08 SB342/AP
Senate
Bill 342
By:
Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams
of the 19th, Shafer of the 48th and others
AS
PASSED
AN
ACT
To
amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to
additional powers and duties of the State Soil and Water Conservation
Commission, so as to change certain provisions relating to additional powers and
duties of the State Soil and Water Conservation Commission; to amend Chapter 5
of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, so as to change certain provisions relating to powers of the
Environmental Protection Division with respect to federal acts and receipt and
expenditure of federal and state appropriations; to provide for issuance of
permits, certifications, and other documents relating to construction of new
public water supply reservoirs by local government entities; to provide a short
title; to extensively revise certain provisions relating to water supply; to
confer certain powers and duties upon a Water Supply Division of the Georgia
Environmental Facilities Authority; to change certain provisions relating to
rules and regulations relative to water conservation plans; to change certain
provisions relating to permits for withdrawal, diversion, or impoundment of
surface waters generally and for farm use; to change certain provisions relating
to permits to withdraw, obtaining, or use of ground water; to change certain
provisions relating to a policy statement for comprehensive state-wide water
management planning, guiding principles, and requirements of plans; to amend
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to
exemptions from state sales and use tax, so as to change the exemption from
sales and use tax with respect to certain sales of certain energy efficient
products for a limited period of time; to provide for an exemption with respect
to certain sales of certain types of water efficient products for a limited
period of time; to amend Chapter 23 of Title 50 of the Official Code of Georgia
Annotated, relating to the Georgia Environmental Facilities Authority and the
Division of Energy Resources, so as to change certain provisions relating to
definitions; to change certain provisions relating to purpose, powers, and
duties of the authority; to change certain provisions relating to review of
contracts and agreements by the Environmental Protection Division or the Georgia
Land Conservation Council; to change certain provisions relating to limitations
on issue of bonds; to provide for a Water Supply Division of the authority and
its powers and duties; to provide for a Georgia Reservoir Fund; to provide
effective dates; to provide for applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
This
part shall be known and may be cited as the "Water Conservation and Drought
Relief Act."
SECTION
1-2.
Code
Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional
powers and duties of the State Soil and Water Conservation Commission, is
amended by revising paragraph (9) to read as follows:
"(9)
To receive grants from any agency of the United States government or any agency
of this state, and to make grants to districts, municipalities, or counties in
this state, or other state agencies in order to:
(A)
Fund up to 20 percent of the cost of obtaining permits for and constructing
improvements to any dam that was originally constructed or financially assisted
by the Natural Resources Conservation Service, formerly known as the Soil
Conservation Service, of the United States Department of
Agriculture;
(B)
Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the
federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new
public water supply reservoir. In awarding any grants under this subparagraph,
the commission shall consider regional effects and water supply yield of the
proposed reservoir, anticipated population growth, and local government funding
commitment; or
(C)
Carry out other purposes of this article."
SECTION
1-3.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, is amended by revising Code Section 12-5-32, relating to powers of
the Environmental Protection Division with respect to federal acts and receipt
and expenditure of federal and state appropriations, as follows:
"12-5-32.
The
division shall be the water pollution control and surface-water resource
management agency of the state for all purposes of any federal water pollution
control act or any other federal act within the purview of this article and
may:
(1)
Take all necessary or appropriate action to obtain for the state the benefits of
any federal act within the purview of this article;
(2)
Apply for, receive, and use federal funds made available under any federal act
within the purview of this article;
(3)
Approve projects for which loans or grants under any federal act are made to any
municipality, county, or agency of state government or to any private person or
entity;
(4)
Participate through its authorized representatives in proceedings under any
federal act within the purview of this article and recommend measures for the
reduction of water pollution originating within the state or proper management
of the state´s surface-water resources; and
(5)
Receive and expend on behalf of the state all funds which are now or which may
hereafter become available or allotted to the State of Georgia by virtue of any
appropriation or act of Congress or regulation of the federal government, its
agencies and instrumentalities, or by virtue of any appropriation by the General
Assembly, for water quality control, management, and allocation of the
state´s surface-water resources within the purview of this article, or for
any other purpose defined in this article to be administered by the division as
provided in this article. The division is authorized to use so much of funds as
may be appropriated by the General Assembly for the purpose of matching federal
grants as may be necessary to secure such grants and derive full advantage to
the state of benefits contemplated under the terms of such grants, and to comply
with the terms of such grants.
This
Code section shall not prohibit the State Soil and Water Conservation Commission
from exercising its powers under paragraph (9) of Code Section
2-6-27."
SECTION
1-4.
Said
chapter is further amended by adding a new Code section to read as
follows:
"12-5-483.
(a)
Upon request of any local government entity that desires to construct a new
public water supply reservoir for which permits and certifications under Code
Section 12-5-31 and Sections 401 and 404 of the federal Clean Water Act, 33
U.S.C. Sections 1341 and 1344, are required, the division shall make available
in a single collection copies of all forms necessary for the purposes of making
applications for such permits.
(b)
The period for granting or denying a permit application provided by subparagraph
(c)(1)(A) of Code Section 12-2-2 shall likewise apply to decisions to issue
certifications for purposes of Section 401 of the federal Clean Water Act, 33
U.S.C. Section 1341, justifications of need, and minimum instream flow
certifications for construction of a new public water supply reservoir by a
local government entity; and such shall be issued simultaneously to a local
government entity that is a qualified applicant.
(c)
The division shall issue an affirmative variance from the requirements of
Chapter 7 of this title, consistent with the exemption granted by paragraph (11)
of Code Section 12-7-17, to a permittee within seven days after granting the
permit and issuing the certifications and documents specified under subsection
(b) of this Code section."
PART
II
SECTION 2-1.
Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Article 6, relating to water supply, as follows:
SECTION 2-1.
Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Article 6, relating to water supply, as follows:
"ARTICLE
6
12-5-470.
This
article shall be known and may be cited as the 'Georgia Water Supply Act of
2008.'
12-5-470.1.
(a)
The exercise of any powers conferred by this article shall be subject to
applicable law governing eminent domain and the allocation and distribution of
the waters of the state.
