10 LC
35 1864ERS
The
House Committee on Natural Resources and Environment offers the following
substitute to SB 78:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 3 of Chapter 8 of Title 12 of the Official Code of
Georgia Annotated, relating to the Georgia Voluntary Remediation Program for
hazardous waste, so as to establish the Voluntary Remediation Program Escrow
Account; to change certain provisions relating to the voluntary remediation
program; to provide for definitions; to provide for related matters; to provide
for an effective date and applicability; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia
Annotated, relating to the Georgia Voluntary Remediation Program for hazardous
waste, is amended by revising subsection (a) of Code Section 12-8-104, relating
to powers and duties of the director, as follows:
"(a)
The director shall have the power and duty:
(1)
To make determinations, in accordance with procedures and criteria enumerated in
this part, as to whether a property qualifies and an applicant is eligible for
the voluntary remediation program;
(2)
To approve, in accordance with procedures and criteria enumerated in this part
and rules and regulations promulgated pursuant to this part, voluntary
remediation plans;
(3)
To approve, in accordance with procedures and criteria enumerated in this part
and rules and regulations promulgated pursuant to this part, compliance status
reports;
(4)
To concur with certifications of compliance;
(5)
To collect
application
fees from participants
assess,
receive, administer, and disperse funds obtained from application and
reimbursement fees for the purpose of carrying out the duties and powers under
this part;
(6)
To enter into such agreements and contracts as required to accomplish the
purposes of this part; and
(6)(7)
To grant waivers of all or any portion of the fees provided by this part for any
small business or for any county, municipality, or other political subdivision
of this state."
SECTION
2.
Said
part is further amended by adding a new Code section to read as
follows:
"12-8-104.1.
(a)
There is established the Voluntary Remediation Escrow Account. The director
shall serve as the trustee of the escrow account. The account shall consist of
the application fees and reimbursement fees collected by the director pursuant
to this part and pursuant to Code Section 12-8-209, and such fees shall be held
in an interest bearing account.
(b)
The director is authorized to expend the principal balance of the escrow account
for costs incurred in administering the voluntary remediation program including
reimbursing state contractors used in the administration of such program. The
director is also authorized to expend interest earned on the account for the
administration of the voluntary remediation program; provided, however, that
interest funds collected must be expended within the same fiscal year in which
the interest was earned and any interest not so expended shall be deposited in
the state treasury. Any unused funds remaining following the conclusion of a
project shall be deposited in the general
treasury."
SECTION
3.
Said
part is further amended by replacing "remediation plan" with "investigation and
remediation plan" wherever such term occurs
in:
(1) Code Section 12-8-107, relating to the submission of voluntary remediation plans, enrollment, proof of assurance, termination, and compliance status reports; and
(2) Code Section 12-8-108, relating to standards and policies considered in investigation of voluntary remediation property.
(1) Code Section 12-8-107, relating to the submission of voluntary remediation plans, enrollment, proof of assurance, termination, and compliance status reports; and
(2) Code Section 12-8-108, relating to standards and policies considered in investigation of voluntary remediation property.
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.