Jack Dozier
03-14-2006, 10:07 PM
March 14, 2006
Your voices were heard! Yesterday was “Crossover Day”, after which any bill which has not passed out of the chamber in which it was introduced cannot be considered by the other chamber. We are pleased to report that Senate Bill 575 (Plumbing Retrofit in MNGWPD) and SR 1040 (Expansion of Georgia’s Inverse Condemnation law), were held in the Senate Rules Committee, and thus are dead for this session (unless, of course, they get amended onto another still-active bill). Thanks to all of you who contacted your State Senator to express your concerns over these bills. For those of you who did make such contacts, please be sure to follow up with a phone call, e-mail, or note to express your appreciation for their help.
We now turn our attention to SB 431:
SB 431: Facility Relocation on GDOT Projects: Senate Bill 431 proposes to amend Code Section 32-6-171, pertaining to the Georgia Department of Transportation's authority to order the removal and/or relocation of utility facilities in the right of way of any public road. In particular, this change would give legislated authority for the GDOT to establish schedules for removal and/or relocation of facilities to coordinate with road construction plans and schedules. A utility not complying with a schedule may have its facilities removed or relocated by the GDOT or a GDOT contractor, with the utility required to pay all costs associated with the removal and/or relocation, as well as delay charges and liquidated damages due the DOT contractor caused by the failure of the utility to comply with the work plan and schedule. Most utilities owned by counties, municipalities and state and local authorities are required to comply with legislatively-mandated public bidding processes, and can sometimes face delays inherent in those processes, such as a bidding anomaly, the failure of a governing board to approve the results of a particular bid, or, in some cases, the acquisition of funding for a particular project. Furthermore, especially in the water and wastewater industries, there may be extreme delays in scheduling receipt of certain materials required for the construction (i.e. ductile iron pipe). A work plan and schedule established by the DOT with its contractor may not anticipate or accept these types of delays, and place these governmentally owned utilities at a financial risk.
Status: Passed Senate 3/13. Assigned to House Transportation Committee (see contact below).
GAWP Position: GAWP opposes SB 431, unless specific exemptions for provided for counties, municipalities and state or local authorities. However, there are differences of opinion as to whether we should be in a leadership role in trying to defeat this bill, or let the private utilities stay on the point on this issue. If this bill causes you concern, we recommend that you contact members of the House Transportation Committee immediately.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb431.htm
Contact Info: If you want to contact your State Senator or Representative, or to check on the status of legislation, you can get information quickly and easily from the General Assembly’s web site. At this point, the Rules Committees set the daily calendar, so contacts with Rules Committee members are especially important.
Georgia General Assembly Home Page: http://www.legis.ga.gov/
House Rules Committee: http://www.legis.ga.gov/legis/2005_06/house/Committees/rules/gahrules.htm
Senate Rules Committee: http://www.legis.ga.gov/legis/2005_06/senate/rules.htm
House Transportation Committee: http://www.legis.ga.gov/legis/2005_06/house/Committees/transportation/gahtrans.htm
For background information on all issues we are tracking, including previous e-newsletters, links to bills, etc., visit GAWP’s Legislative Bulletin Board at http://www.gawponline.org/board/forumdisplay.php?f=12 (note: this is a public Bulletin Board, and registration is not required in order to view postings). If these issues are important to you, we encourage you to contact your Representatives and Senators to let them know where you stand; you can be assured that your contacts do yield results.
A Quick Update on Bills We’ve Been Tracking (how they fared on Cross-over Day)
SB 575: Retrofit on Re-sale (MNGWPD):
Status: Passed Senate Natural Resources Committee 3/7. Held in Senate Rules Committee.
GAWP Position: Oppose.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/sb575.htm
SR 1040: Inverse Condemnation:
Status: Passed out of Senate Judiciary Committee 3/3. Held in Senate Rules Committee.