(b)
Nothing in this article shall alter or abrogate any provisions of this chapter
or any rules, regulations, or state-wide or regional water plans pursuant
thereto regarding interbasin or intrabasin transfer of waters.
(c)
Projects provided for by this article shall comply with Article 8 of this
chapter and any rules, regulations, or state-wide or regional water plans
pursuant thereto.
(d)
Nothing in this article shall be construed to diminish the full authority and
responsibility of the director of the Environmental Protection Division of the
department for existing statutory reviews and approvals.
12-5-471.
As
used in this article, the term:
(1)
'Authority' means the Georgia Environmental Facilities Authority created by Code
Section 50-23-3.
(1.1)
'County' means any county created under the Constitution or laws of this
state.
(1.2)
'Director' means the director of the division.
(1.3)
'Division' means the Water Supply Division of the Georgia Environmental
Facilities Authority created by Code Section 50-23-26.
(2)
'Environmental services' means the provision, collectively or individually, of
water facilities or management services.
(3)
'Lease' includes a lease or sublease and may, in the discretion of the division,
be in form and substance an estate for years, usufruct, license, concession, or
any other right or privilege to use or occupy.
(4)
'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or
other person contracting for any estate for years, usufruct, license,
concession, or other right or privilege referred to in paragraph (3) of this
Code section.
(5)
'Local government' or 'local governing authority' means any municipal
corporation or county, any local water district, or any state or local
authority, board, or political subdivision created by the General Assembly or
pursuant to the Constitution and laws of this state.
(6)
'Management services' means technical, administrative, instructional, or
informational services provided to any current or potential recipient in, but
not limited to, the areas of service charge structure; accounting, capital
improvements budgeting or financing; financial reporting, treasury management,
debt structure or administration or related fields of financial management;
contract or grant administration; management of water systems; and economic
development administration or strategies. Management services may be furnished
either directly, on site, or through other written or oral means of
communication and may consist of reports, studies, presentations, or other
analyses of a written or oral nature.
(7)
'May' means permission and not command.
(8)
'Municipal corporation' or 'municipality' means any city or town in this
state.
(9)
'Obligation' means any bond, revenue bond, note, lease, contract, evidence of
indebtedness, debt, or other obligation of the state or local governments which
are authorized to be issued under the Constitution or other laws of this state,
including refunding bonds.
(10)
'Project' means and includes the acquisition of real property for water
reservoirs; the construction and reconstruction or improvement of water
reservoirs; the acquisition of real or personal property surrounding water
reservoirs or any interest in such property; the acquisition of real or personal
property or any interest therein for mitigation of any alteration of
environmental resources by the construction of a water reservoir or water supply
system; and all necessary and usual water facilities useful for obtaining one or
more sources of water supply, the treatment of water, and the distribution and
sale of water to users and consumers, including counties and municipalities for
the purpose of resale, inside and outside the territorial boundaries of the
users and consumers, and the operation, maintenance, additions, improvements,
and extensions of such facilities so as to assure an adequate water utility
system deemed to be necessary or convenient for the efficient operation of such
type of undertaking, including, but not limited to, the development or expansion
of water facilities or systems so as to facilitate transitioning households and
businesses served by private wells, septic tanks, and other nonreturning water
systems to public water or sewerage systems, thereby promoting water
conservation, all for the essential public purpose of providing water facilities
and services to meet public health and environmental standards and to aid the
development of trade, commerce, industry, agriculture, and employment
opportunities.
(11)
'Water facilities' means any projects, structures, and other real or personal
property acquired, rehabilitated, constructed, or planned for the purposes of
supplying, distributing, and treating water and diverting, channeling, or
controlling water flow and head, including, but not limited to, surface or
ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes,
penstocks, conduits, pipelines, mains, pumping stations, water distribution
systems, compensating reservoirs, intake stations, waterworks or sources of
water supply, wells, purification or filtration plants or other treatment plants
and works, connections, water meters, mechanical equipment, electric generating
equipment, rights of flowage or division, and other plant structures, equipment,
conveyances, real or personal property or rights therein and appurtenances,
furnishings, accessories, and devices thereto necessary or useful and convenient
for the collection, conveyance, distribution, pumping, treatment, storing, or
disposing of water.
(12)
'Waters of the state' has the meaning provided by Code Section
12-5-22.
12-5-472.
(a)
The division may acquire, design, construct, equip, operate, maintain, expand,
and improve a project, in whole or in part, directly or under contract with
others, including each of the facilities described in paragraph (10) of Code
Section 12-5-471, for the purpose of promoting the use of the projects and the
use of the industrial, recreational, commercial, and natural resources of the
State of Georgia for the public good and general welfare; and, without
limitation of the foregoing, the division is authorized to acquire land for such
purposes; provided, however, that the division shall not engage in competition
for customers for its environmental services with any local government offering
or providing similar services.
(b)(1)
Any project acquired, designed, constructed, equipped, operated, maintained,
expanded, or improved by the division or which is funded in whole or in part by
the division shall conform to and meet standards and procedures promulgated by
the Board of Natural Resources pursuant to specific statutory authorization and
direction for watershed and wetlands protection.
(2)
No such project shall include an electrical generation facility unless such
facility does not cause the consumption of water from such reservoir for the
generation of such power.
(3)
The local government or the division shall acquire sufficient land surrounding
any reservoir funded in whole or in part by the division or acquired or
constructed by the division to protect such reservoir, to provide for future
expansion of such reservoir, and to provide passive recreational opportunities
on and around such reservoir. No development shall be permitted on any such
reservoir or its surrounding lands so acquired other than public development
appropriate for such passive uses. The acquisition of such lands shall be a
cost of project for purposes of this article, and the division, the authority,
and the local government may utilize any funds available to them for such
purposes.
(4)
Any such surrounding lands transferred to the state shall be part of the state
park system under the control of the department pursuant to Code Section
12-3-31, and the management of passive recreational uses of any such surrounding
lands controlled by the state shall be vested in the Parks, Recreation and
Historic Sites Division; except that, where it is not feasible to manage such
land as a state park, then such surrounding lands transferred to the state may
be managed as wildlife management areas by the Wildlife Resources Division of
the department. Any such surrounding lands acquired by a local government shall
be a local government park.
