| 50 | | - | "ARTICLE 840 |
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| 51 | | - | 36-36-130.41 |
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| 52 | | - | The procedures of this article shall apply to deannexations pursuant to this article but shall42 |
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| 53 | | - | not apply to deannexations by local Acts of the General Assembly.43 |
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| 54 | | - | 36-36-131.44 |
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| 55 | | - | (a) Authority is granted to the governing authority of any municipality to deannex an area45 |
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| 56 | | - | or areas of the existing corporate limits thereof, in accordance with the procedures provided46 |
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| 57 | | - | in this article and in Article 1 of this chapter, upon the written and signed applications of47 |
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| 58 | | - | all of the owners of all of the land, except the owners of any public street, road, highway,48 |
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| 59 | | - | or right of way, proposed to be deannexed, containing a complete description of the lands49 |
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| 60 | | - | to be deannexed; provided, however, that no more than ten parcels of property may be50 |
|---|
| 61 | | - | deannexed in one action and only upon the adoption of a resolution by the governing51 |
|---|
| 62 | | - | authority of the county in which such property is located consenting to such deannexation.52 |
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| 63 | | - | If the governing authority of the county consents to the deannexation and the deannexation53 |
|---|
| 64 | | - | conforms with the requirements of this article, the governing authority of the municipal54 |
|---|
| 65 | | - | corporation shall approve such deannexation unless it finds that the deannexation would55 |
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| 66 | | - | be detrimental to the health, safety, and welfare of the residents and property owners of the56 |
|---|
| 67 | | - | area to be deannexed or to the area remaining within the municipality.57 |
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| 68 | | - | (b) Lands to be deannexed at any one time under this article shall be treated as one body,58 |
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| 69 | | - | regardless of the number of owners, and all parts shall be considered as adjoining the limits59 |
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| 70 | | - | of the municipality when any one part of the entire body abuts such limits; provided,60 |
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| 71 | | - | however, that at least one-eighth of the aggregate external boundary or 50 feet of the area61 |
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| 72 | | - | to be deannexed, whichever is less, either abuts directly on the municipal boundary or62 |
|---|
| 73 | | - | would directly abut on the municipal boundary if it were not otherwise separated from the63 23 LC 47 2513S |
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| 74 | | - | S. B. 145 (SUB) |
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| 75 | | - | - 4 - |
|---|
| 76 | | - | municipal boundary by lands owned by the municipal corporation or some other political64 |
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| 77 | | - | subdivision, by lands owned by this state, or by the definite width of:65 |
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| 78 | | - | (1) Any street or street right of way;66 |
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| 79 | | - | (2) Any creek or river; or67 |
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| 80 | | - | (3) Any right of way of a railroad or other public service corporation which divides the68 |
|---|
| 81 | | - | municipal boundary and any area proposed to be deannexed.69 |
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| 82 | | - | (c) When such application is acted upon by the municipal governing authority and the land70 |
|---|
| 83 | | - | is, by ordinance, deannexed from the municipality, an identification of the property so71 |
|---|
| 84 | | - | deannexed shall be filed with the Department of Community Affairs and with the72 |
|---|
| 85 | | - | governing authority of the county in which the property is located in accordance with Code73 |
|---|
| 86 | | - | Section 36-36-3.74 |
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| 87 | | - | (d) When so deannexed, such lands shall cease to constitute a part of the lands within the75 |
|---|
| 88 | | - | corporate limits of the municipality as completely and fully as if the limits had been76 |
|---|
| 89 | | - | marked and defined by local Act of the General Assembly.77 |
|---|
| 90 | | - | (e)(1) Except as provided in paragraph (2) of this subsection and Code78 |
|---|
| 91 | | - | Section 36-36-133, when so deannexed, the land shall be deannexed from the79 |
|---|
| 92 | | - | municipality effective for ad valorem tax purposes on December 31 of the year during80 |
|---|
| 93 | | - | which such application is submitted and for all other purposes on the first day of the next81 |
|---|
| 94 | | - | calendar quarter that begins at least one month after the month during which the82 |
|---|
| 95 | | - | requirements of this article have been met.83 |
|---|
| 96 | | - | (2) Unless otherwise agreed in writing by the governing authority of the county and a84 |
|---|
| 97 | | - | municipal governing authority, where property zoned and used for commercial purposes85 |
|---|
| 98 | | - | is deannexed from a municipality with an independent school system, the effective date86 |
|---|
| 99 | | - | for the purposes of ad valorem taxes levied for educational purposes shall be87 |
|---|
| 100 | | - | December 31 of the year after the year in which the requirements of this article have been88 |
|---|
| 101 | | - | met.89 23 LC 47 2513S |
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| 102 | | - | S. B. 145 (SUB) |
|---|
| 103 | | - | - 5 - |
|---|
| 104 | | - | (f) Property that has been deannexed from a municipality under this article shall not be90 |
|---|
| 105 | | - | annexed again until at least two calendar years after the effective date of such deannexation91 |
|---|
| 106 | | - | unless such annexation is accomplished by local Act of the General Assembly.92 |
|---|
| 107 | | - | 36-36-132.93 |
|---|
| 108 | | - | There shall be no deannexation under this article that results in the formation of one or94 |
|---|
| 109 | | - | more unincorporated islands or in part of the area remaining in the municipal corporation95 |
|---|
| 110 | | - | no longer being a contiguous area of such municipal corporation.96 |
|---|
| 111 | | - | 36-36-133.97 |
|---|
| 112 | | - | In the event that a municipality has outstanding general obligation bond or revenue bond98 |
|---|
| 113 | | - | indebtedness, property in such municipality is ineligible for deannexation pursuant to this99 |
|---|
| 114 | | - | article.100 |
|---|
| 115 | | - | 36-36-134.101 |
|---|
| 116 | | - | In the event of a deannexation pursuant to this article, a municipality may, but is not102 |
|---|
| 117 | | - | required to, continue to provide any services to the property which it was providing103 |
|---|
| 118 | | - | immediately prior to the deannxation, provided that the county and municipality have104 |
|---|
| 119 | | - | agreed to terms and conditions for the municipality continuing to provide such services."105 |
|---|
| 120 | | - | PART II106 |
|---|
| 121 | | - | SECTION 2-1.107 |
|---|
| 122 | | - | This part shall be known and may be cited as the "Landscape Equipment and Agricultural108 |
|---|
| 123 | | - | Fairness (LEAF) Act."109 23 LC 47 2513S |
|---|
| 124 | | - | S. B. 145 (SUB) |
|---|
| 125 | | - | - 6 - |
|---|
| 126 | | - | SECTION 2-2.110 |
|---|
| 127 | | - | Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general111 |
|---|
| 128 | | - | provisions applicable to counties and municipal corporations, is amended by adding a new112 |
|---|
| 129 | | - | Code section to read as follows:113 |
|---|
| 130 | | - | "36-60-30.114 |
|---|
| 131 | | - | (a) The General Assembly finds that:115 |
|---|
| 132 | | - | (1) Prudent regulation of gasoline-powered leaf blowers is crucial to the welfare of116 |
|---|
| 133 | | - | Georgia's economy;117 |
|---|
| 134 | | - | (2) Urban agriculture, homeowners, and landscape service professionals are sensitive to118 |
|---|
| 135 | | - | the costs and regulation of gasoline-powered leaf blowers; and119 |
|---|
| 136 | | - | (3) If individual political subdivisions of the state regulate gasoline-powered leaf120 |
|---|
| 137 | | - | blowers, there exists the potential for confusing and varying regulations which could lead121 |
|---|
| 138 | | - | to unnecessary increased costs for urban agriculture, homeowners, and landscape service122 |
|---|
| 139 | | - | professionals to comply with such regulations.123 |
|---|
| 140 | | - | (b) As used in this Code section, the term 'gasoline-powered leaf blowers' means any124 |
|---|
| 141 | | - | machine that is powered by a two-stroke or four-stroke engine and uses as fuel gasoline or125 |
|---|
| 142 | | - | a blend of gasoline and oil, used to blow leaves, dirt, or other debris off of sidewalks,126 |
|---|
| 143 | | - | driveways, lawns, or other surfaces.127 |
|---|
