06 SB334/AP
Senate
Bill 334
By:
Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of
the 39th
AS PASSED
AN
ACT
To
amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L.
1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga.
L. 1998, p. 4493), so as to change criteria for the designation of urban
enterprise zones; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
"Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p.
4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998,
p. 4493), is amended by striking Section 5, which reads as follows:
"SECTION
5.
(a)
In order to be designated as an enterprise zone, a nominated area shall meet at
least three of the four criteria specified in subsections (b), (c), (d), and (e)
of this section. In determining whether an area suffers from poverty,
unemployment, or general distress, the governing body shall use data from the
most current United States decennial census and from other information published
by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and
the Georgia Department of Labor. In determining whether an area suffers from
underdevelopment, the governing body shall use the data specified in subsection
(e) of this Code section. The data shall be comparable in point or period of
time and methodology employed.
(b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(1)
The poverty rate shall be determined from the data in Table P121 contained in
Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM
(Georgia), prepared by the U.S. Bureau of Census (1992);
(2)
For each census geographic block group within the nominated area, the ratio of
income to poverty level for at least 20 percent of the residents shall be less
than 1.0;
(3)
In at least 50 percent of the census geographic block groups within the
nominated area, the ratio of income to poverty level for at least 30 percent of
the residents shall be less than 1.0;
(4)
Census geographic block groups with no population shall be treated as having a
poverty rate which meets the standards of paragraph (2) of this subsection but
shall be treated as having a zero poverty rate for the purpose of applying
paragraph (3) of this subsection; and
(5)
All parcels of a nominated area must abut and may not contain a noncontiguous
parcel, unless such nonabutting parcel qualifies separately under the criteria
set forth under paragraphs (2) and (3) of this subsection.
(c)
Unemployment shall be evidenced by the use of data published by the Office of
Labor Information Systems of the Georgia Department of Labor indicating that the
average rate of unemployment for the nominated area for the preceding calendar
year is at least 10 percent higher than the average rate of unemployment for the
state or by evidence of adverse economic conditions brought about by significant
job dislocation within the nominated area such as the closing of a manufacturing
plant or federal facility.
(d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline.
(e) Underdevelopment shall be evidenced by data indicating development activities, or the lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing body's jurisdiction.
(f) An existing commercial, industrial, residential, mixed-use commercial and industrial, or mixed-use residential and commercial purposes zone may be amended to add additional land to the zone, provided that:
(d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline.
(e) Underdevelopment shall be evidenced by data indicating development activities, or the lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing body's jurisdiction.
(f) An existing commercial, industrial, residential, mixed-use commercial and industrial, or mixed-use residential and commercial purposes zone may be amended to add additional land to the zone, provided that:
(1)
The area to be added complies with the requirements of subsection (a) of this
section; and
(2)
Notwithstanding the date of expansion of the existing zone, the schedule of
abatements for the area added to the existing zone shall coincide with the
schedule of abatements for the existing zone."
And
inserting in its place thereof the following:
"SECTION
5.
(a)
Two types of geographic methods may be used for determining whether a nominated
property or area is eligible for urban enterprise zone designation within the
Atlanta City Limits: 1) the 'automatic eligibility method'; and 2) the
'site-specific eligibility method.' The 'automatic eligibility method' shall
consist of first verifying that a nominated property or area is not located
within an approved tax allocation district, then identifying the geographic
boundaries of said nominated property or area as being located within one of the
six commercial corridors that are listed below, which were identified as being
'EDP Priority Areas' by the City of
Atlantás
adopted 'New Century Economic Development Plan—Version Zero.Five (0.5)'
(August 2004), and whose geographic boundaries are delineated by the attached
map comprising Exhibit 'A,' which was prepared by the City of Atlanta Bureau of
Planning in December 2004. Any subsequent modifications to the map representing
the geographic boundaries of these EDP Priority Areas, any name changes, or any
subsequent creation of separate maps delineating the boundaries of each
individual EDP Priority Area, shall, for legal and operational purposes, replace
or be used in addition to the attached map, and shall not require an amendment
to this Act. However, any deletions of entire EDP Priority Areas, or additions
of new ones, shall, in fact, require an amendment to this Act. To eliminate
possible complications in calculating tax abatements that a property owner of an
approved enterprise zone may be entitled to, under the automatic eligibility
method, a nominated property or area must be completely, rather than partially,
located within the boundaries of one of the six identified EDP Priority
Areas.
'EDP
Priority Areas' Which Shall Be Automatically Eligible For Urban Enterprise Zone
Designation:
1.
Donald Lee Hollowell Parkway.
2.
Simpson Road.
3.
Campbellton Road.
4.
Memorial Drive.
5.
Jonesboro Road.
6.
'Stadium Neighborhoods' (consisting of several neighborhoods south of Downtown
Atlanta).
