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Request a DemoVoting ‘no’ is a legislative way of life for these two Georgia lawmakers
ATLANTA — When it comes to voting "no," Rep. Charlice Byrd and Sen. Colton Moore are the top two naysayers in the Georgia General Assembly.
The two conservative, Republican lawmakers have been in lockstep on several key pieces of legislation throughout the session. Between them, they’ve voted no on nearly 200 bills, often casting the lone dissenting vote. Each was the only lawmaker in their chamber, for instance, to vote no on the state’s fiscal year 2025 budget.
In fact, the two legislators have voted in unison on a number of bills this session that will impact Georgians in substantial ways. They’ve voted no on bills that would:
- Ease restrictions on expanding hospitals.
- Double parental leave for state employees to six weeks from three weeks.
- Forgive the student loans of mental health workers and veterinarians.
- Let nurses and physician assistants prescribe painkillers to patients.
- Require employers to provide secret ballot votes if their workers choose to unionize. Companies that do so get state economic incentives.
- Create a new program to provide housing and services for the homeless.
- Require convenience stores to post information from the human trafficking hotline.
All of those bills passed despite Moore and Byrd’s votes.
They don’t always go against the grain of their party, which controls both the state House and Senate as well as the offices of the governor, secretary of state and attorney general — known as the Republican trifecta.
Moore and Byrd have given a nod to some key Republican initiatives this year, including bills to support private school vouchers, enforce the tracking and detention of undocumented immigrants, ban foreigners from donating to political campaigns, and to ensure that legislation takes into account the impact on small businesses. They’ve joined the GOP on election reform measures removing the secretary of state from the State Election Board and making changes to ballots and voting procedures designed to improve election security. And both agree that people who don’t have cosmetology licenses should be allowed to blow-dry hair and apply makeup.
The pair’s far-right views are heavily influenced by the Georgia Freedom Caucus, a three-year-old, uber-conservative group that is the outgrowth of the congressional House Freedom Caucus. The national State Freedom Caucus Network favors social conservatism and small government and opposes immigration reform. It helped oust U.S. House Speaker Kevin McCarthy last fall.
Byrd and Moore are chair and vice chair, respectively, of the Georgia group. Sen. Greg Dolezal, R-Cumming, the chief deputy majority whip in the Senate, is the third member of the Freedom Caucus in the General Assembly.
“I go by the four pillars of my Georgia Freedom Caucus,” which are, “Does it grow government? Does it raise taxes? Does it increase regulation? And does it go against personal liberties?” Byrd said on Georgia Public Broadcasting’s “Lawmakers” television show earlier this month when asked about her pattern of no votes. “I also throw in there for myself: Is it the proper role of government? … It was to protect, preserve and defend, and now we fund a whole lot of things that we really should not be funding.”
Byrd and Moore began the session in January promoting the Freedom Caucus proposal for a complete repeal of the state income tax by 2030, and belittling the gradual personal income tax drop of 0.1% per year to 4.99% from 5.49% by 2029 promoted by the governor and GOP leadership. “At that rate, it would take 54 years to get to zero,” said Moore.
Both Byrd and Moore are rabid supporters of former president Donald Trump. And both have caught flak for controversial moves in the Legislature.
Moore has burned up considerable political capital — and gained national attention doing so. He was kicked out of the Senate Republican caucus last September after attacking fellow Republicans for refusing to agree with him in calling for a special session to take action against Fulton County District Attorney Fani Willis, who is prosecuting Trump in an election interference trial. Earlier this month, Moore was banned indefinitely from the House for a scathing tirade he leveled against the late-Speaker of the House David Ralston.
The self-styled “RINO (Republican In Name Only) Wranglers” were featured in this video calling for a special session and lambasting their GOP colleagues:
Byrd introduced a bill early this year to impeach Willis, but it was ignored in the House. Later in the session, Republicans in both chambers went after Willis and others they deem as “rogue prosecutors” in their own way, by standing up a prosecutorial oversight commission (a bill which Byrd and Moore voted against). The Senate, led by Dolezal, also launched an investigative committee to probe Willis’ conduct, which Moore supported and claimed credit for spurring on.
The pair’s unconventional approach is “not the normal path that one follows when trying to build a successful career in the Legislature,” Charles Bullock, a University of Georgia political science professor who is widely-regarded as a preeminent scholar on Southern politics, told State Affairs.
“The old advice that [former] U.S. House Speaker Sam Rayburn used to give new members is ‘you have to go along to get along,’ ” said Bullock. “Help out other members and when you need help, you could turn to your colleagues and they’ll remember when you were helpful to them and they’ll reciprocate. If you’re out there burning bridges though, it means you are going to be less effective in doing things for your constituents.”
