Fresh Loaf

The U.S. Supreme Court today exempted a small Texas governing authority from the Voting Rights Act, a law that requires 16 states — including Georgia — to get the federal green light before changing the way elections are conducted. Gov. Sonny Perdue, pointing to the civil rights advances made both nationally and in the state, has argued the part of the law that restricts Georgia is no longer necessary. The court did not address that issue today.

From the New York Times:

The court, with only one justice in dissent, avoided the major constitutional questions raised in the case over the federal government’s most powerful tool to prevent discriminatory voting changes since the mid-1960s.

…

Chief Justice John Roberts, writing for the court, said the larger issue of whether dramatic civil rights gains means the advance approval requirement is no longer necessary ”is a difficult constitutional question we do not answer today.”

The court’s avoidance of the larger issue explains the consensus among justices in the case rendered Monday, where they otherwise likely would have split along conservative-liberal lines.

Justice Clarence Thomas, alone among this colleagues, said he would have resolved the case and held that the provision, known as Section 5, is unconstitutional.

”The violence, intimidation and subterfuge that led Congress to pass Section 5 and this court to uphold it no longer remains,” Thomas said.

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…that’s not the real story.

The veteran political reporter’s sources say the state agency wants to avoid ending the fiscal year with a deficit, possibly by tapping $75 million in federal funding. There’s also the question over what exactly Senate Bill 200, a piece of legislation that shakes up Georgia’s transportation power structure, means for GDOT.

At the same time – and this is where it gets interesting – talks have been underway between the DOT staff and the governor’s office over how to implement SB 200, the governance reform bill that gives the governor (through the new planning director) and the Legislature (through new budget authority) broader control over DOT. There are some loose ends that the bill does not address.

Some believe the two issues have become entangled in something of a quid pro quo, with the governor holding both a carrot (the bailout money) and a stick (the new rules which dissidents believe give the planning director – and through the planning director, Perdue - more power over issues like public-private partnerships and funding allocation formulas than the law stipulates.)

Others don’t see any such entanglement, but this week’s meeting should be interesting nonetheless. Even if there is no suspense about the new commissioner.

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Straphangers and transit wonks can breathe easy, as Gov. Sonny Perdue today finalized a $25 million agreement between the Atlanta Regional Commission and MARTA that will help the transit agency avoid drastic service cuts.

Perdue’s action today was largely just red tape. As governor, Perdue must approve all projects paid for by federal stimulus dollars. The Georgia Regional Transportation Authority approved the ARC and MARTA’s agreement on Wednesday. Perdue had hinted he would do the same.

In exchange for funding to keep its trains and buses running, MARTA will spend $25 million on transit-related projects. ARC stepped up to help the cash-strapped transit agency after the Georgia General Assembly failed to pass a bill that would have allowed MARTA more control of its funding.

Perdue today also approved $121 million worth of other stimulus projects, including streetscape improvements in downtown Atlanta, park improvements in DeKalb County, and oodles of roads.

Screenshots of those are after the jump.

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State Environmental Protection Division Director Carol Couch announced today that Georgia’s drought — the headline-grabbing phenomenon that forced Georgians to take shorter showers and watch our lawns turn brown — was officially over.

That also means the watering restrictions, which irked lawn-doting residents and hamstrung metro Atlanta’s landscaping industry, have been eased. (Here’s Georgia’s new outdoor watering schedule.)

Couch said she hopes residents — who surpassed Gov. Sonny Perdue’s 10 percent conservation goal — will continue using less water. But Georgians have very short memories.

Keep in mind that a drought can — and will — happen again. And Georgia lawmakers, who were quick to jump on the crisis but hard pressed to create actual reforms, squandered several opportunities to make the state better prepared when the next one arrives.

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1. The word is a ‘ghetto’ (We posed a question to readers — Is the word “ghetto” so off limits it’s become, um, ghettoized? — and y’all had some interesting things to say. Thanks!)

2. Atlanta: America’s ’second least safe city’? (The stats suggest that could be the case, but some aren’t so sure.)

3. Roy Barnes: Tanned, rested and ready (Barnes is baaaaaaaack! And the governor’s race is about to get a helluva lot more interesting.)

4. Biden to Perdue on rail funding: ‘Georgia gets nothing’ (VP: Just joshin’, Sonny!)

5. Less-than-fond memories of Barnes’ first term (Not everyone is enamored of the former guv and his bid to get his old job back.)