(5)
All uses of any reservoirs funded by the division in whole or in part or
acquired or constructed by the division and any surrounding lands acquired by
the division or local government or transferred to the state shall be
subordinate to the use of such reservoirs for water supply
purposes.
(6)
No motorized vessels other than those being operated by electric motors shall be
allowed on any reservoirs funded by the division in whole or in part or acquired
or constructed by the division. As used in this paragraph, the term 'vessel'
has the meaning provided by Code Section 52-7-3.
(c)
The division, in cooperation with the department, shall take all reasonable
steps at the earliest practicable date to inventory and survey feasible sites
for water reservoirs within the State of Georgia. The director shall present a
progress report of such inventory and survey to the legislative oversight
committee created by Code Section 12-5-484 not later than October 1, 2008,
together with a report describing measures undertaken by the division and the
authority to expedite the accomplishment of the purposes of this article. The
director shall thereafter report quarterly to such committee on the activities
of the division and progress toward the accomplishment of such purposes in such
format as may be directed by the cochairpersons of such committee. It is the
intent of the General Assembly that the division take all reasonable and
practicable steps to expedite the accomplishment of such purposes and that the
division utilize its reporting responsibilities to apprise the committee
promptly of legal, statutory, or other barriers to expedited accomplishment of
such purposes, together with recommended measures to mitigate or avoid such
barriers.
(d)
The division may take all reasonable and practicable steps, in consultation with
the Environmental Protection Division of the department, the Department of
Transportation, and other appropriate state agencies, to create a wetlands
mitigation bank or banks and a stream mitigation bank or banks for the purpose
of facilitating the construction of projects. Costs and expenses of such bank
or banks shall constitute costs of projects and shall be allocated to projects
when appropriate.
(e)
Costs of projects and other expenses incurred by the division for purposes of
this article may be paid from funds made available to the division for such
purposes and may be financed or paid by the authority as provided by Article 1
of Chapter 23 of Title 50.
12-5-472.1.
(a)
The division shall be authorized to assume by intergovernmental contract the
responsibility for procuring all permits, licenses, and permissions from the
United States of America or any agency or instrumentality thereof; the State of
Georgia, its departments, agencies, or authorities; or any county or
municipality of this state as necessary or required for the purpose of
constructing any projects within this state on behalf of local governments
seeking to construct such projects. Such contract may provide for the
reimbursement of the division for costs and expenses associated with the
procurement of such permits, licenses, and permissions, but such reimbursement
shall not be a prerequisite to the assumption by the division of such
procurement responsibility, and the division is specifically authorized to
delay, mitigate, or waive reimbursement when, in the judgment of the director
and the authority, the welfare and best interests of the people of this state
are served thereby. The terms of such contract shall provide for the assumption
by such local government of such permits, licenses, and permissions at such time
as appropriate for the construction of such projects.
(b)
In discharging its duties and responsibilities pursuant to the terms of this
article, and specifically in identifying appropriate sites for projects and
procuring permits, licenses, and permissions for projects, whether owned by the
division or otherwise, the division shall utilize to the maximum extent
practicable the procurement of services from the department and private sector
persons and entities qualified to perform such work. It is the intent of
General Assembly that the division minimize the hiring of officers and employees
for the purposes of this article.
(c)
The division shall be designated as the principal state agency to cooperate with
the Environmental Protection Division of the department, the United States Army
Corps of Engineers, and all other federal agencies or instrumentalities in the
planning and execution of projects in this state.
12-5-473.
The
division shall have the following powers:
(1)
To acquire real and personal property of every kind and character by purchase,
gift, lease, or otherwise and to own, hold, improve, use, sell, convey,
exchange, transfer, lease, sublease, and dispose of the same, or any interest
therein, for its services, purposes, duties, responsibilities, or functions
pursuant to this article; and any local government may grant, sell, or otherwise
alienate leaseholds, real and personal property, or any interest therein to the
division. Site selection for a project shall be made after consideration of
input from local governments to be served by the project;
(2)
To make all contracts and to execute all instruments necessary or convenient to
its services, purposes, duties, responsibilities, or functions pursuant to this
article;
(3)
To accept grants of money or materials or property of any kind from the United
States of America or any agency or instrumentality thereof; the State of
Georgia, its departments, agencies, or authorities; or any county or
municipality of this state, upon the terms and conditions as may be imposed
thereon to the extent the terms and conditions are not inconsistent with the
limitations and laws of this state and are otherwise within the power of the
division;
(4)
To make and execute contracts, lease agreements, and all other instruments
necessary to exercise the powers of the division to further the public purpose
for which this article was enacted, such contracts, leases, or instruments to
include contracts for construction, operation, management, or maintenance of
projects and facilities owned by a local government or by the state or any state
authority; and any and all local governments and departments, institutions,
authorities, or agencies of the state may enter into contracts, leases,
agreements, or other instruments with the division upon such terms and to
transfer real and personal property to the state for the use of the division for
such consideration and for such purposes as they deem advisable;
(5)
To collect fees and charges in connection with its commitments, management
services, and servicing, including, but not limited to, reimbursements of costs
of financing, as the division shall determine to be reasonable;
(6)
To provide advisory, management, technical, consultative, training, educational,
and project assistance services to the state and local governments and to enter
into contracts with the state and local governments to provide such services.
The state and local governments may enter into contracts with the division for
such services and to pay for such services as may be provided them;
(7)
To lease to local governments any state owned facilities or property which the
division is managing under contract with the state;
(8)
To contract with state agencies or any local government for the use by the
division of any property or facilities or services of the state or any such
state agency or local government or for the use by any state agency or local
government of any facilities or services of the division, and such state
agencies and local governments may enter into such contracts;
(9)
To receive and use the proceeds of any tax levied by a local government to pay
all or any part of the cost of any project or for any other purpose for which
the division may use its own funds pursuant to this article;
(10)
To cooperate and act in conjunction with industrial, commercial, medical,
scientific, public interest, or educational organizations; with agencies of the
federal government and this state and local governments; with other states and
their political subdivisions; and with joint agencies thereof, and such state
agencies, local governments, and joint agencies may cooperate and act in
conjunction, and to enter into contracts or agreements with the division and
local governments to achieve or further the policies of the state declared in
this article; and
(11)
To do all things necessary or convenient to carry out the powers conferred by
this article and to enter into such agreements with the department as are
necessary and useful for such purpose. The department is expressly authorized
to enter into agreements with the division for such purposes.
