06 LC
25 4290
House
Bill 1319
By:
Representatives Smith of the
70th,
Knight of the
126th,
Golick of the
34th,
Rogers of the
26th,
and McCall of the
30th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating
to the Georgia Environmental Facilities Authority, so as to change certain
provisions relating to definitions relative to said article; to change certain
provisions relating to purpose, powers, and duties of the authority; to change
certain provisions relating to loans to local governments and repayment thereof;
to change certain provisions relating to lease agreements; to change certain
provisions relating to review of contracts and agreements with local governments
by the Environmental Protection Division of the Department of Natural Resources;
to repeal certain provisions relating to transfer of employees of the former
Office of Energy Resources; to change certain provisions relating to transfer of
assets, funds, property, contracts, programs, obligations, and interests of the
former Office of Energy Resources; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
23 of Title 50 of the Official Code of Georgia Annotated, relating to the
Georgia Environmental Facilities Authority, is amended by striking paragraphs
(5), (6), and (12) of Code Section 50-23-4, relating to definitions relative to
said article, and inserting in lieu thereof the following:
"(5)
'Environmental facilities' means any projects, structures, and other real or
personal property acquired, rehabilitated, constructed, or planned:
(A)
For the purposes of supplying,
distributing,
and treating water and diverting, channeling, or controlling water flow and head
including, but not limited to, surface or ground water, canals, reservoirs,
channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines,
mains, pumping stations, water distribution systems, compensating reservoirs,
intake stations, waterworks or sources of water supply, wells, purification or
filtration plants or other treatment plants and works, connections, water
meters, mechanical equipment, electric generating equipment, rights of flowage
or division and other plant structures, equipment, conveyances, real or personal
property or rights therein and appurtenances, furnishings, accessories, and
devices thereto necessary or useful and convenient for the collection,
conveyance, distribution, pumping, treatment, storing, or disposing of
water;
(B)
For the purposes of collecting, treating, or disposing of sewage including, but
not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other
sewers, outfall, pumping stations, treatment and disposal plants, ground water
rechange basins, backflow prevention devices, sludge dewatering or disposal
equipment and facilities, clarifiers, filters, phosphorus removal equipment and
other plants, soil absorption systems, innovative systems or equipment,
structures, equipment, vehicles, conveyances, real or personal property or
rights therein, and appurtenances thereto necessary or useful and convenient for
the collection, conveyance, pumping, treatment, neutralization, storing, and
disposing of sewage;
and
(C)
For the purposes of collecting, treating, recycling, composting, or disposing of
solid waste, including, but not limited to, trucks, dumpsters, intermediate
reception stations or facilities, transfer stations, incinerators, shredders,
treatment plants, landfills, landfill equipment, barrels, binders, barges,
alternative technologies and other plant structures, equipment, conveyances,
improvements, real or personal property or rights therein, and appurtenances,
furnishings, accessories, and devices thereto necessary or useful and convenient
for the collection, treatment, or disposal of solid
waste;
or
(D)
For the purposes of carrying out a community land conservation project or a
state land conservation project pursuant to Chapter 22 of Title
36.
(6)
'Environmental services' means the provision, collectively or individually, of
water facilities, sewerage facilities, solid waste facilities,
community land
conservation projects or state land conservation projects pursuant to Chapter 22
Title 36, or management
services."
"(12)
'Project' means the acquisition, construction, installation, modification,
renovation, repair, extension, renewal, replacement, or rehabilitation of land,
interest in land, buildings, structures, facilities, or other improvements and
the acquisition, installation, modification, renovation, repair, extension,
renewal, replacement, rehabilitation, or furnishing of fixtures, machinery,
equipment, furniture, or other property of any nature whatsoever used on, in, or
in connection with any such land, interest in land, building, structure,
facility, or other improvement, all for the essential public purpose of
providing environmental facilities and services
so
as to meet public health and environmental
standards
and
to,
protect the
statés
valuable natural resources, or aid the
development of trade, commerce, industry, agriculture, and employment
opportunities,
or projects authorized by the Georgia Regional Transportation Authority created
by Chapter 32 of this title as defined in such chapter, where the authority has
been directed to issue revenue bonds, bonds, notes, or other obligations to
finance such project or the cost of a project in whole or in part, provided that
the
authoritýs
power with respect to such projects authorized by the Georgia Regional
Transportation Authority shall be limited to providing such financing and
related matters as authorized by the Georgia Regional Transportation
Authority."
SECTION
2.
Said
chapter is further amended in subsection (b) of Code Section 50-23-5, relating
to purpose, powers, and duties of the authority, by adding new paragraphs to
read as follows:
"(30.1)
To exercise any powers necessary or convenient to conduct the activities and
perform the acts that are contemplated for the authority by Chapter 22 of Title
36;
(30.2)
To fund, or partially fund, the Georgia Land Conservation Revolving Loan Fund
established by Chapter 22 of Title
36;"
SECTION
3.
Said
chapter is further amended by striking Code Section 50-23-6, relating to loans
to local governments and repayment thereof, and inserting in lieu thereof the
following:
"50-23-6.
