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SB 399 - Greenspace Commission - create

Thompson, Steve (33rd)	Tanksley, Charles B (32nd)	Stokes, Connie (43rd)
Price, Thomas E (56th)

Status Summary	SC:	NATR	HC:	NatR	FR:	02/02/00	LA:	04/16/00	Signed by Governor

First Reader Summary

A bill to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Code Sections - 36-22-1/ 36-22-2/ 36-22-3/ 36-22-4/ 36-22-5/ 36-22-6/ 36-22-7/ 36-22-8/ 36-22-9/ 36-22-10/ 36-22-11/ 36-22-12

SB 399 00                                            SB399/AP 
 
      SENATE BILL 399 
 
      By:  Senators Thompson of the 33rd, Tanksley of the 32nd, 
           Stokes of the 43rd, Price of the 56th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 36 of the Official Code of Georgia Annotated, 
  1- 2  relating to local government, so as to provide for state and 
  1- 3  local government activities with respect to preservation of 
  1- 4  greenspace; to state legislative intent; to define terms; to 
  1- 5  create the Georgia Greenspace Commission and provide for its 
  1- 6  membership, powers and duties, and operations; to create the 
  1- 7  Georgia Greenspace Trust Fund and provide for appropriations 
  1- 8  and other additions to said fund, as well as grants and 
  1- 9  other disbursements from said fund; to provide for 
  1-10  eligibility for and award and disbursement of grants to 
  1-11  counties; to authorize the Department of Natural Resources 
  1-12  to expend certain matching amounts for certain greenspace 
  1-13  acquisition and provide for management of property so 
  1-14  acquired; to provide for county community greenspace 
  1-15  programs and their development, criteria, components, and 
  1-16  approval; to provide for promulgation of rules and 
  1-17  regulations by the Department of Natural Resources; to 
  1-18  provide for related matters; to provide an effective date; 
  1-19  to repeal conflicting laws; and for other purposes. 
 
  1-20       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-21                           SECTION 1. 
 
  1-22  Title 36 of the Official Code of Georgia Annotated, relating 
  1-23  to local government, is amended by adding a new Chapter 22 
  1-24  to read as follows: 
 
 
 
  1-25    36-22-1. 
 
  1-26    The intent of this chapter is to provide a flexible 
  1-27    framework within which populous and rapidly growing cities 
  1-28    and counties in this state can develop a program of 
  1-29    community greenspace preservation.  The General Assembly 
  1-30    recognizes that the unique characteristics of each region 
  1-31    throughout the state preclude a mandated legislative 
  1-32    outcome for the preservation of greenspace in every 
  1-33    region.  The process provided by this chapter is intended 
 
 
                                 -1- 
 
 
 
  2- 1    to promote adoption in developed and rapidly developing 
  2- 2    areas of policies, rules, and regulations which will have 
  2- 3    the effect of preserving at least 20 percent of the land 
  2- 4    area as connected and open greenspace which can be 
  2- 5    utilized for informal recreational activities and 
  2- 6    protection of natural resources.  This chapter will also 
  2- 7    provide a resource of funding for preservation of such 
  2- 8    greenspace, which will augment currently available local, 
  2- 9    state, and federal funding. 
 
  2-10    36-22-2. 
 
  2-11    As used in this chapter, the term: 
 
  2-12      (1) 'Commission' means the Georgia Greenspace Commission 
  2-13      established by this chapter. 
 
  2-14      (2) 'County' shall include consolidated county and 
  2-15      municipal governments as well as a county. 
 