Byrd against immigrant 'invasion and for the free market
Byrd, 72, is a former middle school teacher and political activist who lives in Woodstock and represents conservative, wealthy and mostly white Cherokee County. A self-described “pro-fair tax, pro-gun, pro-life Reagan conservative,” she has consistently voted for measures that return funds to taxpayers and against those that expand the budget.
She said the amended fiscal year 2024 budget signed by Gov. Brian Kemp this month “is full of crony subsidies, welfare and woke-ism while failing to deliver on conservative policies.”
Byrd said she took issue with spending $126 million on Kemp’s limited expansion of Medicaid through his Pathways program, despite its requirement for recipients to work or volunteer. And she’s opposed to “paying to grow the EV (electric vehicle) industry, train their workers, house their workers, subsidize them to the max. Free market should decide if EVs are our future, not the government.”
Byrd was also against returning $66 million to the University System of Georgia (USG) for teaching expenses, a line item in the 2024 budget vetoed by the governor last year. “Our universities are indoctrinating our kids … and USG is funding racism, sexism and radical gender ideology,” said Byrd.
Of Chinese and European descent, Byrd is a founding member of the Asian-American Pacific Islander Caucus in the General Assembly. Unlike other members of the mostly Democratic caucus, she regularly complains about “the invasion” of illegal immigrants in Georgia and at the southern U.S. border.
Last month she said, “Georgia is doling out our taxpayer dollars for everything that is not the proper role of government while doing nothing to address the invasion of our state or the root causes of sex trafficking or holding Fani Willis accountable. With the Republican trifecta, one would think we should be doing a lot better.”
Through March 21 of this session, Byrd has voted no 118 times out of 325 votes on legislation, or 36% of the time.
On Monday she posted this video on X to brag about being “the state representative who votes ‘no’ the most,” and to preview the last two legislative days of the session, which she said “will be dangerous for freedom”:
Among Byrd’s solo no votes this year was a vote against allowing people who make cottage foods such as baked goods, jams and trail mixes in their homes to sell them in local stores. She was also alone in rejecting a bill to create the Weeping Time Cultural Heritage Authority to preserve the memory of more than 400 African slaves sold in Savannah in 1859.
Byrd acknowledged it can be tough to vote against everyone in her party and sometimes against the entire House.
“You lose a lot of friends, and that is very unfortunate,” she said. “I have made a lot of other friends that appreciate and respect what I do,” including some colleagues who tell her they wish they could vote the way she does. “And I always tell them, ‘There is not one person on that floor that votes for you. It is your district that votes for you, and you should be voting your district.’ ”
Even when she’s voting with the majority, she finds moments to work in her far right agenda. During a long debate this week in the House over Senate Bill 354, a bill to allow blow-dry stylists and makeup artists to practice without a cosmetology license, which several Democrats warned would pose health risks, Byrd said, “we should be more concerned about a doctor mutilating our children than the licensing of cosmetology.”
Moore pushing for criminal justice reform
In his first month at work in the Legislature this year, Moore voted no on a dozen of the 45 or so bills that came up for a vote in the Senate.
The legislation Moore has voted against runs the gamut. He was the sole naysayer on a resolution that would create a Senate study committee to look at improving family caregiver services. He also was the single no vote on a resolution that designates May 1 as Purebred Dog Day. Both passed the Senate.
He was one of six lawmakers who voted no on a bill that defines antisemitism. That bill passed 44-6. And if he’d had his way, development authorities wouldn’t be allowed to hold their meetings by teleconference. His Senate peers disagreed with him, passing the bill 51-1.
While Moore and Byrd may appear to be legislative doppelgangers, they aren’t in sync on everything.
Moore voted against the Safe at Home Act, a bipartisan bill that would guarantee safe living conditions in rental properties. Byrd embraced it. Moore also voted no to create a Senate study committee on the preservation of Georgia’s farmland.
Bullock said he’s surprised that Moore, one of his former students, has aligned himself with extreme conservatives. During his senior year at UGA, Moore took Bullock’s legislative process class which dealt with “norms of behavior and getting along well with peers and mutual respect.”
Two years after graduating, Moore unseated State Rep. John Deffenbaugh, R-Lookout Mountain, the incumbent in his home county of Dade, becoming one of the youngest representatives to serve in the Georgia Legislature.
His voting pattern and behavior may mean the lawmaker is trying to create “an image that he thinks might be helpful to him in the future,” Bullock said. “But it does not position him well to secure things that he might want to get for his district.”
Moore’s ties with the Freedom Caucus, Bullock said, indicate he’s following a path set forth by the far-right group. “The Freedom Caucus like the [one in the] U.S. House is quite ideological and therefore not likely to engage in compromise or back down from its position when it thinks it’s right.”
Neither does Moore.
