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HB 185 - Underground storage tanks; trust fund; fees; EPD's powers

Hanner, Robert P (159th)	Royal, A. Richard (164th)	Rogers, Carl (20th)

Status Summary	HC:	NatR	SC:	Nat R	FR:	01/25/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to provide additional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund; and for other purposes.

HB 185                                             LC 21 5198 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 13 of Title 12 of the Official Code of 
  1- 2  Georgia Annotated, the "Georgia Underground Storage Tank 
  1- 3  Act," so as to provide additional powers of the director of 
  1- 4  the Environmental Protection Division of the Department of 
  1- 5  Natural Resources; to provide for the repayment of certain 
  1- 6  funds paid into the Underground Storage Tank Trust Fund; to 
  1- 7  provide for the calculation of the balance of environmental 
  1- 8  assurance fees in such trust fund; to provide for an 
  1- 9  effective date; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 13 of Title 12 of the Official Code of Georgia 
  1-14  Annotated, the "Georgia Underground Storage Tank Act," is 
  1-15  amended by striking in its entirety paragraph (11) of 
  1-16  subsection (a) of Code Section 12-13-6, relating to the 
  1-17  powers and duties of the director of the Environmental 
  1-18  Protection Division of the Department of Natural Resources, 
  1-19  and inserting in lieu thereof the following: 
 
  1-20      "(11) To accept, receive, administer, or disperse funds 
  1-21      obtained from bond issues of the state or authorities of 
  1-22      the state or from general appropriations or grants from 
  1-23      public or private sources for the purpose of proper 
  1-24      administration of this chapter or for carrying out any 
  1-25      of the duties, powers, or responsibilities under this 
  1-26      chapter, to enter into such agreements as the director 
  1-27      deems appropriate to accomplish such purpose, and to 
  1-28      repay such funds when the terms of the grant, bond 
  1-29      issue, or general appropriation require repayment;" 
 
  1-30                           SECTION 2. 
 
  1-31  Said chapter is further amended by striking the word "and" 
  1-32  at the end of paragraph (5) of subsection (f) of Code 
  1-33  Section 12-13-9, relating to the establishment of financial 
  1-34  responsibility relative to the Underground Storage Tank 
 
 
                                 -1- 
 
 
 
  2- 1  Trust Fund; by striking the symbol "." at the end of 
  2- 2  paragraph (6) of said subsection and inserting in lieu 
  2- 3  thereof the symbol and word "; and"; and by inserting 
  2- 4  immediately following paragraph (6) of said subsection a new 
  2- 5  paragraph to read as follows: 
 
  2- 6      "(7) To provide repayments for any grant, general 
  2- 7      appropriation, or bond issue as are authorized by 
  2- 8      general law which are advanced to the principal of the 
  2- 9      Underground Storage Tank Trust Fund to accomplish any of 
  2-10      the purposes enumerated in paragraphs (1) through (6) of 
  2-11      this subsection when the terms of the grant, 
  2-12      appropriation, or bond issue requires such repayment." 
 
  2-13                           SECTION 3. 
 
  2-14  Said chapter is further amended by striking in its entirety 
  2-15  subsection (b) of Code Section 12-13-10, relating to 
  2-16  environmental assurance fees, and inserting in lieu thereof 
  2-17  the following: 
 
  2-18    "(b) Environmental assurance fees as specified in 
  2-19    subsection (a) of this Code section shall be paid into the 
  2-20    trust fund until the unobligated principal balance of the 
  2-21    environmental assurance fees contained in the trust fund 
  2-22    equals or exceeds $50 million, regardless of the total 
  2-23    balance of the trust fund, at which time no environmental 
  2-24    assurance fees shall be levied unless the unobligated 
  2-25    balance of environmental assurance fees in the trust fund 
  2-26    is less than or equal to an unobligated balance of $30 
  2-27    million, in which case the collection of the environmental 
  2-28    assurance fee will resume within 180 days following the 
  2-29    end of the month in which such unobligated balance of 
  2-30    environmental assurance fees occurs. No funds paid into 
  2-31    the trust fund from any source other than the 
  2-32    environmental assurance fees shall be considered in 
  2-33    calculating either the $50 million or $30 million balance 
  2-34    of environmental assurance fees in the trust fund as 
  2-35    provided in this subsection." 
 
  2-36                           SECTION 4. 
 
  2-37  This Act shall become effective upon its approval by the 
  2-38  Governor or upon its becoming law without such approval. 
 
  2-39                           SECTION 5. 
 
  2-40  All laws and parts of laws in conflict with this Act are 
  2-41  repealed. 
 
 
 
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