Subcommittee backs bill to revise Georgia Solid Waste Act, clarify local permitting and public notice

House Bill 351, presented to the Resource Management Subcommittee of the Natural Resources Committee, would revise the state's Solid Waste Act to remove provisions courts have found unconstitutional, harmonize conflicting sections of the law and clarify roles for local governments and the Georgia Environmental Protection Division (EPD) in permitting solid-waste facilities.

Sponsor Chairman John Corbett, chairman of the Resource Management Subcommittee, told members the bill "is intended to revise the Solid Waste Act, to do several things. 1, it removes provisions courts have determined to be unconstitutional or unenforceable." He said the measure also resolves inconsistencies and clarifies public participation opportunities and EPD responsibilities for reviewing local approvals.

The bill removes the statute's references to "special solid waste," language tied to limits on out-of-state waste that courts have struck down. It also specifies what constitutes a "major modification" to an existing facility — changes that substantially alter facility design, waste types or handling methods and would likely affect the facility's ability to protect health and the environment. Examples listed in the bill include expanding landfill capacity, lateral expansions of surface impoundments and adding new handling processes such as baling, shredding or composting operations.

HB351 eliminates a now‑outdated requirement conditioning permits on meeting the state's 1996 waste‑reduction goal and clarifies when local governments must hold public meetings: a local government must hold a public meeting to determine the need for a facility only if it intends to operate that facility, and must hold an informal informational meeting before issuing written verification of consistency with zoning and the local solid‑waste management plan. The bill also sets a maximum age for a local verification at the time of application (stated in the hearing as "36") and gives the EPD director discretion to require re‑verification if a proposed facility changes significantly during the application process.

The draft removes several outdated references to the Department of Community Affairs (DCA), including DCA guidance and DCA determinations of a local government's good‑faith effort to adopt solid‑waste plans, shifting reporting and verification duties to the EPD or allowing local governments to post required reports online.

April Lipscomb, an attorney with the Southern Environmental Law Center who said she has intervened in local permitting cases, told the committee she supports the bill. "I do think this bill absolutely clarifies those provisions and will help prevent litigation in the future," she said, while also noting she and her clients asked EPD for additional environmental protections that the agency declined to add.

Mr. Cowan, identified in the hearing as the EPD director, described the Solid Waste Act as "the act of 1990 with very few changes" and said the revisions aim to help local governments, the private waste industry and EPD obtain and defend permits more predictably.

After questions from committee members about sign size and notice publication, Representative Trey Kelly moved that HB351 be given favorable consideration and the committee voted to report the bill to the full committee for further action; an exact roll call tally was not provided in the hearing record.

The bill was presented and advanced during a subcommittee meeting that combined agency staff presentations, member questions and a single outside speaker. Committee members and witnesses said the changes are largely technical and intended to reduce litigation and confusion over local verification and public‑participation requirements.