*This blog post has been edited to correct an error.

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Ah, civility. It’s a beautiful thing, ya know?

Gov. Sonny Perdue and Georgia Chief Justice Leah Ward Sears headed off a legal battle today when the two sides reached a compromise about state judges’ funding.

The governor, pointing to revenue collections that have been less-than-positive thanks to a hellish economy, recently ordered state departments to cut 25 percent from their June budgets. He issued the same ultimatum to the judicial branch.

Not so fast, Sears said. She pointed to the Georgia Constitution, that dusty old document which clearly states that the judicial and executive branches are separate. The issue became a bone of contention between the two branches. Just yesterday, Perdue said he’d withhold the funds and warned the judges against filing a lawsuit.

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TIME magazine has a hilarious pool report of today’s D.C. sitdown between Vice President Joe Biden, U.S. Transportation Secretary Ray Lahood and several governors on the topic of high-speed rail. Gov. Sonny Perdue was among those in D.C. for the meeting:

Upon entering, VPOTUS ran into Perdue who appeared, to the VPOTUS at least, to be leaving before the meeting started. Banter and jokes followed.

VPOTUS: “Where you going?”
Perdue: “I was leaving.”
VPOTUS: “What the hell’s wrong with you?” (laughter)

VPOTUS shook hands around the table with several “Good to see you, man,” and “Good to see you, Ed [Rendell].” Said upon sitting: “…Georgia gets nothing. I’m only kidding, only kidding, only kidding.”

Biden knows, y’all. He knows.

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As Thomas “gluten-free” Wheatley and others noted earlier, Democrat Roy Barnes is running for governor.

Barnes held the governorship from 1999 to 2003. His re-election bid was thwarted in 2002 by a then-obscure raindancing fisherman from central Georgia named George Perdue. Please, call him Sonny.

Metro Atlantans have some good reasons to be excited about Barnes.

He’s smart. He’s experienced. He’s won statewide office already.

And perhaps most importantly, he’s more likely than anyone seeking the governorship to break the militant, city-hatin’ Georgia GOP’s chokehold on metro Atlanta.

But before we get our hopes up too much, let’s remember: Barnes four-year governorship wasn’t just bad. It was tragic.

Barnes began his governorship with astonishing promise.

From consumer-friendly healthcare reform, tax cuts, open-government rules, Roy had it goin’ on.

The most impressive of his early accomplishments was the creation of the Georgia Regional Transportation Authority, a metro-wide agency that promised to at last impose sanity on Georgia’s unsustainable, sprawling growth.

Here’s what the Economist said in July 1999:

No other governor in the country has anything approaching [GRTA]—but then few cities have built new roads with anything approaching Atlanta’s abandon.

Under the GRTA (widely translated as “Give Roy Total Authority”), Mr Barnes can exercise complete control over transport and development in the 20 counties that make up the Atlanta metropolitan area, as well as in any other part of the state that falls out of compliance with anti-pollution requirements. This bill also contains a political masterstroke: it gives the governor the right to veto actions by the state Department of Transportation, which has been a law unto itself for much of this century.

So what happened?

Like in any good tragedy, it was Barnes’ strength that did him in. He over-reached.

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Gov. Sonny Perdue last week irked many fellow Republicans when he vetoed a bill that would have slashed the state capital gains tax. Critics warned the bill would have cost the cash-strapped state between $340 million and $1 billion in lost revenues.

“I’m scratching my head…If I were the governor, I would have said, ‘Where is that? Let me get my pen.’”

— House Rules Chairman Earl Ehrhart, R-Powder Springs, in the May 11 AJC

“Cutting capital gains taxes would have encouraged more investment into the state. It is a sad day when this type of legislation gets vetoed by a Republican governor.”

— State Insurance Commissioner and GOP gubernatorial candidate John Oxendine in a May 11 press release

“If Governor Perdue vetoes it, I hope legislators will consider overturning his veto. The JOBS Act could do a lot of good for Georgia.”

— David Raynor of the Georgia chapter of the National Federation of Independent Business

“Republicans I talked to in the legislature are angry and demoralized.”

