08 LC
25 5078
Senate
Bill 351
By:
Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th,
Williams of the 19th, Smith of the 52nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to comprehensive state-wide water management planning, so as
to provide for a joint State-wide Water Planning Oversight Committee and the
members, powers, and duties thereof; to amend Code Section 50-13-4 of the
Official Code of Georgia Annotated, relating to procedural requirements for
adoption, amendment, or repeal of rules, emergency rules, limitation on action
to contest rules, and legislative override, so as to change certain provisions
relating to exceptions from legislative override; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to comprehensive state-wide water management planning, is amended by adding a
new Code section to read as follows:
"12-5-526.
(a)(1)
There is created as a joint committee of the General Assembly the State-wide
Water Planning Oversight Committee, to be composed of three members of the
Senate appointed by the President of the Senate, the chairperson of the Senate
Natural Resources and the Environment Committee, three members of the House of
Representatives appointed by the Speaker of the House, and the chairperson of
the House Committee on Natural Resources and Environment. The members of the
oversight committee shall serve two-year terms concurrent with their terms as
members of the General Assembly. During even-numbered years, the chairperson of
the Senate Natural Resources and the Environment Committee shall serve as
chairperson of the oversight committee, and the chairperson of the House
Committee on Natural Resources and Environment shall serve as vice chairperson
of the oversight committee. During odd-numbered years, the chairperson of the
House Committee on Natural Resources and Environment shall serve as chairperson
of the oversight committee, and the chairperson of the Senate Natural Resources
and the Environment Committee shall serve as vice chairperson of the oversight
committee. Any vacancy in an appointed member´s position shall be filled
for the unexpired term in the same manner as the original appointment. Initial
appointments shall be made not later than July 1, 2008.
(2)
The oversight committee shall advise the General Assembly regarding the
implementation of any state-wide water management plan under this article. The
committee shall meet upon the call of the chairperson.
(b)
For purposes of subsection (e) of Code Section 50-13-4, the oversight committee
shall serve as the appropriate standing committee for both the Senate and the
House of Representatives in regard to any rules or regulations to implement any
state-wide water management plan under this article or otherwise pertaining to
water quantity management, water demand management, water return management,
water supply management, water quality management, enhanced water quality
standards and monitoring practices, enhanced water pollution control management
practices, regional water planning, or drought management.
(c)
Subsection (f) of Code Section 50-13-4 shall not apply to any rules or
regulations that are subject to this Code section.
(d)
In the event the oversight committee files an objection to a proposed rule or
regulation with the chairperson of the Board of Natural Resources prior to the
board´s taking action on the proposed rule or regulation, then the same
shall be stayed. Thereafter, by introduction of a resolution in either the
Senate or the House of Representatives within the first 30 days of the next
regular session of the General Assembly, the objection may be considered for
ratification by joint resolution of the General Assembly. In the event such a
resolution is adopted by the requisite constitutional majority in either body of
the General Assembly, it shall be immediately transmitted to the other body of
the General Assembly. It shall be the duty of the presiding officer of the other
body of the General Assembly to have such body, within five days after the
receipt of the resolution, consider the resolution for the purpose of ratifying
the objection to the proposed rule. If a resolution ratifying the objection is
adopted by the requisite constitutional majority in the House of Representatives
and the Senate, the resolution shall be submitted to the Governor for his or her
approval or veto. If such a resolution ratifying the objection becomes law with
or without the Governor´s approval on or before July 1 next following the
regular session of the General Assembly, the proposed rule shall not become
effective."
SECTION
2.
Code
Section 50-13-4 of the Official Code of Georgia Annotated, relating to
procedural requirements for adoption, amendment, or repeal of rules, emergency
rules, limitation on action to contest rules, and legislative override, is
amended by revising subsection (g) as follows:
"(g)(1)
Subsection (f) of this Code section shall not apply to the Environmental
Protection Division of the Department of Natural Resources, but paragraph (2) of
this subsection shall apply to the Environmental Protection Division of the
Department of Natural Resources.
(2)(A)
In the event the
chairman
chairperson
of any standing committee to which a proposed rule relative to the Environmental
Protection Division of the Department of Natural Resources is assigned notifies
the agency that the committee objects to the adoption of the rule or has
questions concerning the purpose, nature, or necessity of the rule, it shall be
the duty of the agency to consult with the committee prior to the adoption of
the rule;
provided, however, that this subparagraph shall not apply to any rules or
regulations that are subject to subparagraph (B) of this
paragraph.
(B)
Any rules or regulations to implement any state-wide water management plan under
Article 8 of Chapter 5 of Title 12 or otherwise pertaining to water quantity
management, water demand management, water return management, water supply
management, water quality management, enhanced water quality standards and
monitoring practices, enhanced water pollution control management practices,
regional water planning, or drought management shall be subject to legislative
objection and override as provided by Code Section
12-5-526."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.