06 LC
25 4366
Senate
Bill 575
By:
Senators Harp of the 29th, Hooks of the 14th, Thomas of the 54th, Heath of the
31st, Grant of the 25th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to the Metropolitan North Georgia Water Planning District,
so as to change certain provisions relating to a water supply and water
conservation management plan for the district; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
10 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to the Metropolitan North Georgia Water Planning District, is amended by
striking Code Section 12-5-584, relating to water supply and water conservation
management plan for the district, and inserting in lieu thereof the
following:
"12-5-584.
(a)
Within two years after May 1, 2001, unless such time period is extended by
majority vote of the board, the district shall prepare a water supply and water
conservation management plan. The plan shall build upon and be coordinated with
existing watershed planning efforts undertaken by local governments in the
district area and plans otherwise developed by the state. After receipt of
public comments, the district shall approve the plan which shall meet all
standards established by the director, and the plan shall include the following
minimum elements:
(1)
A description of current water supply resources within the district and
potential limitations on such supply resources;
(2)
Projected water supply requirements over a 20 year period for the district,
including projections given differing population, consumption, and conservation
scenarios;
(3)
Identification of opportunities to expand water supply resources which are found
within the district as it was defined on May 1, 2001;
(4)
An accounting of existing transfers of surface waters in excess of 100,000
gallons per day on an annualized basis across natural basins within the
district;
(5)
A water conservation program including voluntary measures, best management
practices, and measures enforceable through local ordinances.
(6)
Education and public awareness measures regarding water conservation;
and
(7)
Establishment of short-term and long-term goals to be accomplished by the plan
and measures for the assessment of progress in accomplishing such goals and
plan.
(b)(1)
The district shall review the water supply and water conservation management
plan developed under this Code section and its implementation annually to
determine whether there is a need to update such plan and shall report to the
director the progress of implementation of its goals, and in any case the
district shall prepare an updated water supply and water conservation management
plan no less frequently than every five years after approval of the initial
plan.
(2)(A)
Not later than January 1, 2007, the water supply and water conservation
management plan shall be updated to provide that whenever any residential or
commercial building within the district is sold or exchanged pursuant to
contract entered into on or after such date, water system service shall not be
supplied to such building by a local government or local government authority if
such building is of any type which:
(i)
Employs any gravity tank-type, flushometer-valve, or flushometer-tank toilet
that uses more than an average of 1.6 gallons of water per flush;
(ii)
Employs any shower head that allows a flow of more than an average of 2.5
gallons of water per minute at 60 pounds per square inch of
pressure;
(iii)
Employs any urinal that uses more than an average of 1.0 gallon of water per
flush;
(iv)
Employs any lavatory faucet or lavatory replacement aerator that allows a flow
of more than 2.0 gallons of water per minute; or
(v)
Employs any kitchen faucet or kitchen replacement aerator that allows a flow of
more than 2.5 gallons of water per minute.
(B)
The updated plan shall provide exemptions to the requirements of subparagraph
(A) of this paragraph but only under the following conditions:
(i)
When such plumbing or sewage system within such existing building, because of
its capacity, design, or installation, would not function properly if the
toilets, faucets, or shower heads required by subparagraph (A) of this paragraph
were installed; or
(ii)
When the plumbing units are:
(I)
Specifically designed for use by persons with disabilities;
(II)
Specifically designed to withstand unusual abuse or installation in a penal
institution; or
(III)
Toilets for juveniles.
The
updated plan shall provide procedures and requirements to apply for any
exemption authorized by this subparagraph.
(C)
The updated plan shall provide that if a new owner of a building applies to
establish an account for water system service for such building and at the time
of such application the building does not meet the requirements of subparagraph
(A) of this paragraph and is not exempt under subparagraph (B) of this
paragraph, then the local government or local government authority or an agent
or contractor thereof shall retrofit the building with the requisite plumbing
fixtures for purposes of eliminating all deficiencies identified pursuant to
subparagraph (A) of this paragraph. The cost of such retrofitting shall be
borne by the local government or local government authority and thereafter
reimbursed thereto by the imposition of a monthly surcharge on the amount due on
the account for water system service for such building, which monthly surcharge
shall not exceed 10 percent of the balance due for water system service. Such
surcharge shall continue to be imposed on any water system service account for
the building until all retrofitting costs for such building, plus interest at
the legal rate of interest, have been reimbursed to the local government or
local government authority; provided, however, that if ownership of the building
subsequently changes before all such costs and interest have been reimbursed,
the unpaid balance shall constitute unpaid charges for water service and the
provisions of Code Section 36-60-17 shall apply.
(c)
The district shall hold public meetings concerning any plan developed by the
district under subsection (a) of this Code section and shall publish for public
notice and comment any proposed approval, disapproval, or conditional approval
of any such plan.
(d)(1)
Local governments within the district shall implement the provisions of the
district plans that apply to them. Should any jurisdiction fail to do so, the
director may exercise his or her powers pursuant to this chapter.
(2)
Upon the
district́s
approval of the plan, the director may modify all existing permits under Code
Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5-179 to make them
consistent with the plan. The director may include as a condition in any
issued, modified, or renewed permit to any local government under Code Section
12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 the applicable contents
of the district plan.
(3)
The director shall not approve any application by a local government in the
district to issue, modify, or renew a permit under Code Section 12-5-29,
12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an
increase in the water withdrawal, public water system capacity, or waste-water
treatment system capacity of such local government, unless such local government
is in compliance with the applicable provisions of the plan or the director
certifies that such local government is making good faith efforts to come into
compliance.
(4)
Any local government that fails to adopt and implement the applicable plans
developed by the district under this Code section shall be ineligible for state
grants or loans for water supply and conservation projects determined by the
director to be inconsistent with such plans. The determination of the director
may be appealed by the local government to the board, whose decision by majority
vote shall be final.
(e)
The water supply and water conservation management plan shall be approved by the
district only after certification by the director that the proposed plan is
consistent with the standards established by the director for such
plan.
(f)
The district shall neither study nor include in any plan any interbasin transfer
of water from outside the district
area."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.