12-5-474.
(a)
The division may fix rentals, fees, prices, and other charges which any user,
concessionaire, franchisee, or vendor shall pay to the division for the use of a
project or part thereof or combination thereof, and for the goods and services
provided by the division in conjunction with such use, as the division may deem
necessary or appropriate to provide in connection with such use, and to charge
and collect the same. Such rentals, fees, prices, and other charges shall be so
fixed and adjusted in respect to the aggregate thereof from a project or any
part thereof so as to be reasonably expected to provide a fund sufficient with
other revenues of such project and funds available to the division, if any, to
pay the cost of maintaining, repairing, and operating a project, including the
reserves for extraordinary repairs and insurance, unless such cost shall be
otherwise provided for, which costs shall be deemed to include the expenses
incurred by the division on account of a project for water, light, sewer, and
other services furnished by other facilities at such project. Such fees shall be
fixed after consideration of input from local governments served by the project
to which the fees pertain.
(b)
All those funds generated by the operation of the projects and paid to the
division shall be deposited in the Georgia Reservoir Fund established by Code
Section 50-23-28.
(c)
The division may establish the terms and conditions upon which any lessee,
sublessee, licensee, user, franchisee, or vendor shall be authorized to use a
project as the division may determine necessary or appropriate, subject to the
limitations provided for by this article.
12-5-475.
(a)
It shall be the duty of the authority, in consultation with the Environmental
Protection Division of the department, to prescribe rules and regulations
governing the selection of sites for projects. Such rules and regulations shall
include, but shall not be limited to, provisions for:
(1)
The division to notify in writing a county or municipality when a preliminary
determination has been made for the location of a project within any portion of
the territorial boundaries of such county or municipality;
(2)
Review and comment by the governing authority of a county or municipality
receiving a notice provided for in paragraph (1) of this subsection before the
division makes a final determination of the project site; and
(3)
At least one public hearing within the territorial boundaries of a county or
municipality receiving a notice provided for in paragraph (1) of this subsection
before the division makes a final determination of the project
site.
(b)
It shall be the duty of the authority to prescribe rules and regulations for the
operation of and governing the use of each project constructed under the
provisions of this article. Such rules shall be prescribed after consideration
of input from local governments served or to be served by the project to which
the rules pertain.
12-5-476.
(a)
The division may contract with any local government to exercise on behalf of
such local government such responsibility in connection with the planning,
design, acquisition, construction, operation, management, and maintenance of a
project of such local government, as is now or may be hereafter vested in the
local government, and to provide to the local government goods or services of
the division in connection with the planning, design, acquisition, construction,
operation, management, and maintenance of any project of the local government,
all as the parties to the contract may determine appropriate. Any such local
government shall be authorized by such contract to delegate to the division all
or such goods or services of the division in connection with the planning,
design, acquisition, construction, operation, management, and maintenance of a
project as the parties may by contract determine appropriate.
(b)
Except as otherwise provided in this article, any such contract shall provide
that the local government shall reimburse the division for all of the costs,
liabilities, and expenses of the division incurred by the division in exercising
such powers or providing such goods or services; and the division shall not
directly or indirectly be liable for any liability, cost, or expense incurred by
such local government in the acquisition, construction, operation, management,
or maintenance of a project.
(c)
If, in order to accomplish the objectives of this article, it is advisable, in
the judgment of the director and the authority, to construct a project that is
larger than one which a local government proposes to construct, the division may
participate by agreement with such local government in planning, designing,
constructing, operating, and maintaining such project and, in so participating,
shall finance those costs of the project allocated to the state and such other
and further costs as may be agreed upon between the parties, such that the
project shall accomplish the maximum water development objectives at a minimum
total expenditure.
(d)
The division shall coordinate with the Environmental Protection Division of the
department and local governments for the purpose of producing appropriate and
necessary needs analyses for projects. In the event that the director, with the
approval of the authority, determines that construction of a project is in the
best interests of the people of this state but any affected county or
municipality is willing but unable to engage in an appropriate needs analysis,
the division may conduct such analysis for and on behalf of such county or
municipality, and such analysis shall be the needs analysis of such county or
municipality with respect to such project for all purposes. Such needs analysis
shall be consistent with water demand projections provided by an applicable
regional water development and conservation plan developed pursuant to Article 8
of this chapter, if available.
12-5-476.1.
(a)
The division and the department may enter into agreements with local
governments, setting fees to be paid to the division or the department for the
purpose of enabling the division or the department to expedite or enhance the
state regulatory process and to provide services voluntarily requested under the
agreement with respect to projects. Pursuant to such an agreement, the division
or the department may hire additional temporary staff members, contract for
services, or provide additional services that are within the powers of the
division and the department to provide. Such service costs shall constitute a
cost of project for purposes of this article and Chapter 23 of Title 50. As
part of an agreement entered into under this subsection, the division and the
department may waive all or part of a fee imposed for a service. The division
and the department shall not require that a local government pay more for a
service under an agreement entered into under this subsection than the cost to
the division or the department in providing such service to such local
government.
(b)
The division and the department may enter into agreements with agencies or
instrumentalities of the federal government, setting fees to be paid by the
division or the department for the purpose of enabling the division or the
department to expedite or enhance the federal regulatory process and to provide
services requested under the agreement with respect to projects. Pursuant to
such agreement, the division and the department may fund the cost of hiring
additional temporary staff members, contracts for services, or the provision of
additional services for the purposes of this article. Such fees shall
constitute a cost of project for purposes of this article and Chapter 23 of
Title 50.
12-5-477.
The
provisions of this article shall be deemed to provide an additional and
alternative method for the doing of things authorized by this article and shall
be regarded as supplemental and additional to powers conferred by the
Constitution and laws of the State of Georgia and shall not be regarded as in
derogation of any powers now existing.
12-5-478.
This
article, being for the welfare of this state and its inhabitants, shall be
liberally construed to effect the purposes hereof.
12-5-479.
