hb1289.html
08 LC 25 5172
House Bill 1289
By: Representatives Buckner of the 130th, Reece of the 11th, Gardner of the 57th, and Drenner of the 86th

A BILL TO BE ENTITLED
AN ACT


To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island—State Park Authority, so as to define certain terms; to require the authority to adopt and enforce certain restrictions and requirements on construction of major facilities; to require the authority to impose restrictions and requirements on amounts of impervious surfaces on the island; to require the authority to impose certain restrictions and requirements on landscape irrigation; to impose certain height restrictions on buildings; to require certain restrictions in leases or deeds for certain property on Jekyll Island; to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of gray water systems; to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to provide an effective date; to provide that certain contracts shall not be impaired; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
SECTION 1-1.
Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island—State Park Authority, is amended in Code Section 12-3-231, relating to definitions, by adding new paragraphs to read as follows:
"(1.1) 'Average income' means the state-wide average wages of workers for all industries, as most recently determined and reported by the Georgia Department of Labor."
"(3.1) 'LEED silver standard' means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as silver standard."
"(3.2) 'Lowest rates reasonable and possible' means that:
(A) The annual average daily rate, not including taxes, charged for at least 70 percent of all rooms in all new hotels and motels on the island that are offered for rent to the general public does not exceed the annual average daily rate, not including taxes, charged for a lodge room of the same occupancy among all the following state parks and lodges in the state park system constituted by Code Section 12-3-31: Amicalola Falls, George T. Bagby, Little Ocmulgee, Red Top Mountain, and Unicoi. As used in this subparagraph, the term 'all new hotels and motels' means all hotels and motels constructed on or after the effective date of this paragraph, including but not limited to any hotels or motels constructed to replace hotels or motels that existed previously on the same site; and
(B) Park user fees, if any, do not exceed the highest fees charged for similar uses at state parks in the state park system constituted by Code Section 12-3-31."
"(3.3)(A) 'Major facility project' means a construction or reconstruction project larger than 5,000 gross square feet of occupied or conditioned space.
(B) 'Major facility project' does not include:
(i) Specific projects for which the authority and the project design team agree that the sustainability standards are not practicable; or
(ii) Transmitter buildings, pumping stations, or other similar building types as determined by the authority."
"(7) 'Sustainability standards' means the LEED silver standard or some other building standards that provide environmental and sustainability standards substantially equivalent to or exceeding the LEED silver standard."

SECTION 1-2.
Said part is further amended by adding new Code sections to read as follows:
"12-3-243.2.
(a) Not later than July 1, 2008, the authority shall approve and adopt, and may amend thereafter, sustainability standards.
(b) On and after July 1, 2008, the authority shall not authorize the construction on Jekyll Island of any new major facility the design and construction of which does not meet or exceed the requirements of the sustainability standards of the authority.
12-3-243.3.
On and after the effective date of this Code section, the authority shall not authorize any new or additional development of any lot or parcel of land which would cause more than 15 percent of the area of that portion of the island that is subject to development pursuant to paragraph (1) of subsection (a) of Code Section 12-3-243 to be covered by a surface that is impervious to water.

12-3-243.4.
(a) The authority shall require that golf courses and commercial property in use on Jekyll Island on or after three years following the effective date of this Code section shall use nothing other than gray water for landscape irrigation. Such use shall comply with the requirements of Code Section 31-3-5.2.

12-3-243.5.
On and after the effective date of this Code section, the authority shall not authorize the construction of any new building or reconstruction or modification of any existing building which would result in the highest point of such building exceeding 35 feet above the lowest ground elevation at the site."