All told, Moore has voted no on 81` out of more than 250 pieces of legislation between Jan. 8 and March 21, including bills regarding the last two state budgets. That’s about a third of all bills.
A closer review of Moore’s Senate voting record this session shows he has cast the lone no vote in roughly 75% — 37 bills — of the more than 50 bills where a single no vote was cast.
The lawmaker, who is an auctioneer and works at his family’s trucking company, said he follows “a strict standard of principles.”
“When it comes to a piece of legislation, and in my opinion, any piece of legislation that misuses taxpayer money, it's not the proper role of government. I typically vote against that,” the 30-year-old northwest Georgia lawmaker told State Affairs. “Bills that subdue individuals' freedoms that shouldn't be subdued, legislation that I think grants government power that it shouldn't have, anything like that.”
Bucking their party, Moore and Byrd have come out strongly against House Bill 986, which would criminalize “deep fake” campaign ads relying on artificial intelligence to alter a candidate’s image, voice or likeness, which they argued infringes on free speech. Moore suggested the AI-generated image below of then-presidential candidate Nikki Haley could be subject to the measure:
In order to make their case for the bill, Republican lawmakers created an AI impersonation featuring Moore and Georgia Freedom Caucus state director Mallory Staples appearing to advocate for the legislation they oppose.
Moore isn’t rash about his decisions.
“In order to vote no as much as I do, I have to be pretty darn well prepared to defend those things throughout the course of the legislative session,” he said, noting that he spends hours, sometimes days, reviewing legislation coming up for votes.
He also has members of his staff go over “every single piece of legislation. And every piece of legislation, I get a report. There's highlights in it. Good parts of the bill. Bad parts of the bill.
“What I look at every single day when I go in to vote is probably three times more in-depth than what the majority leader has.”
“A single nay vote is not going to have any policy impact,” Bullock said. “So in that sense, the risk the person runs is the person becomes viewed as something of a crank. If everybody else is going along with, say, passing the budget or whatever else, then eyebrows get raised for the one person who is voting no [for something] which has near universal consensus. And so that probably undercuts the perceptions, perhaps, or the soundness of the judgment of the individual and their effectiveness.
“Then the individual may say, ‘Look, I'm being true to my principles. But that doesn't necessarily … win over anybody else,’” Bullock added.
While Moore’s approach may confound some political observers, he may have political ambitions beyond the Georgia Legislature, Bullock surmises.
“My best guess is that he has a longer, broader ambition, maybe to go to Congress,” Bullock said. “He's in the same district with Marjorie Taylor Greene. She has played something of that kind of role, not necessarily being the sole naysayer, but certainly an outspoken person who does not compromise, does not trim her sails or back down. And she has done very, very well. She, I think, has become something of a role model.”
Bullock noted that Taylor Greene, who is from the same northwest Georgia mountain area as Moore, was one of the top fundraisers in Congress when she was a freshman.
“My guess is a lot of other young members as well as individuals who would like to get to Congress, look at her behavior and say, ‘Okay, yes, she's clearly outside of the mainstream. Yes, she gets a lot of criticism but she also gets an awful lot of publicity. And she raises a lot of money. The person watching her might say, ‘You know, I could do the same thing.’”
But Moore insists he’s driven by injustices and a desire to reform the criminal justice system.
“What keeps me motivated in politics were the injustices that I experienced as a young child,” Moore said. “My father was charged with a crime that he didn't commit and was sentenced to 10 years in the penitentiary. Hundreds of people wrote letters and said that they think they got this case wrong. The case sentence was overturned and I had a chance to grow up with a dad.”
Both Moore and Byrd have voted against bills to increase mandatory minimum sentences for many crimes, and against Senate Bill 63, a bill that passed in both chambers that would require cash bail for nearly 20 new misdemeanor offenses.
Reelection prospects
The pair’s disruptive approach may not win them friends or influence in their respective chambers, Bullock noted, but it may sit well with their constituents.
“If it works with your constituents, that's all that matters,” he said.
Both lawmakers are running for reelection this year. Byrd has no opposition in District 20, and will coast to an easy victory this November. She joked that she’ll “enjoy a lot of golf” this summer and fall.
Moore has more of a fight on his hands. He’ll face Republican challenger Angela Pence in the primary this May, who told the Chattanoogan: "I'm running to be the voice for ordinary citizens who want real results, not never-ending partisan shouting matches."
A small business owner and resident of Chickamauga, Pence ran for Congress in 2022 as a Libertarian against Marjorie Taylor Greene. She said she decided to run for the state Senate “because I realized our district was not being represented. Our current senator’s actions have put us in a position where he can no longer do his job.”
Citing Moore’s banishment from the House and isolation in the Senate, Pence said, “he can no longer even attempt to represent us.
