Bill Text: GA HB169 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Natural Resources, Department of; proposed new or revised flood elevations; require notice

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2010-07-01 - Effective Date [HB169 Detail]

Download: Georgia-2009-HB169-Comm_Sub.html

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09 HB169/SCSFA/2

SENATE SUBSTITUTE TO HB 169

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to provide for notices to affected property owners and local governments whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations that are proposed for any property located in the regulatory floodway or elsewhere in this state; to provide for the manner and contents of such notices; to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to provide for metering and separate charging of water to tenants; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, is amended by adding a new Code section to read as follows:

"12-5-9.

(a)(1) Whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations as designated on preliminary flood maps for any property located in the regulatory floodway or elsewhere in this state, the department shall provide notice to the county tax assessor and to the county or municipal government affected by the revised flood map. Such notice shall be given in writing to the county tax assessor and to the governing authority of such county or municipality by certified mail. Such notices shall be sent promptly and in sufficient time to allow the county or municipality to appeal such determinations in accordance with the provisions of law.

(2) Within 60 days of such notification, the county tax assessor shall provide the department with the names and addresses of all owners of properties affected by new or revised flood elevations as indicated on the revised preliminary flood map.

(3) Within 21 days of receipt of names and addresses of owners of properties affected by new or revised flood elevations as designated on the revised preliminary flood map, the department shall provide notice to each such property owner that his or her property will be affected by such new or revised flood elevations and the potential implications of such changes. Such notice shall be given in writing by mail addressed to the owner of record as shown on the property and tax records of the county in which such property is located. Such notices shall be sent by certified mail to owners of properties designated as being in the regulatory floodway and by regular mail to all other owners of affected properties and shall be sent promptly and in sufficient time to allow the property owners to appeal such determinations in accordance with the provisions of law. At a minimum, such notices shall contain a description of the proposed new or revised flood elevations and a description of the appeal process from such determinations.

(b) Failure to receive a notice required by subsection (a) of this Code section shall not create a basis for any appeal of any new or revised flood elevation independent of the appeal process established by the Federal Emergency Management Agency."

SECTION 1A.

Part 5 of Article 3 of Chapter 5 of Title 12 of the O.C.G.A., relating to public water systems, is amended in Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants, by adding a new subsection to read as follows:

"(c) Subsection (a) of this Code section notwithstanding, the owner or operator of a newly constructed building or structure, not including a renovated building, permitted after January 1, 2010, containing residential units shall install equipment to measure the quantity of water provided to each tenant; and the owner or operator of such a building shall charge tenants separately for water service based on actual use per unit, prorated for common use areas. The total charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water service for such building plus a reasonable fee for establishing, servicing, and billing for water service; the terms of the charges shall be disclosed to tenants prior to any contractual agreement. This subsection shall not apply to any construction of a building containing residential units the contract for which was entered into prior to January 1, 2010."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.