10 LC
14 0218-EC
Senate
Bill 370
By:
Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks
of the 14th, Weber of the 40th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
enact and revise provisions of law relating to water supply and water
conservation; to state legislative findings; to amend Chapter 5 of Title 12 of
the Official Code of Georgia Annotated, relating to water resources, so as to
require the Georgia Department of Natural Resources, including its Environmental
Protection Division, the Georgia Environmental Facilities Authority, the Georgia
Department of Community Affairs, the Georgia Forestry Commission, the Georgia
Department of Community Health, including its Division of Public Health, the
Georgia Department of Agriculture, and the Georgia Soil and Water Conservation
Commission to examine their practices, programs, policies, rules, and
regulations in order to develop programs and incentives for voluntary water
conservation and to make regular reports of measurable progress to the Governor,
Lieutenant Governor, Speaker of the House, and General Assembly; to require the
establishment of best management practices by public water systems; to provide
for the establishment of a program to encourage voluntary monitoring of certain
water withdrawals; to provide for measuring and separate charging of water to
tenants in certain new construction; to amend Article 1 of Chapter 2 of Title 8
of the Official Code of Georgia, relating to buildings in general, so as to
require high-efficiency toilets, shower heads, and faucets; to require
high-efficiency cooling towers; to create the Joint Committee on Water Supply;
to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly recognizes the imminent need to create a culture of water
conservation in the State of Georgia. The General Assembly also recognizes the
imminent need to plan for water supply enhancement during future extreme drought
conditions and other water emergencies. In order to achieve these goals, the
General Assembly directs the Georgia Department of Natural Resources to
coordinate with its Environmental Protection Division, the Georgia Environmental
Facilities Authority, the Georgia Department of Community Affairs, the Georgia
Forestry Commission, the Georgia Department of Community Health, including its
Division of Public Health, the Georgia Department of Agriculture, and the
Georgia Soil and Water Conservation Commission to work together as appropriate
to develop programs for water conservation and water supply.
SECTION
2.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, is amended by inserting in lieu of reserved Code Section 12-5-4 a new
Code Section 12-5-4 to read as follows:
"12-5-4.
(a)
As used in this Code section, the term 'agency' or 'agencies' means the Georgia
Department of Natural Resources, including its Environmental Protection
Division, the Georgia Environmental Facilities Authority, the Georgia Department
of Community Affairs, the Georgia Forestry Commission, the Georgia Department of
Community Health, including its Division of Public Health, the Georgia
Department of Agriculture, and the Georgia Soil and Water Conservation
Commission individually or collectively as the text requires.
(b)
On or before August 1, 2010, the agencies shall examine their practices,
programs, policies, rules, and regulations to identify opportunities to provide
enhanced programming and incentives for voluntary water conservation. The
agencies shall, without limitation, identify and provide for rules, regulations,
incentives, or opportunities to:
(1)
Include water conservation measures in the comprehensive plans submitted to the
Department of Community Affairs by local governments;
(2)
Provide technical assistance to local governments and public water systems for
water loss abatement activities;
(3)
Support state-wide water campaigns and public outreach programs, such as
Conserve Georgia and WaterFirst programs;
(4)
Encourage residential and commercial retrofits for water efficient fixtures and
equipment;
(5)
Encourage residential and commercial retrofits for water efficient landscaping
irrigation systems;
(6)
Encourage the installation of residential and commercial drought tolerant
landscapes and landscaping practices;
(7)
Encourage the use of rain water and gray water, where appropriate, in lieu of
potable water;
(8)
Encourage the installation of submeters on existing nonsubmetered multifamily
complexes and multitenant commercial and industrial complexes;
(9)
Encourage public water systems to develop and improve water loss abatement
programs;
(10)
Encourage public water systems to implement the industry's best management
practices for controlling water loss and achieve the recommended
standards;
(11)
Provide incentives for residential and commercial water conservation pricing by
public water systems;
(12)
Provide incentives for public water systems to use full cost
accounting;
(13)
Encourage voluntary inclusion of water conservation guidelines in applications
for new ground-water withdrawal permits and surface-water withdrawal permits;
and
(14)
Establish appropriate outdoor watering restrictions and improve the outdoor
watering restrictions to be implemented during drought conditions.
