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04 LC 25 3644
House Bill
1836
By: Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Boggs of the 145th, Williams of the 128th, Purcell of the 122nd, and others
By: Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Boggs of the 145th, Williams of the 128th, Purcell of the 122nd, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 2 of Chapter 8 of Title 50 of the Official
Code of Georgia Annotated, relating to regional development centers, so as to
provide for comprehensive state water management planning; to provide
legislative findings and declarations; to provide for preparation of regional
components of such plan by regional development centers; to provide for minimum
standards and criteria; to provide for advisory boards; to provide for public
participation; to provide for approval of such regional plans and compilation of
a comprehensive state water management plan by the Environmental Protection
Division of the Department of Natural Resources; to provide for revision and
implementation of the comprehensive state water management plan and components
thereof; to provide for rules and regulations; to provide for effects of
noncompliance; to amend Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to water resources, so as to repeal certain provisions
relating to river basin management plans; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The General Assembly finds and declares as
follows:
(1) The state has an essential public interest in establishing planning procedures for land use and the inherently linked natural resources in order to protect and preserve such natural resources, environment, and vital areas;
(2) Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state;
(3) Water planning is an important local and regional planning component that is critical to meeting the needs and providing for the general welfare of the people and representatives of private and public organizations of Georgia;
(4) There is a need and a desire to ensure that local representation will be adequately involved from both the public and private sector representatives;
(5) Regional development centers are the state´s official regional planning entities, are intimately familiar with the water resource issues within their regions, and can ensure local representation and input in the planning process; and
(6) With overall direction from the Environmental Protection Division of the Department of Natural Resources, regional development centers are the appropriate government agencies to develop regional water management plans that can and should be compiled and integrated into a comprehensive state-wide water management plan.
(1) The state has an essential public interest in establishing planning procedures for land use and the inherently linked natural resources in order to protect and preserve such natural resources, environment, and vital areas;
(2) Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state;
(3) Water planning is an important local and regional planning component that is critical to meeting the needs and providing for the general welfare of the people and representatives of private and public organizations of Georgia;
(4) There is a need and a desire to ensure that local representation will be adequately involved from both the public and private sector representatives;
(5) Regional development centers are the state´s official regional planning entities, are intimately familiar with the water resource issues within their regions, and can ensure local representation and input in the planning process; and
(6) With overall direction from the Environmental Protection Division of the Department of Natural Resources, regional development centers are the appropriate government agencies to develop regional water management plans that can and should be compiled and integrated into a comprehensive state-wide water management plan.
SECTION 2.
Article 2 of Chapter 8 of Title 50 of the Official Code of
Georgia Annotated, relating to regional development centers, is amended by
inserting a new Code section to read as
follows:
"50-8-38.1.
(a)(1) Each regional development center shall create a water management plan for its respective region, including provisions for the protection of ground water, headwaters, and estuaries; provided, however, that any area under the jurisdiction of the Metropolitan North Georgia Water Planning District shall be excluded from the plan of any regional development center. Each such regional water management plan shall address, among other issues, surface and ground water quantity and use; water quality and waste-water and storm-water management; water conservation and efficiency; and public information and education. Such plans shall also identify procedures and strategies for meeting state water management goals; data and information needs and research necessary to meet those needs; costs of implementation of the plan; and methods for assuring effective implementation of the plan, including benchmarks and annual milestones.
(2) Each regional water management plan shall conform to minimum standards and criteria for the formulation and format of such plans as provided by rules or regulations which shall be promulgated by the Board of Natural Resources not later than December 31, 2004. Such minimum standards and guidelines shall be established in accord with and contain the following policy statement: 'Georgia manages water resources in a sustainable manner to support the state´s economy, to protect public health and natural systems, and to enhance the quality of life for all citizens.' In addition, the following principles shall guide the development of such minimum standards and criteria:
(A) Effective water resources management protects public health and the safety and welfare of Georgia´s citizens;
(B) Water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems;
(C) All citizens have a stewardship responsibility to conserve and protect the water resources of Georgia;
(D) Water management efforts must have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent;
(E) Water quality and quantity and surface and ground water are interrelated and require integrated planning as well as reasonable and efficient use of water resources;
(F) A comprehensive and accessible database must be developed to provide sound scientific and economic information upon which effective water management decisions can be based;
(G) Water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed, river basin, and aquifer management;
(H) Sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and private sector entities managing or utilizing water; and
(I) Periodic revisions of the water management plans may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors.
