GFA INITIATIVES RECEIVE SENATE APPROVAL March 31, 2015
With only two legislative days left before adjournment on April 2, two of the Georgia Forestry Association’s three initiatives, having successfully navigated all the steps in the legislative process, are headed to the Governor’s desk for final approval.
A total of 928 bills have been introduced, 217 bills passed by the House, 332 bills passed by the Senate and 11 bills signed by the Governor. After April 2, the Governor will have the option to sign a bill or do nothing, in which case the bill becomes law after 40 days. The Governor may also veto the bill, which requires a two-thirds vote of the members of each chamber to override.
As the session approaches adjournment, here is the status of legislation most important to Georgia’s forestry community. Please contact the sponsors of each bill to express your appreciation for addressing the needs of Georgia’s forests and the families and businesses that depend on them.
"GREEN BUILDING" AND GEORGIA GROWN WOOD | HOUSE BILL 255
After extensive debate on March 27, the Senate on a 41-7 vote approved HB 255. The legislation was introduced by Rep. Mike Cheokas (R-Americus), co-sponsored by more than 30 House members and carried by Sen. Dean Burke (R-Bainbridge) in the Senate.
Why is this important? HB 255 is a GFA initiative to codify the language in Governor Deal's 2012 Executive Order requiring that green building standards used in the construction of state buildings give equal consideration to all forest certification programs.
This is important for Georgia because more and more public buildings are being designed as LEED certified buildings, a designation created and promoted by the U.S. Green Building Council. LEED criteria and credit scoring give preference to wood from forests certified by the Forest Stewardship Council, of which there is very little in Georgia - 32,000 acres. Most certified wood in Georgia is certified under the Sustainable Forestry Initiative or the American Tree Farm System, a combined 4.3 million acres. Placing language in the Georgia code that puts these certifications on equal footing will ensure that the protection of Georgia forest products in the Executive Order outlives Governor Deal's tenure in office.
On March 25, the Senate on a 49-0 vote approved HB 199, sponsored by Rep. John Corbett (R-Lake Park) and carried in the Senate by Sen. Tyler Harper (R-Ocilla).
Why is this important? Once signed by the Governor, HB 199 will amend Georgia's timber harvest notification law to achieve greater uniformity among counties that have a timber harvest ordinance and to create operational efficiencies for Georgia loggers. HB 199 accomplishes the following:
Removes the requirement for a bond on every tract harvested in favor of a single bond per county per year
Clarifies that local governing authorities cannot charge fees for notification of a harvest
Allows a contractor 24 hours to notify the county after moving onto a tract rather than having to notify authorities prior to moving onto a tract
Allows notification by email
Clarifies that the notification form provided by the State Forester is the only information a local governing authority can require from a contractor
The current law is administered differently in counties throughout the state and is onerous in many respects for loggers. The legislation will change several provisions of the current law to be more "logger friendly," increasing efficiencies and simplifying the compliance process.
The House Transportation Committee passed HB 411 on March 9, and the bill’s progress has since come to a halt. A study committee is expected to take up the issue over the summer to help assemble more facts and advance the legislation in 2016.
It became clear during the session that House leadership was concerned about the timing of a weight increase debate in the midst of a very difficult debate on transportation funding (House Bill 170) to pay for road and bridge improvements throughout the state.
Why is this important? HB 411 increases the allowable haul weight from 80,000 lbs. plus a five percent variance to 84,000 lbs. plus a 10 percent variance. (Note: Even though the bill changes the base allowable weight from 80,000 to 84,000 lbs., GFA continues to support the 80,000 lb. base weight.) The travel radius within which these weights are allowed would increase from the current 100 miles to 150 miles. This is important to Georgia's wood producers because several states adjacent to Georgia are already at 80,000 lbs. with a 10 percent variance, which places Georgia loggers at a competitive disadvantage when hauling into adjoining states.
GEORGIA FORESTRY COMMISSION FUNDING | STATE BUDGET
Both the House and Senate have retained the addition of $1.8 million to the Georgia Forestry Commission budget to address pay parity and retention issues. This additional funding, along with the $1.8 million in appropriations from 2014, will bring the Commission’s funding to $3.6 million of the $4.2 million needed to increase its professionals’ salaries to 85 percent of the market average.
Why is this important? Last year, the Georgia Forestry Commission reported an alarming loss of trained, experienced personnel due to salary rates being significantly below the market average. By the end of 2013, turnover had doubled over the historical five year average. Across the agency's southern districts in 2010, GFC Rangers with less than two years’ experience averaged six percent of the work force. At the end of 2013, the average increased to 30 percent, and today that average is almost 38 percent. To reverse the ongoing attrition and to attract qualified candidates for vacancies, GFC must receive funding to fully address the remaining pay parity issues.
