sb442_As_introduced_LC_21_0705_2.html
10 LC 21 0705
Senate Bill 442
By: Senators Weber of the 40th, Tolleson of the 20th, Balfour of the 9th, Murphy of the 27th, Adelman of the 42nd and others

A BILL TO BE ENTITLED
AN ACT


To amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such written plan and submission to certain officers; to provide for an exclusion from public disclosure; to provide an effective date; 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 "Water System Interconnection, Redundancy, and Reliability Act."

SECTION 2.
Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, is amended by adding a new part to read as follows:

"Part 6

12-5-200.
The General Assembly finds that:
(1) Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and
(2) It is in the best interests of the State of Georgia for public water systems in metropolitan North Georgia to evaluate their withdrawal, treatment, and distribution systems and to take proactive measures to reduce the risk of catastrophic interruptions of water service during emergencies.

12-5-201.
As used in this part, the term:
(1) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3.
(2) 'District' means the Metropolitan North Georgia Water Planning District created by Code Section 12-5-572.
(3) 'Emergency plan' means the written emergency water supply plan developed as provided in Code Section 12-5-202.
(4) 'Essential water needs' means the minimum amount of water needed for eating, drinking, toilet flushing, fire fighting, hospital use, and critical asset use and a portion of the system's unaccounted for water.
(5) 'Qualified system' means any nontransient public water system in the district.

12-5-202.
(a) Not later than September 1, 2010, the authority shall issue a request for proposal for a thorough and detailed engineering study developing a district-wide emergency plan covering every qualified system. Such plan shall identify sufficient emergency water supply sources and detailed steps required to modify a qualified system's operations to accept or share water with adjacent water providers during emergencies to supply essential water needs.
(b) The emergency plan shall identify and plan for:
(1) A district-wide interconnection reliability target for immediate implementation as follows:
(A) For qualified systems utilizing smaller water sources, approximately 35 percent of the annual average daily demand; and
(B) For qualified systems utilizing the major water supply sources of Lake Lanier, Allatoona Lake, the Chattahoochee River, or the Etowah River, approximately 35 percent of the annual average daily demand when the largest water treatment plant is offline; and
(2) A long-range district-wide interconnection reliability planning goal as follows:
(A) For qualified systems utilizing smaller water sources, approximately 65 percent of the annual average daily demand; and
(B) For qualified systems utilizing the major water supply sources of Lake Lanier, Allatoona Lake, the Chattahoochee River, or the Etowah River, approximately 65 percent of the annual average daily demand when the largest water treatment plant is offline.
(c) Such plan shall be based on the 2035 water demand forecasted by the district in 2009 and shall include or be based upon:
(1) An evaluation of factors affecting water system reliability, including raw and finished water storage, infrastructure conditions, equipment redundancy, and existing interconnection capability;
(2) Detailed hydraulic studies to determine overall distribution system improvements required to meet projected demands;
(3) A consideration of various emergency situations, including, without limitation, the failure of the largest water treatment system of a qualified system and the unavailability of any raw water sources;
(4) An evaluation of the feasibility and cost effectiveness of providing multidirectional flows at existing and future interconnections with a pipe diameter equal to or greater than 12 inches;
(5) A continuously updated inventory of distribution system components, including good system maps;
(6) Steps that must be taken to receive water from an adjacent utility or to provide water to another utility, including required new infrastructure and the location of such infrastructure for both the interconnection reliability target for immediate implementation and the long-range interconnection planning goal;
(7) Consideration of chemical compatibility, treatment requirements, water quality, operating pressure, and impact on water withdrawal permits; and
(8) A detailed estimate of the costs of implementation for both the interconnection reliability target for immediate implementation and the long-range interconnection planning goal.
(d) Each qualified system shall coordinate with and assist the authority in the development of the emergency plan.

12-5-203.
(a) The authority shall ensure the completion of the emergency plan not later than July 31, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than August 1, 2011.
(b) The authority shall update the emergency plan periodically.
(c) The emergency plan and all supporting studies and documents shall be considered records that, if disclosed, would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property and, therefore, shall be subject to the exception from public disclosure requirement provided in paragraph (15) of subsection (a) of Code Section 50-18-72.
(d) The costs of producing the emergency plan shall be borne by the authority."

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.