08 LC
21 9908S
The
House Committee on Natural Resources and Environment offers the following
substitute to SB 367:
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 extend the duration and scope of regulation of
various coastal area constructions; to amend Code Section 12-3-243 of the
Official Code of Georgia Annotated, relating to subdivision, improvement, lease,
or sale of Jekyll Island and related matters, so as to provide for certain
protection from development; to provide an effective date; to provide for
applicability; 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 revising Code Section 12-5-329, relating to automatic
repeal of the Georgia Coastal Management Act, as follows:
"12-5-329.
Unless
reestablished or continued by the General Assembly, this part shall stand
repealed in its entirety on July 1, 2009
Reserved."
SECTION
2.
Code
Section 12-3-243 of the Official Code of Georgia Annotated, relating to
subdivision, improvement, lease, or sale of Jekyll Island and related matters,
is amended by adding a new paragraph to subsection (a) to read as
follows:
"(1.1)
The following described area on Jekyll Island shall be considered part of the
improved and developed land area of the island authorized by paragraph (1) of
this subsection; but such following described area shall be free and open to the
general public, and no additional project, development, or other improvement
shall be constructed or made within such following described area on or after
the effective date of this paragraph, except for public picnic tables,
bathhouses, and restrooms: beginning on the eastern right of way of Beach View
Drive at a point due east of the northernmost point of the convention center,
thence northward along the eastern right of way of Beach View Drive until it
reaches a point on such right of way which is due east from the centerline at
the eastern end of Old Shell Road, thence due east to the Atlantic Ocean, thence
southward along the Atlantic Ocean shore to a point due east of the point of
beginning, thence due west to the point of beginning. This paragraph shall not
prohibit the maintenance or repair of improvements existing within such
described area as of the effective date of this paragraph. For purposes of the
area described by this paragraph, the roads, rights of way, and convention
center specified shall be as the same existed on January 1,
2008."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval. Section 2 of this Act shall not be applied
to impair an obligation of any valid contract entered into prior to such
effective date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.