  2-16      (3) 'Greenspace' means permanently protected land and 
  2-17      water, including agricultural and forestry land, that is 
  2-18      in its undeveloped, natural state or that has been 
  2-19      developed only to the extent consistent with, or is 
  2-20      restored to be consistent with, one or more of the 
  2-21      following goals: 
 
  2-22        (A) Water quality protection for rivers, streams, and 
  2-23        lakes; 
 
  2-24        (B) Flood protection; 
 
  2-25        (C) Wetlands protection; 
 
  2-26        (D) Reduction of erosion through protection of steep 
  2-27        slopes, areas with erodible soils, and stream banks; 
 
  2-28        (E) Protection of riparian buffers and other areas 
  2-29        that serve as natural habitat and corridors for native 
  2-30        plant and animal species; 
 
  2-31        (F) Scenic protection; 
 
  2-32        (G) Protection of archaeological and historic 
  2-33        resources; 
 
  2-34        (H) Provision of recreation in the form of boating, 
  2-35        hiking, camping, fishing, hunting, running, jogging, 
  2-36        biking, walking, and similar outdoor activities; and 
 
  2-37        (I) Connection of existing or planned areas 
  2-38        contributing to the goals set out in this paragraph. 
 
 
 
                                 -2- 
 
 
 
  3- 1    36-22-3. 
 
  3- 2    (a) There is created the Georgia Greenspace Commission. 
  3- 3    The commission shall be composed of the commissioner of 
  3- 4    the Department of Natural Resources, the director of the 
  3- 5    State Forestry Commission, and three additional members to 
  3- 6    be appointed by and to serve at the pleasure of the 
  3- 7    Governor. 
 
  3- 8    (b) The members of the commission shall receive no 
  3- 9    compensation for their services on the commission but 
  3-10    shall be reimbursed for actual expenses incurred while 
  3-11    discharging the duties imposed upon them by this chapter. 
 
  3-12    (c) For administrative purposes the commission shall be 
  3-13    attached to the Department of Natural Resources.  The 
  3-14    Department of Natural Resources shall provide staff 
  3-15    support to the commission, utilizing personnel and funds 
  3-16    available to the department. 
 
  3-17    36-22-4. 
 
  3-18    (a) There is established the Georgia Greenspace Trust Fund 
  3-19    to consist of any moneys appropriated to such fund, 
  3-20    voluntary contributions to such fund, any federal moneys 
  3-21    deposited in such fund, and other moneys acquired for the 
  3-22    use of such fund by any fund raising or other promotional 
  3-23    techniques deemed appropriate by the Department of Natural 
  3-24    Resources, and all interest thereon.  All balances in the 
  3-25    fund shall be deposited in an interest-bearing account and 
  3-26    shall be carried forward each year so that no part thereof 
  3-27    may be deposited in the general treasury.  The Department 
  3-28    of Natural Resources shall administer the fund, shall 
  3-29    expend moneys held in the fund in furtherance of the 
  3-30    purposes of and pursuant to the provisions of this 
  3-31    chapter, and shall prepare, by February 1 of each year, an 
  3-32    accounting of the funds received and expended from the 
  3-33    fund. The report shall be made available to the 
  3-34    commission, to the members of the General Assembly, and to 
  3-35    members of the public on request. 
 
  3-36    (b) Within the Georgia Greenspace Trust Fund, moneys 
  3-37    obtained by appropriation by the General Assembly, and 
  3-38    interest thereon, shall be segregated from all other 
  3-39    moneys.  Such appropriated funds shall be made available 
  3-40    in each fiscal year for grants to counties having an 
  3-41    approved greenspace program as follows: 
 
 
 
 
                                 -3- 
 
 
 
  4- 1      (1) The total amount of such funds shall be divided into 
  4- 2      grant amounts derived by: 
 
  4- 3        (A) Determining the amount of state funds obtained in 
  4- 4        the immediately prior fiscal year by the application 
  4- 5        of the state property tax levy on residential property 
  4- 6        in each county eligible to submit a greenspace program 
  4- 7        under Code Section 36-22-10; 
 
  4- 8        (B) Dividing that number by the amount of state funds 
  4- 9        obtained in the immediately prior fiscal year by the 
  4-10        application of the state property tax levy on 
  4-11        residential property in all counties eligible to 
  4-12        submit a greenspace program under Code Section 
  4-13        36-22-10, such that a percentage of the aggregate 
  4-14        number is obtained applicable to each such county; and 
 