(c)
On or before August 1, 2010, the agencies shall examine their practices,
programs, policies, rules, and regulations to identify opportunities to enhance
the state's water supply. The agencies shall, without limitation, identify
opportunities to:
(1)
Prioritize funding, when available, for interconnections of systems, ground
water, expanded reservoirs, and new reservoirs; and
(2)
Conduct feasibility studies on reservoir dredging and water management measures
that could enhance water supply when funding is available.
(d)
Each agency shall coordinate with the Department of Natural Resources
to:
(1)
Establish administrative programs and procedures to encourage water conservation
and water supply management consistent with the results of the reviews required
under subsections (b) and (c) of this Code section;
(2)
Submit an interim report of the reviews required under subsections (b) and (c)
of this Code section to the Governor, Lieutenant Governor, and Speaker of the
House on or before July 1, 2010, which shall include, at a minimum, the
programmatic changes and proposed changes being implemented to encourage water
conservation and water supply enhancement;
(3)
Submit a final report of the review required under subsections (b) and (c) of
this Code section to the General Assembly by August 1, 2010, which report shall
include at a minimum an outline of the rules, regulations, and policies that
have been adopted to develop water conservation and water supply enhancement
incentive programs; and
(4)
Submit a report to the General Assembly on or before January 1 of 2011, 2012,
2013, 2014, and 2015 outlining the programmatic changes encouraging water
conservation and enhancing water supply management that were implemented during
the immediately preceding calendar year, outlining the agency's goals for the
next calendar year, and identifying the rules, regulations, and policies that
were adopted to support those programmatic
changes."
SECTION
3.
Said
chapter is further amended by adding a new Code Section 12-5-4.1, to read as
follows:
"12-5-4.1.
(a)
As used in this Code section, the term:
(1)
'Division' means the Environmental Protection Division of the Department of
Natural Resources.
(2)
'Public water system' means a system for the provision to the public of piped
water for human consumption, if such system regularly serves at least 3,300
individuals. Such term includes but is not limited to any collection,
treatment, storage, and distribution facilities under the control of the
operator of such system and used primarily in connection with such system and
any collection or pretreatment storage facilities not under such control which
are used primarily in connection with such system.
(b)
The division shall, by January 1, 2011, promulgate the minimum standards and
best practices for monitoring and improving the efficiency and effectiveness of
water use by public water systems to improve water conservation. The best
practices program shall include without limitation:
(1)
The establishment of an infrastructure leakage index;
(2)
The establishment of categories of public water systems based on geographical
size and service population;
(3)
A phased-in approach requiring public water systems to conduct standardized
annual water loss audits according to the International Water Association water
audit method/standard;
(4)
A phased-in approach requiring public water systems to implement water loss
detection programs; and
(5)
The development of a technical assistance program to provide guidance to public
water systems for water loss detection programs, to include without limitation
metering techniques, utilization of portable and permanent water loss detection
devices, and funding when available.
By
January 1, 2012, public water systems serving at least 10,000 individuals shall
have conducted a water loss audit pursuant to the minimum standards and best
practices promulgated by the division. By January 1, 2013, all other public
water systems shall have conducted a water loss audit pursuant to the minimum
standards and best practices promulgated by the
division."
SECTION
4.
Said
chapter is further amended by a adding a new subsection (p) to Code Section
12-5-31, relating to the establishment of a program to encourage voluntary
monitoring of surface water withdrawals, to read as follows:
"(p)
By July 1, 2012, the division shall establish, in conjunction with the State
Soil and Water Conservation Commission and the Department of Agriculture, a
program to encourage voluntary monitoring of surface-water withdrawals by
permittees."
SECTION
5.
Said
chapter is further amended by revising Code Section 12-5-180.1, relating to
allocating water and waste-water usage among tenants and charging tenants for
usage, as follows:
"12-5-180.1.
(a)
Except as
otherwise provided in subsections (c) and (d) of this Code section,
the
The
owner or operator of a building containing residential units may install
equipment or use an economic allocation methodology to determine the quantity of
water that is provided to the tenants and used in the common areas of such a
building; and the owner of such a building may charge tenants separately for
water and waste-water service based on usage as determined through the use of
such equipment or allocation methodology.
