08 LC 25
5216S
House
Bill 1281 (COMMITTEE SUBSTITUTE)
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 prohibit local government restrictions on outdoor
water use during periods of drought that are more restrictive than those imposed
by the state without certain approval; to provide that political subdivisions
may be exempted from outdoor watering restrictions imposed by the state; 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 a new Code section to read as
follows:
"12-5-7.
(a)
No political subdivision of this state or local government authority shall
impose more stringent restrictions on outdoor water use during periods of
drought than those applicable restrictions, if any, imposed by the state unless
approved by the director of the Environmental Protection Division of the
department.
(b)
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, be exempted from outdoor
watering restrictions imposed by the state.
(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 three business days after receipt
thereof."
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)
Except when necessary to provide sufficient water for uses listed in paragraphs
(3) and (4) of this subsection during an emergency period of water shortage, the
director shall not restrict the use of surface water for public, private, or
community swimming pools solely due to drought or water shortage;
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)
Except when necessary to provide sufficient water for uses listed in
subsections (c) and (d) of this Code section during an emergency period of water
shortage, the director shall not restrict the use of ground water for public,
private, or community swimming pools solely due to drought or water
shortage."
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.