“While Senator Moore grandstands for retweets and shares, real crises in his district like toxic water contamination in our schools and skyrocketing property taxes — due to an outdated state education funding formula — have gone unaddressed,” she said. “The people don't need any more unhinged sideshows — they need someone who will roll up their sleeves, put in the real work, and score concrete wins that positively impact their daily lives. District 53 deserves a state senator who not only knows how to pick the right battles but how to win them.”
GEORGIA GENERAL ASSEMBLY'S TOP NAYSAYERS
Rep. Charlice Byrd
Age: 72
Birthplace: New Orleans, LA
Residence: Woodstock, GA
Occupation: Former teacher, campaign organizer
House District: 20, covering parts of Cherokee County
Years in Legislature: 2009 to 2013, and 2021 to present in House
“No” votes in 2024 session*: 118 of 325 total votes, or 36%
*Votes on passage of legislation from 1/08/24 to 3/21/24
Sen. Colton Moore
Age: 30
Birthplace: Trenton, GA
Residence: Trenton, GA
Occupation: Auctioneer, truck driver
Senate District: 53, which covers Dade, Walker, Catoosa, Chattooga and Floyd counties in northwest Georgia.
Years in Legislature: 2019 to 2020 in the House; 2022 to present in the Senate
“No” votes in 2024 session*: 81 of 257 total votes, or 32%
*Votes on passage of legislation from 1/08/24 to 3/21/24
Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected] and Tammy Joyner on X @lvjoyner or at [email protected].
And subscribe to State Affairs so you do not miss an update.
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Kemp signs a bevy of bills on elections, public safety and workforce development
The Gist
Gov. Brian Kemp on Tuesday ended a six-week whirlwind statewide bill-signing tour that enacted hundreds of new laws governing agriculture, families, elections, public safety and workforce development.
He also vetoed a dozen bills — including those dealing with homestead exemptions and easing eligibility for the HOPE Scholarship for former foster youths — during that time.
What’s Happening
All told, Kemp signed 709 bills into law in the 40 days since the 2024 legislative session ended in the early hours of March 29. The most crucial piece of legislation, by far, was the $36.1 billion fiscal year 2025 state budget, which included 12 disregards. A disregard is when a state agency is directed not to spend the money allocated for a specific item.
“He didn’t have any real disregards. The majority of these are clarifications,” Kemp spokesman Garrison Douglas said of the governor. “Agencies were given more specific instructions on how to spend the money.”
Bills impacting education, health care, military members, human trafficking and Georgia’s coastal communities were among those Kemp signed in the month following the session’s end. Other notable legislation:
- Police and property owners now have more tools to remove squatters, people who have illegally taken over a private home or property.
- Homeowners associations are now required to notify homeowners in writing of a covenant breach and give them time to fix it before the HOAs take legal action.
- Families of students in low-performing school districts may now receive scholarships, commonly referred to as vouchers, of $6,500 per child to be used for private school tuition or homeschooling expenses.
Additional legislation the governor signed over the last two weeks includes:
Agriculture
- Kemp signed a package of bills meant to provide further protection for the state’s No. 1 industry. The new laws are intended to ban “adversarial” countries from owning Georgia farmland, ease high input costs for farmers, protect children from misleading and dangerous marketing, and hike penalties for livestock theft.
Children & Families
- Senate Bill 376 improves timely permanent placement of a child removed from his or her home by the Georgia Division of Family and Children Services.
- Senate Bill 387 provides free state identification cards for children between the ages of 14 and 17 who are in the custody of the Division of Family and Children Services.
Elections
Any Georgia resident can now challenge another resident’s voter eligibility under a new law the governor signed in April, setting up probable cause to have voters removed from the rolls, critics say. Senate Bill 189 also allows a presidential candidate from any political party to be on the ballot as long as that person qualifies in at least 20 other states. It’s one in a package of election-related bills that critics say could impact the outcome of the 2024 and other future elections.
- House Bill 974 gives the public online access to photos of ballots cast in elections on the Georgia Secretary of State’s website, requires watermarks on ballots and uses technology to verify the text on ballots cast. The bill also requires a percentage of ballots in select statewide elections to be audited.
- House Bill 1207 gives election supervisors the flexibility to change the number of voting booths in precincts.
Public Safety
- House Bill 1105, the Georgia Criminal Alien Track and Report Act, creates a new immigration law that requires law enforcement to determine the nationality and immigration status of people they detain and requires the Department of Corrections and sheriffs to notify federal authorities when they have undocumented immigrants in their custody. Failure to enforce the law could cause local governments to lose state and federal funds, and law enforcement officers and government officials could face misdemeanor charges.
