06 LC
25 4236
House
Bill 1203
By:
Representatives Benfield of the
85th,
Willard of the
49th,
Amerson of the
9th,
Lindsey of the
54th,
Buckner of the
130th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-7-7 of the Official Code of Georgia Annotated, relating to
permit or notice of intent required for land-disturbing activities, approval of
application and issuance of permit, denial of permit, and bond requirement, so
as to require that certain land disturbance fees paid to the Environmental
Protection Division shall be deposited into a newly created nonlapsing trust
fund to be used for administration of certain provisions relating to control of
soil erosion and sedimentation; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-7-7 of the Official Code of Georgia Annotated, relating to permit or
notice of intent required for land-disturbing activities, approval of
application and issuance of permit, denial of permit, and bond requirement, is
amended by striking subsection (d) and inserting in lieu thereof the
following:
"(d)(1)
Fees assessed pursuant to paragraph (5) of subsection (a) of Code Section
12-5-23 shall be calculated and paid by the primary permittee as defined in the
state general permit for each acre of land-disturbing activity included in the
planned development or each phase of development.
(2)
In a jurisdiction that is certified pursuant to subsection (a) of Code Section
12-7-8, half of any such fees levied shall be submitted by the applicant to the
local issuing authority and half of such fees shall be submitted to the
division; except that any and all fees due from an entity which is required to
give notice pursuant to paragraph (9) or (10) of Code Section 12-7-17 shall be
submitted in full to the division, regardless of the existence of a local
issuing authority in the jurisdiction. In a jurisdiction where there is no
local issuing authority, the full fee shall be submitted to the
division.
(3)
Fees assessed pursuant to paragraph (5) of subsection (a) of Code Section
12-5-23 and paid to the division under this subsection shall not be deposited
into the general fund of the state treasury but instead shall be deposited into
a trust fund. The director shall serve as trustee of such trust fund. The
corpus of the trust fund and any earnings thereon shall be expended by the
director only for the purpose of administering this chapter. Any funds
remaining in the trust fund at the end of any fiscal year shall not lapse but
shall be retained for use in accordance with the purpose of the
fund."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.