— Pro-growth, anti-tax Wall Street Journal columnist Stephen Moore, writing about Perdue’s veto

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Among the many crazy things to happen on the last night of the General Assembly was the passage of HB 481, a Republican-backed, home-grown economic stimulus bill offered as a response to the federal spending plan being pushed by Pres. Obama.

In its early form, the House bill’s centerpiece was a tax credit for employers who make a point of hiring laid-off workers. But in the waning hours of the session, it somehow morphed into a billion-dollar capital gains tax break. That’s the sort of sweeping policy change that typically undergoes several days, if not weeks, of debate and discussion, as happened with the large corporate tax cut that passed a few years back.

But in this case, lawmakers voted to blow an estimated billion-dollar hole in the state budget almost as an afterthought: “While we’re at it… ” Every Republican reflexively voted in favor of the tax cut because, well, that’s what Republicans do, isn’t it? If you’d taken an extra-long smoke break, you’d have missed the whole shebang.

Just after the vote, I asked Sarah Beth Gehl, deputy director of the Georgia Budget and Policy Institute, if she was worried about the impact the action would have on balancing future state budgets. I expected a fiscal policy wonk like Gehl to be upset over such a rash move by lawmakers, but she shrugged her shoulders.

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Gov. Sonny Perdue just now issued signing statements for three bills and vetoed 16 bills.

These are always fun to read. We’re literally just opening up the attachment, but if you’d like to read them as well, check ‘em out after the jump.

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Earlier today, Gov. Sonny Perdue told reporters the soon-to-be-released April 2009 revenue figures were “not encouraging.”

He wasn’t fibbing. The revenue figures landed in our inboxes a few minutes ago. And to be honest, they’re rather terrible.

Net revenue collections of sales, personal income and corporate incomes taxes last month totaled $1.4 billion, down from $1.8 billion the same time last year. That’s a decrease of 20.6 percent. The year-to-date decrease in revenue collection is 9.6 percent.

According to figures released by the governor’s office, however, booze is still selling like it’s hot.

Perdue did note that last April’s figures were some of the highest the state had ever recorded. But man,  governor, you’ve made the right choice to veto the giant tax-cutting beast sitting on your desk. That thing might get you on Grover Norquist’s speed dial, but it’d just push the state deeper into the red.

If you’re a numbers lover, download the April 2009 revenue figures. (Warning: PDF)

(Photo by Joeff Davis)

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Plant Vogtle

The Fulton County Taxpayers Foundation and its president John Sherman filed a lawsuit Wednesday in Fulton County Superior Court over Senate Bill 31, a controversial piece of legislation that allows Georgia Power to begin charging customers in advance for two new proposed nuclear reactors at Plant Vogtle.

The lawsuit names the Georgia Public Service Commission, the quasi-judicial state agency that decides how much you pay for your electricity, and Gov. Sonny Perdue, who signed the bill on April 21, as defendants.

During the legislative session, a diverse group of critics called the bill unfair because some industrial customers are exempt from the rate hike. They also said the issue belonged in the Georgia Public Service Commission, where a full-time staff examines and studies the complicated issue of nuclear financing. Georgia Power hired more than 70 lobbyists the push the bill.

In court documents, the foundation’s attorney John Woodham — the lone-wolf barrister who successfully fought the Beltline’s main funding mechanism all the way to Georgia Supreme Court — calls the bill unconstitutional on numerous grounds.

View the 53-page lawsuit here (PDF). It’s a long and complicated read for those not learned in the language of legalese. But it lays the groundwork of what’s sure to be an interesting battle over one of the past legislative session’s most controversial issues.

(Courtesy Nuclear Regulatory Commission)

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Politico today rehashes an Insider Advantage article that reports U.S. Rep. Nathan Deal, R-Ga., plans to run for governor. The news site — famous for WINNING THE AFTERNOON! — included a picture of this “Nathan Deal” character, who looks eerily similar to … holy shit.

Gov. Sonny Perdue, you must respect the state Constitution and bow out at the end of your term, sir! The citizens of Georgia will not sit idly by as you try to hoodwink us into another eight years!

Thanks to Jason Pye, this egregious powergrab was caught before it gained momentum.

(Screenshot from Politico.com)

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Effective immediately, companies wishing to do business with the state of Georgia — and be paid with your tax dollars — best not have ties with Sudan.