- Senate Bill 63 adds 30 more criminal charges to those requiring cash bail for release, including 18 misdemeanors, such as criminal trespass, forgery and failure to appear. The bill also limits what charitable organizations can do to provide bail to people in jail and establishes that individuals and organizations cannot post more than three cash bonds per year to secure a person’s release. Legal defense organizations say it unfairly limits their work and violates the rights of those accused, and they plan to sue the state to overturn the law.
- Senate Bill 465 creates a new type of offense — felony aggravated involuntary manslaughter — for selling fentanyl to someone who dies from taking the potent drug. Dealers could be prosecuted under the new law whether or not they knew the drug they sold contained fentanyl. Penalties range from a minimum of 10 years to 30 years or life imprisonment.
Workforce Development
Several bills were enacted to help students take advantage of dual enrollment and technical education programs, especially those in high-demand career fields.
- House Bill 982 directs the State Workforce Development Board to create the High-Demand Career List. Colleges, technical schools and high schools currently use conflicting lists, so this unified list will eliminate confusion among students, parents, educators and agencies about what careers are considered high-demand.
- Senate Bill 440 creates the Accelerated Career Diploma Program and simplifies the pathway for students to receive dual enrollment funding for more than 30 hours.
- Senate Bill 497 expands the apprenticeship programs in high-demand career fields and creates a pilot program for public service career apprenticeships.
The Legislature considered more than a dozen bills related to occupational licensing. Among those that passed:
- Senate Bill 354 removes the licensure requirement for beauticians who blow-dry hair, wash hair or apply makeup. The bill doesn’t include other services, such as cutting hair, applying dyes, bleaching or using chemicals, which will still require a cosmetology or esthetician license.
- Senate Bill 373, requires the Board of Marriage and Family Therapists to issue an expedited license to any individual moving from another state who has a current valid license to practice in that state and is in good standing with that state.
- Senate Bill 195 makes Georgia the third state to join the Social Work Licensure Compact. Once seven states have joined, the compact will become functional and allow social workers with valid licenses in good standing to practice in member states.
View Kemp’s 2024 signed legislation here.
Here are some of the bills Kemp vetoed:
House Bill 1231 would have expanded the Georgia Tuition Equalization Grant (TEG) Program, HOPE Scholarship and Dual Enrollment Program eligibility for certainprivate, nonprofit institutions; allowed HOPE Scholarship recipients to use unusedcredit hours to get a first professional degree; and removed the initial and first-year achievement standards of the HOPE Scholarship for former foster youths. Kemp said he vetoed the bill because none of the three proposals were accompanied by additional funding or fiscal analysis.
Senate Bill 368 would have prohibited foreign nationals from making political contributions, which is already banned by federal law. Kemp vetoed the bill at the request of the bill’s sponsor, Sen. Rick Williams, R-Milledgeville.
House Bill 1019, as originally introduced, would have doubled the statewide homestead tax exemption to $4,000 from $2,000 if voters approved it in a referendum. But on the last day of the legislative session, the Senate adopted a floor amendment to return the bill to its original form. That amendment did not change the language of the constitutionally required voter referendum, which references a $10,000 exemption. Voters would therefore be approving a different exemption, which the Legislature did not pass. Conflict between the statutory and the referendum language led Kemp to veto the bill.
See the governor’s statements on all the bills he vetoed here.
What’s Next?
Most of the new laws took effect upon signing or will take effect July 1 unless otherwise noted.
Read these related stories:
Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected] and Tammy Joyner on X @lvjoyner or at [email protected].
And subscribe to State Affairs so you do not miss an update.
Rural communities hopeful Kemp change to state soil amendment law will curb stink
After seven years and millions of dollars in restoration, Heritage GA opened its door last month to those seeking solitude and a chance to commune with nature. But the constant presence of trucks hauling a noxious concoction of waste byproducts from poultry processing plants threatens to ruin those plans.
The historic Catholic retreat sitting on 200 acres near Sharon is meant to be an economic boon and tourist attraction for Taliaferro (pronounced “Tolliver”) County, a poor, mostly Black county of 1,600, situated 90 miles east of Atlanta.
“It’s a very historic, sacred site. Our business is being threatened by this soil amendment. It’s [the retreat] been a major financial investment in the county and in the state and it’s really helping,” Betsy Orr, chief executive officer of Purification Properties LLC, which restored the retreat — a tribute to the first Catholic settlers who arrived in Georgia in 1790.
The sludge, known as soil amendment, is being transported to a hog farm about 1.5 miles from Heritage. The former hog farm was cited by the state Environmental Protection Division after residents complained that the waste being spread on the farm had polluted a nearby creek. The property owner resolved the consent order requiring him to pay $5,000, mark the buffer area on the farm and ensure no soil amendment is applied to that area, according to EPD spokesperson Sara Lips.
