
The bill would allow for private parties who claim ownership of salt marsh through a centuries-old crown grant or state grant to present their evidence, or abstract of title, to the State Attorney General's office. Under HB 748, if the Attorney General fails to issue a determination within 60 days, then it is deemed an admission by the State that the petitioner has clear title, and the salt marsh in question would no longer belong to the State of Georgia and the public.
The vast majority of Georgia's nearly 400,000 acres of salt marsh are owned by the State of Georgia and are protected by the Georgia Coastal Marshlands Protection Act. The GCMPA has provided Georgia with consistent and "constant political and regulatory enforcement of marsh protection measures" for more than 50 years. Thanks to this enduring legislation, Georgia's expansive network of salt marsh is intact and remains one of the most protected ecosystems on the eastern seaboard.
House Bill 748 presented a number of issues relating to the continued protection of Georgia's salt marsh ecosystem. Of these, the Georgia Conservancy saw two key issues of concern:
Salt marshes are held by the State pursuant to the common law public trust doctrine. This legislation had the potential to disrupt a pillar of protection for these valuable coastlands by shifting the responsibility for proving ownership from the private parties to the Office of the Attorney General of Georgia.
Within Georgia's salt marsh lie numerous islands of uplands, known as marsh hammocks. Hammocks fall outside of GCMPA protection and would be vulnerable to development should they be transferred to private ownership.
House Bill 748 did not come up for a vote in the House Committee on Natural Resources and the Environment and did not pass the House before Crossover Day. Though this legislation did not move forward in 2022, there is the potential that a similar measure may be introduced during next year’s session.
The Georgia Conservancy was strongly opposed to the passage of House Bill 748 as it was written.
Hazardous Waste Trust Fund Extension and Dedication of Fees
House Bill 893, sponsored by Rep. Randy Nix (R-69), passed the Georgia General Assembly and will extend the sunset date on the state's Hazardous Waste Trust Fund by five years to July 1, 2027. The collection of fees that support the fund was currently set to expire on July 1 of this year.
During last year’s Legislative Session, House Bill 511 was passed, ensuring that the majority of fees collected by the state for a specific trust fund are truly dedicated to their intended purpose. The legislation has 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 into the State's general fund.
The Hazardous Waste Trust Fund is supported by monies collected from hazardous waste generators, solid waste tipping fees, and various fines for violations. The Fund, which is administered by the Georgia Environmental Protection Division, is used to remediate contaminated sites throughout the state. If the collection of fees were to sunset, the ability of local governments to fund the clean up of leaking landfills, as well as abandoned and contaminated properties, would be seriously hindered.
Though HB 511 constitutionally dedicated the majority of fees collected, it did not, however, dedicate all fees, including fines for violations. While HB 893 will extend the Fund and the collection of fees, currently not all dollars are ensured dedication to their intended purpose.
To compensate for this omission, House Bill 1421, sponsored by Rep. Debbie Buckner (D-137), was introduced to ensure the dedication of ALL fees intended for the Hazardous Waste Trust Fund, including those that were not dedicated through last year's HB 511. While an amended House Bill 1421 passed the Senate during the 2022 Legislative Session, its changes were not agreed to by the House before the end of the session. While we commend the passing of the Hazardous Waste Trust Fund extension, we will work in the interim and during the 2023 Legislative Session to ensure the dedication of all Hazardous Waste Trust Fund fees.
Ad Valorem Taxes on Forestry
Two measures that focused on how ad valorem taxes are assessed in Georgia’s forestry industry were introduced during this session. Unlike agricultural equipment used in the production of farm products by family-owned farms, timber equipment used by timber producers is not exempt from state ad valorem taxes. House Bill 997, sponsored by Rep. Sam Watson (R-172), sought the exemption of forestry equipment from state ad valorem taxes through a voter referendum to be held during the general election cycle in November 2022.
The Georgia Conservancy supported this measure as it would strengthen Georgia’s critical forestry industry by removing an economic barrier for producers across the state. HB 997 passed both chambers and moved to the Governor’s desk for signature.
The second piece of legislation, House Resolution 686, sponsored by Rep. Sam Watson (R-172), sought to streamline the ad valorem tax assessment on timber, with such assessment being made following its harvest or sale and according to its fair market value at the time of harvest or sale. HR 686 would also provide for the appropriation of state dollars to any county, municipality, or school district that experiences a reduction in ad valorem revenue due to the proposed changes in the tax assessment of timber. The resolution called for a ballot referendum so as to amend the State Constitution to allow for such appropriation.
The Georgia Conservancy-supported resolution passed the House but did not come up for a vote in the Senate before the close of the legislative session.
Freedom to Farm Act
Georgia's current Right to Farm Act protects existing agricultural operations from a variety of nuisance lawsuits. All 50 states have some form of Right to Farm laws, which prevent a number of unreasonable lawsuits from being filed against existing farming operations.
House Bill 1150, sponsored by Rep. Robert Dickey (R-140), seeks to amend Georgia's Right to Farm Act by prohibiting neighboring property owners from filing nuisance suits against incoming agricultural operations two years after the established date of operation. The bill was amended last in the session to increase this time period from one year to two years.
The Georgia Conservancy is concerned that these changes limit the available time that a property owner is able to bring action against incoming agricultural operations. This legislation does not change the fact that if an agricultural operation is negligent or acting illegally, they do not qualify for protection under the Right to Farm Act.
An amended House Bill 1150 passed the House and the Senate and moved to Governor's desk for signature.
The Georgia Conservancy monitored House Bill 1150 during the session.
Prevent Net Loss of State Hunting Lands
House Bill 1349, sponsored by Rep. Jason Ridley, would require that any land management decision or action by the Department of Natural Resources "not result in any net loss of land acreage available for hunting opportunities on department managed state-owned lands."
House Bill 1349 passed both House and Senate and moved to Governor's desk for signature.
The Georgia Conservancy supported the signing of HB 1349
Encouraging Support for Urban Farming
House Resolution 880, sponsored by Rep. Kim Schofield (D-60), expresses the House of Representatives’ "support of urban farming and encourages local governments to adopt policies, ordinances, and legislation to expand the support for land conservation, small farming, and urban farming and to study their land use and zoning ordinances and permitting processes to determine how to remove barriers that seek to discourage or prevent the success of this industry."
House Resolution 880 did not pass out of the House Committee on Agriculture and Consumer Affairs before the close of the session.
The Georgia Conservancy supported the passage of HR 880
Office of the Outdoors
According to the Bureau of Economic Analysis' state-level data, outdoor recreation in Georgia contributes over $10 billion to the state's economy and directly supports over 130,000 jobs. Additionally, Georgia's public spaces for outdoor recreation are drivers of tourism to the state. Senate Bill 619, sponsored by Sen. Sheikh Rahman (D-5), would establish a state Office of the Outdoors and provide for the director of that office to enhance and market Georgia's already robust outdoor industry.
Senate Bill 619 did not pass out of the Senate Committee on Oversight before the end of Crossover Day.
The Georgia Conservancy supported the passage of Senate Bill 619
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 2022 Legislative Session demonstrated again why the investment in an effective and engaged Advocacy Program at the Georgia Conservancy is so important – it’s necessary!
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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 2022 Legislative Session.
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