FORESTRY OUTREACH FUNDING | STATE BUDGET
GFA President Steve McWilliams was recently invited to speak to the Agriculture Subcommittee of Senate Appropriations in favor of a proposed $300,000 appropriation in the 2016 budget to support three new outreach positions in University of Georgia’s Warnell School of Forestry & Natural Resources. The positions would focus on three areas critical to Georgia’s private forest landowners – Economics & Taxation, Forest Health, and Wildlife. The House and Senate have included the funding in their respective budgets. The fate of the request will become clear in the next two days, though funding for the positions is expected to survive.
HB 202, a comprehensive reform of laws related to ad valorem taxation, assessment and appeal has passed the House and Senate and awaits the Governor’s signature. Three years in the making, HB 202 makes numerous tax-friendly changes, including:
Revises time lines for digest submission, appeal responses, types of appeals, and final determinations.
Creates an Appeal Administrator who is vested with administrative authority in all other matters governing the conduct and business of the boards of equalization to provide oversight and supervision of such boards.
The Appeal Administrator receives any complaint filed with respect to the official actions of any member of a county board of equalization regarding technical competence, compliance with state law and regulations, or rude or unprofessional conduct or behavior toward any member of the public and forwards the complaint to the grand jury for investigation. The grand jury shall issue a written report of its findings and make recommendations, as it deems appropriate. The findings of the report may be grounds for removal of a member of the board of equalization by the grand jury.
Provides for qualifications of board of equalization members such as being the owner of real property located in the county where such person is appointed to serve. Requires not less than 20 hours of instruction in appraisal and equalization processes and procedures as prepared and required by the DOR commissioner following the completion of each term of office. No person shall be eligible to hear an appeal as a member of a board of equalization unless, prior to hearing such appeal, such person shall satisfactorily complete the 20 hours of instruction in appraisal and equalization processes and procedures approved by the DOR commissioner.
Provides for qualifications of hearing officers. Each hearing officer shall annually complete at least four hours of instruction in recent legislation, current case law, and updates on appraisal and equalization procedures, as prepared and required by the DOR commissioner.
Provides for the award of attorney fees when the final determination of an appeal is 85% or less than the assessed value established by the board of equalization, hearing officer, or arbitrator as to any real property.
HB 475 amends the code to ease restrictions on feral hog hunting. Among other things, the bill allows feral hogs to be hunted year round with certain exceptions. Status: The bill was approved by the House on a 170-0 vote on March 13 and is to be considered in the Senate today.
HB 110 is aimed at removing the ban on the sale of bottle rockets and other consumer fireworks in Georgia. GFA President Steve McWilliams testified on the bill and noted that the sale and use of “Chinese fire lanterns” and similar products should be excluded from the list of items legal for purchase due to the threat of increased wild land fires. Status: The bill currently awaits a vote in the Senate later today.
HB 397 amends the code to administratively attach the GSWCC to the Georgia Department of Agriculture. With this administrative change the agency will retain its autonomy as an independent, stand-alone agency. Status: The bill has been approved by the House and the Senate and currently awaits the Governor’s signature.
SB 239 would enable county governments, on a case-by-case basis, to allow property in a CUVA covenant to be used for commercial or industrial development without breaching the CUVA covenant. Status: While it is too late in the session for SB 239 to move as a separate bill, its provisions could be amended onto other germane legislation.
Currently, dealers of farm equipment are exempt from paying ad valorem tax on their inventory. HB 374 clarifies that forestry equipment is included in this exemption. The bill was amended in committee to further clarify that lease-purchase equipment is also exempt from ad valorem taxes. Status: The bill was approved by the House and will be voted on by the Senate today.
SB 139 would have prevented local governments from banning or taxing plastic or paper bags and other containers. Environmental groups opposed the bill, but the floor debate indicated that concern about loss of local control was the major factor in its failure. Status: The bill was defeated in the House on March 27 by a vote of 85 -67.
According to the Georgia Paper & Forest Products Association, HB 412 is critical to Georgia employers, as it addresses an appeals court decision that, in certain circumstances, opens Georgia employers to lawsuits over work-related injuries. HB 412 clarifies that workers compensation is the exclusive remedy for work-related injuries, and that exclusive remedy is not nullified by any failure to meet contractual obligations with maintenance, construction, or other contractors on a work site. Status: The bill will be considered by the Senate today.
BILL TRACKER | OTHER ITEMS OF INTEREST
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