The Heritage property includes a commercial building, barn, cottages, prayer spaces, walking trails and the oldest Catholic Cemetery in Georgia. Orr predicts that if the smell from the former hog farm reaches Heritage, “it’s going to wreck our business.”
On Monday, Orr breathed an inward sigh of relief when she learned that Gov. Brian Kemp signed a bill into law that could prove fortuitous for landowners and other businesses battling problems created by soil amendment.
The new law adds a provision to the state Soil Amendment Act of 1976 that stops companies from hauling or receiving soil amendment if they’ve been notified by EPD to resolve an outstanding dispute or complaint. The notification is known as a consent order. The new law is effective July 1.
“It’s good because the state and the Agriculture Department have really prevented that kind of bill from being enacted because they say that it’s to the farmer’s benefit to be able to use the soil amendments,” Orr said.
Orr’s comments are a common refrain from business owners and families with properties in rural Georgia who sit near soil amendment sites and who complain of vultures, hordes of flies and unbearable smells floating across their properties.
“The problem is a lot of the soil amendments are causing pollution. They are stinky, nasty wastewater and other products,” Orr said. “Sometimes it is not even what they are allowed to dump. Finally, they have passed this amendment, and I hope they enforce it. Some of the things that these people are dumping are … ruining the landowners around them and the state has got to start caring about that.”
Doug Abramson, a retired corporate lawyer who lives in Wilkes County where a soil amendment runoff killed 1,700 fish in the Little River July 2022, called the new law “a step in the right direction.”
“Many counties throughout the state are encountering problems with sludge, improper dumping, and [other] soil amendment issues,” said Abramson, who along with his wife Susan have been working to address the problem for about a decade. “This [new law] is at least a recognition that there are problems out there. I do think the state could do better. The Department of Agriculture could do better but it is a step in the right direction.”
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
Watch live: Kemp signs $36.1B budget bill
Today is the deadline for Gov. Brian Kemp to either sign or reject bills passed by the Georgia General Assembly during this past legislative session. Arguably, the biggest of those bills is the annual budget. Kemp and first lady Marty Kemp will be joined by Lt. Gov. Burt Jones, House Speaker Jon Burns, and members …
Bill adds violation to Soil Amendment Act, but will it stop the stench?
After years of enduring intrusive, foul-smelling waste spread on untold tracts of rural land, Georgians living near such sites are finally getting some relief.
On Monday, Gov. Brian Kemp signed into law a bill that adds a new violation to the state’s 48-year-old Soil Amendment Act. Soil amendment is meant to help farmers create healthier soil.
The law’s new provision is being hailed as a small but significant breakthrough in a 15-year battle to rein in abuses and mismanagement and create more safeguards and oversight in the disbursement of soil amendment. Many rural communities have long complained that the state-approved, sludge-like substance smells like “rotting corpses,” draws flies and vultures, and has led to other environmental problems.
Soil amendment is a state-approved additive derived from waste created mostly at chicken-processing and pet food-processing plants. It’s intended to be used as fertilizer on farmland where crops are grown. It’s supposed to help reduce erosion, improve water retention, change soil pH, pump up nutrients and provide other soil-boosting enhancements. Georgia law allows chicken processing waste to be applied to land as a soil amendment. Some farmers use it as a cheap alternative due to the rising cost of fertilizer.
The new provision, which goes into effect July 1, makes it illegal for a company to continue spreading soil amendment if the company or the site in which the waste is being distributed is under some kind of enforcement action from the state Environmental Protection Division or the state Department of Agriculture, the bill’s sponsor Rep. Rob Leverett, R-Elberton, told State Affairs Monday. Violators must be notified by the agriculture department and must resolve the prior problem before they can resume dispersing more soil amendment, he added.
“I’m very excited. I appreciate the governor signing the bill,” said Leverett who lives in Elbert County where some residents have had problems with soil amendment. “The passage of the bill indicates there’s some recognition by the Legislature that we do need to take a look at this. What I’m trying to do is address what I believe to be legitimate complaints. Hopefully, we started to do that this year and we’ll take other incremental steps as needed. I look forward to the Ag department enforcing this new violation once it’s gone through their regulatory process.”
David vs Goliath
In a state where agriculture wields tremendous power — it provides paychecks for 1 in 7 Georgians and contributes about $75 billion a year to the state’s economy, most of it from poultry processors — the new legislation is a milestone, local government officials and activists say.
“It is a very big step,” Tonya Bonitatibus, executive director and riverkeeper at the environmental nonprofit Savannah Riverkeeper, told State Affairs. “This bill made it through the Senate and the House Ag committees, which are traditionally definitely not in the business of overregulating Ag, and it passed almost unanimously [in the Legislature] and that speaks volumes.” Bonitatibus has been tracking the issue for 13 years.