| 144 | | - | (c) Any local prohibition or regulation regarding the use, disposition, or sale or any128 |
|---|
| 145 | | - | imposition of any restriction, fee imposition, or taxation at the retail, manufacturer, or129 |
|---|
| 146 | | - | distributor setting shall not create differing standards for or distinguish gasoline-powered130 |
|---|
| 147 | | - | leaf blowers from any other gasoline-powered, electric, or similar such equipment or any131 |
|---|
| 148 | | - | other type of leaf blower. Nothing in this subsection shall apply to the use of132 |
|---|
| 149 | | - | gasoline-powered leaf blowers on property owned by a county or municipality.133 |
|---|
| 150 | | - | (d) Nothing in this Code section shall be construed to prohibit or limit any county or134 |
|---|
| 151 | | - | municipal program to encourage the use of alternative leaf blower equipment, such as135 |
|---|
| 152 | | - | battery powered tools."136 23 LC 47 2513S |
|---|
| 153 | | - | S. B. 145 (SUB) |
|---|
| 154 | | - | - 7 - |
|---|
| 155 | | - | PART III137 |
|---|
| 156 | | - | SECTION 3-1.138 |
|---|
| 157 | | - | Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning139 |
|---|
| 158 | | - | procedures as pertaining to counties and municipal corporations, is amended by revising140 |
|---|
| 159 | | - | subsection (b) of Code Section 36-66-2, relating to legislative purpose and local government141 |
|---|
| 160 | | - | zoning powers, as follows:142 |
|---|
| 161 | | - | "(b) Consistent with the minimum procedures required by this chapter, local governments143 |
|---|
| 162 | | - | may:144 |
|---|
| 163 | | - | (1) Provide by ordinance or resolution for such administrative officers, boards, or145 |
|---|
| 164 | | - | agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning146 |
|---|
| 165 | | - | powers and to establish procedures and notice requirements for hearings before such147 |
|---|
| 166 | | - | quasi-judicial officers, boards, or agencies that are consistent with the minimum148 |
|---|
| 167 | | - | procedures provided for in this chapter to assure due process is afforded the general149 |
|---|
| 168 | | - | public; and150 |
|---|
| 169 | | - | (2) Provide by ordinance or resolution for procedures and requirements in addition to or151 |
|---|
| 170 | | - | supplemental to those required by this chapter and, where so adopted, thereby establish152 |
|---|
| 171 | | - | the minimum procedures for such local government's exercise of zoning powers."153 |
|---|
| 172 | | - | SECTION 3-2.154 |
|---|
| 173 | | - | Said chapter is further amended by revising paragraphs (1.1) and (4) of Code155 |
|---|
| 174 | | - | Section 36-66-3, relating to definitions, as follows:156 |
|---|
| 175 | | - | "(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, a board, or agency157 |
|---|
| 176 | | - | appointed by a local government to exercise delegated, quasi-judicial zoning powers,158 |
|---|
| 177 | | - | including hearing appeals of administrative decisions by such officers, boards, or159 |
|---|
| 178 | | - | agencies and hearing and rendering decisions on applications for variances, special160 |
|---|
| 179 | | - | administrative permits, special exceptions, conditional use permits, or other similar161 23 LC 47 2513S |
|---|
| 180 | | - | S. B. 145 (SUB) |
|---|
| 181 | | - | - 8 - |
|---|
| 182 | | - | permits not enumerated herein as a zoning decision, pursuant to standards for the exercise162 |
|---|
| 183 | | - | of such quasi-judicial authority adopted by a local government."163 |
|---|
| 184 | | - | "(4) 'Zoning decision' means final legislative action by a local government which results164 |
|---|
| 185 | | - | in:165 |
|---|
| 186 | | - | (A) The adoption or repeal of a zoning ordinance;166 |
|---|
| 187 | | - | (B) The adoption of an amendment to a zoning ordinance which changes the text of the167 |
|---|
| 188 | | - | zoning ordinance;168 |
|---|
| 189 | | - | (C) The adoption or denial of an amendment to a zoning ordinance to rezone property169 |
|---|
| 190 | | - | from one zoning classification to another;170 |
|---|
| 191 | | - | (D) The adoption or denial of an amendment to a zoning ordinance by a municipal171 |
|---|
| 192 | | - | local government to zone property to be annexed into the municipality;172 |
|---|
| 193 | | - | (E) The grant or denial of a permit relating to a special use or a conditional use of173 |
|---|
| 194 | | - | property; or174 |
|---|
| 195 | | - | (F) The grant or denial of a variance or conditions concurrent and in conjunction with175 |
|---|
| 196 | | - | a decision pursuant to subparagraphs (C) or (E) of this paragraph."176 |
|---|
| 197 | | - | SECTION 3-3.177 |
|---|
| 198 | | - | Said chapter is further amended by revising subsection (g) of Code Section 36-66-4, relating178 |
|---|
| 199 | | - | to hearings on proposed zoning decisions, notice of hearing, nongovernmental initiated179 |
|---|
| 200 | | - | actions, reconsideration of defeated actions, and procedure on zoning, as follows:180 |
|---|
| 201 | | - | "(g) A local government delegating decision-making power to a quasi-judicial officer,181 |
|---|
| 202 | | - | board, or agency shall provide for a hearing on each proposed action described in182 |
|---|
| 203 | | - | paragraph (1.1) of Code Section 36-66-3. Notice of such hearing shall be provided at183 |
|---|
| 204 | | - | least 30 days prior to the quasi-judicial hearing, with such notice being made as provided184 |
|---|
| 205 | | - | for in subsection (a) of this Code section and with additional notice being mailed to the185 |
|---|
| 206 | | - | owner of the property that is the subject of the proposed action."186 23 LC 47 2513S |
|---|
| 207 | | - | S. B. 145 (SUB) |
|---|
| 208 | | - | - 9 - |
|---|
| 209 | | - | SECTION 3-4.187 |
|---|
| 210 | | - | Said chapter is further amended by revising subsection (b.1) of Code Section 36-66-5,188 |
|---|
| 211 | | - | relating to adoption of hearing policies and procedures and standards for exercise of zoning189 |
|---|
| 212 | | - | power, as follows:190 |
|---|
| 213 | | - | "(b.1) In addition to policies and procedures required by subsection (a) of this Code191 |
|---|
| 214 | | - | section, each local government providing for a quasi-judicial officer's, board's, or agency's192 |
|---|
| 215 | | - | grant, denial, or review of a quasi-judicial matter may adopt specific standards and criteria193 |
|---|
| 216 | | - | governing the exercise of such quasi-judicial decision-making authority, and such standards194 |
|---|
| 217 | | - | shall include the factors by which the local government directs the evaluation of a195 |
|---|
| 218 | | - | quasi-judicial matter. Such standards shall be printed and copies thereof made available196 |
|---|
| 219 | | - | for distribution to the general public."197 |
|---|
| 220 | | - | SECTION 3-5.198 |
|---|
| 221 | | - | Said chapter is further amended by revising subsection (d) of Code Section 36-66-5.1,199 |
|---|
| 222 | | - | relating to judicial review and procedures, as follows:200 |
|---|
| 223 | | - | "(d) An appeal or challenge by an opponent filed pursuant to this chapter shall stay all201 |
|---|
| 224 | | - | legal proceedings in furtherance of the action appealed from or challenged, unless the local202 |
|---|
| 225 | | - | government, officer, board, or agency from which or from whom the appeal or challenge203 |
|---|
| 226 | | - | is taken certifies that, by reason of the facts stated in the certificate, a stay would cause204 |
|---|
| 227 | | - | imminent peril to life or property. In such actions, the applicant for the zoning decision or205 |
|---|
| 228 | | - | the quasi-judicial decision shall be a necessary party and shall be named as a defendant in206 |
|---|
| 229 | | - | the action and served in accordance with the requirements of Title 5 or Title 9, as207 |
|---|
| 230 | | - | appropriate."208 23 LC 47 2513S |
|---|
| 231 | | - | S. B. 145 (SUB) |
|---|
| 232 | | - | - 10 - |
|---|
| 233 | | - | PART IV209 |
|---|
| 234 | | - | SECTION 4.1.210 |
|---|
| 235 | | - | Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended211 |
|---|
| 236 | | - | by adding a new chapter to read as follows:212 |
|---|
| 237 | | - | "CHAPTER 77213 |
|---|
| 238 | | - | ARTICLE 1214 |
|---|
| 239 | | - | 36-77-1.215 |
|---|
| 240 | | - | As used in this chapter, the term:216 |
|---|
| 241 | | - | (1) 'Assessment' means a special assessment imposed by a participating local217 |
|---|
| 242 | | - | government pursuant to Article 3 of this chapter.218 |
|---|
| 243 | | - | (2) 'Assessment agreement' means an agreement between an authority and a qualifying219 |
|---|
| 244 | | - | property owner, in which, among other things, the authority agrees to pay the costs of220 |
|---|
| 245 | | - | qualifying improvements and the qualifying property owner voluntarily requests221 |
|---|
| 246 | | - | assessments to be imposed by the participating local government on the qualifying222 |
|---|
| 247 | | - | property.223 |
|---|
| 248 | | - | (3) 'Assessment financing' means the financing or refinancing of qualifying224 |
|---|
| 249 | | - | improvements.225 |
|---|
| 250 | | - | (4) 'Authority' means each public corporation created pursuant to Article 2 of this226 |
|---|
| 251 | | - | chapter.227 |
|---|
| 252 | | - | (5) 'Capital provider' means a private entity or its designee, successor, or assign that228 |
|---|
| 253 | | - | purchases an obligation of an authority pursuant to Article 2 of this chapter.229 |
|---|
| 254 | | - | (6) 'Cost of the qualifying improvements' or 'cost of any qualifying improvement' means230 |
|---|
