HB 768 - Safe Dams Act; definitions; extend certain exemption

Georgia House of Representatives - 1995/1996 Sessions

HB 768 - Safe Dams Act; definitions; extend certain exemption

Page Numbers - 1/ 2
Prev Bill Next Bill Bill Summary Bill List Disclaimer
1. Dobbs  92nd            2. Lane  146th             3. Childers  13th
4. Smyre  136th           5. Parrish  144th

House Comm: NatR / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/16/95 Read 1st Time 2/17/95 Read 2nd Time 2/28/95 Favorably Reported Sub Committee Amend/Sub 3/17/95 Recommitted ---------------------------------------- Code Sections amended: 12-5-372
HB 768 LC 18 6893S A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 12-5-372 of the Official Code of 1- 2 Georgia Annotated, relating to definitions relative to the 1- 3 "Georgia Safe Dams Act of 1978," so as to extend a certain 1- 4 exemption from such Act under certain circumstances; to 1- 5 repeal conflicting laws; and for other purposes. 1- 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1- 7 Code Section 12-5-372 of the Official Code of Georgia 1- 8 Annotated, relating to definitions relative to the "Georgia 1- 9 Safe Dams Act of 1978," is amended by striking in its 1-10 entirety subparagraph (B) of paragraph (4) and inserting in 1-11 lieu thereof the following: 1-12 "(B) The word 'dam' shall not include: 1-13 (i) Any dam owned and operated by any department or 1-14 agency of the United States government; 1-15 (ii) Any dam constructed or financially assisted by 1-16 the United States Soil Conservation Service or any 1-17 other department or agency of the United States 1-18 government when such department or agency designed 1-19 or approved plans and supervised construction and 1-20 maintains a regular program of inspection of the 1-21 dam; provided, however, that this exemption shall 1-22 cease on November 1, 1995 2000, only if funds are 1-23 specifically appropriated on or before November 1, 1-24 1995, for purposes of inspection, reconstruction, 1-25 and financial assistance with respect to such dams 1-26 in an appropriations Act making specific reference 1-27 to this division; otherwise this exemption shall 1-28 cease on November 1, 1995, for all such dams over 1-29 which the supervising federal agency has 1-30 relinquished authority for the operation and 1-31 maintenance of such a dam to a person unless the 1-32 supervising federal agency certifies by said date 1-33 and at least biannually thereafter to the director -1- (Index) LC 18 6893S 2- 1 that such dams are in compliance with requirements 2- 2 of this part, including minimum spillway design, and 2- 3 with the maintenance standards of the supervising 2- 4 federal agency; 2- 5 (iii) Any dam licensed by the Federal Energy 2- 6 Regulatory Commission, or for which a license 2- 7 application is pending with the Federal Energy 2- 8 Regulatory Commission; 2- 9 (iv) Any dam classified by the director as a 2-10 category II dam pursuant to Code Section 12-5-375, 2-11 except that such category II dams shall be subject 2-12 to the provisions of this part for the purposes of 2-13 said Code Section 12-5-375 and for the purposes of 2-14 subsection (b) of Code Section 12-5-376; or 2-15 (v) Any artificial barrier which is not in excess of 2-16 six feet in height regardless of storage capacity, 2-17 or which has a storage capacity at maximum water 2-18 storage elevation not in excess of 15 acre-feet 2-19 regardless of height." SECTION 2. 2-20 All laws and parts of laws in conflict with this Act are 2-21 repealed. -2- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97