  4-15        (C) Applying the applicable percentage for each 
  4-16        eligible county to the sum of appropriated moneys, 
  4-17        such that a discrete amount is identified for each 
  4-18        eligible county; 
 
  4-19      (2) Upon approval of a greenspace program in an eligible 
  4-20      county pursuant to the terms and conditions of this 
  4-21      chapter, there shall be disbursed from the appropriated 
  4-22      funds a grant in the amount resulting from the 
  4-23      calculation in paragraph (1) of this subsection, to be 
  4-24      deposited into the county's Community Greenspace Trust 
  4-25      Fund; and 
 
  4-26      (3) Prior to the conclusion of each fiscal year, at a 
  4-27      time to be determined by regulation of the Department of 
  4-28      Natural Resources, any appropriated funds not previously 
  4-29      disbursed pursuant to this subsection shall be divided 
  4-30      among the counties having an approved greenspace program 
  4-31      in proportion to the ratio of each county's grant under 
  4-32      paragraph (2) of this subsection to the total amount of 
  4-33      grants in the fiscal year under said paragraph (2) and 
  4-34      granted to such counties in such amounts for deposit 
  4-35      into the counties' Community Greenspace Trust Funds. 
  4-36      The regulations implementing this paragraph shall 
  4-37      provide for a date certain, as close as reasonably 
  4-38      practicable to the end of the state's fiscal year, on 
  4-39      and after which no further approval of greenspace 
  4-40      programs applicable to that fiscal year will be granted. 
  4-41      Any program approval on or after such date shall be 
  4-42      deemed applicable to any funds appropriated for the next 
  4-43      fiscal year. 
 
 
 
                                 -4- 
 
 
 
  5- 1    (c) Any municipality electing to cooperate in a county's 
  5- 2    greenspace program pursuant to the provisions of Code 
  5- 3    Section 36-22-6 shall establish a Community Greenspace 
  5- 4    Trust Fund subject to the same terms and conditions 
  5- 5    applicable to a county's Community Greenspace Trust Fund. 
 
  5- 6    (d) Moneys deposited into a Community Greenspace Trust 
  5- 7    Fund by grant from the Georgia Greenspace Trust Fund and 
  5- 8    any matching funds deposited into such a fund pursuant to 
  5- 9    subsection (e) of this Code section, together with 
  5-10    interest thereon, shall be expended solely to defray the 
  5-11    costs of acquisition of greenspace as defined in this 
  5-12    chapter, or of conservation, scenic, and other easements 
  5-13    which contribute to the goals set out for greenspace in 
  5-14    Code Section 36-22-2. 
 
  5-15    (e) The Department of Natural Resources is authorized to 
  5-16    match, from funds appropriated to or otherwise available 
  5-17    to the department, all or any part of an expenditure of 
  5-18    moneys from a city or county's Community Greenspace Trust 
  5-19    Fund which expenditure is made for the purpose of 
  5-20    acquiring property adjacent to or within the watershed of 
  5-21    the Chattahoochee River, the Flint River, the Altamaha 
  5-22    River, or any other river which the department designates 
  5-23    by regulation as eligible for a match pursuant to this 
  5-24    subsection.  The department may, by agreement with such 
  5-25    city or county, accept and administer property acquired by 
  5-26    a city or county pursuant to this chapter as a unit of the 
  5-27    state parks system, or may make such other agreements for 
  5-28    the ownership and operation of the property as are 
  5-29    outlined by Code Sections 12-3-32 and 27-1-6. 
 
  5-30    36-22-5. 
 
  5-31    Each county becoming eligible to submit a greenspace 
  5-32    program under Code Section 36-22-10 may initiate the 
  5-33    process of program development by the provision of a 
  5-34    written notice from the county to the Georgia Greenspace 
  5-35    Commission.  Such notice shall state the date, time, and 
  5-36    place for a public meeting at which designated 
  5-37    representatives of all local governing bodies and other 
  5-38    interested persons shall assemble for the purpose of 
  5-39    commencing deliberations on the greenspace program 
  5-40    development.  The notice shall be sent not more than 45 
  5-41    days but not less than 15 days prior to the meeting date 
  5-42    and published at those times in the legal organ of the 
  5-43    county. 
 