| 255 | | - | and includes:231 23 LC 47 2513S |
|---|
| 256 | | - | S. B. 145 (SUB) |
|---|
| 257 | | - | - 11 - |
|---|
| 258 | | - | (A) All costs of acquisition (by purchase or otherwise), construction, assembly,232 |
|---|
| 259 | | - | installation, modification, renovation, or rehabilitation incurred in connection with any233 |
|---|
| 260 | | - | qualifying improvement or any part of any qualifying improvement;234 |
|---|
| 261 | | - | (B) All costs of real property, fixtures, or materials used in or in connection with or235 |
|---|
| 262 | | - | necessary for any qualifying improvement or for any facilities related thereto,236 |
|---|
| 263 | | - | including, but not limited to, the cost of all easements, rights, improvements, water237 |
|---|
| 264 | | - | rights, connections for utility services, fees, franchises, permits, approvals, licenses, and238 |
|---|
| 265 | | - | certificates; the cost of securing any such franchises, permits, approvals, licenses, or239 |
|---|
| 266 | | - | certificates; and the cost of preparation of any application therefor and the cost of all240 |
|---|
| 267 | | - | labor and materials used in or in connection with or necessary for any qualifying241 |
|---|
| 268 | | - | improvement;242 |
|---|
| 269 | | - | (C) All financing charges and loan fees and all interest on revenue bonds, notes, or243 |
|---|
| 270 | | - | other obligations of an authority that accrues or is paid prior to and during the period244 |
|---|
| 271 | | - | of construction of a qualifying improvement and during such additional period as the245 |
|---|
| 272 | | - | authority may reasonably determine to be necessary to place such qualifying246 |
|---|
| 273 | | - | improvement in operation;247 |
|---|
| 274 | | - | (D) All costs of engineering, architectural, and legal services and all expenses incurred248 |
|---|
| 275 | | - | by engineers, architects, and attorneys in connection with any qualifying improvement;249 |
|---|
| 276 | | - | (E) All expenses for inspection and any third party review or verification fees;250 |
|---|
| 277 | | - | (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust251 |
|---|
| 278 | | - | agreement, indenture of trust, or similar instrument or agreement; all expenses incurred252 |
|---|
| 279 | | - | by any such fiscal agents, paying agents, and trustees; and all other costs and expenses253 |
|---|
| 280 | | - | incurred relative to the issuance of any revenue bonds, notes, or other obligations for254 |
|---|
| 281 | | - | any qualifying improvement, including capital provider's fees;255 |
|---|
| 282 | | - | (G) All fees of any type charged by an authority in connection with any qualifying256 |
|---|
| 283 | | - | improvement;257 23 LC 47 2513S |
|---|
| 284 | | - | S. B. 145 (SUB) |
|---|
| 285 | | - | - 12 - |
|---|
| 286 | | - | (H) All expenses necessary or incidental to determining the feasibility or practicability258 |
|---|
| 287 | | - | of any qualifying improvement;259 |
|---|
| 288 | | - | (I) All costs of plans and specifications for any qualifying improvement;260 |
|---|
| 289 | | - | (J) Repayment of any loans made for the advance payment of any part of any of the261 |
|---|
| 290 | | - | foregoing costs, including interest thereon and any other expenses of such loans;262 |
|---|
| 291 | | - | (K) Administrative expenses of the authority and such other expenses as may be263 |
|---|
| 292 | | - | necessary or incidental to any qualifying improvement or the financing thereof or the264 |
|---|
| 293 | | - | placing of any qualifying improvement in operation; and265 |
|---|
| 294 | | - | (L) The establishment of a fund or funds for the creation of a debt service reserve, a266 |
|---|
| 295 | | - | renewal and replacement reserve, or such other funds or reserves, including for ad267 |
|---|
| 296 | | - | valorem taxes and insurance, as the authority may approve with respect to the financing268 |
|---|
| 297 | | - | and operation of any qualifying improvement and as may be authorized by any bond269 |
|---|
| 298 | | - | resolution, trust agreement, indenture of trust, or similar instrument or agreement270 |
|---|
| 299 | | - | pursuant to the provisions of which the issuance of any revenue bonds, notes, or other271 |
|---|
| 300 | | - | obligations of the authority may be authorized.272 |
|---|
| 301 | | - | Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part273 |
|---|
| 302 | | - | of the cost of the qualifying improvement and may be paid or reimbursed as such out of274 |
|---|
| 303 | | - | proceeds of revenue bonds, notes, or other obligations issued by the authority.275 |
|---|
| 304 | | - | (7) 'County' means any county of this state or a governmental entity formed by the276 |
|---|
| 305 | | - | consolidation of a county and one or more municipal corporations.277 |
|---|
| 306 | | - | (8) 'Financing application' means an application submitted to an authority or program278 |
|---|
| 307 | | - | administrator to demonstrate that the proposed improvements qualify for financing279 |
|---|
| 308 | | - | pursuant to a program.280 |
|---|
| 309 | | - | (9) 'Governing body' means the elected or duly appointed officials constituting the281 |
|---|
| 310 | | - | governing body of each municipal corporation and county in this state.282 |
|---|
| 311 | | - | (10) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX,283 |
|---|
| 312 | | - | Section III, Paragraph I of the Constitution of Georgia between a county or a municipal284 23 LC 47 2513S |
|---|
| 313 | | - | S. B. 145 (SUB) |
|---|
| 314 | | - | - 13 - |
|---|
| 315 | | - | corporation, as party of the first part, and an authority, as party of the second part,285 |
|---|
| 316 | | - | pursuant to which the county or municipal corporation agrees to make payments to the286 |
|---|
| 317 | | - | authority, the sole source of which shall be assessments, to furnish financial assistance287 |
|---|
| 318 | | - | to aid in the planning, undertaking, or carrying out of a qualifying improvement.288 |
|---|
| 319 | | - | (11) 'Municipal corporation' means each city and town in this state.289 |
|---|
| 320 | | - | (12) 'Participating local government' means a municipal corporation or a county that290 |
|---|
| 321 | | - | enters into an intergovernmental agreement with an authority.291 |
|---|
| 322 | | - | (13) 'Program' means a commercial property assessed conservation, energy, and292 |
|---|
| 323 | | - | resiliency program established by an authority.293 |
|---|
| 324 | | - | (14) 'Program administrator' means any official or agency designated by an authority to294 |
|---|
| 325 | | - | administer a program or a private and independent third party designated by an authority295 |
|---|
| 326 | | - | to administer a program, provided that the administration procedures used conform to the296 |
|---|
| 327 | | - | requirements of Article 2 of this chapter.297 |
|---|
| 328 | | - | (15) 'Program guidebook' means a comprehensive document that establishes appropriate298 |
|---|
| 329 | | - | guidelines, specifications, approval criteria, and other standard forms consistent with299 |
|---|
| 330 | | - | administering a program and not detailed in Article 2 of this chapter, including forms for300 |
|---|
| 331 | | - | an assessment agreement, notice of assessment, and financing application.301 |
|---|
| 332 | | - | (16) 'Qualifying improvement' means a permanently affixed energy efficiency302 |
|---|
| 333 | | - | improvement, renewable energy improvement, water conservation improvement, or303 |
|---|
| 334 | | - | resiliency improvement installed on qualifying property as part of the construction or304 |
|---|
| 335 | | - | renovation of the qualifying property.305 |
|---|
| 336 | | - | (17) 'Qualifying property' means privately owned or leased commercial, industrial, or306 |
|---|
| 337 | | - | agricultural real property or multifamily residential real property with five or more307 |
|---|
| 338 | | - | dwelling units.308 |
|---|
| 339 | | - | (18) 'Resiliency improvement' means any improvement to qualifying property intended309 |
|---|
| 340 | | - | to increase resilience and improve durability of such property, including, but not limited310 23 LC 47 2513S |
|---|
| 341 | | - | S. B. 145 (SUB) |
|---|
| 342 | | - | - 14 - |
|---|
| 343 | | - | to, seismic retrofits, flood mitigation, fire suppression, wind resistance, energy storage,311 |
|---|
| 344 | | - | microgrids, and backup power generation.312 |
|---|
| 345 | | - | ARTICLE 2313 |
|---|
| 346 | | - | 36-77-2.314 |
|---|
| 347 | | - | This article shall be known and may be referred to as the 'Commercial Property Assessed315 |
|---|
| 348 | | - | Conservation, Energy, and Resiliency Development Authorities Law.'316 |
|---|
| 349 | | - | 36-77-3.317 |
|---|
| 350 | | - | The General Assembly finds that the construction and renovation of commercial buildings318 |
|---|
| 351 | | - | in a manner that reduces energy and water consumption, produces on-site clean sources of319 |
|---|
| 352 | | - | energy, and improves resiliency promotes trade, commerce, industry, and employment320 |
|---|
| 353 | | - | opportunities in the State of Georgia by reducing operating costs for business enterprises321 |
|---|
| 354 | | - | and promoting the long-term competitiveness of the economy of the State for Georgia.322 |
|---|
| 355 | | - | Because implementing such improvements requires high up-front capital costs with the323 |
|---|
| 356 | | - | resulting benefits achieved only over time, such improvements often cannot be financed324 |
|---|
| 357 | | - | on reasonable terms and are therefore not economically feasible for property owners. It is325 |
