Bill Text: GA HB1102 | 2011-2012 | Regular Session | Introduced
Bill Title: Georgia hazardous site reuse and redevelopment; 30 day grace period for buyers of qualifying property to seek limitation of liability; provide
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-05-01 - Effective Date [HB1102 Detail]
Download: Georgia-2011-HB1102-Introduced.html
12 HB
1102/AP
House
Bill 1102 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
70th,
Stephens of the
164th,
Knight of the
126th,
Manning of the
32nd,
McCall of the
30th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of
Georgia Annotated, relating to solid waste management generally, so as to extend
a compliance date; to amend Code Section 31-2A-12 of the Official Code of
Georgia Annotated, relating to regulation of land disposal sites, so as to
provide for uniformity; to amend Part 5 of Article 3 of Chapter 5 of Title 12,
relating to public water systems, so as to require private water suppliers
utilizing a waste-water sewer system owned or operated by a county,
municipality, or local authority to transmit customer water consumption data to
such county, municipality, or local authority; to require private water
suppliers to suspend water supply to customers who have failed to pay charges
for use of the waste-water sewer system; to provide for exemptions; to amend
Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated,
relating to Georgia hazardous site reuse and redevelopment, so as to provide a
30 day grace period for buyers of qualifying property to seek a limitation of
liability; to provide for automatic liability limitations to future recipients
of qualified properties; to amend Article 1 of Chapter 5 of Title 48 of the
Official Code of Georgia Annotated, relating to general provisions regarding ad
valorem taxation of property, so as to extend the preferential assessment of
brownfield property under certain circumstances; to provide for related matters;
to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to public water systems, is amended in Code Section
12-5-179, relating to permits and performance bonds for operation of public
water systems, by adding a new subsection to read as follows:
"(h)(1)
Any privately owned public water supplier within this state supplying water to
customers who, incidental to the purchase of such water, utilize a waste-water
sewer system owned or operated by a county, municipality, or local authority to
dispose of or discharge the water purchased shall furnish to such political
subdivision the amount of water consumed by each individually metered customer
account during each billing period.
(2)
Upon receiving notice from a county, municipality, or local authority described
in paragraph (1) of this subsection that a customer has failed to timely pay any
charges for the use of the waste-water sewer system, the private water supplier
shall, within five business days of such notice, suspend water supply to that
customer. The water supply to such customer shall remain suspended until such
political subdivision notifies the water supplier to resume water service. The
private water supplier shall be authorized to charge a reasonable fee to the
customer for the cost of suspension or resumption of water service.
(3)
Nothing in this subsection shall abrogate the provisions of Code Section
36-60-17.
(4)
The requirements of this subsection shall not apply to submetered multifamily,
multi-industrial, or multicommercial
properties."
SECTION
1A.
Part
1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia
Annotated, relating to solid waste management generally, is amended in Code
Section 12-8-41, relating to permitting of land disposal sites, by replacing
"2012" with "2014" wherever the former occurs.
SECTION
1B.
Code
Section 31-2A-12 of the Official Code of Georgia Annotated, relating to
regulation of land disposal sites, is amended by replacing "2012" with "2014"
wherever the former occurs.
SECTION
1C.
Article
9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating
to Georgia hazardous site reuse and redevelopment, is amended by revising
paragraph (6) of subsection (b) of Code Section 12-8-202, relating to
definitions, as follows:
"(6)
'Prospective purchaser' means a person who intends to purchase a property where
there is a preexisting release
or a person
who has applied for a limitation of liability pursuant to this article within 30
days of acquiring title to a property where there is a preexisting
release."
SECTION
2.