 
 
                                 -5- 
 
 
 
  6- 1    36-22-6. 
 
  6- 2    In the development of a greenspace program, the following 
  6- 3    criteria shall be met: 
 
  6- 4      (1) The program shall promote the permanent protection 
  6- 5      of greenspace constituting a minimum of 20 percent of 
  6- 6      the geographic area of the county; 
 
  6- 7      (2) The program shall: (A) identify legal and structural 
  6- 8      barriers to the achievement of a goal of preservation of 
  6- 9      a minimum of 20 percent of the geographic area of the 
  6-10      county as permanently protected greenspace; (B) propose 
  6-11      a ten-year strategy for the mitigation or elimination of 
  6-12      such barriers by local action, including, but not 
  6-13      limited to, zoning and land use ordinance changes, local 
  6-14      legislation to be enacted by the General Assembly, and 
  6-15      local conservation and preservation ordinances; and (C) 
  6-16      identify, and commit to the employment of, existing 
  6-17      local land use ordinances, policies, and regulations 
  6-18      which will further the achievement of the preservation 
  6-19      of permanently protected greenspace; and 
 
  6-20      (3) The program shall specify a program and method for 
  6-21      allocation of greenspace funds by the county to 
  6-22      municipalities electing to participate in a cooperative 
  6-23      greenspace program with the county and located wholly or 
  6-24      partly within the county which provide for population 
  6-25      based proportional sharing of greenspace funds allocated 
  6-26      under this chapter and cooperative expenditure of 
  6-27      resources. 
 
  6-28    36-22-7. 
 
  6-29    Each greenspace program shall include the following 
  6-30    components: 
 
  6-31      (1) An identification of all greenspace presently 
  6-32      permanently protected within the county; 
 
  6-33      (2) An identification of any specific parcels of land or 
  6-34      water which have been designated for acquisition or 
  6-35      protection under the greenspace program; 
 
  6-36      (3) An identification of any changes made in the 
  6-37      comprehensive plan prepared pursuant to Code Section 
  6-38      36-70-3 to assure that such plan is consistent with the 
  6-39      greenspace program; 
 
 
 
 
 
                                 -6- 
 
 
 
  7- 1      (4) An assignment of which division, branch, or other 
  7- 2      subdivision of county government will be responsible for 
  7- 3      identifying and preserving future greenspace; 
 
  7- 4      (5) A certified copy of a resolution adopted by any 
  7- 5      municipality electing to cooperate with the county in a 
  7- 6      greenspace program pursuant to Code Section 36-22-6 
  7- 7      approving such cooperation, authorizing a Community 
  7- 8      Greenspace Trust Fund for such municipality and 
  7- 9      providing a description of the sources of funding for 
  7-10      greenspace available to the municipality, other than 
  7-11      funds provided pursuant to this chapter; and 
 
  7-12      (6) A certification of the authorization of a Community 
  7-13      Greenspace Trust Fund for the county and a description 
  7-14      of the sources of funding for greenspace available to 
  7-15      the county, other than funds provided pursuant to this 
  7-16      chapter. 
 
  7-17    36-22-8. 
 
  7-18    (a) Approval of the county greenspace program shall be 
  7-19    accomplished as provided for in this Code section. 
 
  7-20    (b) Upon adoption of a resolution embodying a greenspace 
  7-21    program by the county governing authority, the resolution 
  7-22    shall be submitted to the Georgia Greenspace Commission 
  7-23    between July 1 and December 1 of any year in which the 
  7-24    county is eligible for and wishes to obtain a grant 
  7-25    pursuant to Code Section 36-22-4. 
 