|---|
| 358 | | - | therefore in the public interest and vital to the public welfare of the people of the State of326 |
|---|
| 359 | | - | Georgia, and it is declared to be the purpose of this article, to create commercial property327 |
|---|
| 360 | | - | assessed conservation, energy, and resiliency development authorities to facilitate free and328 |
|---|
| 361 | | - | willing owners of agricultural, commercial, and industrial properties and of multifamily329 |
|---|
| 362 | | - | residential properties with five or more dwelling units to obtain low-cost, long-term330 |
|---|
| 363 | | - | financing for qualifying improvements, including energy efficiency, water conservation,331 |
|---|
| 364 | | - | renewable energy, and resiliency improvements.332 23 LC 47 2513S |
|---|
| 365 | | - | S. B. 145 (SUB) |
|---|
| 366 | | - | - 15 - |
|---|
| 367 | | - | 36-77-4.333 |
|---|
| 368 | | - | This article is enacted pursuant to authority granted to the General Assembly by the334 |
|---|
| 369 | | - | Constitution of Georgia. Each authority created pursuant to this article is created for335 |
|---|
| 370 | | - | nonprofit and public purposes, and it is found, determined, and declared that the creation336 |
|---|
| 371 | | - | of each authority and the carrying out of its corporate purposes is in all respects for the337 |
|---|
| 372 | | - | benefit of the people of this state and that each authority is an institution of purely public338 |
|---|
| 373 | | - | charity and will be performing an essential governmental function in the exercise of the339 |
|---|
| 374 | | - | power conferred upon it by this article. For such reasons, the state covenants with the340 |
|---|
| 375 | | - | holders from time to time of the revenue bonds, notes, and other obligations issued under341 |
|---|
| 376 | | - | this article that no such authority shall be required to pay any taxes or assessments imposed342 |
|---|
| 377 | | - | by this state or any of its counties, municipal corporations, political subdivisions, or taxing343 |
|---|
| 378 | | - | districts upon any property acquired by the authority or under its jurisdiction, control,344 |
|---|
| 379 | | - | possession, or supervision or upon its activities or on any income derived by the authority345 |
|---|
| 380 | | - | in any form and that the revenue bonds, notes, and other obligations of each such authority,346 |
|---|
| 381 | | - | their transfer, and the income therefrom shall at all times be exempt from taxation within347 |
|---|
| 382 | | - | this state. The tax exemption provided in this Code section shall not include any348 |
|---|
| 383 | | - | exemption from sales and use tax on property purchased by an authority or for use by an349 |
|---|
| 384 | | - | authority.350 |
|---|
| 385 | | - | 36-77-5.351 |
|---|
| 386 | | - | (a) There is created in and for each county and municipal corporation in this state a public352 |
|---|
| 387 | | - | body corporate and politic, to be known as the 'commercial property assessed conservation,353 |
|---|
| 388 | | - | energy, and resiliency development authority' of such county or municipal corporation. No354 |
|---|
| 389 | | - | authority shall transact any business or exercise any powers under this article until the355 |
|---|
| 390 | | - | governing body of the county or municipal corporation, by proper ordinance or resolution,356 |
|---|
| 391 | | - | declares that there is a need for an authority to function in the county or municipal357 |
|---|
| 392 | | - | corporation.358 23 LC 47 2513S |
|---|
| 393 | | - | S. B. 145 (SUB) |
|---|
| 394 | | - | - 16 - |
|---|
| 395 | | - | (b) Any number of counties and municipal corporations, whether or not located in the359 |
|---|
| 396 | | - | same county or within a county participating in the formation of a joint authority, may360 |
|---|
| 397 | | - | jointly form an authority, to be known as the 'joint commercial property assessed361 |
|---|
| 398 | | - | conservation, energy, and resiliency development authority' for such counties and362 |
|---|
| 399 | | - | municipal corporations. No authority shall transact any business or exercise any powers363 |
|---|
| 400 | | - | under this article until the governing authorities of the units of local government involved364 |
|---|
| 401 | | - | declare, by ordinance or resolution, that there is a need for an authority to function and365 |
|---|
| 402 | | - | until the governing authorities authorize the chief elected official of the unit of local366 |
|---|
| 403 | | - | government to enter into an agreement with the other units of local government for the367 |
|---|
| 404 | | - | activation of an authority and such agreement is executed.368 |
|---|
| 405 | | - | (c) A copy of such ordinances, resolutions, and agreements shall be filed with the369 |
|---|
| 406 | | - | Secretary of State, who shall maintain a record of all authorities activated under this article.370 |
|---|
| 407 | | - | 36-77-6.371 |
|---|
| 408 | | - | (a) Except as provided in this Code section, control and management of each authority372 |
|---|
| 409 | | - | shall be vested in a board of five directors who shall be residents of the county or municipal373 |
|---|
| 410 | | - | corporation and shall serve at the pleasure of the governing body of the county or374 |
|---|
| 411 | | - | municipal corporation. Directors shall be appointed, and may be reappointed, by the375 |
|---|
| 412 | | - | governing body of the county or municipal corporation for terms of four years. In the case376 |
|---|
| 413 | | - | of a joint commercial property assessed conservation, energy, and resiliency development377 |
|---|
| 414 | | - | authority, each unit of local government participating in the authority shall appoint two378 |
|---|
| 415 | | - | members, with an additional member to be appointed by the directors themselves. The379 |
|---|
| 416 | | - | directors shall elect one of their members as chairperson and another as vice chairperson380 |
|---|
| 417 | | - | and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may381 |
|---|
| 418 | | - | be, but need not be, a director. The directors shall receive no compensation for their382 |
|---|
| 419 | | - | services but shall be reimbursed for their actual expenses incurred in the performance of383 |
|---|
| 420 | | - | their duties. The directors may make bylaws and regulations for the governing of the384 23 LC 47 2513S |
|---|
| 421 | | - | S. B. 145 (SUB) |
|---|
| 422 | | - | - 17 - |
|---|
| 423 | | - | authority and may delegate to one or more of the officers, agents, and employees of the385 |
|---|
| 424 | | - | authority such powers and duties as may be deemed necessary and proper.386 |
|---|
| 425 | | - | (b) Directors or members appointed by the county or municipal corporation to any other387 |
|---|
| 426 | | - | authority and elected or appointed officials of the county or municipal corporation may388 |
|---|
| 427 | | - | serve as directors of the authority.389 |
|---|
| 428 | | - | 36-77-7.390 |
|---|
| 429 | | - | A majority of the directors shall constitute a quorum for the transaction of business of an391 |
|---|
| 430 | | - | authority; provided, however, that any action with respect to any assessment financing by392 |
|---|
| 431 | | - | an authority shall be approved by the affirmative vote of not less than a majority of the393 |
|---|
| 432 | | - | directors.394 |
|---|
| 433 | | - | 36-77-8.395 |
|---|
| 434 | | - | (a) Each authority shall have all of the powers necessary or convenient to carry out and396 |
|---|
| 435 | | - | effectuate the purposes and provisions of this article, including, but without limiting the397 |
|---|
| 436 | | - | generality of the foregoing, the power:398 |
|---|
| 437 | | - | (1) To bring and defend actions;399 |
|---|
| 438 | | - | (2) To adopt and amend a corporate seal;400 |
|---|
| 439 | | - | (3) To make and execute contracts, agreements, and other instruments necessary or401 |
|---|
| 440 | | - | convenient to exercise the powers of the authority or to further the public purpose for402 |
|---|
| 441 | | - | which the authority is created, including, but not limited to, intergovernmental403 |
|---|
| 442 | | - | agreements, assessment agreements, and agreements for grants or loans to finance or404 |
|---|
| 443 | | - | refinance qualifying improvements;405 |
|---|
| 444 | | - | (4) To finance by loan, grant, or otherwise, including through assessment agreements,406 |
|---|
| 445 | | - | and refinance qualifying improvements and to pay the cost of any qualifying407 |
|---|
| 446 | | - | improvement from the proceeds of revenue bonds, notes, or other obligations of the408 |
|---|
| 447 | | - | authority or any other funds of the authority, or from any contributions or loans by409 23 LC 47 2513S |
|---|
| 448 | | - | S. B. 145 (SUB) |
|---|
| 449 | | - | - 18 - |
|---|
| 450 | | - | persons, corporations, partnerships, whether limited or general, or other entities, all of410 |
|---|
| 451 | | - | which the authority is authorized to receive, accept, and use;411 |
|---|
| 452 | | - | (5) To borrow money to further or carry out its public purpose and to execute revenue412 |
|---|
| 453 | | - | bonds, notes, or other obligations; trust indentures; trust agreements; agreements for the413 |
|---|
| 454 | | - | sale of its revenue bonds, notes, or other obligations; loan agreements; security414 |
|---|
| 455 | | - | agreements; assignments; and such other agreements or instruments as may be necessary415 |
|---|
| 456 | | - | or desirable, in the judgment of the authority, to evidence and to provide security for such416 |