(a)
In the exercise of its powers under this article, the division may contract with
any public entity which shall include the state or any institution, department,
or other agency thereof or any county, municipality, school district, or other
political subdivision of the state or with any other public agency, public
corporation, or public authority, for joint services, for the provision of
services, or for the joint or separate use of facilities or equipment with
respect to such activities, services, or facilities which the contracting
parties are authorized by law to undertake or provide.
(b)
Pursuant to any such contract, in connection with any facility authorized under
this article, the division may undertake such facility or provide such services
or facilities of the division, in whole or in part, to or for the benefit of the
public entity contracting with the division with respect to those activities,
services, or facilities which the contracting public entity is authorized by the
Constitution and law to provide, including, but not limited to, those set forth
in Article IX, Section III, Paragraph I of the Constitution, and any such
contracting public entity may undertake to pay the division for such activities,
services, or facilities such amounts and upon such terms as the parties may
determine.
(c)
The state and each institution, department, or other agency thereof or each
county, municipality, school district, or other political subdivision of this
state and each public agency, public corporation, or public authority may
contract with the division in connection with any activity, service, or facility
which such public entity is otherwise authorized to provide to obtain the
performance of such activity or provision of such services or facilities through
the division.
(d)
In connection with its operations, the division may similarly obtain from, and
each public entity may provide, such activities, services, or facilities which
the division is authorized to provide.
(e)
Reserved.
(f)
A local government by resolution of its governing body may enter into a user
agreement for the provision of environmental services utilizing facilities owned
by the state upon such terms and conditions as the division shall determine to
be reasonable, including, but not limited to, the reimbursement of all costs of
construction and financing and claims arising therefrom.
(g)
No user agreement shall be deemed to be a contract subject to any law requiring
that contracts shall be let only after receipt of competitive bids.
(h)
Any user agreement directly between the state or division and a local government
may contain provisions requiring the local government:
(1)
To establish and collect rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of:
(A)
The costs of operation, maintenance, renewal, and repairs of the water facility;
and
(B)
Outstanding bonds, revenue bonds, notes, or other obligations incurred for the
purposes of such water facility and to provide for the payment of all amounts as
they shall become due and payable under the terms of such agreement, including
amounts for the creation and maintenance of any required reserves;
(2)
To create and maintain reasonable reserves or other special funds;
(3)
To create and maintain a special fund or funds as additional security for the
punctual payment of any rentals due under such user agreement and for the
deposit therein of such revenues as shall be sufficient to pay all user fees and
any other amounts becoming due under such user agreements as the same shall
become due and payable; or
(4)
To perform such other acts and take such other action as may be deemed necessary
and desirable by the division to secure the complete and punctual performance by
such local government of such lease agreements and to provide for the remedies
of the division in the event of a default by such local government in such
payment.
12-5-480.
The
division shall be authorized to utilize the financial advisory and construction
related services of the Georgia State Financing and Investment Commission with
respect to the acquisition, design, planning, and construction of any of the
projects. Code Section 50-22-9 shall be applicable to the selection of persons
to provide professional services for any project or any portion thereof
authorized by this article until such time as the director, with the approval of
the authority and consistent with any state-wide water plan provided pursuant to
Article 8 of this chapter, certifies that this state and its local governments
have constructed or otherwise acquired sufficient reservoir capacity to meet
current and reasonably projected future needs, taking into account projected
population growth and historical and anticipated cycles or incidents of drought,
whereupon the whole of Chapter 22 of Title 50 shall be applicable.
12-5-481.
It
is found, determined, and declared that the carrying out of the purposes of the
division as defined in this article is in all respects for the benefit of the
people of this state and that the purposes are public purposes; that the
division will be performing an essential governmental function in the exercise
of the powers conferred upon it by this article; and that the activities
authorized in this article will develop and promote trade, commerce, industry,
and employment opportunities to the public good and the general welfare and
promote the general welfare of the state.
12-5-482.
(a)
In the event of a failure of any local government to collect and remit in full
all amounts due which involve the credit or guarantee of the state or the
authority, it shall be the duty of the director of the Office of Treasury and
Fiscal Services or the duty of the authority to withhold all funds of the state
and all funds administered by the state, its agencies, boards, and
instrumentalities or all funds of the authority allotted to such local
government until such local government has collected and remitted in full all
sums due and cured or remedied all defaults, unless such amounts have been
waived pursuant to this article.
(b)
Nothing contained in this Code section shall mandate the withholding of funds
allocated to a local government which would violate contracts to which the state
or the authority is a party, the requirements of federal law imposed on the
state or the authority, or judgments of any court binding the state or the
authority.
12-5-483.
Any
waiver by the division or the department of any costs or fees owed by any local
government to the division or the department under this article shall constitute
a grant in the amount of such waiver to such local government pursuant to Code
Section 50-23-6 or Article VII, Section III, Paragraph II of the
Constitution.
12-5-484.
There
is created as a joint committee of the General Assembly the Georgia Water Supply
Act Legislative Oversight Committee, to be composed of the members of the House
Committee on Natural Resources and Environment and the Senate Natural Resources
and the Environment Committee. The chairpersons of such committees shall serve
as cochairpersons of the oversight committee. The oversight committee shall
periodically inquire into and review the operations of the division, as well as
periodically review and evaluate the success with which the division is
accomplishing its statutory duties and functions as provided in this article.
The oversight committee may conduct any independent audit or investigation of
the division it deems necessary.
SECTION
2-2.
Chapter
23 of Title 50 of the Official Code of Georgia Annotated, relating to the
Georgia Environmental Facilities Authority and the Division of Energy Resources,
is amended by revising paragraph (12) of Code Section 50-23-4, relating to
definitions, as follows:
"(12)
'Project' means:
(A)
The acquisition, construction, installation, modification, renovation, repair,
extension, renewal, replacement, or rehabilitation of land, interest in land,
buildings, structures, facilities, or other improvements and the acquisition,
installation, modification, renovation, repair, extension, renewal, replacement,
rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or
other property of any nature whatsoever used on, in, or in connection with any
such land, interest in land, building, structure, facility, or other
improvement, all for the essential public purpose of providing environmental
facilities and services so as to meet public health and environmental standards,
protect the state´s valuable natural resources, or aid the development of
trade, commerce, industry, agriculture, and employment opportunities, including,
but not limited to, any project as defined by Code Section 12-5-471;
and
(B)
Projects authorized by the Georgia Regional Transportation Authority created by
Chapter 32 of this title as defined in such chapter, where the authority has
been directed to issue revenue bonds, bonds, notes, or other obligations to
finance such project or the cost of a project in whole or in part, provided that
the authority´s power with respect to such projects authorized by the
Georgia Regional Transportation Authority shall be limited to providing such
financing and related matters as authorized by the Georgia Regional
Transportation Authority."
