08 LC 25
5306S
The
House Committee on Rules offers the following substitute to SB 342:
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 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
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;
(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.
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)(1.1)
'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
department
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
the
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
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
by the
department 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
department
is authorized to acquire
division may
acquire, design, construct, equip,
operate, maintain, expand, and improve a
'project,'
as such term is defined in paragraph (10) of Code Section
12-5-471
project,
in whole or in part, directly or under contract with others, including each of
the facilities described in
said
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
department
division
is
authorized,
with the approval of the State Properties
Commission, to acquire land for such
purposes; provided, however, that the
department
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
department
division
or which is funded
by the
Georgia Environmental Facilities Authority
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)
As a condition precedent to the acquisition or construction of any project, the
department shall enter into an agreement with any local government, including
any local board of education, which will have property removed from, or
converted to tax-exempt status in, its ad valorem tax digest or tax base as a
result of the acquisition or construction of the project. Each such agreement
shall provide that in each year following the year in which the agreement is
entered into the department will make payments in lieu of ad valorem taxes to
the affected local government with respect to the property removed from, or
converted to tax-exempt status in, the local government´s tax digest or tax
base. The amount of payments to be made in each year shall be determined by
applying the local government´s ad valorem tax millage rate for that year
to the assessed value of the property removed from, or placed in tax-exempt
status in, the local government´s tax digest or tax base; and for this
purpose the assessed value of such property shall be the assessed value as
determined for the year prior to the year in which the property is removed from,
or placed in tax-exempt status in, the tax digest or tax base. Such assessed
value and payments made shall be increased or decreased from year to year
thereafter as the value of other property having the same type and use as that
of the project property when removed from the digest shall increase or decrease;
provided, however, that the department shall have all rights of appeal available
as to value pursuant to Code Section 48-5-311. Payments provided for in this
subsection shall be made from funds derived by the department and subject to
subsection (b) of Code Section 12-5-474 to the extent that such funds are
available; and to the extent that such funds are not available payments provided
for in this subsection shall be made from any funds appropriated to the
department for this purpose, which appropriated sums shall become a cost of the
project or its operations. Deficiencies in payments shall accrue from year to
year until paid together with interest without penalty as provided by
law.
(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
department
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,
and use and
to
use,
sell, convey, exchange, transfer, lease, sublease, and dispose of
real and
personal property of every kind and
character
the
same, or any interest therein, for its
services, purposes, duties, responsibilities, or functions pursuant to this
article;
and any local government
is
authorized to
may
grant, sell, or otherwise alienate leaseholds, real and personal property, or
any interest therein to the
department
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
department
division;
(4)
To make and execute contracts, lease agreements, and all other instruments
necessary to exercise the powers of the
department
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
are
authorized to
may
enter into contracts, leases, agreements, or other instruments with the
department
division
upon such terms and to transfer real and personal property to the state for the
use of the
department
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
department
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
are
authorized to
may
enter into contracts with the
department
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
department
division
is managing under contract with the state;
(8)
To contract with state agencies or any local government for the use by the
department
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
department
division,
and such state agencies and local governments
are
authorized to
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
department
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
are
authorized and empowered to
may
cooperate and act in conjunction, and to enter into contracts or agreements with
the
department
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
title
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
department
is authorized to
division
may fix rentals, fees, prices, and other
charges which any user, concessionaire, franchisee, or vendor shall pay to the
department
division
for the use of a project or part thereof or combination thereof, and for the
goods and services provided by the
department
division
in conjunction with such use, as the
department
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
department
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
department
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)
Notwithstanding
any other provision of law, the department is authorized to retain all
miscellaneous
All
those funds generated by the operation of
the projects
for use in
the operation and maintenance of those sites and facilities. Any such funds not
expended for this purpose in the fiscal year in which they are
generated
and paid to
the division shall be deposited in the
Georgia
Reservoir Fund established by Code Section
50-23-28
state
treasury, provided that nothing in this Code section shall be construed so as to
allow the department to retain any funds required by the Constitution of Georgia
to be paid into the state treasury; provided, further, that the department shall
comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the
'Budget Act,' except Code Section 45-12-92, prior to expending any such
miscellaneous funds.
(c)
The
department
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
department
division
may determine necessary or
appropriate;
and the department shall require a water conservation plan approved pursuant to
rules and regulations prescribed by the Board of Natural
Resources,
subject to the limitations provided for by this
article.
12-5-475.
(a)
It shall be the duty of the
Board of
Natural Resources
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
department
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
the
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
department
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
department
division
makes a final determination of the project site.