|---|
| 457 | | - | borrowing;417 |
|---|
| 458 | | - | (6) To issue revenue bonds, notes, or other obligations of the authority and use the418 |
|---|
| 459 | | - | proceeds thereof for the purpose of paying, or loaning or granting the proceeds thereof419 |
|---|
| 460 | | - | to pay, all or any part of the cost of any qualifying improvement and otherwise to further420 |
|---|
| 461 | | - | or carry out the public purpose of the authority and to pay all costs of the authority421 |
|---|
| 462 | | - | incidental to, or necessary and appropriate to, furthering or carrying out such purpose;422 |
|---|
| 463 | | - | (7) To make application directly or indirectly to any federal, state, county, or municipal423 |
|---|
| 464 | | - | government or agency or to any other source, whether public or private, for loans, grants,424 |
|---|
| 465 | | - | guarantees, or other financial assistance in furtherance of the authority's public purpose425 |
|---|
| 466 | | - | and to accept and use the same upon such terms and conditions as are prescribed by such426 |
|---|
| 467 | | - | federal, state, county, or municipal government or agency or other source;427 |
|---|
| 468 | | - | (8) To extend credit or make loans or grants to any person, corporation, partnership,428 |
|---|
| 469 | | - | whether limited or general, or other entity for the costs of any qualifying improvement429 |
|---|
| 470 | | - | or any part of the costs of any qualifying improvement, which credit, loans, or grants may430 |
|---|
| 471 | | - | be evidenced or secured by loan agreements, grant agreements, assessment agreements,431 |
|---|
| 472 | | - | notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or432 |
|---|
| 473 | | - | such other instruments, or by assessments, revenues, fees, or charges, upon such terms433 |
|---|
| 474 | | - | and conditions as the authority shall determine to be reasonable in connection with such434 |
|---|
| 475 | | - | extension of credit, loans, or grants, including provision for the establishment and435 |
|---|
| 476 | | - | maintenance of reserve funds; and, in the exercise of powers granted by this article in436 23 LC 47 2513S |
|---|
| 477 | | - | S. B. 145 (SUB) |
|---|
| 478 | | - | - 19 - |
|---|
| 479 | | - | connection with any qualifying improvement, the authority shall have the right and power437 |
|---|
| 480 | | - | to require the inclusion in any such loan agreement, grant agreement, assessment438 |
|---|
| 481 | | - | agreement, note, mortgage, deed to secure debt, trust deed, security agreement,439 |
|---|
| 482 | | - | assignment, or other instrument of such provisions or requirements for guaranty of any440 |
|---|
| 483 | | - | obligations, insurance, construction, use, operation, maintenance, and financing of a441 |
|---|
| 484 | | - | qualifying improvement, and such other terms and conditions as the authority may deem442 |
|---|
| 485 | | - | necessary or desirable;443 |
|---|
| 486 | | - | (9) As security for repayment of any revenue bonds, notes, or other obligations of the444 |
|---|
| 487 | | - | authority, to pledge, convey, assign, hypothecate, or otherwise encumber any property445 |
|---|
| 488 | | - | of the authority, including, but not limited to, contract rights under intergovernmental446 |
|---|
| 489 | | - | agreements and revenues or other funds, and to execute any trust indenture; trust447 |
|---|
| 490 | | - | agreement; agreement for the sale of the authority's revenue bonds, notes, or other448 |
|---|
| 491 | | - | obligations; loan agreement; security agreement; assignment; or other agreement or449 |
|---|
| 492 | | - | instrument as may be necessary or desirable, in the judgment of the authority, to secure450 |
|---|
| 493 | | - | any such revenue bonds, notes, or the obligations, which instruments or agreements may451 |
|---|
| 494 | | - | provide for foreclosure or forced sale of any property of the authority upon default in any452 |
|---|
| 495 | | - | obligation of the authority, either in payment of principal, premium, if any, or interest or453 |
|---|
| 496 | | - | in the performance of any term or condition contained in any such agreement or454 |
|---|
| 497 | | - | instrument. The State of Georgia, on behalf of itself and each county, municipal455 |
|---|
| 498 | | - | corporation, political subdivision, or taxing district therein, waives any right it or such456 |
|---|
| 499 | | - | county, municipal corporation, political subdivision, or taxing district may have to457 |
|---|
| 500 | | - | prevent the forced sale or foreclosure of any property of the authority upon such default458 |
|---|
| 501 | | - | and agrees that any agreement or instrument encumbering such property may be459 |
|---|
| 502 | | - | foreclosed in accordance with law and the terms thereof;460 |
|---|
| 503 | | - | (10) To receive and use the proceeds of any assessment imposed by a municipal461 |
|---|
| 504 | | - | corporation or a county to pay the costs of any qualifying improvement or for any other462 |
|---|
| 505 | | - | purpose for which the authority may use its own funds pursuant to this article, including463 23 LC 47 2513S |
|---|
| 506 | | - | S. B. 145 (SUB) |
|---|
| 507 | | - | - 20 - |
|---|
| 508 | | - | the payment of principal of, premium, if any, and interest on revenue bonds, notes, or464 |
|---|
| 509 | | - | other obligations of the authority;465 |
|---|
| 510 | | - | (11) To receive and administer gifts, grants, and devises or money and property of any466 |
|---|
| 511 | | - | kind and to administer trusts;467 |
|---|
| 512 | | - | (12) To acquire, by purchase, lease, or otherwise, and use any real property, personal468 |
|---|
| 513 | | - | property, or fixtures or any interest therein or to rent or lease such property to or from469 |
|---|
| 514 | | - | others or make contracts with respect to the use thereof, or to sell, lease, exchange,470 |
|---|
| 515 | | - | transfer, assign, pledge, or otherwise dispose of or grant options for any such property in471 |
|---|
| 516 | | - | any manner as it deems to the best advantage of the authority and the public purpose472 |
|---|
| 517 | | - | thereof;473 |
|---|
| 518 | | - | (13) To acquire, accept, or retain equitable interests, security interests, or other interests474 |
|---|
| 519 | | - | in any real property, personal property, or fixtures by loan agreement, note, mortgage,475 |
|---|
| 520 | | - | deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance,476 |
|---|
| 521 | | - | contract, lien, or other consensual transfer in order to secure the repayment of any477 |
|---|
| 522 | | - | moneys loaned or credit extended by the authority;478 |
|---|
| 523 | | - | (14) To establish and administer programs;479 |
|---|
| 524 | | - | (15) To appoint, select, and employ program administrators, accountants, fiscal agents,480 |
|---|
| 525 | | - | attorneys, and others and to fix their compensation and pay their expenses;481 |
|---|
| 526 | | - | (16) To adopt bylaws governing the conduct of business by the authority, the election482 |
|---|
| 527 | | - | and duties of officers of the authority, and other matters that the authority determines to483 |
|---|
| 528 | | - | address in its bylaws;484 |
|---|
| 529 | | - | (17) To exercise any power granted by the laws of this state to public or private485 |
|---|
| 530 | | - | corporations that is not in conflict with the public purpose of the authority; and486 |
|---|
| 531 | | - | (18) To do all things necessary or convenient to carry out the powers conferred by this487 |
|---|
| 532 | | - | article.488 |
|---|
| 533 | | - | (b) The powers enumerated in each paragraph of subsection (a) of this Code section are489 |
|---|
| 534 | | - | cumulative of and in addition to those powers enumerated elsewhere in this article, and no490 23 LC 47 2513S |
|---|
| 535 | | - | S. B. 145 (SUB) |
|---|
| 536 | | - | - 21 - |
|---|
| 537 | | - | such power limits or restricts any other power of the authority except that, notwithstanding491 |
|---|
| 538 | | - | any other provision of this article, no authority described in this article shall be granted the492 |
|---|
| 539 | | - | power of eminent domain.493 |
|---|
| 540 | | - | (c) When an authority exercises its grant powers given by subsection (a) of this Code494 |
|---|
| 541 | | - | section, in determining compliance with Article III, Section VI, Paragraph VI(a) of the495 |
|---|
| 542 | | - | Constitution of Georgia, the authority may take into consideration the assessments to be496 |
|---|
| 543 | | - | paid by the grant recipient, as well as the substantiality of the public purpose to be achieved497 |
|---|
| 544 | | - | by the grant.498 |
|---|
| 545 | | - | 36-77-9.499 |
|---|
| 546 | | - | (a) Revenue bonds, notes, or other obligations issued by an authority shall be paid solely500 |
|---|
| 547 | | - | from the property, including, but not limited to, contract rights, revenues, or other funds,501 |
|---|
| 548 | | - | pledged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay502 |
|---|
| 549 | | - | such bonds, notes, or other obligations.503 |
|---|
| 550 | | - | (b) All revenue bonds, notes, and other obligations shall be authorized by resolution of the504 |
|---|
| 551 | | - | authority, adopted by a majority vote of the directors of the authority at a regular or special505 |
|---|
| 552 | | - | meeting.506 |
|---|
| 553 | | - | (c) Revenue bonds, notes, or other obligations shall bear such date or dates; shall mature507 |
|---|
| 554 | | - | at such time or times, not more than 40 years from their respective dates; shall bear interest508 |
