08
HB1281/AP
House
Bill 1281 (AS PASSED HOUSE AND SENATE)
By:
Representatives England of the
108th,
McCall of the
30th,
Roberts of the
154th,
Hanner of the
148th,
Ehrhart of the
36th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to water resources, so as to provide that local governments may impose
additional restrictions on outdoor water use for good cause shown; to provide
for local emergency restrictions on outdoor water use; to provide an exemption
from certain penalties; to provide that political subdivisions may be exempted
from outdoor watering restrictions for good cause shown; to provide for
automatic repeal; to prohibit placing certain restrictions on use of surface
water for swimming pools; to prohibit placing certain restrictions on use of
ground water for swimming pools; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, is amended by adding new Code sections to read as
follows:
"12-5-7.
(a)(1)
Any political subdivision of this state or local government authority may, upon
application to and approval by the director of the Environmental Protection
Division of the department for good cause shown, impose more stringent
restrictions on outdoor water use during periods of drought than those
applicable restrictions, if any, imposed by the state. For purposes of this
subsection, 'good cause' means evidence sufficient to support a reasonable
conclusion, considering available relevant information, that such additional
restrictions are necessary and appropriate to avoid or relieve a local water
shortage. A variance granted pursuant to this subsection shall be valid for
such period as determined by the director.
(2)
Paragraph (1) of this subsection shall not prohibit a political subdivision or
local government authority from imposing more stringent restrictions on outdoor
water use in case of an emergency which immediately threatens the public health,
safety, or welfare; provided, however, that such emergency restrictions shall be
valid for a period not exceeding seven days unless a variance is granted by the
director pursuant to paragraph (1) of this subsection. If the director
determines that a political subdivision or local government authority is
exercising emergency powers granted by this paragraph in a manner to circumvent
the necessity of obtaining such a variance, he or she may suspend the emergency
powers granted by this paragraph to such political subdivision or local
government authority.
(3)
In the event that a political subdivision of this state or local government
authority is unable to satisfy reduced water consumption or other permit
requirements under its water withdrawal or operating permit due to its inability
under this subsection to impose more stringent restrictions on outdoor water use
during periods of drought than those applicable restrictions, if any, imposed by
the state, such political subdivision or local government authority shall be
exempt from fines, sanctions, or other penalties applicable for such failure
upon the approval of the director of the Environmental Protection Division of
the department. The director shall consider all measures implemented by such
political subdivision or local government authority prior to issuing fines,
sanctions, or other penalties applicable, if any, for such failure. The
political subdivision or local government authority shall notify the director of
the Environmental Protection Division of the department within ten business days
following the discovery of such failure. The director may request additional
information at any time to substantiate such a claim.
(b)
Any political subdivision of this state or local government authority may apply
for and, upon approval by the director of the Environmental Protection Division
of the department for good cause shown, shall be granted an exemption from
nonstatutory outdoor watering restrictions or water use reductions imposed by
the state. For purposes of this subsection, 'good cause' means evidence
sufficient to support a reasonable conclusion, considering available relevant
information, that such restrictions, reductions, or both are not necessary and
appropriate to avoid or relieve a local water shortage. A variance granted
pursuant to this subsection shall be valid for such period as determined by the
director.
(c)
The director shall render a decision on an application made by a political
subdivision or local government authority under subsection (a) or (b) of this
Code section within five business days after receipt thereof.
(d)
This Code section shall stand repealed and reserved on July 1,
2010.
12-5-8.
Not
later than June 30, 2009, the board shall adopt new rules and regulations
relating to drought management consistent with this chapter and any state-wide
water management plan under Article 8 of this chapter. Such rules and
regulations shall include but not be limited to provisions for a drought
response committee; drought indicators and triggers; a drought declaration
process; and state and local predrought mitigation strategies and drought
response strategies. Such predrought mitigation strategies shall be designed to
minimize the potential effects of drought. Such drought response strategies
shall be measures or actions to be implemented during various stages of drought.
Such rules and regulations shall replace any previous drought management plan
adopted by the board and shall be revised from time to time as the board deems
appropriate."
SECTION
2.
Said
chapter is further amended in subsection (l) of Code Section 12-5-31, relating
to permits for withdrawal, diversion, or impoundment of surface waters generally
and for farm uses and monitoring, recording, and reporting water withdrawals, by
deleting "and" at the end of paragraph (4) and adding a new paragraph to read as
follows:
"(4.1)
The use of surface water for any swimming pool shall be deemed not to be outdoor
water use for purposes of any outdoor watering restrictions if failure to
maintain the swimming pool would create unsafe, unsanitary, or unhealthy
conditions affecting the public health or welfare; and "
SECTION
3.
Said
chapter is further amended in Code Section 12-5-102, relating to emergency
orders, hearing, and appeal, by adding a new subsection to read as
follows:
"(e)
The use of ground water for any swimming pool shall be deemed not to be outdoor
water use for purposes of any outdoor watering restrictions if failure to
maintain the swimming pool would create unsafe, unsanitary, or unhealthy
conditions affecting the public health or welfare."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.