06 LC
25 4478S
The
Senate Natural Resources and the Environment Committee offered the following
substitute to SB 575:
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, subject to the provisions of
subparagraphs (B) and (C) of this paragraph, water system service shall not be
supplied by a local government or local government authority to any residential
or commercial building that is not otherwise subject to the requirements of Code
Section 8-2-3 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)
Subparagraph (A) of this paragraph shall apply:
(i)
In 2007 to all water system service accounts that are among the oldest 10
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(ii)
In 2008 to all water system service accounts that are among the oldest 20
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(iii)
In 2009 to all water system service accounts that are among the oldest 30
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(iv)
In 2010 to all water system service accounts that are among the oldest 40
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(v)
In 2011 to all water system service accounts that are among the oldest 50
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(vi)
In 2012 to all water system service accounts that are among the oldest 60
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(vii)
In 2013 to all water system service accounts that are among the oldest 70
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(viii)
In 2014 to all water system service accounts that are among the oldest 80
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3;
(ix)
In 2015 to all water system service accounts that are among the oldest 90
percent of all active water system service accounts for residential and
commercial buildings that are not otherwise subject to the requirements of Code
Section 8-2-3; and
(x)
In 2016 to all water system service accounts for residential and commercial
buildings that are not otherwise subject to the requirements of Code Section
8-2-3.
(C)
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;
(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; or
(iii)
When the building is listed on the National Register of Historic Places, the
building is listed on a state historic register authorized by general law, the
building is designated by local ordinance as a historic property pursuant to
Code Section 44-10-26, or the owner offers other satisfactory evidence that the
building has significant historical or cultural value.
The
updated plan shall provide procedures and requirements to apply for any
exemption authorized by this subparagraph.
(D)
The current account holder for water system service may provide written consent
for the local government or local government authority to arrange for a private
contractor thereof to retrofit a building with the requisite plumbing fixtures
for purposes of eliminating all deficiencies identified pursuant to subparagraph
(A) of this paragraph and perform no other services or fulfill no other duties
on behalf of the local government in connection therewith; provided, however,
that if the account holder is not the owner of the building, then the owner of
the building must also provide written consent for purposes of this
subparagraph. If such consent is granted to a local government or local
government authority, such retrofitting shall be performed thereby; and the cost
of such retrofitting shall be borne initially by the local government or local
government authority and shall thereafter be reimbursed by the account holder
through the imposition of a monthly surcharge on the amount otherwise due on the
account for water system service for such building, which monthly surcharge
shall not exceed 10 percent of the balance otherwise due for water system
service if ten or fewer households or buildings are serviced under the same
account; shall not exceed 5 percent of the balance otherwise due if at least ten
but fewer than 20 households or buildings are serviced under the same account;
or shall not exceed 2 percent of the balance otherwise due if at least 20
households or buildings are serviced under the same account. Such surcharge
shall continue to be imposed against the consenting account holder 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 the account holder for water system
service subsequently changes after such retrofitting but before all such costs
and interest have been reimbursed, the unpaid balance shall not constitute
unpaid charges for water service but shall continue to be assessed against
subsequent account holders for the same building until such time as all such
costs and interest have been reimbursed.
(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.