|---|
| 555 | | - | at such rate or rates, which may be fixed or may fluctuate or otherwise change from time509 |
|---|
| 556 | | - | to time; shall be subject to redemption on such terms; and shall contain such other terms,510 |
|---|
| 557 | | - | provisions, covenants, assignments, and conditions as the resolution authorizing the511 |
|---|
| 558 | | - | issuance of such bonds, notes, or other obligations may permit or provide. The terms,512 |
|---|
| 559 | | - | provisions, covenants, assignments, and conditions contained in or provided or permitted513 |
|---|
| 560 | | - | by any resolution of the authority authorizing the issuance of such revenue bonds, notes,514 |
|---|
| 561 | | - | or other obligations shall bind the directors of the authority then in office and their515 |
|---|
| 562 | | - | successors.516 23 LC 47 2513S |
|---|
| 563 | | - | S. B. 145 (SUB) |
|---|
| 564 | | - | - 22 - |
|---|
| 565 | | - | (d) The authority shall have the power from time to time and whenever it deems it517 |
|---|
| 566 | | - | expedient to refund any revenue bonds, notes, or other obligations by the issuance of new518 |
|---|
| 567 | | - | revenue bonds, notes, or other obligations, whether or not the revenue bonds, notes, or519 |
|---|
| 568 | | - | other obligations to be refunded have matured, and may issue revenue bonds, notes, or520 |
|---|
| 569 | | - | other obligations partly to refund revenue bonds, notes, or other obligations then521 |
|---|
| 570 | | - | outstanding and partly for any other purpose permitted under this article. The refunding522 |
|---|
| 571 | | - | revenue bonds, notes, or other obligations may be exchanged for the revenue bonds, notes,523 |
|---|
| 572 | | - | or other obligations to be refunded, with such cash adjustments as may be agreed upon, or524 |
|---|
| 573 | | - | may be sold and the proceeds applied to the purchase or redemption of the revenue bonds,525 |
|---|
| 574 | | - | notes, or other obligations to be refunded.526 |
|---|
| 575 | | - | (e) There shall be no limitation upon the amount of revenue bonds, notes, or other527 |
|---|
| 576 | | - | obligations that an authority may issue. Any limitations with respect to interest rates or any528 |
|---|
| 577 | | - | maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the "Revenue529 |
|---|
| 578 | | - | Bond Law," the usury laws of this state, or any other laws of this state shall not apply to530 |
|---|
| 579 | | - | revenue bonds, notes, or other obligations of an authority.531 |
|---|
| 580 | | - | 36-77-10.532 |
|---|
| 581 | | - | (a) All revenue bonds issued by an authority under this article shall be issued and validated533 |
|---|
| 582 | | - | under and in accordance with Article 3 of Chapter 82 of this title, the "Revenue Bond534 |
|---|
| 583 | | - | Law," except as provided in this article, provided that notes and other obligations of an535 |
|---|
| 584 | | - | authority may, but shall not be required to, be so validated.536 |
|---|
| 585 | | - | (b) Bonds issued by an authority may be in such form, either coupon or fully registered,537 |
|---|
| 586 | | - | or both coupon and fully registered, and may be subject to such exchangeability and538 |
|---|
| 587 | | - | transferability provisions, as the bond resolution authorizing the issuance of such bonds or539 |
|---|
| 588 | | - | any indenture or trust agreement may provide.540 |
|---|
| 589 | | - | (c) Bonds shall bear a certificate of validation. The signature of the clerk of the superior541 |
|---|
| 590 | | - | court of the county in which the issuing authority is located may be made on the certificate542 23 LC 47 2513S |
|---|
| 591 | | - | S. B. 145 (SUB) |
|---|
| 592 | | - | - 23 - |
|---|
| 593 | | - | of validation of such bonds by facsimile or by manual execution, stating the date on which543 |
|---|
| 594 | | - | such bonds were validated, and such entry shall be original evidence of the fact of544 |
|---|
| 595 | | - | judgment and shall be received as original evidence in any court in this state.545 |
|---|
| 596 | | - | (d) In lieu of specifying the rate or rates of interest that bonds to be issued by an authority546 |
|---|
| 597 | | - | are to bear, the notice to the district attorney or the Attorney General; the notice to the547 |
|---|
| 598 | | - | public of the time, place, and date of the validation hearing; and the petition and complaint548 |
|---|
| 599 | | - | for validation may state that the bonds when issued will bear interest at a rate not exceeding549 |
|---|
| 600 | | - | a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise550 |
|---|
| 601 | | - | change from time to time, specified in such notices and petition and complaint or may state551 |
|---|
| 602 | | - | that, in the event the bonds are to bear different rates of interest for different maturity dates,552 |
|---|
| 603 | | - | none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or553 |
|---|
| 604 | | - | otherwise change from time to time, so specified; provided, however, that nothing in this554 |
|---|
| 605 | | - | Code section shall be construed as prohibiting or restricting the right of an authority to sell555 |
|---|
| 606 | | - | such bonds at a discount, even if in doing so the effective interest cost resulting therefrom556 |
|---|
| 607 | | - | would exceed the maximum per annum interest rate specified in such notices and in the557 |
|---|
| 608 | | - | petition and complaint.558 |
|---|
| 609 | | - | (e) The terms 'cost of the qualifying improvement' and 'cost of any qualifying559 |
|---|
| 610 | | - | improvement' shall have the meaning prescribed in this article whenever those terms are560 |
|---|
| 611 | | - | referred to in bond resolutions of an authority; in bonds, notes, or other obligations of an561 |
|---|
| 612 | | - | authority; or in notices or proceedings to validate such bonds, notes, or other obligations562 |
|---|
| 613 | | - | of an authority.563 |
|---|
| 614 | | - | 36-77-11.564 |
|---|
| 615 | | - | (a) Subject to the limitations and procedures provided by this Code section and by Code565 |
|---|
| 616 | | - | Section 36-77-10, the agreements or instruments executed by an authority may contain566 |
|---|
| 617 | | - | such provisions not inconsistent with law as shall be determined by the board of directors567 |
|---|
| 618 | | - | of the authority.568 23 LC 47 2513S |
|---|
| 619 | | - | S. B. 145 (SUB) |
|---|
| 620 | | - | - 24 - |
|---|
| 621 | | - | (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by569 |
|---|
| 622 | | - | an authority shall be held and used for the ultimate purpose of paying, directly or indirectly570 |
|---|
| 623 | | - | as permitted in this article, all or part of the cost of any qualifying improvement, or for the571 |
|---|
| 624 | | - | purpose of refunding any bonds, notes, or other obligations issued in accordance with this572 |
|---|
| 625 | | - | article.573 |
|---|
| 626 | | - | (c) Issuance by an authority of one or more series of bonds, notes, or other obligations for574 |
|---|
| 627 | | - | one or more purposes shall not preclude it from issuing other bonds, notes, or other575 |
|---|
| 628 | | - | obligations in connection with the same qualifying improvement or with any other576 |
|---|
| 629 | | - | qualifying improvements, but the proceeding wherein any subsequent bonds, notes, or577 |
|---|
| 630 | | - | other obligations are issued shall recognize and protect any prior loan agreement, security578 |
|---|
| 631 | | - | agreement, or other agreement or instrument made for any prior issue of bonds, notes, or579 |
|---|
| 632 | | - | other obligations, unless in the resolution authorizing such prior issue the right is expressly580 |
|---|
| 633 | | - | reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity581 |
|---|
| 634 | | - | with such prior issue.582 |
|---|
| 635 | | - | (d) An authority shall have the power and is authorized, whenever bonds of the authority583 |
|---|
| 636 | | - | shall have been validated as provided in this article, to issue from time to time its bond584 |
|---|
| 637 | | - | anticipation notes in anticipation of such bonds as validated and to renew from time to time585 |
|---|
| 638 | | - | any such bond anticipation notes by the issuance of new bond anticipation notes, whether586 |
|---|
| 639 | | - | or not the bond anticipation notes to be renewed have matured. The authority may issue587 |
|---|
| 640 | | - | such bond anticipation notes only to provide funds that would otherwise be provided by the588 |
|---|
| 641 | | - | issuance of the bonds as validated. Such bond anticipation notes may be authorized, sold,589 |
|---|
| 642 | | - | executed, and delivered in the same manner as bonds. As with its bonds, the authority may590 |
|---|
| 643 | | - | sell such bond anticipation notes at public sale or at private sale. Any resolution or591 |
|---|
| 644 | | - | resolutions authorizing bond anticipation notes of the authority or any issue thereof may592 |
|---|
| 645 | | - | contain any provisions that the authority is authorized to include in any resolution or593 |
|---|
| 646 | | - | resolutions authorizing bonds of the authority or any issue thereof, and the authority may594 |
|---|
| 647 | | - | include in any bond anticipation notes any terms, covenants, or conditions that the authority595 23 LC 47 2513S |
|---|
| 648 | | - | S. B. 145 (SUB) |
|---|
| 649 | | - | - 25 - |
|---|
| 650 | | - | is authorized to include in any bonds. Validation of such bonds shall be a condition596 |
|---|
| 651 | | - | precedent to the issuance of such bond anticipation notes, but it shall not be required that597 |
