08 LC
25 5131S (SCS)
Senate
Bill 351
By:
Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th,
Williams of the 19th, Smith of the 52nd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to comprehensive state-wide water management planning, so as
to provide for a joint State-wide Water Planning Oversight Committee and the
members, powers, and duties thereof; to provide procedures for legislative
override of certain rules and regulations; 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 action
to contest rules, and legislative override, so as to change certain provisions
relating to 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.
Article
8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to comprehensive state-wide water management planning, is amended by adding a
new Code section to read as follows:
"12-5-526.
(a)(1)
There is created as a joint committee of the General Assembly the State-wide
Water Planning Oversight Committee, to be composed of three members of the
Senate appointed by the President of the Senate, the chairperson of the Senate
Natural Resources and the Environment Committee, three members of the House of
Representatives appointed by the Speaker of the House, and the chairperson of
the House Committee on Natural Resources and Environment. The members of the
oversight committee shall serve two-year terms concurrent with their terms as
members of the General Assembly. During even-numbered years, the chairperson of
the Senate Natural Resources and the Environment Committee shall serve as
chairperson of the oversight committee, and the chairperson of the House
Committee on Natural Resources and Environment shall serve as vice chairperson
of the oversight committee. During odd-numbered years, the chairperson of the
House Committee on Natural Resources and Environment shall serve as chairperson
of the oversight committee, and the chairperson of the Senate Natural Resources
and the Environment Committee shall serve as vice chairperson of the oversight
committee. Any vacancy in an appointed member´s position shall be filled
for the unexpired term in the same manner as the original appointment. Initial
appointments shall be made not later than July 1, 2008.
(2)
The oversight committee shall advise the General Assembly regarding the
implementation of any state-wide water management plan under this article. The
committee shall meet upon the call of the chairperson.
(b)
For purposes of subsection (e) of Code Section 50-13-4, the oversight committee
shall serve as the appropriate standing committee for both the Senate and the
House of Representatives in regard to any rules or regulations to implement any
state-wide water management plan under this article or otherwise pertaining to
water quantity management, water demand management, water return management,
water supply management, water quality management, enhanced water quality
standards and monitoring practices, enhanced water pollution control management
practices, regional water planning, or drought management if such rules or
regulations are not required for compliance with federal statutes or regulations
or to exercise certain powers delegated by the federal government to the state
to implement federal statutes or regulations.
(c)
Subsections (f) and (g) of Code Section 50-13-4 shall not apply to any rules or
regulations that are subject to this Code section.
(d)
In the event the oversight committee, after consultation with the director,
files an objection to a proposed rule or regulation with the chairperson of the
Board of Natural Resources prior to the board´s taking action on the
proposed rule or regulation, then the same shall be stayed. Thereafter, by
introduction of a resolution in either the Senate or the House of
Representatives within the first 30 days of the next regular session of the
General Assembly, the objection may be considered for ratification by joint
resolution of the General Assembly. Upon such a resolution being introduced in
or transmitted to either house, the presiding officer shall refer the resolution
to the natural resources committee thereof, and the chairperson of the committee
shall call and conduct a committee meeting for purposes of hearing testimony
from the department and other interested persons, entertaining motions, and
taking action on the resolution not more than five days after the resolution was
referred to the committee. The department shall be given written notice of the
committee meeting not less than 24 hours in advance thereof. If the resolution
is reported out of committee, then such resolution shall be placed on the
calendar and put upon its adoption not more than five days after being reported
out of committee. In the event such a resolution is adopted by the requisite
constitutional majority in either body of the General Assembly, it shall be
immediately transmitted to the other body of the General Assembly, and the same
procedures and time limits shall apply. If a resolution ratifying the objection
is adopted by the requisite constitutional majority in the House of
Representatives and the Senate, the resolution shall be submitted to the
Governor for his or her approval or veto. If such a resolution ratifying the
objection becomes law with or without the Governor´s approval on or before
July 1 next following the regular session of the General Assembly, the proposed
rule shall not become effective; otherwise, the proposed rule shall become
effective on said July 1."
SECTION
2.
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 action to contest rules, and legislative override, is
amended by adding a new subsection to read as follows:
"(g.1)
Subsections (f) and (g) of this Code section shall not apply to any rules or
regulations to implement any state-wide water management plan under Article 8 of
Chapter 5 of Title 12 or otherwise pertaining to water quantity management,
water demand management, water return management, water supply management, water
quality management, enhanced water quality standards and monitoring practices,
enhanced water pollution control management practices, regional water planning,
or drought management if such rules or regulations are not required for
compliance with federal statutes or regulations or to exercise certain powers
delegated by the federal government to the state to implement federal statutes
or regulations. Any rules or regulations that are exempt from subsections (f)
and (g) of this Code section pursuant to this subsection shall be subject to
legislative objection and override as provided by Code Section
12-5-526."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.