(b)
It shall be the duty of the
Board of
Natural Resources
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.
The initial
plan for the activities for each project, other than for water supply, shall be
approved by the Project Site Control Advisory Council. Any subsequent change in
the initial plan shall be subject to the provisions of Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
12-5-476.
(a)
The
department
is authorized to
division
may contract with any local government to
exercise on behalf of
the
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
department
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
is
shall
be authorized by such contract to delegate
to the
department
division
all or such goods or services of the
department
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
subsection
(c) of Code Section 12-5-472
this
article, any such contract shall provide
that the local government shall reimburse the
department
division
for all of the costs, liabilities, and expenses of the
department
division
incurred by the
department
division
in exercising such powers or providing such goods or services; and the
department
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
foregoing
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
the
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
department
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
department
division
may undertake such facility or provide such services or facilities of the
department
division,
in whole or in part, to or for the benefit of the public entity contracting with
the
department
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
is
authorized to
may
undertake to pay the
department
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
is
authorized to
may
contract with the
department
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
department
division.
(d)
In connection with its operations, the
department
division
may similarly obtain from, and each public entity may provide, such activities,
services, or facilities which the
department
division
is authorized to provide.
(e)
The
department shall establish prior to the commencement of each project a Project
Water Users Advisory Council and a Project Site Control Advisory Council. The
membership of the Project Water Users Advisory Council shall include the chief
executive officers, or their designees, of each local government purchasing
water from the project. The membership of the Project Site Control Advisory
Council shall include the chief executive officers, or their designees, of each
local government within which any part of the project is located. The
commissioner, or his designee, shall serve as an ex officio member of each
advisory council. Each advisory council formed shall meet from time to time as
provided by rule and regulation of the Board of Natural Resources and shall
elect its own officers and establish such bylaws as its membership may deem
appropriate for the conduct of its business. Each Project Water Users Advisory
Council shall consult with and advise the department concerning the operation
and management of the project for which it was formed. The operation and
management of a project shall be subject to the review of the Project Site
Control Advisory Council formed for such
project.
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
department
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
department
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
department
division
to secure the complete and punctual performance by such local government of such
lease agreements and to provide for the remedies of the
department
division
in the event of a default by such local government in such payment.
12-5-480.
The
department
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.
Chapter 22
of Title 50
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
department
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
department
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
to the
department and all amounts due to others,
which involve the credit or guarantee of the state
or the
authority, it shall be the duty of the
department
to notify the director of the Office of
Treasury and Fiscal Services
who
shall
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
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
or
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
is further
authorized to
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
is further
authorized to
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
director of 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;
and
(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
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 4,
2007
October 2,
2008, and concluding at 12:00 Midnight on
October 7,
2007
October 5,
2008.
(B)
For the
purposes of this exemption, an energy efficient product
is
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, the
energy efficiency of 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)
Reserved.
(E)(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.
(a)
The Board of Natural Resources shall adopt rules and regulations relating to the
conduct, content, and submission of the water conservation plans required by
Code Sections 12-5-31 and 12-5-96.
(b)
The director of the Environmental Protection Division of the Department of
Natural Resources shall appoint a task force to assist in the writing of the
rules and regulations required by subsection (a) of this Code section. The task
force shall have 12 members. Three members shall represent the business and
industry community, three shall represent the agriculture industry, three shall
represent local governments, and three shall represent environmental and
citizens groups. The members of the task force shall serve without compensation
or reimbursement of expenses. The task force shall disband upon the adoption by
the Board of Natural Resources of the rules and regulations provided for in
subsection (a) of this Code section.
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
for a
period of 25 years or more, 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
a
water development and conservation
plan
plans
for the applicant
or
and
for the region
in accordance
with Article 8 of this chapter. Such water
development and conservation
plan
plans
for the applicant
or
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.
In the
event the director determines that a regional plan is required in connection
with any application for a permit for the use of water for a period of 25 years
or more, the division or a person or entity designated by the division may
develop such a plan.
Regional water
plans shall be developed in accordance with Article 8 of this
chapter. Such regional
plan
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)
A regional water development conservation and sustainable use plan, where
applicable; and
(10)(9)
Any other relevant factors.
(e)
The
division or a party designated by the division may develop a
regional
Regional
water development and conservation
plan
plans
for the state´s major aquifers or any portion thereof
shall be
developed in accordance with Article 8 of this
chapter. Such
plan
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
plan
plans
shall serve to promote the conservation and reuse of water within the state,
guard against a shortage of water within the state and