08 LC 25
5273S
The
Senate Agriculture and Consumer Affairs Committee offered the following
substitute to HB 1281:
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 provide that local governments may impose
additional restrictions on outdoor water use for good cause shown; to provide
for local emergency restrictions on outdoor water use; to provide that political
subdivisions may be exempted from outdoor watering restrictions for good cause
shown; 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)(1)
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, impose more stringent
restrictions on outdoor water use during periods of drought than those
applicable restrictions, if any, imposed by the state. For purposes of this
subsection, 'good cause' means evidence sufficient to support a reasonable
conclusion, considering available relevant information, that such additional
restrictions are necessary and appropriate to avoid or relieve a local water
shortage. A variance granted pursuant to this subsection shall be valid for
such period as determined by the director.
(2)
Paragraph (1) of this subsection shall not prohibit a political subdivision or
local government authority from imposing more stringent restrictions on outdoor
water use in case of an emergency which immediately threatens the public health,
safety, or welfare; provided, however, that such emergency restrictions shall be
valid for a period not exceeding seven days unless a variance is granted by the
director pursuant to paragraph (1) of this subsection. If the director
determines that a political subdivision or local government authority is
exercising emergency powers granted by this paragraph in a manner to circumvent
the necessity of obtaining such a variance, he or she may suspend the emergency
powers granted by this paragraph to such political subdivision or local
government authority.
(b)
Any political subdivision of this state or local government authority may apply
for and, upon approval by the director of the Environmental Protection Division
of the department for good cause shown, shall be granted an exemption from
nonstatutory outdoor watering restrictions or water use reductions imposed by
the state. For purposes of this subsection, 'good cause' means evidence
sufficient to support a reasonable conclusion, considering available relevant
information, that such restrictions, reductions, or both are not necessary and
appropriate to avoid or relieve a local water shortage. A variance granted
pursuant to this subsection shall be valid for such period as determined by the
director.
(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.