GAWP Position: Oppose.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sr1040.htm
HB 1385: Plan Reviews and Inspections by Private Providers:
Status: Passed House 3/8. Assigned to Senate Regulated Industries and Utilities Committee.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/hb1385.htm
SB 599: Expanded Authority for Surveyors:
Status: Passed out of Senate Regulated Industries and Utilities Committee 3/8. Held in Senate Rules Committee.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/sb599.htm
HB 1230: Impact Fees:
Status: Passed out of House Government Affairs Committee 3/7. Defeated on House floor.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/hb1230.htm
SB 191: Expedited EPD Permit Review:
Status: Passed Senate 3/13. Assigned to House Natural Resources Committee.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/sb191.htm
SB 510: Stream Buffers
Status: Passed Senate 3/7. Assigned to House Natural Resources Committee.
GAWP Position: Oppose.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb510.htm
HB 510: Service to Satellite Areas
Status: Passed out of House Governmental Affairs Committee. Held in House Rules Committee.
GAWP Position: GAWP does not object to the substitute bill.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/hb510.htm
SB 464: Interbasin Transfer Restrictions
Status: Assigned to Senate Natural Resources Committee. No movement.
GAWP Position: Oppose.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb464.htm
SR 818: Senate Septage Disposal Study Committee
Status: Passed Senate 3/8.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sr818.htm
SB 431: Facility Relocation on GDOT Projects (see detailed discussion above)
Status: Passed Senate 3/13. Assigned to House Transportation Committee.
GAWP Position: Oppose, unless specific exemptions for provided for counties, municipalities and state or local authorities.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb431.htm
SB 434: Professional Geologist Registration
Status: Passed out of Senate Natural Resources Committee. Held in Senate Rules Committee.
GAWP Position: Support.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb434.htm
SB 512: Expedited Permit Processing by EPD
Status: Assigned to Senate Natural Resources Committee. No movement.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb512.htm
HB 1203: E&S Permit Fees
Status: Assigned to House Natural Resources Committee. No movement.
GAWP Position: Support the concept of requiring that fees collected be directed to the program for which those fees were generated.
Link: http://www.legis.ga.gov/legis/2005_06/sum/hb1203.htm
HR 1551: Joint House/Senate Desalinization Alternatives Study Committee
Status: Passed House 3/13. Assigned to Senate Natural Resources Committee.
Link: http://www.legis.ga.gov/legis/2005_06/sum/hb1247.htm
Your voices were heard! Yesterday was “Crossover Day”, after which any bill which has not passed out of the chamber in which it was introduced cannot be considered by the other chamber. We are pleased to report that Senate Bill 575 (Plumbing Retrofit in MNGWPD) and SR 1040 (Expansion of Georgia’s Inverse Condemnation law), were held in the Senate Rules Committee, and thus are dead for this session (unless, of course, they get amended onto another still-active bill). Thanks to all of you who contacted your State Senator to express your concerns over these bills. For those of you who did make such contacts, please be sure to follow up with a phone call, e-mail, or note to express your appreciation for their help.
We now turn our attention to SB 431:
SB 431: Facility Relocation on GDOT Projects: Senate Bill 431 proposes to amend Code Section 32-6-171, pertaining to the Georgia Department of Transportation's authority to order the removal and/or relocation of utility facilities in the right of way of any public road. In particular, this change would give legislated authority for the GDOT to establish schedules for removal and/or relocation of facilities to coordinate with road construction plans and schedules. A utility not complying with a schedule may have its facilities removed or relocated by the GDOT or a GDOT contractor, with the utility required to pay all costs associated with the removal and/or relocation, as well as delay charges and liquidated damages due the DOT contractor caused by the failure of the utility to comply with the work plan and schedule. Most utilities owned by counties, municipalities and state and local authorities are required to comply with legislatively-mandated public bidding processes, and can sometimes face delays inherent in those processes, such as a bidding anomaly, the failure of a governing board to approve the results of a particular bid, or, in some cases, the acquisition of funding for a particular project. Furthermore, especially in the water and wastewater industries, there may be extreme delays in scheduling receipt of certain materials required for the construction (i.e. ductile iron pipe). A work plan and schedule established by the DOT with its contractor may not anticipate or accept these types of delays, and place these governmentally owned utilities at a financial risk.
Status: Passed Senate 3/13. Assigned to House Transportation Committee (see contact below).