Gov. Sonny Perdue today signed a bill that prohibits the state from contracting with companies that conduct business or have ties to the African country’s oil, power, mineral and military sectors. Profits from the sectors are widely believed to help perpetrate genocide in the nation’s southern region of Darfur.

Since 2003, more than 400,000 people have been killed and 2.3 million displaced by genocide in the African nation’s southern region of Darfur. The atrocities, which have been condemned by the United States, are carried out by militias funded by the Sudanese government.

“What this says is very simple,” state Sen. David Adelman, D-Decatur, the bill’s sponsor, said after its signing. “If your business or any of its affiliates are engaged in any business activities with the government of Sudan, you cannot do business with the state of Georgia.”

Companies that plan to do business with Georgia state agencies are now required to disclose international business contracts during the Request for Proposal, or RFP, process. If a company falsifies or fails to accurately disclose its ties with Sudan, it could be fined $250,000 or double the bid it submitted to the state, whichever is greater. The company could also lose the contract and be ineligible to bid on state projects for three years.

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On April 16, President Barack Obama gave rail lovers some long-awaited good news: As part of the president’s stimulus plan, he offered $8 billion to begin linking major U.S. cities with high-speed rail lines — and an additional $5 billion more to improve rail service over the next four years.

“We need high-speed rail,” Obama said. “It’s happening right now. It’s been happening for decades. The problem is, it’s been happening elsewhere, not here.”

By “elsewhere,” the president was referring to Europe and Asia. But he could just as easily have been talking about Southeastern states other than Georgia. Thanks to a lack of vision, little to no funding, and an almost cartoonish addiction to roads, the Peach State’s far behind many of its neighbors when it comes to rail.

Transit and transportation advocates say if the state’s leadership doesn’t work to catch up, Georgia could miss out on a nationwide rail renaissance.

Click here to continue reading this story.

(Photo by Joeff Davis)

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The new bill clamps down on what local government officials can consider a “blighted” area.

From Dave Williams at the Atlanta Business Chronicle:

Only neighborhoods truly in need of taxpayer-funded redevelopment would qualify as tax allocation districts under legislation signed this week by Gov. Sonny Perdue.

The legislation, designed to accompany a constitutional amendment ratified by Georgia voters last fall, tightens the definitions of “blighted” and “deteriorated” areas under the state’s TAD law.

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Under the new law, only neighborhoods marked by substandard buildings, high vacancy rates and high poverty and unemployment could qualify as TADs. That way, only properties too unattractive to lure private investment could be redeveloped with TAD money.

School boards — which chip in the largest chunk of funding if they participate in a TAD — still have a choice as to whether they want to participate in the projects.

The tough economy has forced some cash-strapped school systems to renegotiate — or even rethink — their roles in TADs. Atlanta Public Schools and Atlanta Development Authority officials are in talks to split nearly $18 million that had already been generated from the Beltline TAD prior to a 2008 state Supreme Court ruling that said TADs were unconstitutional. (The school board says it still supports the Beltline, just that it wants to begin kicking in money this year.) Gainesville City Schools recently voted to opt out of a TAD in which it initially planned to participate.

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Of course he signs it on Earth Day. The legislation, House Bill 473, creates a grant program that provides incentives to businesses that install solar panels, produce heat from geothermal heaters, and invest in energy efficiency.

From the governor’s office:

“HB 473 provides Georgia companies with additional incentives for investing in energy efficiency and renewable energy,” said Governor Perdue. “These clean energy grants will also help the private sector meet the state’s goal of reducing energy consumption by 15 percent.”

HB 473 will be administered by GEFA under similar terms and conditions of the current Clean Energy Property Tax Credit (HB 670) passed last year. Quality standards, such as Energy Star criteria for geothermal heat pumps and a high efficiency standard (exceeding ASHRAE 90.1.2004 by 30 percent) for lighting and buildings, determine eligibility for the grant program. The grants will be available on a first come, first served basis; installation of the qualifying clean energy property must be completed before a grant application can be submitted. The maximum grant for each applicant is limited to the lesser of 35 percent of the cost of the clean energy property or the statutory caps.

There’s a hitch though — the size of the grant program depends on how much stimulus cash our benevolent federal overlords decide to give us this summer.