(a)
The authority may make loans to a local government to pay all or any part of the
cost of a project. The authority may require the local government to issue bonds
or revenue bonds as evidence of such loans. The authority and a local government
may enter into such loan commitments and option agreements as may be determined
appropriate by the authority.
(b)
The authority may require as a condition of any loan to a local government that
such local government shall perform any or all of the following:
(1)
In the case of loans for a sewerage facility, establish and collect sewer rents,
rates, fees, and charges so as to produce revenues sufficient to pay all or a
specified portion of:
(A)
Costs of operation, maintenance, replacement, renewal, and repairs;
and
(B)
Outstanding indebtedness incurred for the purposes of such sewerage facility,
including the principal of and interest on the bonds, revenue bonds, notes, or
other obligations issued by the local government, as the same shall become due
and payable, and to create and maintain any required reserves;
(2)
In the case of loans for a water facility, establish and collect rents, rates,
fees, and charges so as to produce revenues sufficient to pay all or a specified
portion of:
(A)
Costs of operation, maintenance, renewal, replacement, and repairs of the water
facility of such local government; and
(B)
Outstanding indebtedness incurred for the purposes of such water facility,
including the principal of and interest on the bonds, revenue bonds, notes, or
other obligations issued by the local government, as the same shall become due
and payable, and to create and maintain any required reserves;
(3)
In the case of loans for a solid waste facility, establish and collect rents,
rates, fees, and charges so as to produce revenues sufficient to pay all or a
specified portion of:
(A)
Costs of operation, maintenance, renewal, replacement, and repairs of the solid
waste facility of such local government; and
(B)
Outstanding indebtedness incurred for the purposes of such solid waste facility,
including the principal of and interest on the bonds, revenue bonds, notes, or
other obligations issued by the local government, as the same shall become due
and payable, and to create and maintain any required reserves;
(4)
Create and maintain a special fund or funds, as additional security for the
payment of the principal of such revenue bonds and the interest thereon and any
other amounts becoming due under any agreement, entered into in connection
therewith and for the deposit therein of such revenues as shall be sufficient to
make such payment as the same shall become due and payable;
(5)
Create and maintain such other special funds as may be required by the
authority; and
(6)
Perform such other acts, including the conveyance of real and personal property
together with all right, title, or interest therein to the authority, or take
other actions as may be deemed necessary or desirable by the authority to secure
the payment of the principal of and interest on such bonds, revenue bonds,
notes, or other obligations and to provide for the remedies of the authority in
the event of any default by such local government in such payment.
(c)
All local governments issuing and selling bonds, revenue bonds, notes, or other
obligations to the authority are authorized to perform such acts, take such
action, adopt such proceedings, and to make and carry out such contracts with
the authority as may be contemplated by this article.
(d)
In connection with the making of any loan authorized by this article, the
authority may fix and collect such fees and charges including, but not limited
to, reimbursement of all costs of financing by the authority, as the authority
shall determine to be reasonable. Neither the Public Service Commission nor any
local government or state agency shall have jurisdiction over the
authoritýs
power over the regulation of such fees or charges.
(a)
The authority may make grants to governmental entities as provided for in
Chapter 22 of Title 36 and as otherwise provided by law.
(b)
The authority may make loans to a local government to pay all or any part of the
cost of a project. The authority may require the local government to issue
bonds or revenue bonds as evidence of such loans. The authority and a local
government may enter into such loan commitments and option agreements as may be
determined appropriate by the authority.
(c)
The authority may require as a condition of any loan to a local government that
such local government shall perform any or all of the following:
(1)
As appropriate and permitted by law, establish and collect taxes, rents, rates,
fees, and charges so as to produce revenues sufficient to pay all or a specified
portion of:
(A)
Costs of operation, maintenance, replacement, renewal, and repairs;
and
(B)
Outstanding indebtedness incurred for the purposes of such project, including
the principal of and interest on the bonds, revenue bonds, notes, or other
obligations issued by the local government, as the same shall become due and
payable, and to create and maintain any required reserves;
(2)
Create and maintain a special fund or funds as additional security for the
payment of the principal revenue bonds and the interest thereon and any other
amounts becoming due under any agreement entered into in connection with such
bonds and for the deposit of such revenues as shall be sufficient to make such
payment as the same shall become due and payable;
(3)
Create and maintain such other special funds as may be required by the
authority; and
(4)
Such other acts, including the conveyance of real and personal property together
with all right, title, or interest therein to the authority, as may be deemed
necessary or desirable by the authority to secure the payment of the principal
of and interest on bonds, revenue bonds, notes, or other obligations and to
provide for the remedies of the authority in the event of any default by such
local government in such payment.
(d)
All local governments issuing and selling bonds, revenue bonds, notes, or other
obligations to the authority are authorized to perform such acts, take such
action, adopt such proceedings, and make and carry out such contracts with the
authority as may be contemplated by this article.
(e)
In connection with the making of any loan authorized by this article, the
authority may fix and collect such fees and charges, including but not limited
to reimbursement of all costs of financing by the authority, as the authority
shall determine to be reasonable. Neither the Public Service Commission nor any
local government or state agency shall have jurisdiction over the
authoritýs
power over the regulation of such fees or charges.
