§ 12-16-21. Detailed Statement of Rationale for Regulatory Change Required
Prior to the board’s promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale: Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, […]
§ 12-16-22. Exceptions Allowed for Public Health and Welfare
Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health […]
§ 12-16-23. Construction With Administrative Procedure Act
The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 12-16-23 , enacted by Ga. L. 2004, p. 329, § 3.
§ 12-16-6. Reconciliation of Existing Authority Required
All government agencies shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes, and provisions of this article, including the guidelines issued pursuant to Code Section 12-16-8, and shall […]
§ 12-16-7. Effect of Article on Federal Environmental Policy Requirements
Nothing in this article shall in any way affect or detract from specific statutory obligations of any government agency to comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it, except those specified in Code Section 12-16-6; to coordinate or consult with any other government agency or federal […]
§ 12-16-8. Director to Issue Guidelines to Assist Government Agencies
Prior to July 1, 1991, the director shall issue guidelines to assist government agencies in the preparation of environmental effects reports in accordance with this article, including, but not limited to, provisions for: Criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment; Comment upon the proposed governmental […]
§ 12-16-9. Limitation on Requirement for Environmental Evaluation
When a project of a department, municipality, county, or authority to construct or improve a public road or airport does not exceed $100 million in costs, such project shall not constitute a proposed governmental action which may significantly adversely affect the quality of the environment and the requirements of this article shall not be applicable, […]
§ 12-16-20. Definitions
As used in this article, the term: “Board” means the Board of Natural Resources. “Commissioner” means the commissioner of natural resources. “Covered action” means the issuance by the department or the division of any state-wide or regional permit or any standard or other policy contemplated by any state environmental law or environmental regulation. “Department” means […]
§ 12-16-1. Short Title
This article shall be known and may be cited as the “Environmental Policy Act.” History. Code 1981, § 12-16-1 , enacted by Ga. L. 1991, p. 1728, § 1; Ga. L. 2004, p. 329, § 2.
§ 12-16-2. Legislative Findings
The General Assembly finds that: The protection and preservation of Georgia’s diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the economy of the state and is a matter of the highest public priority; State agencies should conduct their affairs with an awareness that they are […]