Jack Dozier
04-15-2007, 10:16 PM
April 13, 2007
Overview: Friday marked the 36th day of the 2007 session of the Georgia General Assembly; there are 4 days remaining in the session. The current plan is that next Friday, April 20 will be Day 40. In order to access any bill we are tracking, find contact information for your legislators, etc., go to the General Assembly's web site at http://www.legis.state.ga.us/. A summary of still-active legislation follows:
Previously Unreported:
SB 306: Greater Fulton Water Authority: SB 306 would create the Greater Fulton Water Authority. An analysis provided by the City of Atlanta states that this would lead to the City of Atlanta losing its drinking water service area outside the city limits, the loss of 32% of the City’s drinking water customers, the default of the City’s bonds, the failure to meet consent decree deadlines and the intercession in water and sewer bond validations for the next decade between Atlanta, Fulton County and other municipalities and authorities.
Status: Passed Senate. Assigned to House Committee on Intragovernmental Coordination – Local.
GAWP Position: Track and Report. On local legislation, our policy is to notify the affected local government(s), but not to intervene or take a position unless the proposed legislation has Statewide implications.
Other Still-Active Legislation (change in status since last week’s report):
SB 146: Bid Procedures: As introduced, Senate Bill 146 would remove the ability of local governments to reject any and all bids, and would require local governments to state in the request for bids whether all anticipated permits and easements for the project have been obtained or indicate the status for each such permit or easement. This bill is being promoted by the Georgia Utility Contractors Association.
Status: Passed Senate. Passed out of House State Institutions and Property Committee, amended as requested by GAWP to clarify the process that water utilities typically follow in awarding competitive bids, while providing some of the extra disclosure of that process that the contractors want.
GAWP Position: Track and Report. Special thanks to Legislative Committee member Ted Rhinehart for his efforts in coordinating GAWP’s input, and to Mark Woodall of the Associated General Contractors of Georgia for his assistance in ensuring that GAWP’s concerns were factored into this bill.
HB 247: Service to Satellite Areas: House Bill 247 provides that single family residences and farms cannot be required to connect to the city or county water system; this prohibition does not apply to septic tanks or to private community water systems.
Status: Passed House. Passed Senate with amendment. Must go back to House for agree/disagree.
GAWP Position: Track and Report.
SB 19: GA DOT's Utility Relocation Bill: Senate Bill 19 proposes to amend the procedures for publicly or privately owned utility facilities removal, relocation, or adjustment as necessitated by the Georgia Department of Transportation (DOT) for the construction of public roads. SB19 includes a provision to allow the DOT to pay for some of the removal and relocation costs when the work is to be performed by the DOT contractor. The bill also includes language that would hold the utility liable for failing to comply with the timely removal of its facilities; however, there is a provision to create a non-binding mediation board in case a utility should disagree with the late penalties.
Status: Passed Senate. Passed out of House Transportation Committee.
GAWP Position: Track and Report.
SB 200/SR 309: Infrastructure Development Districts: Senate Bill 200 and the accompanying Senate Resolution 309 would authorize local governments to create Infrastructure Development Districts (IDDs) to assist them in securing financing to carry out their master plans.
Status: Passed Senate. Passed out of House Economic Development and Tourism Committee.
GAWP Position: Track and Report.
Other Bills That Are Still Active (no change in status since last week):
HB 463: E&SC Certification Program: House Bill 463 was amended on the House floor to eliminate the language which would have greatly weakened the Erosion and Sediment Control Act, replacing it with a one-year extension to the deadline and a greatly simplified training and certification process for many subcontractors. The floor amendments would require EPD to revoke a local government’s LIA certification (Local Issuing Authority for land disturbance permits) 30 days after they get notice of noncompliance. Many LIAs currently get in arrears on administrative, enforcement and compliance responsibilities from time to time, but EPD works with them to get them on track prior to revoking their certification. This requirement could be problematic, in light of EPD’s staffing shortages. Overall, though, the version of HB 463 which passed the House is a huge improvement, and appears to be reasonable and workable.
Status: Passed House. Assigned to Senate Natural Resources and Environment Committee.
GAWP Position: GAWP strongly supports the E&S certification program. The amended bill which passed the House would provide some tweaking of the program, and provides some appropriate simplification of the process. We will monitor this bill to ensure that it does not become a vehicle for amendments which would dismantle or undermine the program.
HB 471: Transfer of Ownership of Private Facilities: As amended, House Bill 471 would prohibit a local government from requiring that ownership of privately constructed water or wastewater systems be transferred to the local government, but the bill would only apply in a very limited number of cases involving extremely small systems. The provisions of this bill are unlikely to apply anywhere except in the particular case in coastal Georgia which inspired HB 471.
Status: Passed House. Assigned to Senate Natural Resources and Environment Committee.
GAWP Position: Track and Report.
SR 283: Joint Nonpoint Source Study Committee
Status: Passed Senate. Assigned to House Natural Resources and Environment Committee.