While HB 473 authorizes Georgia to use ARRA funding for energy efficiency and renewable energy grants to non-residential consumers, the state will not know whether this is possible or how much will be available until its application for recovery funds is reviewed this summer by the U.S. Department of Energy. GEFA is expected to receive a total of approximately $82.5 million for the State Energy Program through ARRA, which will support many other efforts in addition to HB 473.

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Plant Vogtle

It’s quite common for journalists to “bury the lede” — that is, to downplay the real news and stick it in the far recesses of an article. Sometimes it’s on purpose, but usually it’s avoided.

To “bury the lede” on a press release? Kind of bizarre. But it happened today when Gov. Sonny Perdue announced he’d signed a bill that would mean more money for the state’s unemployed — and even up to 13 extra weeks of benefits to help them through hard times. It all comes from federal funds, so it wouldn’t mean a tax increase on Georgia businesses. Sounds good, right?

Perdue followed up that little bit of sunshine with a long list of legislation he also inked today with his Juan Hancock. Among them: Senate Bill 31. That’s the WTF legislation that allows Georgia Power to start charging customers for some costs of two proposed reactors at Plant Vogtle years before the white elephants are completed. It was widely maligned and derided by everyone from conservative bloggers to the AARP. Apparently the only people in favor of the plan were the free-market drumbeaters at the Georgia Public Policy Foundation and lawmakers coached in talking points by 70 lobbyists hired to peddle the bill.

Its signing into law wasn’t very surprising, really. (Perdue’s chief of staff is a former Georgia Power “vice president of governmental and regulatory affairs,” or, in English, “lobbyist”). But it’s just kind of funny that one of the hot-button bills of the session — one that would “create jobs” and “be good for Georgia” — didn’t merit its own press release. And the fact that a recent lawsuit filed by Atlanta attorney John Woodham and the Fulton County Taxpayers Foundation about the bill didn’t even make Perdue wince or explain the decision.

After the jump, the full announcement about the state unemployment legislation Perdue signed. But first, the full list of all the other bills Perdue signed today. Play along with us as we sort through the pile and see what they were! At the top of the screen, select whether it’s “HB” for “House Bill” or “SB” for “Senate Bill” and then enter the number in the field. It’s fun! Kind of.

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Gov. Sonny Perdue said earlier today he’d like to avoid a special legislative session to reconsider a bill that would give cash-strapped MARTA more control over its main source of revenue.

Well, State Rep. Rashad Taylor, D-Atlanta, has offered the governor another option. The freshman lawmaker today wrote Perdue urging him to issue an executive order to help MARTA. (Click here to view the letter.)

“Because of the House’s failure to pass SB 120, Metro Atlantans are now looking to you for leadership on this issue,” Taylor wrote. “If the law will allow, I urge you to issue an Executive Order suspending the capital reserve restrictions that currently tie MARTA’s hands. If you are unable to do this by Executive Order, I ask that you call a special session of the Legislature so that we can pass legislation that will give MARTA access to its capital reserves… We must do better for the capital city and for the citizens who rely on public transit to work for Georgia’s present and future.”

Taylor, who serves on the House MARTA Oversight Committee, will join other lawmakers tomorrow for a press conference about the issue at 2 p.m at downtown’s Five Points MARTA station.

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Governor Perdue takes questions from reporters after speaking on the floor of the House Friday night.

From the AJC’s Gold Dome Live:

Gov. Sonny Perdue told reporters that his staff met with MARTA officials Tuesday morning in hopes of coming up with a solution to the transit system’s funding problems.

However, it doesn’t sound like he will go along with MARTA’s call for a special session to pass legislation to help the system.

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The governor mentioned several times that MARTA made no effort to get him involved in passing legislation that would have freed up funding for the system. The bill failed.

“It’s always unfortunate when people who depend on MARTA have their service cut, and I hope they (MARTA) can find a way …. to make it through the end of the year,” the governor said.

In the meantime, Citizens for Progressive Transit, a local grassroots group, is asking its members and other mobility-minded residents to contact Perdue’s office.

(Photo by Joeff Davis)

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The MARTA board today called for Gov. Sonny Perdue to order state lawmakers back to the Gold Dome to consider legislation that might save the transit agency from implementing drastic service cuts.

MARTA General Manager Bev Scott says unless the General Assembly approves legislation that would ease restrictions on how MARTA spends a one-cent sales tax levied in Atlanta, Fulton County and DeKalb County — its main source of funding — the transit agency faces “Draconian budget cuts” and “Armaggedon.”