SECTION
2-3.
Said
chapter is further amended by revising paragraphs (30) and (31) of Code Section
50-23-5, relating to purpose, powers, and duties of the Georgia Environmental
Facilities Authority, and by adding after said paragraphs new paragraphs (31.1)
and (31.2), as follows:
"(30)
To administer funds granted to the state by the administrator of the federal
Environmental Protection Agency pursuant to Title VI of the Federal Water
Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as
now or hereafter amended, for the purpose of providing assistance to
municipalities or counties or any combination thereof or to any public authority
or, if authorized by law, any private agency, commission, or institution for
construction of treatment works as that term is defined in Section 212 of the
federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The
authority may also administer funds granted to the state by the administrator of
the federal Environmental Protection Agency pursuant to Title XIV of the federal
Safe Drinking Water Act, as now or hereafter amended, for the purpose of
providing assistance to municipalities or counties or any combination thereof or
any public or, if authorized by law, any private authority, agency, commission,
or institution for the construction of public drinking water works as such term
is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of
1986, P.L. 99-339. The authority may also administer funds granted to the state
by the administrator of the federal Environmental Protection Agency pursuant to
33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial
assistance for any eligible water pollution control project. The authority
shall deposit any such funds received from the administrator of the federal
Environmental Protection Agency into a separate water pollution control
revolving fund or a drinking water revolving fund transferred to the authority
from the Environmental Protection Division of the Department of Natural
Resources or hereafter established; provided, however, that where appropriate,
the authority may deposit funds received from the administrator of the federal
Environmental Protection Agency into the Georgia Reservoir Fund established by
Code Section 50-23-28. The forms and administration of such funds shall be
established by the authority in accordance with federal
requirements;"
"(31)
To contract with the Environmental Protection Division of the Department of
Natural Resources for the implementation and operation, in whole or in part, of
any drought protection or reservoir program and for the purposes of Article 6 of
Chapter 5 of Title 12;
(31.1)
To fund, or partially fund, the Georgia Reservoir Fund established by Code
Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for
the purposes of said Code section, and any repayment of such proceeds after
their expenditure, may be deposited in such fund;
(31.2)
For the purpose of supplementing and extending the ability of the authority to
expedite and accommodate the construction of projects, to enter into
arrangements, consistent with existing bond indenture and other obligations of
the authority, whereby the authority agrees to enter into one or more notes with
a financial institution or other lender, the proceeds of which shall be payable
to the authority and which constitute an obligation of the authority, together
with a companion note or notes on substantially the same terms payable from the
authority to a local government, with such companion notes, and the obligation
of repayment thereon, pledged as security for the repayment of such notes, on
such terms as may be agreeable to the parties thereto; and"
SECTION
2-4.
Said
chapter is further amended by revising Code Section 50-23-9, relating to review
of contracts and agreements by Environmental Protection Division or Georgia Land
Conservation Council, as follows:
"50-23-9.
(a)
Except as otherwise provided by Article 6 of Chapter 5 of Title 12, the
authority shall not enter into any contract or agreement with any local
government with respect to the financing of any environmental facility pursuant
to this article, unless the director of the Environmental Protection Division of
the Department of Natural Resources, shall have completed all existing statutory
reviews and approvals with respect to such project. Nothing in this article
shall be construed to diminish the full authority and responsibility of the
director of the Environmental Protection Division of the Department of Natural
Resources for existing statutory reviews and approvals.
(b)
The authority shall not enter into any contract or agreement with any local
government or the Department of Natural Resources with respect to the financing,
by loan or grant, of any community land conservation project or state land
conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land
Conservation Council has approved the community land conservation project or
state land conservation project and the chairperson has directed the authority
to execute the approval decision of the Georgia Land Conservation Council.
Nothing in this article shall be construed to diminish the full authority and
responsibility of the Georgia Land Conservation Council´s existing
statutory reviews and approvals."
SECTION
2-5.
Said
chapter is further amended by revising Code Section 50-23-19, relating to
limitations on issue of bonds, as follows:
"50-23-19.
Nothing
contained in this article shall permit the authority to issue bonds or revenue
bonds at any time when the sum of:
(1)
The highest aggregate annual debt service requirements for the then current
fiscal year or any subsequent fiscal year for outstanding authority bonds or
revenue bonds, including the proposed bonds or revenue bonds; and
(2)
The highest annual debt service requirements for the then current fiscal year or
any subsequent fiscal year on general obligation debt of the state issued for
authority projects
exceeds
1 percent of the total revenue receipts, less refunds, of the state treasury in
the fiscal year immediately preceding the year in which any such bond or revenue
bond is to be issued; provided, however, that unless the director of the Water
Supply Division of the authority has issued the certification provided for by
Code Section 12-5-480, the authority, with the approval of the Governor and the
commission established by Article VII, Section IV, Paragraph VII of the
Constitution, may issue bonds for the purposes of Article 6 of Chapter 5 of
Title 12 notwithstanding such limitations."
SECTION
2-6.
Said
chapter is further amended by designating the existing provisions of Article 1
as Part 1 of said article and adding a new part to read as
follows:
"Part
2
50-23-25.
As
used in this part, the term 'division' means the Water Supply Division of the
Georgia Environmental Facilities Authority created by Code Section
50-23-26.
50-23-26.
There
is created within the Georgia Environmental Facilities Authority a Water Supply
Division. The executive director of the authority or an employee of the
authority designated by the director shall serve as the director of the division
and shall have full authority over the operation, personnel, and facilities of
the division.
50-23-27.