GAWP Position: Track and Report.
New Bills to Watch in 2008 (introduced after Crossover Day):
HB 760: Authorize WSAs to be LIAs: House Bill 760 would authorize certain water and sewer authorities to be designated as Local Issuing Authorities for land disturbance activities, with the approval of all local governments within their jurisdiction.
Status: Assigned to House Natural Resources and Environment.
GAWP Position: Track and Report.
HB 789: Performance Bonds: House Bill 789 would require anyone operating a public water system under contract with a local government to provide a performance bond to ensure its continued operation.
Status: Assigned to House Natural Resources and Environment.
GAWP Position: Track and Report.
Previously Reported Bills To Watch in 2008 (these bills did not survive crossover day):
HB 54 and 55, and SB 69: Interbasin/Intrabasin Transfer Restrictions
Status: Assigned to respective Natural Resources Committees.
GAWP Position: Oppose
HB 59: Sales Tax Exemption for Authorities
Status: Assigned to House Ways & Means Committee.
GAWP Position: Support
HB 596: Return Flows
Status: Assigned to House Natural Resources Committee.
GAWP Position: GAWP has consistently taken the position that issues such as this need to be addressed through the Statewide Water Planning process, and not through piecemeal legislation. GAWP opposes HB 596.
HB 288: Return of Security Deposits: As amended, House Bill 288 would require return of deposits with interest to residential customers who have satisfactorily paid their bills for 24 consecutive months.
Status: Passed out of House Energy, Utilities, and Telecommunications Committee, but did not make it to the House floor. This bill is dead for this session, but will still be available for consideration in the 2008 session.
GAWP Position: Track and Report.
SB 221: Septage Handling: Senate Bill 221 would shift responsibility for permitting new land disposal sites which receive septage after July 1, 2007 to EPD; require that all current sites which are permitted under DHR rules obtain a permit from EPD no later than July 1, 2012; and remove the requirement for “written approval” of the governing authority of the county in which the site is located prior to the issuance of the land disposal permit.
Status: Passed out of Senate Natural Resources Committee, but did not make it to the Senate floor. This bill is dead for this session, but will still be available for consideration in the 2008 session.
GAWP Position: Track and Report.
HB 237: Sales and use tax exemptions: House Bill 237 is intended to provide clarification of certain sales tax exemptions, including machinery and equipment used for water pollution control.
Status: Passed out of House Ways and Means Committee, but did not make it to the House floor. This bill is dead for this session, but will still be available for consideration in the 2008 session.
GAWP Position: Track and Report.
Overview: Friday marked the 36th day of the 2007 session of the Georgia General Assembly; there are 4 days remaining in the session. The current plan is that next Friday, April 20 will be Day 40. In order to access any bill we are tracking, find contact information for your legislators, etc., go to the General Assembly's web site at http://www.legis.state.ga.us/. A summary of still-active legislation follows:
Previously Unreported:
SB 306: Greater Fulton Water Authority: SB 306 would create the Greater Fulton Water Authority. An analysis provided by the City of Atlanta states that this would lead to the City of Atlanta losing its drinking water service area outside the city limits, the loss of 32% of the City’s drinking water customers, the default of the City’s bonds, the failure to meet consent decree deadlines and the intercession in water and sewer bond validations for the next decade between Atlanta, Fulton County and other municipalities and authorities.
Status: Passed Senate. Assigned to House Committee on Intragovernmental Coordination – Local.
GAWP Position: Track and Report. On local legislation, our policy is to notify the affected local government(s), but not to intervene or take a position unless the proposed legislation has Statewide implications.
Other Still-Active Legislation (change in status since last week’s report):
SB 146: Bid Procedures: As introduced, Senate Bill 146 would remove the ability of local governments to reject any and all bids, and would require local governments to state in the request for bids whether all anticipated permits and easements for the project have been obtained or indicate the status for each such permit or easement. This bill is being promoted by the Georgia Utility Contractors Association.
Status: Passed Senate. Passed out of House State Institutions and Property Committee, amended as requested by GAWP to clarify the process that water utilities typically follow in awarding competitive bids, while providing some of the extra disclosure of that process that the contractors want.
GAWP Position: Track and Report. Special thanks to Legislative Committee member Ted Rhinehart for his efforts in coordinating GAWP’s input, and to Mark Woodall of the Associated General Contractors of Georgia for his assistance in ensuring that GAWP’s concerns were factored into this bill.
HB 247: Service to Satellite Areas: House Bill 247 provides that single family residences and farms cannot be required to connect to the city or county water system; this prohibition does not apply to septic tanks or to private community water systems.
Status: Passed House. Passed Senate with amendment. Must go back to House for agree/disagree.
GAWP Position: Track and Report.