(b)(1) There shall be a regional water resource advisory board for each regional development center. Each such advisory board shall be responsible for preparing the regional water management plan for its respective region. Membership of each regional water resource advisory board shall consist of not more than 35 persons appointed by the board of the regional development center, with membership on the advisory board reflecting various interests such as ground and surface water users, public and private water system managers, environmental and conservation organizations, and other interests. Members of the regional advisory boards shall receive no compensation for their services as such members. Each regional advisory board shall elect from among its members a chairperson, a vice chairperson, and such other officers as the members deem necessary.
(2) The boards and water resource advisory boards of those regional development centers having adjoining territories shall coordinate with each other in the development of their respective regional water management plans as to any cross-jurisdictional water resource issues. If the boards of the regional development centers involved do not reach a mutual agreement as to resolving any such issue prior to submission of the final regional water management plans to the Environmental Protection Division of the Department of Natural Resources as provided by paragraph (4) of this subsection, then upon written petition of any such board, the director of the Environmental Protection Division shall act or designate an employee of such division to act as a mediator in the dispute prior to submission of final regional plans to such division.
(3) The regional development centers shall provide for meaningful public participation in the process of drafting and finalizing their plans. Each draft water management plan shall be published for public comment at least 30 days before being finalized. Each regional development center shall hold public hearings regarding the draft plan once it has been published. The water management plan for any region shall be accompanied by substantive responses to comments that have not been incorporated into the final regional plan. The final water management plan prepared by the water resource advisory board for its region shall be subject to approval by the board of the regional development center.
(4) Each regional development center shall submit its final water management plan to the Environmental Protection Division of the Department of Natural Resources not later than December 31, 2006.
(c)(1) The Environmental Protection Division of the Department of Natural Resources shall incorporate each regional development center´s final water management plan and any water management plan promulgated by the Metropolitan North Georgia Water Planning District into a comprehensive state water management plan, making only such changes to the component water management plans as are reasonable and necessary to integrate such components into a coordinated and comprehensive whole and to conform to any applicable requirements of this chapter or other provisions of this Code.
(2) The first comprehensive state water management plan shall be approved as provided in subsection (d) of this Code section not later than December 31, 2007, and shall be reviewed for potential revision by the regional development centers as to regional components of the plan and by the Environmental Protection Division of the Department of Natural Resources as to the comprehensive state water management plan as a whole at least once every five years following approval of the first comprehensive state water management plan.
(d) Final approval and implementation of the first comprehensive state water management plan, and any subsequent revisions thereof, shall be through the adoption of rules and regulations which incorporate or revise such a plan by the Board of Natural Resources in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Such plan and any revision thereof shall not be inconsistent with the provisions of Chapter 5 of Title 12 or any other provision of Title 12.
(e) The comprehensive state water management plan shall be binding on all state and local government agencies and private water system operators once approved, including without limitation the Metropolitan North Georgia Water Planning District for purposes of planning in accordance with Code Section 12-5-582 and Code Section 12-5-584. The Environmental Protection Division of the Department of Natural Resources shall continue to grant water withdrawal permits under Article 2 of Chapter 5 of Title 12, Part 2 of Article 3 of Chapter 5 of Title 12, regulations promulgated under such laws, and in accordance with reasonable use. Any local government or private water system operator that does not implement the comprehensive state water plan shall be ineligible for state grants or loans for any water supply and conservation programs that are inconsistent with the comprehensive state water plan."
"50-8-38.1.
(a)(1) Each regional development center shall create a water management plan for its respective region, including provisions for the protection of ground water, headwaters, and estuaries; provided, however, that any area under the jurisdiction of the Metropolitan North Georgia Water Planning District shall be excluded from the plan of any regional development center. Each such regional water management plan shall address, among other issues, surface and ground water quantity and use; water quality and waste-water and storm-water management; water conservation and efficiency; and public information and education. Such plans shall also identify procedures and strategies for meeting state water management goals; data and information needs and research necessary to meet those needs; costs of implementation of the plan; and methods for assuring effective implementation of the plan, including benchmarks and annual milestones.
