08 LC 25
5008
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
A
BILL TO BE ENTITLED
AN ACT
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 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.
This
Act shall be known and may be cited as the "Water Conservation and Drought
Relief Act."
SECTION
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
carry out
the:
(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, provided
that matching federal funds are obtained for such purposes;
(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
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;
(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
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."
SECTION
5.
This
Act shall become effective on July 1, 2008, and shall apply to all applications
pending on or after such date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.