Possibly included in those cuts: No service on Fridays. Ariel Hart of the AJC reports decisions would probably be made in June and begin in September.

“Without access to this funding, we will essentially sever a critical economic engine in our state and no doubt send our economy into an even greater hole,” Scott said in a press release. “MARTA is simply requesting access to funding that already exists within our capital budget in order to maintain a reasonable level of service that will get us through the economic tsunami we have all had to deal with.”

State lawmakers bungled a chance to resolve the issue during the legislative session, which ended Friday.

Dave Williams of the Atlanta Business Chronicle reports:

Perdue spokesman Bert Brantley said MARTA’s call for a special session is “premature” because the governor hasn’t seen details of the agency’s financial plight. While MARTA officials put that information together for lawmakers to consider as the bill went through the General Assembly, Brantley said, the governor didn’t receive a similar pitch.

“They didn’t come up and ask for help on the bill to begin with,” he said.

(Photo by Joeff Davis)

MARTA’s full press release, which includes talk of fare and parking-rate increases, is posted after the jump.
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Dick Pettys of Insider Advantage reports the halls of the Gold Dome are abuzz with rumors that Gov. Sonny Perdue might use his PAC cash to push a proposed reorganization of the state transportation agencies.

Remember that mysterious Perdue PAC that Gov. Sonny Perdue started in 2007 with almost $800,000 in leftover campaign funds? Remember him explaining only vaguely how he planned to use the money “for educational purposes” and “for influencing public policy?”

He hasn’t spent any of the money yet, but sources on the Capitol’s second floor say he is considering employing it now, if necessary, to get his transportation governance measure through the Legislature.

Sources tell Insider that “all cards are on the table” as the governor ramps up efforts to get the measure through in an acceptable form.

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The money potentially could be used to launch blast e-mails, run advertising campaigns and generate phone calls to lawmakers both before and after the session ends.

The governor is said to be considering “all means necessary” to get the bill passed and is said to consider this a true “legacy” issue.

Please, we take back what we said about the boat ramps! You’ve done enough, sir!

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Mullet-less leprechaun

Oh, Gov. Sonny Perdue, this is the CUTEST thing you could ever announce on St. Patrick’s Day.

From O’Perdue’s press office:

ATLANTA – Governor Sonny Perdue issued the following statement today after meeting with the Honorable Mary Hanafin, Ireland’s Minister for Social and Family Affairs. Earlier today, the Irish government announced that it will place a career consulate general in Atlanta.

“I am pleased to welcome Ireland to the growing community of nations that operate career consulates in Georgia. In 2007, I had the opportunity to visit with the Taoiseach and lay out the reasons why Ireland needed to be in Atlanta. We believe this office will strengthen the economic, educational and cultural bonds between the people of Ireland and Georgia. I want to thank Taoiseach Brian Cowen and the Irish government for their investment in our state and this region.”

Ireland will become the 62nd nation to operate an office in Atlanta. In the last 12 months, Brazil has opened a consulate in Atlanta, and India is in the process of doing the same. In June 2007, Governor Perdue led a state delegation on a trade mission to Europe that began in Dublin, Ireland. The visit culminated in a meeting with Irish government officials, including then-Taoiseach Bertie Ahern. Additionally, Governor Perdue hosted Irish President Mary McAleese on an official visit in May 2007.

(Photo by Flickr user PhelanRiessen)

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After narrowly passing the state Senate on March 5, Gov. Sonny Perdue’s re-arranging of the deck chairs is scheduled to be debated in the lower chamber perhaps as soon as tomorrow. And whattya know, the members of the lower chamber aren’t taking too much of a shine — that’s Southern-speak for “unhappy with” — to the legislation.

If approved, Senate Bill 200 would create a new transportation agency led by a governor-appointed “secretary” and overseen by an 11-member board. Five board members would be appointed by the governor. The lieutenant governor and House speaker would each appoint three. The legislation would also neuter the Georgia Department of Transportation and turn it into a glorified road maintenance agency. Currently, state lawmakers elect GDOT board members. UPDATE: The AJC today offers dueling guest editorials about the legislation from Senate President Pro Tem Tommie Williams, R-Lyons, and GDOT Board member Brandon Beach.

The whole proposal has some lawmakers flummoxed.

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