SB 460 "Watershed Destruction Act" passes - WITHOUT blanket permission to pipe streams

April 9. In the waning minutes of the legislative session, the House passed a substitute version of SB460 which did not contain the "blanket" variance which would have allowed all small streams to be paved over and piped. Instead, the legislation directs the EPD to come up with criteria for variances. The Georgia Water Coalition reports:

The Stream Buffer Destruction Act made it out of House rules around 5 p.m. on the 40th day, but with the stipulation from Rep. Calvin Smyre, Rules Chair, and Rep. Terry Coleman, Speaker of the House, that there be a compromise between the backers of the bill and the environmental community before it would come to the House floor for a vote. Neither Smyre nor Coleman wanted a lengthy debate so late on the last day.

The Georgia Water Coalition negotiated with the backers of the bill and ultimately gutted the bill. SB 460 then came to a vote in the House at 11:45 p.m., was transmitted to the Senate, and was taken up and passed at 11:58 p.m., just 2 minutes shy of Sine Die.

The SB 460 Floor Substitute language calls only for EPD to develop rules by December 31, 2004, which “contain specific criteria for the grant or denial by the director of requests for variances.” All language about a general variance to piping small streams was removed. While not an outright defeat, the compromise eliminated the most onerous provisions of the original bill. This is another victory for the Coalition, and for the environmental community as a whole. Never before have we had such leverage in our negotiating position!

Thanks to everyone who called, wrote or emailed your representatives on this issue!