SECTION 1-3.
Said part is further amended by revising Code Section 12-3-244, relating to restrictions on sales and leases of subdivided lots on Jekyll Island, as follows:
"12-3-244.
(a) The leasing and sale of subdivided lots shall be under restrictive limitations as to the use, style, and character of the structures allowable thereon and such other limitations as the authority may deem wise. Any and all such restrictions may be incorporated in the leases and deeds as covenants and warranties and may, at the discretion of the authority, provide for termination and forfeiture upon breach. In the event of a breach of any such covenants and warranties, the authority is empowered to take such action as shall further and preserve its own best interest and the best interest of the state.
(b) In addition to any restrictions that may be imposed under subsection (a) of this Code section, all leases or deeds entered into on or after the effective date of this subsection shall prohibit the construction of any new building within the following described area, except to replace a building that existed within such area on such date and that has since been removed: beginning at the point where the eastern right of way of Beach View Drive intersects with the northern boundary of that part of Jekyll Island protected by subparagraph (a)(2)(B) of Code Section 12-3-243, thence generally northward along the eastern right of way of Beach View Drive to its intersection with Clam Creek Road, thence generally northward along the eastern right of way of Clam Creek Road to St. Simons Sound, thence generally northeastward along the shore of St. Simons Sound to the northernmost point of Jekyll Island, thence generally southward along the Atlantic Ocean shore of Jekyll Island to the point where such shore intersects the northern boundary of that part of Jekyll Island protected by subparagraph (a)(2)(B) of Code Section 12-3-243, thence generally westward along the northern boundary of that part of Jekyll Island protected by subparagraph (a)(2)(B) of Code Section 12-3-243 to the point of beginning, with all of said rights of way being as such existed on the effective date of this subsection. Such leases and deeds shall provide, further, that the ground level width and length of any such replacement building within such area shall not exceed those ground level dimensions of the building that was replaced. Such restrictions shall be incorporated in the leases and deeds as covenants and warranties, and the same shall provide for termination and forfeiture upon breach. In the event of a breach of such covenant and warranty, the authority shall take such action to preserve its own best interest and the best interest of the state."

PART II
SECTION 2-1.
Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, is amended by revising Code Section 8-2-21, relating to adoption and continuation of state minimum standard codes and enforcement thereof, as follows:
"8-2-21.
(a) Except as otherwise provided in subsection (b) of this Code section, enforcement Enforcement of the state minimum standard codes provided for in divisions (9)(A)(i) and (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when:
(1) Any provision of an appendix is specifically referenced in the code text;
(2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or
(3) An appendix to a code is specifically adopted by the department with the approval of the board.
(b) Enforcement of the state minimum standard codes provided for in division (9)(B)(i) of Code Section 8-2-20 shall include enforcement of Appendix C (Gray Water Recycling Systems) of the Standard Plumbing Code (SBCCI International Plumbing Code) 2000 Edition, or such other version of a gray water recycling systems appendix adopted pursuant to paragraph (3) of subsection (a) of this Code section, along with any amendments to the plumbing code which are necessary to allow for utilization of gray water recycling systems in accordance with such appendix. Use of gray water recycling systems for landscape irrigation which meet applicable design requirements of such plumbing code and appendix shall be permitted by a municipality or county, subject to the provisions of Code Section 31-3-5.1."

SECTION 2-2.
Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by adding a new Code section to read as follows:
"31-3-5.2.
(a) As used in this Code section, the term 'gray water' means waste water discharged from lavatories, bathtubs, showers, clothes washers, and laundry trays.
(b) Direct reuse of gray water shall be lawful if the following conditions are met:
(1) Gray water shall be used and contained within the property boundary for household gardening, composting, lawn watering, or landscape irrigation;
(2) If a gray water recycling system of plumbing is used, it shall meet or exceed the requirements under subsection (b) of Code Section 8-2-21;
(3) Surface application of gray water shall not be used for irrigation of food plants, except for citrus and nut trees;
(4) The gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of chemical waste solutions;
(5) The application of gray water shall be managed to minimize standing water on the surface;
(6) Any gray water recycling system shall be sited outside of a floodway;
(7) Any gray water recycling system of plumbing shall be operated to maintain a minimum vertical separation distance of at least five feet from the point of gray water application to the top of the seasonally high groundwater table;
(8) Gray water applied by surface irrigation shall not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and
(9) Surface irrigation by gray water shall be only by flood or drip irrigation or by hand watering using garden watering cans or similar hand-held containers.
(c) The following shall be prohibited:
(1) Use of gray water in violation of subsection (b) of this Code section;
(2) Use of gray water for purposes other than irrigation; and
(3) Spray irrigation of gray water.
Any violation of this subsection shall be a misdemeanor.
(d) County boards of health shall adopt the provisions of subsection (b) of this Code section by regulation."

SECTION 2-3.
Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by revising paragraph (12) as follows:
"(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, gray water recycling systems, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term 'plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, gray water recycling, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system."

PART III
SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3-2.
Nothing in this Act shall be applied to impair the obligation of any valid contract entered into prior to the effective date of this Act; provided, however, that this Act shall apply to any extension or renewal of any such contract on or after such date.
SECTION 3-3.
All laws and parts of laws in conflict with this Act are repealed.