The
division shall have the authority and responsibility to:
(1)
Administer this part;
(2)
Coordinate with the Department of Natural Resources and with other departments,
divisions, agencies, or officials of this state or political subdivisions
thereof and appropriate private and professional organizations in matters
related to water supply. The division and any other department, educational
institution, agency, or official of this state or political subdivision thereof
which in any way would affect the administration or enforcement of this part or
Article 6 of Chapter 5 of Title 12 shall be required to coordinate all such
activities with the division to assure orderly and efficient administration and
enforcement of this part;
(3)
Do all things necessary to cooperate with the United States government and
qualify for, accept, and disburse any public or private grant intended for the
administration of this part;
(4)
Apply for, receive, accept, and administer federal funds and programs made
available to this state for the purposes of this part;
(5)
Contract for services if such services cannot be satisfactorily performed by
employees of the division or by any other state agency;
(6)
Design and implement programs to assist local governing authorities and other
entities in implementing water supply projects; and
(7)
Exercise such powers and perform such duties as assigned or contracted to the
division or the authority under Article 6 of Chapter 5 of Title 12.
50-23-28.
(a)
There shall be established the Georgia Reservoir Fund, to consist of proceeds of
bonds issued under this article for purposes of this part, any moneys paid to
the authority under intergovernmental contracts for purposes of this part,
voluntary contributions to such fund, and any federal moneys deposited in such
fund. Moneys which are restricted as to their usage, including, but not limited
to, restrictions on the kinds of projects for which the moneys may be expended
or loaned, on the entity that may receive grants or loans of such moneys, on the
manner in which such moneys may be expended or loaned, and any other condition,
limitation, or restriction, may nevertheless be deposited in the fund so long as
any such restriction shall not prevent the moneys so deposited from being
expended, loaned, or otherwise used in a manner that is consistent with the
purposes of this part. All balances in the fund shall be deposited in
interest-bearing accounts.
(b)
The authority shall administer the fund and may use the fund for projects as
defined by Code Section 12-5-471, in accordance with this article and Article 6
of Chapter 5 of Title 12.
(c)
The authority shall prepare, by September 30 of each year, an accounting of the
moneys received and expended from the fund for the most recently completed
fiscal year. The report shall be made available electronically to the members
of the General Assembly and shall be public record.
(d)
Principal and interest payments on loans made from the fund may be deferred for
a maximum of 20 years or until construction of the project is completed,
whichever is later.
(e)
The authority may expend moneys from the fund for the costs of planning,
engineering, architectural, legal, title, fiscal, or economic investigation,
studies, surveys, or designs without the designation of such funds to a specific
project or the final regulatory or statutory review and approval of such project
if the director determines that a reasonable expectation exists that the
expenditure of such funds will further the purposes of this part or Article 6 of
Chapter 5 of Title 12.
50-23-29.
The
authority may promulgate and adopt rules and regulations to carry out the
purposes of this part."
PART
III
SECTION 3-1.
SECTION 3-1.
Code
Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions
from state sales and use tax, is amended by revising paragraph (82) as
follows:
"(82)(A)
Purchase of energy efficient products or water efficient products with a sales
price of $1,500.00 or less per product purchased for noncommercial home or
personal use. The exemption provided by this paragraph shall apply only to
sales occurring during a period commencing at 12:01 A.M. on October 2, 2008, and
concluding at 12:00 Midnight on October 5, 2008.
(B)
As used in this paragraph, the term:
(i)
'Energy efficient product' means any energy efficient product for noncommercial
home or personal use consisting of any dishwasher, clothes washer, air
conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable
thermostat, refrigerator, door, or window which has been designated by the
United States Environmental Protection Agency and the United States Department
of Energy as meeting or exceeding each such agency´s energy saving
efficiency requirements or which have been designated as meeting or exceeding
such requirements under each such agency´s Energy Star
program.
(ii)
'Water efficient product' means any product used for the conservation or
efficient use of water which has been designated by the United States
Environmental Protection Agency as meeting or exceeding such agency´s water
saving efficiency requirements or which has been designated as meeting or
exceeding such requirements under such agency´s Water Sense
program.
(C)
The exemption provided for in subparagraph (A) of this paragraph shall not apply
to purchases of energy efficient products or water efficient products purchased
for trade, business, or resale.
(D)
The commissioner shall promulgate any rules and regulations necessary to
implement and administer this paragraph;"
PART
IV
SECTION 4-1.
SECTION 4-1.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, is amended by revising Code Section 12-5-4, relating to rules and
regulations relative to water conservation plans, as follows:
"12-5-4.
Reserved."
SECTION
4-2.
Said
chapter is further amended by revising subsections (e), (h), and (n) of Code
Section 12-5-31, relating to permits for withdrawal, diversion, or
impoundment of surface waters generally and for farm use, as
follows:
"(e)
Subject to subsection (g) of this Code section, the Board of Natural Resources
shall by rule or regulation establish a reasonable system of classification for
application in situations involving competing uses, existing or proposed, for a
supply of available surface waters. Such classifications shall be based upon but
not necessarily limited to the following factors:
(1)
The number of persons using the particular water source and the object, extent,
and necessity of their respective withdrawals, diversions, or
impoundments;
(2)
The nature and size of the water source;
(3)
The physical and chemical nature of any impairment of the water source adversely
affecting its availability or fitness for other water uses;
(4)
The probable severity and duration of such impairment under foreseeable
conditions;
(5)
The injury to public health, safety, or welfare which would result if such
impairment were not prevented or abated;
(6)
The kinds of businesses or activities to which the various uses are related and
the economic consequences;
(7)
The importance and necessity of the uses, including farm uses, claimed by permit
applicants and the extent of any injury or detriment caused or expected to be
caused to other water uses;
(8)
Diversion from or reduction of flows in other watercourses in accordance with
Article 8 of this chapter or any state-wide water plan provided pursuant
thereto;
(9)
The prior investments of any person in lands, and plans for the usage of water
in connection with such lands which plans have been submitted to the director
within a reasonable time after July 1, 1977, or, if for farm uses, after July 1,
1988; provided, however, that the granting of such permit shall not have
unreasonably adverse effects upon other water uses in the area, including
potential as well as present use; and
(10)
The varying circumstances of each case."
