08 SB344/AP
Senate
Bill 344
By:
Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of
the 8th, Chance of the 16th and others
AS
PASSED
AN
ACT
To
amend Titles 2, 10, 12, 20, 46, and 50 of the Official Code of Georgia
Annotated, relating to agriculture, commerce and trade, conservation and natural
resources, education, public utilities and public transportation, and state
government, respectively, so as to repeal and abolish certain boards and
commissions that have become inactive, obsolete, antiquated, or unnecessary; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
2 of the Official Code of Georgia Annotated, relating to agriculture, is amended
by revising Code Section 2-15-3, relating to the Pacific White Shrimp
Aquaculture Development Advisory Council, as follows:
"2-15-3.
Reserved."
SECTION
2.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended by revising Code Section 10-4-110, relating to the Georgia Tobacco
Advisory Board, as follows:
"10-4-110.
Reserved."
SECTION
3.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by repealing and reserving Part 4 of Article 7 of
Chapter 3, relating to the Kinchafoonee Lake Authority.
SECTION
4.
Said
title is further amended by repealing Article 12 of Chapter 3, relating to the
Power Alley Development Authority.
SECTION
5.
Said
title is further amended by revising Code Section 12-5-23.3, relating to the
State Waste-water Privatization Oversight Committee, as follows:
"12-5-23.3.
(a)
For purposes of this Code section only, the term:
(1)
'LAS permit' means Land Application System permit.
(2)
'NPDES permit' means National Pollutant Discharge Elimination System
permit.
(3)
'Waste-water treatment facilities' means all publicly owned facilities with
average monthly flow limits of 20 million gallons per day or more that have been
issued NPDES permits or LAS permits.
(b)
The director shall provide written notice to owners of all waste-water treatment
facilities that the privatization requirements specified in subsection (c) of
this Code section are in effect if the owner of such facility has violated its
NPDES or LAS permit, or any interim conditions established by a federal court
order, as follows:
(1)
A violation of the facility´s monthly effluent limitation specified in the
NPDES permit or conditions of a federal court order for biochemical oxygen
demand, total suspended solids, ammonia, or phosphorus for any eight months
during any continuous 12 month period starting on or after January 1,
1999;
(2)
A violation of the facility´s monthly effluent limitation specified in the
NPDES permit or conditions of a federal court order for biochemical oxygen
demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or
greater for any four months during any continuous 12 month period, starting on
or after January 1, 1999; or
(3)
Three major treatment facility bypasses during any continuous 12 month period
starting on or after January 1, 1999. For purposes of this paragraph, the term
'major treatment facility bypass' shall mean any diversion of waste water from
or bypassing of waste water around the treatment facility, excluding sewer
system overflows; provided, however, that this shall not include any bypass
which is authorized by any NPDES or LAS permit or any bypass which is necessary
to prevent loss of life, bodily injury, or severe property damage.
(c)
Within 12 months of receipt of written notification from the director in
accordance with subsection (b) of this Code section, the owner shall enter into
a binding contract with a private contractor for the operation and maintenance
of the waste-water facility as follows:
(1)
The contractor shall be selected, and the contract shall be awarded, through
competitive bidding, in accordance with the public procurement processes and
procedures then in effect for the public owner or, at the option of the owner,
through competitive bidding by the Department of Administrative Services in
accordance with and as permitted by Part 2 of Article 3 of Chapter 5 of Title
50;
(2)
The scope of the contract shall include the operation and maintenance of the
entire facility and sewer collection system, including combined sewer overflow
treatment facilities, by the selected contractor;
(3)
Notwithstanding any provisions of law to the contrary, the term of the contract
shall be not less than ten years nor more than 50 years; and
(4)
The contract shall meet all applicable state and local laws, rules, and
regulations pertinent to the awarding, drafting, enforcement, and administration
of such contract and shall contain such other contractual provisions as may be
reasonably necessary for the effective enforcement and administration of the
contract."
SECTION
6.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising Code Section 20-2-301, relating to the Coordinating Committee for
Exceptional Individuals, as follows:
"20-2-301.
Reserved."
SECTION
7.
Said
title is further amended by revising subsection (a) of Code Section 20-2-320,
relating to the Education Information Steering Committee and identification of
data to implement Quality Basic Education Program, as follows:
"(a)
There shall be a state-wide comprehensive educational information system which
will provide for the accurate, seamless, and timely flow of information from
local and regional education agencies, units of the University System of
Georgia, and technical schools and colleges to the state. The system design
shall include hardware, software, data, collection methods and times, training,
maintenance, communications, security of data, and installation specifications
and any other relevant specifications needed for the successful implementation
of the system. The state-wide comprehensive educational information system
shall not use a student´s social security number or an employee´s
social security number in violation of state or federal law to identify a
student or employee. Upon approval of the boards of the respective education
agencies, such boards shall issue appropriate requests for proposals to
implement a state-wide comprehensive educational information system, subject to
appropriation by the General Assembly. The boards of the respective education
agencies, at the direction of the Education Coordinating Council, shall initiate
contracts with appropriate vendors and local units of administration for the
procurement of services, purchase of hardware and software, and for any other
purpose as directed by the Education Coordinating Council, consistent with
appropriation by the General Assembly."
SECTION
8.
Said
title is further amended by revising Code Section 20-3-84, relating to the
Center for Trade and Technology Transfer, as follows:
"20-3-84.
Reserved."
SECTION
9.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, is amended by revising Code Section 46-4-160.4, relating
to the Natural Gas Consumer Education Advisory Board, as follows:
"46-4-160.4.
Reserved."
SECTION
10.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by repealing Article 5 of Chapter 5, relating to communication
services.
SECTION
11.
Said
title is further amended by repealing and reserving Chapter 30, relating to
Georgia Institute for Community Business Development.
SECTION
12.
Said
title is further amended by repealing and reserving Chapter 35, relating to the
Georgia Environmental Training and Education Authority.
SECTION
13.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.