A bill that would limit nuisance complaints against farmers narrowly passed the Georgia Senate on Thursday.
House Bill 545, sponsored by state Rep. Tom McCall, R-Elberton, would create a two-year window for filing any nuisance complaint against a farmer for something like noise or smell. It also would require the plaintiff in a lawsuit to live within 5 miles of the farm and file the suit within one year of the beginning of the nuisance.
Supporters of the bill say it protects farmers against unnecessary lawsuits and helps the No. 1 industry in Georgia, agriculture.
Critics, however, say the state already has a law that’s effective, the 1980 Georgia Right to Farm Act. It allows a four-year window for complaints and only protects farms that were established before nonfarmer neighbors move in.
Within agriculture, some small farmers have said the bill is meant to protect larger industrialized operations at their expense.
"This is an abomination. The current law works," said state Sen. Zahra Karinshak, D- Duluth. "We're selling out the small farmer." She said that the bill prioritizes large agribusiness farms at the expense of smaller family farms.
Other critics of HB 545 say it puts new farmers’ rights over those of residents because of the legal ambiguity and limits on nuisance suits.
Environmental groups have also raised concern about the bill limiting action on environmental complaints.
But, state Sen. John Wilkinson, R-Tocoa, said that the bill will not limit the U.S. Environmental Protection Agency's ability to take action on environmental hazards such as water contamination.
State Sen. Elena Parent, D-Atlanta, said the EPA does not have enough resources to address every environmental complaint from farms.
The bill now returns to the House.
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