(b)
The 'site-specific eligibility method' shall require a nominated property or
site to meet at least three of five possible locational criteria that are
specified in subsections (c), (d), (e), (f), and (g) of this section. In
determining whether an area suffers from poverty or unemployment, the governing
body shall use data from the most current United States decennial census and
from other information published by the Federal Bureau of the Census, the
Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In
determining whether an area suffers from general distress or underdevelopment,
the governing body shall use the data that are specified in subsection (f) of
this Code section. The data shall be comparable in point or period of time, as
well as the methodology that is
utilized.
(c) The first locational criterion to be met under the site-specific eligibility method shall be 'pervasive poverty.' Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(c) The first locational criterion to be met under the site-specific eligibility method shall be 'pervasive poverty.' Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(1)
The poverty rate shall be determined from the data on poverty contained in
Census of Population and Housing, 2000: on CD-ROM (Georgia), prepared by the
U.S. Bureau of Census;
(2)
For each census geographic block group within the nominated area, the ratio of
income to poverty level for at least 20 percent of the residents shall be less
than 1.0;
(3)
In at least 50 percent of the census geographic block groups within the
nominated area, the ratio of income to poverty level for at least 30 percent of
the residents shall be less than 1.0;
(4)
Census geographic block groups with no population shall be treated as having a
poverty rate which meets the standards of paragraph (2) of this subsection but
shall be treated as having a zero poverty rate for the purpose of applying
paragraph (3) of this subsection; and
(5)
All parcels of a nominated area must abut and may not contain a noncontiguous
parcel, unless such nonabutting parcel qualifies separately under the criteria
set forth under paragraphs (2) and (3) of this subsection.
(d)
The second locational criterion to be met under the site-specific eligibility
method shall be 'unemployment.' Unemployment shall be evidenced by the use of
data published by the Office of Labor Information Systems of the Georgia
Department of Labor indicating that the average rate of unemployment for the
nominated area for the preceding calendar year is at least year 10 percent
higher than the average rate of unemployment for this state or by evidence of
adverse economic conditions brought about by significant job dislocation within
the nominated area such as the closing of a manufacturing plant or federal
facility.
(e) The third locational criterion to be met under the site-specific eligibility method shall be 'general distress.' General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline.
(e) The third locational criterion to be met under the site-specific eligibility method shall be 'general distress.' General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline.
(f)
The fourth locational criterion to be met under the site-specific eligibility
method shall be 'underdevelopment.' Underdevelopment shall be evidenced by data
indicating development activities, or the lack thereof, through land disturbance
permits, business license fees, building permits, development fees, or other
similar data indicating that the level of development in the nominated area is
at least 20 percent lower than development activity within the local governing
bodýs
jurisdiction.
(g) The fifth locational criterion to be met under the site-specific eligibility method shall be 'general blight.' General blight shall be evidenced by data indicating that a nominated property or area is located within the boundaries of an identified urban redevelopment area, for which an urban redevelopment plan has been officially adopted by the affected governing body.
(h) The fact that a nominated property or area has been determined to meet the tests of urban enterprise zone eligibility by either of the two methods that are described above does not, in itself, grant or convey urban enterprise zone designation upon said nominated property or area. Rather, an ordinance to award urban enterprise zone designation to a nominated property or area must be officially introduced and adopted by the Atlanta City Council after an applicant has formally applied for urban enterprise zone designation through the Bureau of Planning.
(i) An existing commercial, industrial, residential, mixed-use commercial and industrial, or mixed-use residential and commercial purposes zone may be amended to add additional land to the zone, provided that:
(g) The fifth locational criterion to be met under the site-specific eligibility method shall be 'general blight.' General blight shall be evidenced by data indicating that a nominated property or area is located within the boundaries of an identified urban redevelopment area, for which an urban redevelopment plan has been officially adopted by the affected governing body.
(h) The fact that a nominated property or area has been determined to meet the tests of urban enterprise zone eligibility by either of the two methods that are described above does not, in itself, grant or convey urban enterprise zone designation upon said nominated property or area. Rather, an ordinance to award urban enterprise zone designation to a nominated property or area must be officially introduced and adopted by the Atlanta City Council after an applicant has formally applied for urban enterprise zone designation through the Bureau of Planning.
(i) An existing commercial, industrial, residential, mixed-use commercial and industrial, or mixed-use residential and commercial purposes zone may be amended to add additional land to the zone, provided that:
(1)
The area to be added complies with the requirements of subsection (a) of this
section; and
(2)
Notwithstanding the date of expansion of the existing zone, the schedule of
abatements for the area added to the existing zone shall coincide with the
schedule of abatements for the existing zone.
(j)
The city shall, on at least a quarterly basis, provide a report to the members
of the General Assembly whose districts are wholly or partially located within
the City of Atlanta. The report shall contain information concerning the status
of any areas designated as enterprise zones pursuant to this
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.