(2) Each regional water management plan shall conform to minimum standards and criteria for the formulation and format of such plans as provided by rules or regulations which shall be promulgated by the Board of Natural Resources not later than December 31, 2004. Such minimum standards and guidelines shall be established in accord with and contain the following policy statement: 'Georgia manages water resources in a sustainable manner to support the state´s economy, to protect public health and natural systems, and to enhance the quality of life for all citizens.' In addition, the following principles shall guide the development of such minimum standards and criteria:
(A) Effective water resources management protects public health and the safety and welfare of Georgia´s citizens;
(B) Water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems;
(C) All citizens have a stewardship responsibility to conserve and protect the water resources of Georgia;
(D) Water management efforts must have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent;
(E) Water quality and quantity and surface and ground water are interrelated and require integrated planning as well as reasonable and efficient use of water resources;
(F) A comprehensive and accessible database must be developed to provide sound scientific and economic information upon which effective water management decisions can be based;
(G) Water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed, river basin, and aquifer management;
(H) Sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and private sector entities managing or utilizing water; and
(I) Periodic revisions of the water management plans may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors.
(b)(1) There shall be a regional water resource advisory board for each regional development center. Each such advisory board shall be responsible for preparing the regional water management plan for its respective region. Membership of each regional water resource advisory board shall consist of not more than 35 persons appointed by the board of the regional development center, with membership on the advisory board reflecting various interests such as ground and surface water users, public and private water system managers, environmental and conservation organizations, and other interests. Members of the regional advisory boards shall receive no compensation for their services as such members. Each regional advisory board shall elect from among its members a chairperson, a vice chairperson, and such other officers as the members deem necessary.
(2) The boards and water resource advisory boards of those regional development centers having adjoining territories shall coordinate with each other in the development of their respective regional water management plans as to any cross-jurisdictional water resource issues. If the boards of the regional development centers involved do not reach a mutual agreement as to resolving any such issue prior to submission of the final regional water management plans to the Environmental Protection Division of the Department of Natural Resources as provided by paragraph (4) of this subsection, then upon written petition of any such board, the director of the Environmental Protection Division shall act or designate an employee of such division to act as a mediator in the dispute prior to submission of final regional plans to such division.
(3) The regional development centers shall provide for meaningful public participation in the process of drafting and finalizing their plans. Each draft water management plan shall be published for public comment at least 30 days before being finalized. Each regional development center shall hold public hearings regarding the draft plan once it has been published. The water management plan for any region shall be accompanied by substantive responses to comments that have not been incorporated into the final regional plan. The final water management plan prepared by the water resource advisory board for its region shall be subject to approval by the board of the regional development center.
(4) Each regional development center shall submit its final water management plan to the Environmental Protection Division of the Department of Natural Resources not later than December 31, 2006.
(c)(1) The Environmental Protection Division of the Department of Natural Resources shall incorporate each regional development center´s final water management plan and any water management plan promulgated by the Metropolitan North Georgia Water Planning District into a comprehensive state water management plan, making only such changes to the component water management plans as are reasonable and necessary to integrate such components into a coordinated and comprehensive whole and to conform to any applicable requirements of this chapter or other provisions of this Code.
(2) The first comprehensive state water management plan shall be approved as provided in subsection (d) of this Code section not later than December 31, 2007, and shall be reviewed for potential revision by the regional development centers as to regional components of the plan and by the Environmental Protection Division of the Department of Natural Resources as to the comprehensive state water management plan as a whole at least once every five years following approval of the first comprehensive state water management plan.
(d) Final approval and implementation of the first comprehensive state water management plan, and any subsequent revisions thereof, shall be through the adoption of rules and regulations which incorporate or revise such a plan by the Board of Natural Resources in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Such plan and any revision thereof shall not be inconsistent with the provisions of Chapter 5 of Title 12 or any other provision of Title 12.
(e) The comprehensive state water management plan shall be binding on all state and local government agencies and private water system operators once approved, including without limitation the Metropolitan North Georgia Water Planning District for purposes of planning in accordance with Code Section 12-5-582 and Code Section 12-5-584. The Environmental Protection Division of the Department of Natural Resources shall continue to grant water withdrawal permits under Article 2 of Chapter 5 of Title 12, Part 2 of Article 3 of Chapter 5 of Title 12, regulations promulgated under such laws, and in accordance with reasonable use. Any local government or private water system operator that does not implement the comprehensive state water plan shall be ineligible for state grants or loans for any water supply and conservation programs that are inconsistent with the comprehensive state water plan."
SECTION 3.
Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to water resources, is amended by repealing Article 8,
relating to river basin management plans, and reserving the article
designation.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.