SB 19: GA DOT's Utility Relocation Bill: Senate Bill 19 proposes to amend the procedures for publicly or privately owned utility facilities removal, relocation, or adjustment as necessitated by the Georgia Department of Transportation (DOT) for the construction of public roads. SB19 includes a provision to allow the DOT to pay for some of the removal and relocation costs when the work is to be performed by the DOT contractor. The bill also includes language that would hold the utility liable for failing to comply with the timely removal of its facilities; however, there is a provision to create a non-binding mediation board in case a utility should disagree with the late penalties.
Status: Passed Senate. Passed out of House Transportation Committee.
GAWP Position: Track and Report.
SB 200/SR 309: Infrastructure Development Districts: Senate Bill 200 and the accompanying Senate Resolution 309 would authorize local governments to create Infrastructure Development Districts (IDDs) to assist them in securing financing to carry out their master plans.
Status: Passed Senate. Passed out of House Economic Development and Tourism Committee.
GAWP Position: Track and Report.
Other Bills That Are Still Active (no change in status since last week):
HB 463: E&SC Certification Program: House Bill 463 was amended on the House floor to eliminate the language which would have greatly weakened the Erosion and Sediment Control Act, replacing it with a one-year extension to the deadline and a greatly simplified training and certification process for many subcontractors. The floor amendments would require EPD to revoke a local government’s LIA certification (Local Issuing Authority for land disturbance permits) 30 days after they get notice of noncompliance. Many LIAs currently get in arrears on administrative, enforcement and compliance responsibilities from time to time, but EPD works with them to get them on track prior to revoking their certification. This requirement could be problematic, in light of EPD’s staffing shortages. Overall, though, the version of HB 463 which passed the House is a huge improvement, and appears to be reasonable and workable.
Status: Passed House. Assigned to Senate Natural Resources and Environment Committee.
GAWP Position: GAWP strongly supports the E&S certification program. The amended bill which passed the House would provide some tweaking of the program, and provides some appropriate simplification of the process. We will monitor this bill to ensure that it does not become a vehicle for amendments which would dismantle or undermine the program.
HB 471: Transfer of Ownership of Private Facilities: As amended, House Bill 471 would prohibit a local government from requiring that ownership of privately constructed water or wastewater systems be transferred to the local government, but the bill would only apply in a very limited number of cases involving extremely small systems. The provisions of this bill are unlikely to apply anywhere except in the particular case in coastal Georgia which inspired HB 471.
Status: Passed House. Assigned to Senate Natural Resources and Environment Committee.
GAWP Position: Track and Report.
SR 283: Joint Nonpoint Source Study Committee
Status: Passed Senate. Assigned to House Natural Resources and Environment Committee.
GAWP Position: Track and Report.
New Bills to Watch in 2008 (introduced after Crossover Day):
HB 760: Authorize WSAs to be LIAs: House Bill 760 would authorize certain water and sewer authorities to be designated as Local Issuing Authorities for land disturbance activities, with the approval of all local governments within their jurisdiction.
Status: Assigned to House Natural Resources and Environment.
GAWP Position: Track and Report.
HB 789: Performance Bonds: House Bill 789 would require anyone operating a public water system under contract with a local government to provide a performance bond to ensure its continued operation.
Status: Assigned to House Natural Resources and Environment.
GAWP Position: Track and Report.
Previously Reported Bills To Watch in 2008 (these bills did not survive crossover day):
HB 54 and 55, and SB 69: Interbasin/Intrabasin Transfer Restrictions
Status: Assigned to respective Natural Resources Committees.
GAWP Position: Oppose
HB 59: Sales Tax Exemption for Authorities
Status: Assigned to House Ways & Means Committee.
GAWP Position: Support
HB 596: Return Flows
Status: Assigned to House Natural Resources Committee.
GAWP Position: GAWP has consistently taken the position that issues such as this need to be addressed through the Statewide Water Planning process, and not through piecemeal legislation. GAWP opposes HB 596.
HB 288: Return of Security Deposits: As amended, House Bill 288 would require return of deposits with interest to residential customers who have satisfactorily paid their bills for 24 consecutive months.
Status: Passed out of House Energy, Utilities, and Telecommunications Committee, but did not make it to the House floor. This bill is dead for this session, but will still be available for consideration in the 2008 session.
GAWP Position: Track and Report.
SB 221: Septage Handling: Senate Bill 221 would shift responsibility for permitting new land disposal sites which receive septage after July 1, 2007 to EPD; require that all current sites which are permitted under DHR rules obtain a permit from EPD no later than July 1, 2012; and remove the requirement for “written approval” of the governing authority of the county in which the site is located prior to the issuance of the land disposal permit.
Status: Passed out of Senate Natural Resources Committee, but did not make it to the Senate floor. This bill is dead for this session, but will still be available for consideration in the 2008 session.
GAWP Position: Track and Report.
HB 237: Sales and use tax exemptions: House Bill 237 is intended to provide clarification of certain sales tax exemptions, including machinery and equipment used for water pollution control.
Status: Passed out of House Ways and Means Committee, but did not make it to the House floor. This bill is dead for this session, but will still be available for consideration in the 2008 session.
GAWP Position: Track and Report.