10 LC
21 0581
House
Bill 1039
By:
Representatives Buckner of the
130th,
Smith of the
131st,
Thomas of the
100th,
Thompson of the
104th,
Nix of the
69th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-5-7 of the Official Code of Georgia Annotated, relating to
local variances from state restrictions on outdoor watering, so as to provide a
state-wide outdoor watering schedule during certain periods; to provide
exceptions; to change certain designations and cross-references; to eliminate an
automatic repeal provision; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-5-7 of the Official Code of Georgia Annotated, relating to local
variances from state restrictions on outdoor watering, is amended by
redesigating existing subsection (a) as subsection (a.1) and adding a new
subsection (a) to read as follows:
"(a)(1)
No person shall irrigate outdoors for purposes of planting, growing, managing,
or maintaining ground cover, trees, shrubs, or other plants during the hours of
10 A.M. and 6:00 P.M. daily.
(2)
Paragraph (1) of this subsection shall not apply to the following outdoor water
uses:
(A)
Commercial agricultural operations. As used in this subparagraph, the term
'agricultural operations' has the meaning provided by Code Section
1-3-3;
(B)
Capture and reuse of cooling system condensate or storm water in compliance with
applicable local ordinances;
(C)
Reuse of gray water in compliance with Code Section 31-3-5.2 and applicable
local board of health regulations adopted pursuant thereto;
(D)
Use of reclaimed waste water by a designated user from a system permitted by the
Environmental Protection Division of the department to provide reclaimed waste
water;
(E)
Irrigation of personal food gardens; or
(F)
Irrigation of new landscapes installed by certified or licensed professionals,
during installation and for a period of 30 days immediately following the date
of installation.
(3)
Governing authorities of counties and municipalities shall adopt the provisions
of paragraphs (1) and (2) of this subsection by ordinance, to become effective
not later than July 1, 2010, and violations of such adopted provisions shall be
punished as ordinance
violations."
SECTION
2.
Said
Code section is further amended by revising subsections (c) and (d) as
follows:
"(c)
The director shall render a decision on an application made by a political
subdivision or local government authority under subsection
(a)
(a.1)
or (b) of this Code section within five business days after receipt
thereof.
(d)
This Code
section shall stand repealed and reserved on July 1,
2010.
Reserved."
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.