10 LC
25 5674
Senate
Bill 321
By:
Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson
of the 20th, Mullis of the 53rd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to water supply, so as to provide for private operation or
ownership of new public water supply reservoirs in certain cases; to provide for
requests for proposals for projects; to provide for reimbursement of project
advancement costs; to provide for an evaluation process; to provide for awards;
to provide conditions and restrictions; to provide for rules and regulations; to
provide a short title; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Public Water Supply-Private
Initiative Act."
SECTION
2.
Article
6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to water supply, is amended by adding a new Code section to read as
follows:
"12-5-476.2.
(a)
The division or any county, municipality, or local water authority may enter
into a reservoir use or water supply agreement with the owner of any private
reservoir. Any contracts entered into pursuant to this subsection may include
user fees for use of the project or water supplied thereby.
(b)(1)
After identifying any site as feasible for a water reservoir pursuant to
subsection (c) of Code Section 12-5-472, the division may evaluate a potential
project for such site to determine, in the judgment of the division, appropriate
or desirable levels of state, local, or private participation in such project
for purposes of supplying water to the division or any county, municipality, or
local water authority for resale. In making such determination, the division
shall be authorized and encouraged to seek the advice and input of the affected
local governing authorities, local water authorities, and the private financial
and construction sectors.
(2)
For any project for which private ownership of a new reservoir is determined by
the division to be feasible and appropriate for purposes of supplying water to
the division or any county, municipality, or local water authority for resale,
the division may perform management, technical, consultative, training,
educational, and other project development and promotion activities, subject to
availability of funds from the Georgia Reservoir Fund established by Code
Section 50-23-28 and the requirement that the division be fully compensated by
the private owner of the reservoir for such expenditures. All such compensation
paid to the division shall be deposited in such fund. Any reservoir owned by a
private entity and for which the division is fully compensated for its
expenditures under this paragraph shall be exempt from the provisions of
subsection (b) of Code Section 12-5-472 for the duration of the private
ownership.
(3)
For any project for which private operation or ownership of a new reservoir is
determined by the division to be feasible and appropriate for purposes of
supplying water to the division or any county, municipality, or local water
authority for resale, the division, for itself or for any interested local
governing authority or local water authority which has requested the division to
act in its behalf, may issue a written request for proposals indicating in
general terms the scope of the project and the factors that will be used in
evaluating the proposals and containing or incorporating by reference other
applicable contractual terms and conditions, including any unique capabilities
or qualifications that will be required of the contractor. Public notice of
such request for proposals shall be made at least 90 days prior to the date set
for receipt of proposals by posting the legal notice on a single website that
shall be procured and maintained for such purposes by the Department of
Administrative Services or in substantially the same manner utilized by the
division to solicit requests for proposals.
(4)
Upon receipt of a proposal or proposals responsive to the request for proposals,
the division shall accept written public comment, solicited in the same manner
as provided for notice of proposals, for a period of 30 days beginning at least
ten days after the date set for receipt of proposals. In addition, the division
shall hold at least one public hearing on such proposals not later than the
conclusion of the period for public comment.
(5)
The division shall engage in individual discussions with two or more respondents
deemed fully qualified, responsible, and suitable on the basis of initial
responses and with emphasis on professional competence and ability to meet the
level of private financial participation called for by the division. Repetitive
informal interviews shall be permissible. In the event that any county,
municipality, or local water authority is a potential customer of a project that
is to be privately owned or operated, a representative of such local government
entity, appointed by the same, may participate in such discussions and
interviews. At the discussion stage, the division may discuss estimates of
total project costs, including, but not limited to, nonbinding estimates of
price for services. Proprietary information from competing respondents shall
not be disclosed to the public or to competitors. At the conclusion of such
discussions, on the basis of evaluation factors published in the request for
proposal and all information developed in the selection process, the division,
with the input of any participating local governing authority or local water
authority, shall select in the order of preference two or more respondents whose
qualifications and proposed services are deemed most meritorious. Negotiations
shall then be conducted with two or more respondents and with the participation
of the designated representative of any participating local governing authority
or local water authority. The director shall select the respondent who shall
implement the project based upon contract terms that are the most satisfactory
and advantageous to the division based upon a thorough assessment of value and
the ability of the final project's characteristics to further the goals of
regional and state-wide water management plans prepared pursuant to Article 8 of
this chapter. Before making such selection, the director shall consult with any
and all interested local governing authorities or local water authorities.
Notwithstanding the foregoing, if the terms and conditions for multiple awards
are included in the request for proposal, the director may award contracts to
more than one respondent. Should the director determine in writing and in his
or her sole discretion that only one respondent is fully qualified, or that one
respondent is clearly more highly qualified and suitable than the others under
consideration, a contract may be negotiated and awarded to that
respondent.
(6)
Nothing in this Code section shall require the division to continue negotiations
or discussions arising out of any request for proposal.
(7)
The authority may promulgate reasonable rules or regulations to assist in the
division's evaluation of the proposal and to implement this Code
section.
(c)
No employee, officer, or member of the division, the authority, the department,
Board of Natural Resources, any local governing authority, or any local water
authority shall serve as an agent, lobbyist, or board member for any entity
directly or indirectly under contract with or negotiating a contract with the
division under this Code section for one year after leaving his or her position
as such an employee, officer, or member.
(d)
The director shall be authorized to delegate such duties and responsibilities
under this Code section as he or she deems appropriate from time to time;
provided, however, that the final approval of contracts provided for in this
Code section shall be by action of the director.
(e)
The power of eminent domain shall not be delegated to any private entity with
respect to any project commenced or proposed pursuant to this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.