Bill Text: GA SB524 | 2011-2012 | Regular Session | Introduced

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Bill Title: Water/Sewage Systems; prohibit municipal corporations from requiring certain persons; to use the sewage system maintained by municipal corp.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-12 - Senate Read and Referred [SB524 Detail]

Download: Georgia-2011-SB524-Introduced.html

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12 LC 40 0158

Senate Bill 524

By: Senator Tolleson of the 20th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 36-34-5 of the Official Code of Georgia Annotated, relating to the acquisition and construction of water and sewage systems by municipal corporations, so as to prohibit municipal corporations from requiring certain persons served by a private on-site sewage management system to use the sewage system maintained by the municipal corporation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 36-34-5 of the Official Code of Georgia Annotated, relating to the acquisition and construction of water and sewage systems by municipal corporations, is amended as follows:

"36-34-5.

(a) In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter:

(1) To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipal corporation;

(2) To acquire by gift, by purchase, or by the exercise of the right of eminent domain any lands, easements, rights in lands, and water rights in connection therewith;

(3) To operate and maintain any such systems for its own use and for:

(A) Public and private persons within the territorial boundaries of the municipal corporation who use the system; or

(B) Persons to whom the system is made available at the property owned by such persons; and

(4) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities:

(A) Furnished to persons or users; or

(B) Made available by such systems to the property owner at such owner's property. When services are available but not used, the maximum rates, fees, tolls, or other charges imposed shall not exceed the minimum charge or fee imposed on a user of such system.

(b) No municipal corporation shall require a single-family residential property owner or farm served by a lawfully operated private on-site sewage management system to connect with or use any sewage system supplied by such municipal corporation, nor shall a municipal corporation impose any fee or charge to such single-family residential property owner or farm for sewage system services made available but not used.

(b)(c) The provisions of subparagraphs (a)(3)(B) and (a)(4)(B) of this Code section shall apply with respect to an individual residential property owner only in the case of a municipality or public water system or project thereof that is exempted from the provisions of subsections (a) and (b) of Code Section 36-60-17.1 pursuant to subsection (c) of such Code section."

SECTION 2.

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