(b)
Except as
otherwise provided in subsections (c) and (d) of this Code section,
the
The
owner or operator of a building containing residential units may charge tenants
separately for water and waste-water service, provided that the total amount of
the charges to the tenants of such a building shall not exceed the total charges
paid by the owner or operator for water and waste-water service for such
building plus a reasonable fee for establishing, servicing, and billing for
water and waste-water service and provided, further, that the terms of the
charges are disclosed to the tenants prior to any contractual
agreement.
(c)
All new multitenant residential, commercial, or industrial buildings permitted
on or after July 1, 2012, shall be constructed in a manner which will permit the
measurement by the owner or operator of water use by each tenant. This
subsection shall not apply to any building constructed or permitted prior to
July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or
condemnation, renovated or rebuilt.
(d)(1)
The owner or operator of a building which is subject to subsection (c) of this
Code section shall seek reimbursement for water and waste-water usage by the
tenants through an economic allocation methodology which is based on the
measured quantity of water used by each tenant.
(2)
The owner or operator of such a building which includes common areas for the
benefit of tenants may also seek reimbursement for common area water and
waste-water usage through an economic allocation which approximates the portion
of the common area water and waste-water services allocable to each
tenant.
(3)
The total amount of charges to the tenants under paragraphs (1) and (2) of this
subsection shall not exceed the total charges paid by the owner or operator for
water and waste-water service for the building, plus a reasonable fee for
establishing, servicing, and billing water and waste-water
consumption.
(e)
Counties, municipalities, and other public water systems shall be prohibited
from charging any fee or levy for the installation or use of privately owned
meters or other devices which measure or assist in the measurement of water use
under subsection (c) of this Code section.
(f)
Subsections (c) and (d) of this Code section shall not apply to any construction
of a building the contract for which was entered into prior to July 1,
2012."
SECTION
6.
Article
1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to
buildings in general, is amended by revising Code Section 8-2-3, relating to
requirements for toilets, shower heads, and faucets, as follows:
"8-2-3.
(a)
On or before
July 1, 2012, the department, with the approval of the board, shall amend
applicable state minimum standard codes to require the installation of
high-efficiency plumbing fixtures in all new construction permitted on or after
July 1, 2012.
(b)
As used in this Code section, the term:
(1)
'Commercial'
means any type of building other than residential.
(2)
'Construction' means the erection of a new building or the alteration of an
existing building in connection with its repair or renovation or in connection
with making an addition to an existing building and shall include the
replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead,
toilet, or urinal in an existing building.
(2)
'Department' means the Department of Community Affairs.
(3)
'Residential'
means any building or unit of a building intended for occupancy as a dwelling
but shall not include a hotel or motel.
'Lavatory
faucet' means a faucet that discharges into a lavatory basin in a domestic or
commercial installation.
(4)
'Plumbing fixture' means a device that receives water, waste, or both and
discharges the water, waste, or both into a drainage system. The term includes
a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet,
water closet, or drinking water fountain.
(5)
'Plumbing fixture fitting' means a device that controls and directs the flow of
water. The term includes a sink faucet, lavatory faucet, showerhead, or bath
filler.
(6)
'Pressurized flushing device' means a device that contains a valve
that:
(A)
Is attached to a pressurized water supply pipe that is of sufficient size to
deliver water at the necessary rate of flow to ensure flushing when the valve is
open; and
(B)
Opens on actuation to allow water to flow into the fixture at a rate and in a
quantity necessary for the operation of the fixture and gradually closes to
avoid water hammer.
(7)
'Toilet' means a water closet.
(8)
'Water closet' means a fixture with a water-containing receptor that receives
liquid and solid body waste and on actuation conveys the waste through an
exposed integral trap into a drainage system and which is also referred to as a
toilet.
(9)
'waterSense™' means a voluntary program of the United States Environmental
Protection Agency designed to identify and promote water efficient products and
practices.
