Bill Text: GA SB86 | 2011-2012 | Regular Session | Engrossed

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Bill Title: Community Affairs, Dept. of; repeal definition of "qualified local government"; comprehensive planning by local governments shall be optional

Spectrum: Partisan Bill (Republican 6-0)

Status: (Vetoed) 2011-05-13 - Veto V3 [SB86 Detail]

Download: Georgia-2011-SB86-Engrossed.html

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11 LC 28 5588S (SCS)

Senate Bill 86

By: Senators Ginn of the 47th, Miller of the 49th, Williams of the 19th, Rogers of the 21st, Murphy of the 27th and others

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise a definition; to modify reviews of developments of regional impact; 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.

Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by revising paragraph (18) of subsection (a) of Code Section 50-8-2, relating to definitions, as follows:

"(18) 'Qualified local government' means a county or municipality which: has adopted a basic local plan, which shall, upon request by a county or municipality, be developed by the state's regional commissions utilizing existing resources

(A) Has a comprehensive plan in conformity with the minimum standards and procedures;

(B) Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and

(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict."

SECTION 2.

Said chapter is further amended by inserting "and" at the end of paragraph (2) of subsection (d) of Code Section 50-8-7.1, relating to general powers and duties of the department, and revising paragraphs (3), (4), and (5) as follows:

"(3) The department may establish rules and procedures which require that local governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government, (other than a regional commission,) shall be submitted for review to by the local government. government's regional commission. Any such proposed action by a regional commission shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional commission or the department, as the case may be, that the action will be in the best interest of the region and state or that it will not be in the best interest of the region and state;

(4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and

(5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional commission if such local government or regional commission, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict."

SECTION 3.

This Act shall become effective upon its approval by the Governor or its becoming law without such approval.

SECTION 4.

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