08 LC
25 4988
House
Bill 954
By:
Representatives Smith of the
70th,
Ehrhart of the
36th,
McCall of the
30th,
Royal of the
171st,
and England of the
108th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating
to procedural requirements for adoption, amendment, or repeal of rules,
emergency rules, limitation on actions to contest rules, and legislative
override, so as to change certain exemptions from legislative override; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-13-4 of the Official Code of Georgia Annotated, relating to
procedural requirements for adoption, amendment, or repeal of rules, emergency
rules, limitation on actions to contest rules, and legislative override, is
amended by revising subsections (g) and (i) as follows:
"(g)(1)
Subsection (f) of this Code section shall not apply to the Environmental
Protection Division of the Department of Natural Resources
as to any rule
for which, as part of the notice required by paragraph (1) of subsection (a) of
this Code section, the director of the division certifies that such rule is
required for compliance with federal statutes or
regulations, but paragraph (2) of this
subsection shall apply to the Environmental Protection Division of the
Department of Natural Resources
as to any rule
so certified. As part of such certification, the director shall cite the
specific section or sections of federal statutes or regulations with which the
proposed rule is intended to comply. General references to the name or title of
a federal statute or regulation shall not suffice for the purposes of this
paragraph. Any proposed rule or rules that are subject to this paragraph shall
be noticed separately from any proposed rule or rules that are not subject to
this paragraph.
(2)
In the event the
chairman
chairperson
of any standing committee to which a proposed rule
relative to
the Environmental Protection Division of the Department of Natural
Resources
certified by
the director of the division pursuant to paragraph (1) of this
subsection is assigned notifies the
agency
director
that the committee objects to the adoption of the rule or has questions
concerning the purpose, nature, or necessity of
the
such
rule, it shall be the duty of the
agency
director
to consult with the committee prior to the adoption of the
rule."
"(i)
This Code section shall not apply to any comprehensive state-wide water
management plan or revision thereof prepared by the Environmental Protection
Division of the Department of Natural Resources and proposed, adopted, amended,
or repealed pursuant to Article 8 of Chapter 5 of Title
12; provided,
however, that this Code section shall apply to any rules or regulations
implementing such a
plan."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.