GAWP Position: GAWP opposes SB 431, unless specific exemptions for provided for counties, municipalities and state or local authorities. However, there are differences of opinion as to whether we should be in a leadership role in trying to defeat this bill, or let the private utilities stay on the point on this issue. If this bill causes you concern, we recommend that you contact members of the House Transportation Committee immediately.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb431.htm
Contact Info: If you want to contact your State Senator or Representative, or to check on the status of legislation, you can get information quickly and easily from the General Assembly’s web site. At this point, the Rules Committees set the daily calendar, so contacts with Rules Committee members are especially important.
Georgia General Assembly Home Page: http://www.legis.ga.gov/
House Rules Committee: http://www.legis.ga.gov/legis/2005_06/house/Committees/rules/gahrules.htm
Senate Rules Committee: http://www.legis.ga.gov/legis/2005_06/senate/rules.htm
House Transportation Committee: http://www.legis.ga.gov/legis/2005_06/house/Committees/transportation/gahtrans.htm
For background information on all issues we are tracking, including previous e-newsletters, links to bills, etc., visit GAWP’s Legislative Bulletin Board at http://www.gawponline.org/board/forumdisplay.php?f=12 (note: this is a public Bulletin Board, and registration is not required in order to view postings). If these issues are important to you, we encourage you to contact your Representatives and Senators to let them know where you stand; you can be assured that your contacts do yield results.
A Quick Update on Bills We’ve Been Tracking (how they fared on Cross-over Day)
SB 575: Retrofit on Re-sale (MNGWPD):
Status: Passed Senate Natural Resources Committee 3/7. Held in Senate Rules Committee.
GAWP Position: Oppose.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/sb575.htm
SR 1040: Inverse Condemnation:
Status: Passed out of Senate Judiciary Committee 3/3. Held in Senate Rules Committee.
GAWP Position: Oppose.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sr1040.htm
HB 1385: Plan Reviews and Inspections by Private Providers:
Status: Passed House 3/8. Assigned to Senate Regulated Industries and Utilities Committee.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/hb1385.htm
SB 599: Expanded Authority for Surveyors:
Status: Passed out of Senate Regulated Industries and Utilities Committee 3/8. Held in Senate Rules Committee.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/sb599.htm
HB 1230: Impact Fees:
Status: Passed out of House Government Affairs Committee 3/7. Defeated on House floor.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/hb1230.htm
SB 191: Expedited EPD Permit Review:
Status: Passed Senate 3/13. Assigned to House Natural Resources Committee.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/sb191.htm
SB 510: Stream Buffers
Status: Passed Senate 3/7. Assigned to House Natural Resources Committee.
GAWP Position: Oppose.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb510.htm
HB 510: Service to Satellite Areas
Status: Passed out of House Governmental Affairs Committee. Held in House Rules Committee.
GAWP Position: GAWP does not object to the substitute bill.
Link: http://www.legis.state.ga.us/legis/2005_06/sum/hb510.htm
SB 464: Interbasin Transfer Restrictions
Status: Assigned to Senate Natural Resources Committee. No movement.
GAWP Position: Oppose.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb464.htm
SR 818: Senate Septage Disposal Study Committee
Status: Passed Senate 3/8.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sr818.htm
SB 431: Facility Relocation on GDOT Projects (see detailed discussion above)
Status: Passed Senate 3/13. Assigned to House Transportation Committee.
GAWP Position: Oppose, unless specific exemptions for provided for counties, municipalities and state or local authorities.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb431.htm
SB 434: Professional Geologist Registration
Status: Passed out of Senate Natural Resources Committee. Held in Senate Rules Committee.
GAWP Position: Support.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb434.htm
SB 512: Expedited Permit Processing by EPD
Status: Assigned to Senate Natural Resources Committee. No movement.
Link: http://www.legis.ga.gov/legis/2005_06/sum/sb512.htm
HB 1203: E&S Permit Fees
Status: Assigned to House Natural Resources Committee. No movement.
GAWP Position: Support the concept of requiring that fees collected be directed to the program for which those fees were generated.
Link: http://www.legis.ga.gov/legis/2005_06/sum/hb1203.htm
HR 1551: Joint House/Senate Desalinization Alternatives Study Committee
Status: Passed House 3/13. Assigned to Senate Natural Resources Committee.
Link: http://www.legis.ga.gov/legis/2005_06/sum/hb1247.htm