  7-26    (c) The Georgia Greenspace Commission shall review each 
  7-27    county greenspace program for compliance with all 
  7-28    applicable terms and conditions of this chapter.  The 
  7-29    decision of the commission that a county greenspace 
  7-30    program complies with those terms and conditions shall 
  7-31    cause the county to become eligible for and to receive a 
  7-32    greenspace grant pursuant to the terms of this chapter. 
  7-33    The decision of the commission that a county greenspace 
  7-34    program does not comply with all of those terms and 
  7-35    conditions shall cause the county to be ineligible for 
  7-36    such grants; provided, however: 
 
  7-37      (1) The commission shall forward to the county a written 
  7-38      explanation of the deficiencies found in its program, 
  7-39      together with suggestions for their correction; and 
 
  7-40      (2) The county may resubmit its timely submitted program 
  7-41      at any time for approval, subject, however, to the time 
 
 
 
                                 -7- 
 
 
 
  8- 1      limitations on approval set forth in paragraph (3) of 
  8- 2      subsection (b) of Code Section 36-22-4. 
 
  8- 3    36-22-9. 
 
  8- 4    Each county having an approved greenspace program shall 
  8- 5    review, and revise if necessary, its approved greenspace 
  8- 6    program not less often than once every two years, and 
  8- 7    resubmit the program for approval by the commission under 
  8- 8    the terms and conditions of Code Section 36-22-8, together 
  8- 9    with a report of progress toward achievement of the goal 
  8-10    of the county's program. 
 
  8-11    36-22-10. 
 
  8-12    Any county of this state shall be eligible to submit a 
  8-13    greenspace program for approval pursuant to the terms of 
  8-14    Code Section 36-22-8 if such county: 
 
  8-15      (1) Has a population of not less than 60,000 pursuant to 
  8-16      the United States decennial census of 1990 or any future 
  8-17      such census; or 
 
  8-18      (2) Has experienced average population growth of at 
  8-19      least 800 persons per year as measured by the population 
  8-20      change between the United States decennial census of 
  8-21      1990 or any future such census and the most recent year 
  8-22      for which the United States Bureau of the Census has 
  8-23      prepared official estimates of population. 
 
  8-24    The Department of Natural Resources shall provide by 
  8-25    regulation for the determination and notification of 
  8-26    eligible counties consistent with the terms of this Code 
  8-27    section. 
 
  8-28    36-22-11. 
 
  8-29    Moneys in the Georgia Greenspace Trust Fund other than 
  8-30    moneys appropriated to the fund by the General Assembly 
  8-31    shall be made available to all cities and counties in the 
  8-32    state for discretionary grants for preservation of 
  8-33    greenspace.  The commission is authorized and directed to 
  8-34    accept and review applications for such grants, under 
  8-35    terms, conditions, and procedures to be established by 
  8-36    regulation of the Department of Natural Resources and is 
  8-37    authorized to make such grants in such amounts as it deems 
  8-38    appropriate from time to time.  Any such grant shall be 
  8-39    deposited into a Community Greenspace Trust Fund which 
  8-40    shall be established by a city or county as a condition of 
  8-41    receipt of such grant unless otherwise previously 
 
 
 
                                 -8- 
 
 
 
  9- 1    established, and such trust fund and such grant shall be 
  9- 2    administered in a manner consistent with purposes of this 
  9- 3    chapter and any regulations promulgated by the Department 
  9- 4    of Natural Resources applicable to such trust funds and 
  9- 5    grants, together with the terms and conditions of any such 
  9- 6    grant. 
 
  9- 7    36-22-12. 
 
  9- 8    The Department of Natural Resources is authorized to 
  9- 9    promulgate such rules and regulations as it may deem 
  9-10    advisable to implement the terms of this chapter.  The 
  9-11    department is authorized to audit, or have audited, any 
  9-12    city or county Community Greenspace Trust Fund which 
  9-13    receives moneys pursuant to the terms of this chapter, and 
  9-14    to investigate the use of such moneys or the use of 
  9-15    properties obtained in whole or in part by the use of such 
  9-16    moneys." 
 
  9-17                           SECTION 2. 
 
  9-18  This Act shall become effective upon its approval by the 
  9-19  Governor or upon its becoming law without such approval. 
 
  9-20                           SECTION 3. 
 
  9-21  All laws and parts of laws in conflict with this Act are 
  9-22  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -9-