|---|
| 652 | | - | such bond anticipation notes be judicially validated. Bond anticipation notes shall not be598 |
|---|
| 653 | | - | issued in an amount exceeding the par value of the bonds in anticipation of which they are599 |
|---|
| 654 | | - | to be issued.600 |
|---|
| 655 | | - | 36-77-12.601 |
|---|
| 656 | | - | No bonds, notes, or other obligations of, and no indebtedness incurred by, an authority602 |
|---|
| 657 | | - | shall constitute an indebtedness or obligation of the State of Georgia or of any county,603 |
|---|
| 658 | | - | municipal corporation, or political subdivision thereof, nor shall any act of any authority604 |
|---|
| 659 | | - | in any manner constitute or result in the creation of an indebtedness of this state or of any605 |
|---|
| 660 | | - | county, municipal corporation, or political subdivision thereof. No holder or holders of any606 |
|---|
| 661 | | - | such bonds, notes, or other obligations shall ever have the right to compel any exercise of607 |
|---|
| 662 | | - | the taxing power of this state or of any county, municipal corporation, or political608 |
|---|
| 663 | | - | subdivision thereof, nor to enforce the payment thereof against any property of this state609 |
|---|
| 664 | | - | or of any county, municipal corporation, or political subdivision.610 |
|---|
| 665 | | - | 36-77-13.611 |
|---|
| 666 | | - | (a) A program shall establish a financing application and review process to evaluate such612 |
|---|
| 667 | | - | applications. The program shall prescribe the form and manner of the financing613 |
|---|
| 668 | | - | application. At a minimum:614 |
|---|
| 669 | | - | (1) An applicant shall demonstrate that the qualifying improvement provides a benefit615 |
|---|
| 670 | | - | to the public in the form of energy or water resource conservation or improved resiliency;616 |
|---|
| 671 | | - | (2) For an existing building:617 |
|---|
| 672 | | - | (A) When energy or water efficiency improvements are proposed, an applicant shall618 |
|---|
| 673 | | - | provide:619 23 LC 47 2513S |
|---|
| 674 | | - | S. B. 145 (SUB) |
|---|
| 675 | | - | - 26 - |
|---|
| 676 | | - | (i) An energy or water efficiency analysis by a licensed engineering firm, engineer,620 |
|---|
| 677 | | - | or other qualified professional listed in the program guidebook; and621 |
|---|
| 678 | | - | (ii) A statement by the author of the analysis that the proposed qualifying622 |
|---|
| 679 | | - | improvements will result in more efficient use or conservation of energy or water, the623 |
|---|
| 680 | | - | reduction of greenhouse gas emissions, or the addition of renewable sources of energy624 |
|---|
| 681 | | - | or water; or625 |
|---|
| 682 | | - | (B) When resiliency improvements are proposed, an applicant shall provide626 |
|---|
| 683 | | - | certification by a licensed engineering firm, engineer, or other qualified professional627 |
|---|
| 684 | | - | listed in the program guidebook stating that the proposed qualifying improvements will628 |
|---|
| 685 | | - | result in improved resilience;629 |
|---|
| 686 | | - | (3) For new construction, an applicant shall provide certification by a licensed630 |
|---|
| 687 | | - | engineering firm, engineer, or other qualified professional listed in the program631 |
|---|
| 688 | | - | guidebook stating that the proposed qualifying improvements will enable the qualifying632 |
|---|
| 689 | | - | property to exceed the current building code requirements for:633 |
|---|
| 690 | | - | (A) Energy efficiency;634 |
|---|
| 691 | | - | (B) Water efficiency;635 |
|---|
| 692 | | - | (C) Renewable energy; or636 |
|---|
| 693 | | - | (D) Resilience;637 |
|---|
| 694 | | - | (4) An applicant shall include a certification that the person requesting the proposed638 |
|---|
| 695 | | - | qualifying improvements is the owner of the qualifying property and that there are no639 |
|---|
| 696 | | - | delinquent taxes or assessments on the qualifying property; and640 |
|---|
| 697 | | - | (5) An applicant must demonstrate that the proposed assessment financing meets the641 |
|---|
| 698 | | - | following guidelines and any other guidelines adopted by the authority, which may be in642 |
|---|
| 699 | | - | addition to or more restrictive than the following guidelines:643 |
|---|
| 700 | | - | (A) Unless a higher percentage is agreed to by the holder of a lien, mortgage, or644 |
|---|
| 701 | | - | security deed encumbering the qualifying property in the written consent required by645 |
|---|
| 702 | | - | subsection (b) of this Code section, an applicant must demonstrate that the amount of646 23 LC 47 2513S |
|---|
| 703 | | - | S. B. 145 (SUB) |
|---|
| 704 | | - | - 27 - |
|---|
| 705 | | - | the proposed assessment and all other debt secured by the qualifying property upon647 |
|---|
| 706 | | - | execution of the assessment agreement will not exceed 80 percent of the fair market648 |
|---|
| 707 | | - | value of the qualifying property as determined by a qualified appraiser, whose appraisal649 |
|---|
| 708 | | - | may take into account the expected increase in fair market value of the qualifying650 |
|---|
| 709 | | - | property resulting from the proposed qualifying improvements, as completed or as651 |
|---|
| 710 | | - | stabilized;652 |
|---|
| 711 | | - | (B) An applicant must demonstrate that the amount of the proposed assessment653 |
|---|
| 712 | | - | financing will not exceed 25 percent of the fair market value of the qualifying property654 |
|---|
| 713 | | - | as determined by a qualified appraiser, which appraisal may take into account the655 |
|---|
| 714 | | - | expected increase in fair market value of the qualifying property resulting from the656 |
|---|
| 715 | | - | proposed qualifying improvements, as completed or as stabilized; and657 |
|---|
| 716 | | - | (C) An applicant must demonstrate that the period or term of the assessment financing658 |
|---|
| 717 | | - | will not exceed the weighted average useful life expected for the proposed qualifying659 |
|---|
| 718 | | - | improvements. The applicant shall include a statement from a qualified professional660 |
|---|
| 719 | | - | indicating the weighted average useful life expected for the proposed qualifying661 |
|---|
| 720 | | - | improvements.662 |
|---|
| 721 | | - | (b) For approved qualifying improvements, an authority may enter into an assessment663 |
|---|
| 722 | | - | agreement with the owner of the qualifying property to pay the cost of qualifying664 |
|---|
| 723 | | - | improvements. Prior to entering into an assessment agreement, an applicant shall provide665 |
|---|
| 724 | | - | written consent from any holder of a lien, mortgage, or security deed encumbering the666 |
|---|
| 725 | | - | qualifying property. Such written consent shall be signed in the sole and absolute667 |
|---|
| 726 | | - | discretion of the holder of a prior lien, mortgage, or security deed encumbering the668 |
|---|
| 727 | | - | qualifying property and, at a minimum, shall state that the holder of such prior lien,669 |
|---|
| 728 | | - | mortgage, or security deed has reviewed the final terms of the financing and the assessment670 |
|---|
| 729 | | - | agreement; that the qualifying property may participate in the program; and that the671 |
|---|
| 730 | | - | assessment lien shall have the same priority status as a lien for ad valorem taxes of the672 |
|---|
| 731 | | - | participating local government.673 23 LC 47 2513S |
|---|
| 732 | | - | S. B. 145 (SUB) |
|---|
| 733 | | - | - 28 - |
|---|
| 734 | | - | (c) Each assessment agreement shall include:674 |
|---|
| 735 | | - | (1) A description of the qualifying improvements;675 |
|---|
| 736 | | - | (2) A statement describing the procedures for billing and collection of assessments to be676 |
|---|
| 737 | | - | imposed by the participating local government pursuant to an intergovernmental677 |
|---|
| 738 | | - | agreement, which the owner of the qualifying property shall voluntarily request to be678 |
|---|
| 739 | | - | imposed and shall agree to pay either directly or through an escrow account that may be679 |
|---|
| 740 | | - | established or increased by a prior lien holder on the qualifying property;680 |
|---|
| 741 | | - | (3) The total amount of the assessment;681 |
|---|
| 742 | | - | (4) A schedule of assessment installments requested to be imposed by the participating682 |
|---|
| 743 | | - | local government;683 |
|---|
| 744 | | - | (5) Any administrative fees to be paid to the authority or to the participating local684 |
|---|
| 745 | | - | government;685 |
|---|
| 746 | | - | (6) The number of years the assessment shall be imposed on the qualifying property; and686 |
|---|
| 747 | | - | (7) The conditions under which the owner of the qualifying property may prepay and687 |
|---|
| 748 | | - | permanently satisfy the unpaid portion of the assessment and remove the assessment lien688 |
|---|
| 749 | | - | from the qualifying property, including a description of the terms of any prepayment689 |
|---|
| 750 | | - | penalty.690 |
|---|
| 751 | | - | (d) An assessment agreement may authorize the owner of the qualifying property to691 |
|---|
| 752 | | - | contract directly, including through lease, power purchase agreement, or other service692 |
|---|
| 753 | | - | contract, for installing or modifying a qualifying improvement.693 |
|---|
| 754 | | - | (e) Upon execution of an assessment agreement by an owner of the qualifying property694 |
|---|
| 755 | | - | and an authority, the authority shall cause the participating local government to execute and695 |