While state lawmakers are recognizing the harsh impact the state’s poultry industry waste is having on some rural communities, leaders in those communities are waiting to see what the Georgia Department of Agriculture does. The department has sole power to regulate soil amendment.
“I hope the new [agriculture] commissioner Tyler Harper brings us more positive results,” said Oglethorpe County Commission Chair Jay Paul, a former state Environmental Protection Division specialist who dealt with soil amendment most of his 17 years with the agency. “I’m trying to give him the benefit of the doubt.”
Shortly after taking office in January 2023, Harper vowed to review the department’s Soil Amendment Program. Since then, he has issued recommendations and is beefing up the program, which when he arrived had only two people, one of whom was the inspector for the entire state. With $550,000 in funding from the state, Harper has added two more inspectors, a program manager and an attorney.
The department is updating its software so inspection reports can be completed digitally and tracked online rather than hand-written. It’s also updating its licensing and registration software to help registrants more easily comply with soil amendment program rules.
“Our team has done a really good job,” Harper told State Affairs. “We’ve really been working to get our arms around it since I walked in the door last year, and we’ve been committed to addressing the issue and ensuring that the agricultural industry can be successful and that we’re protecting our state, our resources and the public all at the same time.”
Rep. Robert Dickey, chairman of the House Agriculture Committee said Leverett’s bill is “about the [state agriculture] department having some teeth in the rules and law to really shut down” companies with abusive soil amendment practices.
The Ag department’s recent efforts are more than what’s been done in the past, critics say, but more needs to be done.
“I really haven’t seen a whole lot of difference. I mean, we’ve heard some good rhetoric,” Wilkes County Commission Chairman Sam Moore told State Affairs.
“Unfortunately, it’s the little bitty counties against the Department of Ag. And we lose every time,” Elbert County Commission Chairman Lee Vaughn said. “The Department of Ag has 100% control over what soil amendments are and what they allow and how they allow them to be applied.”
Local leaders in counties affected by the sludge onslaught say they’ve been kept in the dark for years about soil amendment. To make matters worse, they say they have no regulatory authority to resolve the problem because that’s left up to the state agriculture department.
“We want to know where it’s going. We want to know what it is,” Moore said. “I mean, we don’t even know if they [sludge-hauling companies] have a permit or not. You call the Department of Ag and they act like they don’t know. It’s just the same old thing that’s been going on for years.”
In the last year, some counties have started fighting back, creating local ordinances that discourage the sludge haulers from coming into their communities. At the same time, the problem has sparked activism among local residents in several counties where the problem prevails.
‘Death and Diarrhea’
State Affairs spoke to local government officials, activists, environmentalists, farmers and residents in a half dozen counties where soil amendment has been applied for years. Their stories all seem to align.
They talked about how their communities have been overrun with tractor-trailers hauling millions of gallons of sludge — or as locals call it “chicken blood and guts” — presumably from chicken and dog-food processing plants. The additive is being spread on open land in rural communities — usually small, sparsely-populated counties — across Georgia, with little state regulation, scrutiny or intervention.
The companies bringing in the waste have contracted with or paid farmers or landowners to apply it on their property. Some locals report seeing dozens of tanker-trucks a day hauling the waste into their communities. It’s an endless procession where the sludge is applied throughout the day, all hours of the night and even in the rain.
The usual hoot owls and honey bees have been replaced by vultures and flies, community members say. Millions of flies land on farm animals and get entangled in children’s hair when they play outdoors. In Hancock County, locals have resorted to firing shotguns in the air to scare away the vultures perched atop churches and other buildings. The vultures feast on the land where the soil amendment has been deposited.
“Buzzards or vultures, whatever you want to refer to them as, eat dead rotting flesh,” said Angela Walden who lives in Jefferson County, 45 minutes south of Augusta.
Dirt roads have become muddy, well-worn crevices as dozens of tanker trucks haul tons and of the liquid ooze into communities nonstop.
In most instances, the sludge is spread on top of the soil, locals and officials say, instead of injected into the ground, as the state requires, creating a horrific stench that stretches for miles.
“It smells like death and diarrhea,” said Patrick Dragos, a former Seattle ironworker who moved his wife and daughter to Jewell in August 2022. The family owns an historic wedding venue on a 42-acre estate with an 1895 Victorian home and barn near the Ogeechee River.
Dragos was so incensed after getting nowhere with state and local officials and the sludge-hauling companies that he is now running for chairman of Hancock County Board of Commissioners. The 34-year-old Republican is running against three Democrats, including the incumbent Helen “Sistie” Hudson who has held the seat since 2016.
“If they’re not going to handle our issues and take this seriously, I guess I’m going to have to do it myself,”Dragos said.