"(h)
Except for applications filed pursuant to paragraph (3) of subsection (a) of
this Code section, permits may be granted for any period of time not less than
ten years, unless the applicant requests a shorter period of time, nor more than
50 years. The director may base the duration of such permits on any reasonable
system of classification based upon but not necessarily limited to such factors
as source of supply and type of use. In evaluating any application for a permit
for the use of water, the director shall evaluate the condition of the water
supply to assure that the supply is adequate to meet the multiple needs of the
citizens of the state as can reasonably be projected for the term of the permit
and ensure that the issuance of such permit is based upon water development and
conservation plans for the applicant and for the region in accordance with
Article 8 of this chapter. Such water development and conservation plans for the
applicant and for the region shall promote the conservation and reuse of water
within the state, guard against a shortage of water within the state, promote
the efficient use of the water resource, and be consistent with the public
welfare of the state, in accordance with Article 8 of this chapter. The board
shall promulgate regulations for implementation of this subsection, including
provisions for review of such permits periodically or upon a substantial
reduction in average annual volume of the water resource which adversely affects
water supplies to determine that the permittee continues in compliance with the
conditions of the permit and that the plan continues to meet the overall supply
requirements for the term of the permit. Regional water plans shall be developed
in accordance with Article 8 of this chapter. Such regional plans shall include
water development, conservation, and sustainable use and shall be based upon
detailed scientific analysis of the water source, the projected future condition
of the resource, current demand, and estimated future demands on the resource,
in accordance with Article 8 of this chapter."
"(n)
In the consideration of applications for permits which if granted would
authorize the withdrawal and transfer of surface waters across natural basins,
the director shall be bound by any factors related thereto under Article 8 of
this chapter or any state-wide water plan provided pursuant thereto and the
following requirements:
(1)
The director shall give due consideration to competing existing uses and
applications for permits which would not involve interbasin transfers of surface
water and, subject to subsection (e) of this Code section, shall endeavor to
allocate a reasonable supply of surface waters to such users and applicants;
and
(2)
The director shall provide a press release regarding the proposed issuance of
all permits authorizing such interbasin transfer of surface waters to newspapers
of general circulation in all areas of the state which would be affected by such
issuance. The press release shall be provided at least seven days before the
issuance of these permits. If the director should determine that sufficient
public interest warrants a public hearing on the issuance of these permits, he
or she shall cause such a hearing to be held somewhere in the area affected
prior to the issuance of these permits."
SECTION
4-3.
Said
chapter is further amended by revising subsections (d) and (e) of Code Section
12-5-96, relating to permits to withdraw, obtaining, or use of ground water, as
follows:
"(d)
In adopting any regulations pursuant to Code Section 12-5-95 and in considering
permit applications, revocations, or modifications under this Code section, the
Board of Natural Resources or the division shall consider:
(1)
The number of persons using an aquifer and the object, extent, and necessity of
their respective withdrawals or uses;
(2)
The nature and size of the aquifer;
(3)
The physical and chemical nature of any impairment of the aquifer adversely
affecting its availability or fitness for other water uses, including public
use;
(4)
The probable severity and duration of such impairment under foreseeable
conditions;
(5)
The injury to public health, safety, or welfare which would result if such
impairment were not prevented or abated;
(6)
The kinds of businesses or activities to which the various uses are
related;
(7)
The importance and necessity of the uses, including farm uses, claimed by permit
applicants under this Code section, or of the water uses of the area under Code
Section 12-5-95, and the extent of any injury or detriment caused or
expected to be caused to other water uses, including public use;
(8)
Diversion from or reduction of flows in other watercourses or aquifers in
accordance with Article 8 of this chapter or any state-wide water plan provided
pursuant thereto; and
(9)
Any other relevant factors.
(e)
Regional water development and conservation plans for the state´s major
aquifers or any portion thereof shall be developed in accordance with Article 8
of this chapter. Such plans shall include water development, conservation, and
sustainable use and shall be based on detailed scientific analysis of the
aquifer, the projected future condition of the aquifer, and current demand and
estimated future demands on the aquifer, in accordance with Article 8 of
this chapter. Such plans shall serve to promote the conservation and reuse of
water within the state, guard against a shortage of water within the state and
each region, and promote the efficient use of the water resource and shall be
consistent with the general welfare and public interest of the state as provided
in Code Section 12-5-91, in accordance with Article 8 of this chapter. Upon
adoption of a regional plan, all permits issued by the division shall be
consistent with such plan. The term of any permit and all provisions of any
permit for which an application for renewal is made prior to the completion of
any regional plan shall be extended at least until the completion of such plan.
Applications for new permits shall be subject to review by the division, and the
division may issue such permits as appropriate pending completion of a regional
plan."
SECTION
4-4.
Said
chapter is further amended by revising subsections (d) and (e) of Code
Section 12-5-522, relating to a policy statement for comprehensive
state-wide water management planning, guiding principles, and requirements of
plans, as follows:
"(d)
The proposed comprehensive state-wide water management plan may include a
process for creating draft river basin management plans and draft ground-water
management plans and how such plans are finalized and revised, including the
designation of persons responsible for developing regional water development and
conservation plans, required contents of such plans, and how the public may
participate in the creation and revision of such plans.
(e)
The division shall make all water withdrawal permitting decisions in accordance
with this chapter, the comprehensive state-wide water management plan that has
been approved or enacted by the General Assembly as provided by this article,
and any applicable regional water development and conservation plan, including,
but not limited to, restrictions, if any, on diversion from or reduction of
flows in other watercourses. Any political subdivision or local water authority
that is not in compliance with the plan shall be ineligible for state grants or
loans for water projects, except for those projects designed to bring such
political subdivision or local water authority into compliance with the
plan."
PART
V
SECTION 5-1.
SECTION 5-1.
(a)
This part and Parts III and IV of this Act shall become effective upon approval
of this Act by the Governor or upon this Act becoming law without such
approval.
(b) Parts I and II of this Act shall become effective on July 1, 2008.
(c) Part I of this Act shall apply to all applications pending on or after the effective date thereof.
(b) Parts I and II of this Act shall become effective on July 1, 2008.
(c) Part I of this Act shall apply to all applications pending on or after the effective date thereof.
SECTION
5-2.
All
laws and parts of laws in conflict with this Act are repealed.