05 LC
25 3890
House
Bill 510
By:
Representatives Smith of the
113th,
Crawford of the
127th,
Mosley of the
178th,
and Williams of the
165th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to change certain provisions relating to acquisition and
construction of water and sewage systems; to prohibit counties and
municipalities from requiring connection with or use of water supplied by a
public water system except when other water is unfit; to prohibit counties and
municipalities from requiring connection with or use of a public system to
dispose of sewage or other waste products in certain cases; to prohibit charges
or fees for services made available but not used; to provide a grace period for
repairs; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended striking Code Section 36-34-5, relating to acquisition and construction
of water and sewage systems, and inserting in lieu thereof the
following:
"36-34-5.
In
addition to the other powers which it may have, any municipal corporation shall
have the power under this chapter:
(1)
To acquire by gift, by purchase, or by the exercise of the right of eminent
domain, to construct, to reconstruct, to improve, to better, and to extend any
water system or sewage system, or both, within the municipal
corporation;
(2)
To acquire by gift, by purchase, or by the exercise of the right of eminent
domain any lands, easements, rights in lands, and water rights in connection
therewith;
(3)
To operate and maintain any such systems for its own use and for public and
private persons within the territorial boundaries of the municipal corporation
who use the system
or to whom
the system is made available at the property owned by such
persons; and
(4)
To prescribe, revise, and collect rates, fees, tolls, or charges for the
services, facilities, or commodities furnished to persons or users
or made
available by such systems to the property owner at such
owneŕs
property. When services are available but not used, the maximum rates, fees,
tolls, or other charges imposed shall not exceed the minimum charge or fee
imposed on a user of such
system."
SECTION
2.
Said
title is further amended by adding a new Code section to read as
follows:
"36-60-17.1.
(a)
No county or municipality shall require connection with or use of water supplied
by a public water system where an existing private or community well serves the
premises, except where necessary to preclude the use of water obtained from such
source that is demonstrably unfit for human consumption or other intended use;
nor shall it require any real property owner whose existing water lines are not
connected with such public water system to pay any charge or fee for water
supply services made available but not used.
(b)
No county or municipality shall require connection with or use of a public
system to dispose of sewage where an existing on-site sewage management system
or community sewage treatment system serves the premises and is in compliance
with all laws, rules, and regulations governing design, siting, installation,
and performance of such on-site or community system; nor shall it require any
real property owner whose premises are not connected with such public sewer
system to pay any charge or fee for sewage system services made available but
not used.
(c)
The owner or operator of any private or community well or sewage management
system which is not in compliance for purposes of this Code section shall be
allowed a period of 30 days in which to bring such system into compliance before
requiring connection of the premises served by such well or sewage system with a
public water system or public sewer
system."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.