Said
article is further amended by revising subsection (c) of Code Section 12-8-208,
relating to exceptions to limitation of liability, as follows:
"(c)
The limitation of liability provided by this article shall
be fully
transferable
automatically
inure to the
benefit
of heirs, assigns, successors in title,
and designees of the person to whom such limitation of liability is granted;
provided, however, that in no event shall the director's approval of a
corrective action plan or concurrence with a certification of compliance operate
to absolve from liability any party deemed to be a person who has contributed or
is contributing to a release at the qualifying property; and provided, further,
that a transfer of the title to the qualifying property or any portion thereof
from the prospective purchaser
back to the
owner of the property from which the subject property was
purchased,
to
any other party deemed to be a person who has contributed or is contributing to
a release at the property,
or
to
any person disqualified from obtaining a limitation of liability under Code
Section
12-8-206, or
back to the owner of the property from which the subject property was
purchased shall terminate any limitation
of liability applicable to the transferor under this article."
SECTION
3.
Article
1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating
to general provisions regarding ad valorem taxation of property, is amended by
revising subparagraph (F) of paragraph (3) of Code Section 48-5-2, relating to
definitions regarding ad valorem taxation of property, as follows:
"(F)
Fair market value of 'brownfield property' as such term is defined in subsection
(a) of Code Section 48-5-7.6 means:
(i)
Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6,
for the first ten years in which the property is classified as 'brownfield
property,' or
as this period of preferential assessment may be extended pursuant to subsection
(o) of Code Section 48-5-7.6, the value
equal to the lesser of the acquisition cost of the property or the appraised
fair market value of the property as recorded in the county tax digest at the
time application was made to the Environmental Protection Division of the
Department of Natural Resources for participation under Article 9 of Chapter 8
of Title 12, the
'Georgia
Hazardous
Sites
Site
Reuse and Redevelopment Act,' as amended;
and
(ii)
Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6,
for the eleventh and following years,
or at the end
of any extension of this period of preferential assessment pursuant to
subsection (o) of Code Section 48-5-7.6,
the fair market value of such property as determined by the provisions of this
paragraph, excluding the provisions of this subparagraph."
SECTION
4.
Said
article is further amended by revising paragraph (3) of subsection (d) of,
subparagraph (e)(1)(D) of, and adding a new subsection to Code Section 48-5-7.6,
relating to preferential assessment of brownfield property, to read as
follows:
"(3)
The local taxing authority shall enter upon the tax digest as the basis or value
of a parcel of brownfield property a value equal to the lesser of the
acquisition cost of the property or the assessment of the fair market value of
the property as recorded in the county tax digest at the time application for
participation in the Hazardous Site Reuse and Redevelopment Program was
submitted to the Environmental Protection Division of the Department of Natural
Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site
Reuse and Redevelopment Act,' as amended. Property classified as brownfield
property shall be recorded upon the tax digest as provided in this Code section
for ten consecutive assessment years,
or as extended
pursuant to subsection (o) of this Code
section, unless sooner disqualified
pursuant to subsection (e) of this Code section, and the notation 'brownfield
property' shall be entered on the tax digest adjacent to the valuation of such
property to indicate that the property is being preferentially assessed. The
local taxing authority shall also enter upon the tax digest an assessment of the
fair market value of the property each year, excluding the provisions of
subparagraph (F) of paragraph (3) of Code Section 48-5-2."
"(D)
The later of
the expiration of ten years during which
the property was classified and assessed as brownfield property
or the
expiration of this preferential assessment period as extended pursuant to
subsection (o) of this Code section;
or"
"(o)(1)
Notwithstanding anything to the contrary in subsections (a) through (n) of this
Code section, a qualified brownfield property may be eligible for preferential
assessment in accordance with the provisions of subsection (c.4) of Code Section
48-5-7 for a period not to exceed 15 years under the following
circumstances:
(A)
Construction of improvements on the property commenced but thereafter ceased for
a period in excess of 180 days;
(B)
After a delay in excess of 180 days, construction of improvements on the
property resumed; and
(C)
The owner of the qualified brownfield property submits a sworn certification to
the county board of tax assessors stating the date on which construction first
commenced, the date on which construction ceased, and the date on which
construction resumed.
(2)
Upon receipt of the certification required by subparagraph (C) of paragraph (1)
of this subsection, the county board of tax assessors shall extend the period of
preferential assessment for one year for each 365 days of construction
inactivity for up to a maximum of five consecutive years. Under no
circumstances shall the period of preferential assessment exceed 15 consecutive
years."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.