(b)
After April 1, 1992, there shall not be initiated within this state the
construction of any residential building of any type which:
(c)
The standards related to high-efficiency plumbing fixtures shall include without
limitation, the following:
(1)
Employs a
gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more
than an average of 1.6 gallons of water per flush; provided, however, this
paragraph shall not be applicable to one-piece toilets until July 1,
1992;
A water closet
or toilet that:
(A)
Is a dual flush water closet that meets the following standards:
(i)
The average flush volume of two reduced flushes and one full flush may not
exceed 1.28 gallons;
(ii)
The toilet meets the performance, testing, and labeling requirements prescribed
by the following standards, as applicable:
(I)
American Society of Mechanical Engineers Standard A112.19.2-2008;
and
(II)
American Society of Mechanical Engineers Standard A112.19.14-2006 'Six-Liter
Water Closets Equipped with a Dual Flushing Device'; and
(iii)
Is listed to the waterSense™ Tank-Type High Efficiency Toilet
Specification; or
(B)
Is a single flush water closet, including gravity, pressure assisted, and
electro-hydraulic tank types, that meets the following standards:
(i)
The average flush volume may not exceed 1.28 gallons;
(ii)
The toilet must meet the performance, testing, and labeling requirements
prescribed by the American Society of Mechanical Engineers Standard A112.192/CSA
B45.1 or A112.19.14; and
(iii)
The toilet must be listed to the waterSense™ Tank-Type High Efficiency
Toilet Specification;
(2)
Employs
a
A
shower head that allows a flow of more than an average of 2.5 gallons of water
per minute at 60 pounds per square inch of pressure;
(3)
Employs
a
A
urinal that
uses more than an average of 1.0 gallon of water per
flush;
and associated
flush valve that:
(A)
Uses no more than 0.5 gallons of water per flush;
(B)
Meets the performance, testing, and labeling requirements prescribed by the
American Society of Mechanical Engineers Standard A112.19.2/CSA B45.1; and
(C)
Where nonwater urinals are employed, complies with American Society of
Mechanical Engineers Standard A112.19.3/CSA B45.4, American Society of
Mechanical Engineers Standard A112.19.19/CSA B45.4, or International Association
of Plumbing and Mechanical Officials Z124.9. Nonwater urinals shall be cleaned
and maintained in accordance with the manufacturer's instructions after
installation. Where nonwater urinals are installed they shall have a water
distribution line roughed-in to the urinal location at a minimum height of 56
inches (1,422 mm) to allow for the installation of an approved backflow
prevention device in the event of a retrofit. Such water distribution lines
shall be installed with shut-off valves located as close as possible to the
distributing main to prevent the creation of dead ends. Where nonwater urinals
are installed, a minimum of one water supplied fixture rated at a minimum of one
water supply fixture unit shall be installed upstream on the same drain line to
facilitate drain line flow and rinsing;
(4)
Employs
a
A
lavatory faucet or lavatory replacement aerator that allows a flow of
no
more than
2.0
1.5
gallons of water per minute
at a pressure
of 60 pounds per square inch in accordance with American Society of Mechanical
Engineers Standard A112.18.1/CSA B.125.1 and listed to the waterSense™
High-Efficiency Lavatory Faucet
Specification;
or
and
(5)
Employs
a
A
kitchen faucet or kitchen replacement aerator that allows a flow of
no
more than
2.5
2.0
gallons of water per minute.
(c)
On and after July 1, 1992, there shall not be initiated within this state the
construction of any commercial building of any type which does not meet the
requirements of paragraphs (1) through (5) of subsection (b) of this Code
section.
(d)
The requirements of subsection (b) of this Code section shall apply to any
residential construction initiated after April 1, 1992, and to any commercial
construction initiated after July 1, 1992, which involves the repair or
renovation of or addition to any existing building when such repair or
renovation of or addition to such existing building includes the replacement of
toilets or showers or both.
To the extent
that the standards set forth in this Code section exceed the National Energy
Conservation Policy Act, as amended, and 10 C.F.R. 430.32, the department is
directed to petition the Department of Energy for a waiver of federal preemption
pursuant to 42 U.S.C. Section 6297(d).