(f)
A mutual undertaking by a local government to borrow and an undertaking by the
authority to lend funds from and to each other for projects shall be a provision
for services and an activity within the meaning of Article IX, Section III,
Paragraph I(a) of the
Constitution."
SECTION
4.
Said
chapter is further amended by striking subsection (f) of Code Section 50-23-7,
relating to lease agreements, and inserting in lieu thereof the
following:
"(f)
Any lease agreement directly between the state or authority and a local
government may contain provisions requiring the local government to perform any
or all of the following:
(1)
In the case of a sewerage facility, to establish and collect sewer rents, rates,
fees, and charges so as to produce revenues sufficient to pay all or a specified
portion of:
(A)
The costs of operation, maintenance, renewal, replacement, and repairs of the
sewerage facility of such local government; and
(B)
Outstanding bonds, revenue bonds, notes, or other obligations incurred for the
purposes of such sewerage facility and to provide for the payment of all amounts
as they shall become due and payable under the terms of such lease agreement,
including amounts for the creation and maintenance of any required
reserves;
(2)
In the case of a water facility, to establish and collect rents, rates, fees,
and charges so as to produce revenues sufficient to pay all or a specified
portion of:
(A)
The costs of operation, maintenance, renewal, and repairs of the water facility
of such local government; and
(B)
Outstanding bonds, revenue bonds, notes, or other obligations incurred for the
purposes of such water facility and to provide for the payment of all amounts as
they shall become due and payable under the terms of such lease agreement,
including amounts for the creation and maintenance of any required
reserves;
(3)
In the case of a solid waste facility, to establish and collect rents, rates,
fees, and charges so as to produce revenues sufficient to pay all or a specified
portion of:
(A)
The costs of operation, maintenance, renewal, and repairs of the water facility
of such local government; and
(B)
Outstanding bonds, revenue bonds, notes, or other obligations incurred for the
purposes of such solid waste facility and to provide for the payment of all
amounts as they shall become due and payable under the terms of such lease
agreement, including amounts for the creation and maintenance of any required
reserves;
(4)
To create and maintain reasonable reserves or other special funds;
(5)
To create and maintain a special fund or funds as additional security for the
punctual payment of any rentals due under such lease agreement and for the
deposit therein of such revenues as shall be sufficient to pay said lease
rentals and any other amounts becoming due under such lease agreements as the
same shall become due and payable; or
(6)
To perform such other acts and take such other action as may be deemed necessary
and desirable by the authority to secure the complete and punctual performance
by such local government of such lease agreements and to provide for the
remedies of the authority in the event of a default by such local government in
such payment.
(1)
As appropriate and otherwise permitted by law, establish and collect taxes,
rents, rates, fees, and charges so as to produce revenues sufficient to pay all
or a specified portion of:
(A)
The costs of operation, maintenance, renewal, replacement, and repairs of any
project of such local government; and
(B)
Outstanding bonds, revenue bonds, notes, or other obligations incurred for the
purposes of such project and to provide for the payment of all amounts as they
shall become due and payable under the terms of such lease agreement, including
amounts for the creation and maintenance of any required reserves;
(2)
Create and maintain reasonable reserves or other special funds;
(3)
Create and maintain a special fund or funds as additional security for the
punctual payment of any rentals due under such lease agreement and for the
deposit of such revenues as shall be sufficient to pay rentals and any other
amounts becoming due under such lease agreements as the same shall become due
and payable; and
(4)
Such other acts and take such other action as may be deemed necessary and
desirable by the authority to secure the complete and punctual performance by
such local government of such lease agreements and to provide for the remedies
of the authority in the event of a default by such local government in such
payment."
SECTION
5.
Said
chapter is further amended by striking Code Section 50-23-9, relating to review
of contracts and agreements with local governments by the Environmental
Protection Division of the Department of Natural Resources, and inserting in
lieu thereof the following:
"50-23-9.
(a)
The authority shall not enter into any contract or agreement with any local
government with respect to the financing of any environmental facility pursuant
to this article, unless the director of the Environmental Protection Division of
the Department of Natural Resources shall have completed all existing statutory
reviews and approvals with respect to such project. Nothing in this article
shall be construed to diminish the full authority and responsibility of the
director of the Environmental Protection Division for existing statutory reviews
and approvals.
(b)
The authority shall not enter into any contract or agreement with any local
government or the Department of Natural Resources with respect to the financing,
by loan or grant, of any community land conservation project or state land
conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land
Conservation Council has approved the community land conservation project or
state land conservation project and the chairperson has directed the authority
to execute the approval decision of the Georgia Land Conservation Council.
Nothing in this article shall be construed to diminish the full authority and
responsibility of the Georgia Land Conservation
Counciĺs
existing statutory reviews and
approvals."
SECTION
6.
Said
chapter is further amended by repealing and reserving Code Section 50-23-33,
relating to transfer of employees of the former Office of Energy
Resources.
SECTION
7.
Said
chapter is further amended by repealing and reserving Code Section 50-23-34,
relating to transfer of assets, funds, property, contracts, programs,
obligations, and interests of the former Office of Energy
Resources.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.