Problems began near the Dragos family’s Hancock County property in March 2023 when soil amendment was applied to a farm about a mile away. The smell and flies continued through October, leading Dragos to believe the problem was over. Then, the sludge-filled trucks returned in March of this year and have shown up frequently since then.
The family’s heading into a busy season of weddings, graduations and baby showers and never know when the trucks and smell will show up.
“The threat of the smell and flies is constant. So that stress is always there,” Dragos told State Affairs.
Dragos worries that nonstop application of the soil amendment may eventually seep into the water tables and eventually his well water.
It’s already created one environmental mishap.
In July 2022, some 1,700 fish died in the Little River in Wilkes County after soil amendment runoff from Mar-Leta Farms leached into the river, a Georgia Environmental Protection Division report found. The waste came from washdown water at a Hartwell County Nestle Purina facility provided by a company called Proponic Solutions, according to the EPD report. The report described the waste as “grey, turpid wastewater.” Mar-Leta, also known as McAvoy Farms, was later fined $85,000.
“It’s a major environmental concern,” said Paul, the Oglethorpe County Commission chairman. “And I’m not convinced that the fish kill in Wilkes County will be the last one because nobody really knows what’s in it. It’s just that simple. It comes as wastewater and suddenly goes on a truck and it becomes soil amendment.”
Fighting Back
Unable to get much help from the state agriculture department for years, some counties have taken steps to deal with the problem themselves:
In Warren County, companies wanting to apply soil amendment have to notify the county and get a permit to do so, Commission Chairman John Graham said. The companies also are limited to storing the sludge in certain industrial areas of the county and onsite for no more than 12 hours.
The ordinance was put in place about a year ago so that county officials “ would have more knowledge of what’s going on,” Graham said. “We’re going to stand on our ordinance. Our attorney put it together and he said he followed everything [based on the law]. He feels like we did the right thing.”
The issue had become such a problem that the county was forced to close one dirt road because “they had brought so many tanker-trucks of that stuff in, it messed up the dirt road. With all the rain we’ve had and them bringing in 20 trucks a day and that weight on a muddy dirt road just ruined it,” Graham said, adding that activity has “slowed down in the last little while,” Graham added.
Oglethorpe County created an ordinance last June that requires companies applying soil amendment on a tract of land to be at least 100 feet away from the property line of the nearest private property. During the 2021-22 legislative session, Senate Bill 260, sponsored by then-Sen. Tyler Harper, limited local buffers and setbacks to 100 feet.
“If we get a complaint, we will at least go out there and walk the perimeter of a property and make sure they’re not within 100 feet,” Paul said. “If we see something more egregious, like septage [human waste] for example, we can turn it over to the George Environmental Protection Division. It [Oglethorpe’s ordinance] does give us something new but that’s about it.”
Probably the strongest local government push back comes from Wilkes County. Two months ago, county leaders adopted an ordinance that requires landowners to prove they’re using the land where soil amendment is being applied to grow products, not just as a dumping ground. One soil amendment-application company sued the county two weeks ago saying the ordinance is illegal.
“Who knows what’s going to happen,” Moore, the Wilkes County Commission chairman, said when asked about the county’s chances of winning. “You would think we’d have a good chance. [But] We’ve been dealing with the state for so long, our expectations are not real high.”
Accidental Activists
The ongoing sludge fight has also created a motley mix of NIMBY activists.
Angela Walden and her husband had plans to build their dream home on their family’s nearly 200-year-old farm in Jefferson County. Those plans died on July 13, 2022 when they got the first whiff of a mysterious sludge that had been spread on her cousin’s farm across the two-lane highway dividing their properties.
A month later, Walden’s husband, who often tended the family farm after working his day job, got sick. He was vomiting. He had a sore throat, watery eyes and headaches. He was ultimately diagnosed with thyroiditis, a condition that occurs after coming in contact with hazardous toxins. That was the beginning of the Summer of Hell — 69 days of stomach-churning stench and flies — for Walden and her family.
It was also Walden’s swift induction into activism that would take her to the state Capitol to fight against the substance that ultimately caused a family rift that continues to this day.
“It’s small town, rural Georgians up against big industry,” said Walden, who has appeared in a Rural Georgia Protection Alliance documentary about soil amendment. “The chicken industry is big in our state. You’re going up against them, these lobbyists who have millions of dollars and big time attorneys. And you have the politicians. If I can just inform my county, my residents about what this really is and to try to keep it out of my community … that’s the best way to combat it.”
Walden wants to see regulatory authority over soil amendment removed from the state agriculture department and returned to the state’s Environmental Protection Division.
“That would be a huge win,” she said. “You know, we have to do what we can to try to bring some regulation and some oversight to what they’re doing.”
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].