(e)
The department
is directed to amend the applicable state minimum codes so as to permit
counties
Counties
and municipalities
are
authorized and directed to provide by
ordinance for an exemption to the requirements of
subsections
(b), (c), and (d)
subsection
(c) of this Code section, relative to new
construction and to the repair or renovation of an existing building, under the
following conditions:
(1)
When the repair or renovation of the existing building does not include the
replacement of the plumbing or sewage system servicing toilets, faucets, or
shower heads within such existing building;
(2)
When such plumbing or sewage system within such existing building, because of
its capacity, design, or installation, would not function properly if the
toilets, faucets, or shower heads required by this part were
installed;
(3)
When such system is a well or gravity flow from a spring and is owned privately
by an individual for use in such individual's personal residence;
or
(4)
When units to be installed are:
(A)
Specifically designed for use by persons with disabilities;
(B)
Specifically designed to withstand unusual abuse or installation in a penal
institution; or
(C)
Toilets for juveniles.
(f)
The ordinances adopted by counties and municipalities pursuant to subsection (e)
of this Code section shall provide procedures and requirements to apply for the
exemption authorized by said subsection.
(g)
This Code
section shall not apply to any construction of a residential building the
contract for which was entered into prior to April 1, 1992, and shall not apply
to any construction of a commercial building the contract for which was entered
into prior to July 1, 1992.
(h)
Any person who installs any toilet, faucet, urinal, or shower head in violation
of this Code section shall be guilty of a misdemeanor.
(i)(h)
Before
April 1,
1992
July 1,
2012, a city, county, or authority shall
adopt and enforce the provisions of this Code section in order to be eligible to
receive any of the following grants, loans, or permits:
(1)
A water or waste-water facilities grant administered by the Department of
Natural Resources or the Department of Community Affairs; or
(2)
A water or waste-water facilities loan administered by the Georgia Environmental
Facilities Authority.
(j)(i)
For
purposes of this part, after April 1, 1992,
the
The
sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that
uses more than an average of
1.6
1.28
gallons of water per flush
shall
be
is
prohibited in
this state.
(k)(j)
The provisions of this Code section shall not be construed to prohibit counties
or municipalities from adopting and enforcing local ordinances which provide
requirements which are more stringent than the requirements of this Code
section."
SECTION
7.
Said
article is further amended in Code Section 8-2-23, relating to amendment and
revision of state minimum code standards, by adding a new subsection to read as
follows:
"(c)(1)
On or before July 1, 2012, the department, with the approval of the board, shall
amend applicable state minimum standard codes to require the installation of
high-efficiency cooling towers in new construction permitted on or after July 1,
2012.
(2)
As used in this subsection, the term 'cooling tower' means a building heat
removal device used to transfer process waste heat to the
atmosphere.
(3)
The standards related to high-efficiency cooling towers shall include without
limitation the minimum standards prescribed by the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers Standard 90.1 as adopted and
amended by the
department."
SECTION
8.
There
is created the Joint Committee on Water Supply to be composed of 12 members as
follows: four at-large members shall be appointed by the Governor, four members
of the House of Representatives shall be appointed by the Speaker of the House
with one being the chairperson of the House Natural Resources Committee, and
four members of the Senate shall be appointed by the President of the Senate
with one being the chairperson of the Senate Natural Resources Committee. The
House and Senate Natural Resources Committee chairpersons shall serve as
co-chairpersons. The committee shall meet on the call of either co-chairperson.
The committee shall undertake a study and analysis of the current status of the
state's reservoir system and shall conduct a comprehensive analysis of the
state's strategic needs for additional water supply, including without
limitation the identification of creative financing options for water reservoirs
and other opportunities for water supply enhancement. The committee may conduct
its meetings at such places and at such times as it may deem necessary or
convenient to enable it to exercise fully and effectively its powers, perform
its duties, and accomplish its objectives and purposes. The legislative members
of the committee shall receive the allowances authorized for legislative members
of interim legislative committees but shall receive the same for not more than
five days unless additional days are authorized. No allowance shall be paid to
other members of the committee. The funds necessary to carry out the provisions
of this section shall come from the funds appropriated to the House of
Representatives and Senate. The committee is directed to make a report of its
findings and recommendations not later than December 31, 2010. The committee
shall stand abolished on December 31, 2010.
SECTION
9.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.