HB 43: Disadvantaged Community Drinking Water Assistance Program; establish

House Bill 43

By: Representatives Davis of the 87th, Schofield of the 63rd, Taylor of the 92nd, and Scott of the 76th

A BILL TO BE ENTITLED

AN ACT

To amend Part 1 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions of wells and drinking water, so as to establish the Disadvantaged Community Drinking Water Assistance Program; to provide for purpose, requirements, restrictions, and priorities of the program; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions of wells and drinking water, is amended by adding a new Code section to read as follows:

"12-5-74.

(a) As used in this Code section, the term:

(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.

(2) 'Disadvantaged community' means any census block group in which 30 percent or more of the population comprises individuals with an annual household income equal to or less than 200 percent of the federal poverty level.

(3) 'Division' means the Environmental Protection Division of the Department of Natural Resources.

(b) There is established the Disadvantaged Community Drinking Water Assistance Program to be administered by the division.

(c) The purpose of the Disadvantaged Community Drinking Water Assistance Program shall be to provide financial assistance, as shall be appropriated to the division, to disadvantaged communities that have experienced a significant decline in quantity or quality of drinking water and to obtain or maintain adequate quantities of water that meets the standards set by the federal Safe Drinking Water Act, 42 U.S.C. Section 300f, et seq.

(d) Grants provided pursuant to this Code section may be used for the following purposes:

(1) Point of use treatment and point of entry systems;

(2) Wellhead treatment and distributed treatment facilities;

(3) Blending systems in compliance with state regulations;

(4) Costs related to the consolidation of a small rural water system or multiple small rural water systems with a larger system;

(5) Construction of new water source facilities including wells and connections to existing systems;

(6) Water distribution facilities;

(7) Water capacity fees, water supply development fees, water connections fees, and similar fees that are assessed when a new connection is added to an existing public water system as part of a consolidation;

(8) Assistance to households to connect to water facilities;

(9) Emergency water supplies; and

(10) Application and technical assistance costs associated with the activities described in paragraphs (1) through (9) of this subsection.

(e) In determining priorities for funding projects, the director shall take into consideration:

(1) Disadvantaged communities that are currently operating under notices of violation for failing to provide potable water that meets primary drinking water standards;

(2) Whether the applicant has the ability to qualify for alternative funding sources that do not result in water rate increases unable to be absorbed by the residential ratepayers;

(3) Disadvantaged communities deemed vulnerable to water shortage conditions because the systems serving such disadvantaged communities are located in critically overdrafted groundwater basins and have only a single water supply source;

(4) Rural disadvantaged communities served by individual, on-site domestic wells that have documented dry well conditions or contaminated well conditions; and

(5) Public water systems that desire to consolidate with each other, or with a larger urban system, to increase economies of scale to reduce cost of service and increase the level and quality of water service delivery.

(f) A grant provided under this Code section shall not be used to fund:

(1) More than 100 percent of the costs for:

(A) Technical assistance and other costs associated with application for assistance through the Disadvantaged Community Drinking Water Assistance Program;

(B) Initial operating costs incurred to start up, test, and place into service project facilities or components; and

(C) Capital costs of construction of facilities or components to ensure such facilities and components are properly operational; or

(2) More than 25 percent of operation and maintenance costs incurred subsequent to placing the facilities or components into service to ensure service remains efficient and effective.

(g) No more than 25 percent of funds made available in any fiscal year for grants under this Code section shall be used for operations and maintenance costs."

SECTION 2.

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