|---|
| 756 | | - | record a notice of assessment in the land record of the jurisdiction in which the qualifying696 |
|---|
| 757 | | - | property is located, in accordance with Article 3 of this chapter.697 |
|---|
| 758 | | - | (f) No authority described in this article shall grant any capital provider the exclusive right698 |
|---|
| 759 | | - | to provide financing or refinancing on a program-wide basis. It is the intent of this699 |
|---|
| 760 | | - | subsection to enable owners of qualifying properties to recommend to authorities the700 23 LC 47 2513S |
|---|
| 761 | | - | S. B. 145 (SUB) |
|---|
| 762 | | - | - 29 - |
|---|
| 763 | | - | capital providers to finance or refinance the qualifying improvements owned or to be701 |
|---|
| 764 | | - | owned by such qualifying property owners.702 |
|---|
| 765 | | - | 36-77-14.703 |
|---|
| 766 | | - | A municipal corporation, a county, or any number of counties and municipal corporations704 |
|---|
| 767 | | - | shall have the right to activate an authority under this article, notwithstanding the existence705 |
|---|
| 768 | | - | of any other development authority within the county or municipal corporation created706 |
|---|
| 769 | | - | pursuant to any general law or amendment to the Constitution of this state. Nothing in this707 |
|---|
| 770 | | - | article shall be construed as repealing, amending, superseding, or altering the organization708 |
|---|
| 771 | | - | of or abridging the powers of such authorities as are now in existence.709 |
|---|
| 772 | | - | 36-77-15.710 |
|---|
| 773 | | - | This article shall be liberally construed to effect the purposes hereof. The offer, sale, or711 |
|---|
| 774 | | - | issuance of bonds, notes, or other obligations by an authority shall not be subject to712 |
|---|
| 775 | | - | regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008." No713 |
|---|
| 776 | | - | notice, proceeding, or publication except those required by this article shall be necessary714 |
|---|
| 777 | | - | to the performance of any act authorized by this article, nor shall any such act be subject715 |
|---|
| 778 | | - | to referendum.716 |
|---|
| 779 | | - | 36-77-16.717 |
|---|
| 780 | | - | (a) Except as otherwise provided in this Code section, an authority created pursuant to this718 |
|---|
| 781 | | - | article shall have perpetual existence.719 |
|---|
| 782 | | - | (b) If an authority does not have any outstanding undischarged obligations, the authority720 |
|---|
| 783 | | - | may be dissolved as provided in this subsection. If the authority was activated for a single721 |
|---|
| 784 | | - | county or municipal corporation as provided in subsection (a) of Code Section 36-77-5, the722 |
|---|
| 785 | | - | authority may be dissolved by adoption of an appropriate resolution by the governing body723 |
|---|
| 786 | | - | of such county or municipal corporation. If the authority was activated for two or more724 23 LC 47 2513S |
|---|
| 787 | | - | S. B. 145 (SUB) |
|---|
| 788 | | - | - 30 - |
|---|
| 789 | | - | counties or municipal corporations as provided in subsection (b) of Code Section 36-77-5,725 |
|---|
| 790 | | - | the authority may be dissolved by the adoption of appropriate concurrent resolutions by the726 |
|---|
| 791 | | - | governing bodies of all such counties or municipal corporations.727 |
|---|
| 792 | | - | (c) If an authority previously activated for a single county or municipal corporation is so728 |
|---|
| 793 | | - | dissolved, all assets, rights, and undischarged obligations of the former authority shall729 |
|---|
| 794 | | - | devolve to the parent county or municipal corporation. If an authority previously activated730 |
|---|
| 795 | | - | for two or more counties or municipal corporations is so dissolved, all assets and731 |
|---|
| 796 | | - | undischarged obligations of the former authority shall devolve to the parent counties or732 |
|---|
| 797 | | - | municipal corporations in such proportions and manner as shall be specified in the733 |
|---|
| 798 | | - | appropriate concurrent resolutions dissolving the authority.734 |
|---|
| 799 | | - | (d) When an authority is dissolved as provided in this Code section, it shall cease to exist735 |
|---|
| 800 | | - | as of the effective date specified in the appropriate resolution or resolutions. The736 |
|---|
| 801 | | - | dissolution of an authority, however, shall not prevent the subsequent activation of a new737 |
|---|
| 802 | | - | authority under this article for the same counties or municipal corporations, in the same738 |
|---|
| 803 | | - | manner as otherwise specified in this article.739 |
|---|
| 804 | | - | ARTICLE 3740 |
|---|
| 805 | | - | 36-77-20.741 |
|---|
| 806 | | - | This article shall be known and may be cited as the 'Commercial Property Assessed742 |
|---|
| 807 | | - | Conservation, Energy, and Resiliency Cooperation Law.'743 |
|---|
| 808 | | - | 36-77-21.744 |
|---|
| 809 | | - | The General Assembly finds that it is in the public interest and vital to the public welfare745 |
|---|
| 810 | | - | of the people of the State of Georgia, and it is declared to be the intent of this article, to746 |
|---|
| 811 | | - | authorize municipal corporations and counties to enact ordinances or resolutions to747 |
|---|
| 812 | | - | establish commercial property assessed conservation, energy, and resiliency programs and748 23 LC 47 2513S |
|---|
| 813 | | - | S. B. 145 (SUB) |
|---|
| 814 | | - | - 31 - |
|---|
| 815 | | - | to enter into agreements with commercial property assessed conservation, energy, and749 |
|---|
| 816 | | - | resiliency development authorities to carry out such programs, all for the purpose of750 |
|---|
| 817 | | - | developing trade, commerce, industry, and employment opportunities. It is found and751 |
|---|
| 818 | | - | declared that the assistance provided in this article for the purposes set forth in Article 2752 |
|---|
| 819 | | - | of this chapter constitutes a public use and purpose and an essential governmental function753 |
|---|
| 820 | | - | for which public moneys may be spent and that the provisions hereinafter enacted are754 |
|---|
| 821 | | - | necessary in the public interest.755 |
|---|
| 822 | | - | 36-77-22.756 |
|---|
| 823 | | - | (a) For the purpose of aiding and cooperating in the planning, undertaking, constructing,757 |
|---|
| 824 | | - | or carrying out of qualifying improvements located within the area in which it is authorized758 |
|---|
| 825 | | - | to act, any municipal corporation or county, upon such terms, with or without759 |
|---|
| 826 | | - | consideration, as it may determine, may:760 |
|---|
| 827 | | - | (1) Enter into intergovernmental agreements with an authority respecting action to be761 |
|---|
| 828 | | - | taken by such municipal corporation or county pursuant to any of the powers granted by762 |
|---|
| 829 | | - | this article, including the furnishing of funds or other assistance in connection with763 |
|---|
| 830 | | - | qualifying improvements, provided that the obligations of any such municipal corporation764 |
|---|
| 831 | | - | or county under any such intergovernmental agreement shall be limited obligations765 |
|---|
| 832 | | - | payable solely from assessments;766 |
|---|
| 833 | | - | (2) Do any and all things necessary or convenient to aid or cooperate in the planning,767 |
|---|
| 834 | | - | undertaking, constructing, and carrying out of qualifying improvements; and768 |
|---|
| 835 | | - | (3) Grant or contribute assessments to an authority or agree to take such action.769 |
|---|
| 836 | | - | (b) Any participating local government shall have the power to impose, bill, and collect770 |
|---|
| 837 | | - | assessments and to pledge and assign assessments to an authority to secure its obligations771 |
|---|
| 838 | | - | under an intergovernmental agreement.772 |
|---|
| 839 | | - | (c) Pursuant to Code Section 36-77-13, an authority may enter into an assessment773 |
|---|
| 840 | | - | agreement with an owner of qualifying property for qualifying improvements, under which774 23 LC 47 2513S |
|---|
| 841 | | - | S. B. 145 (SUB) |
|---|
| 842 | | - | - 32 - |
|---|
| 843 | | - | such owner voluntarily agrees to the imposition of assessments under this article. After an775 |
|---|
| 844 | | - | assessment agreement is entered into, and upon notice from the authority, a participating776 |
|---|
| 845 | | - | local government shall have the power to execute and record a notice of assessment on the777 |
|---|
| 846 | | - | subject property in the real property records of the relevant county. Such notice of778 |
|---|
| 847 | | - | assessment shall contain:779 |
|---|
| 848 | | - | (1) The principal amount of the assessment;780 |
|---|
| 849 | | - | (2) The legal description of the property;781 |
|---|
| 850 | | - | (3) The name of each property owner;782 |
|---|
| 851 | | - | (4) A copy of the assessment agreement, including a schedule of assessments to be783 |
|---|
| 852 | | - | imposed by the participating local government; and784 |
|---|
| 853 | | - | (5) A reference to subsection (d) of this Code section authorizing the creation of an785 |
|---|
| 854 | | - | assessment lien to secure an assessment imposed under this article.786 |
|---|
| 855 | | - | (d) An assessment imposed by a participating local government under this article:787 |
|---|
| 856 | | - | (1) Is a lien against the property on which the assessment is imposed, from the date on788 |
|---|
| 857 | | - | which the notice of assessment is recorded until the assessment, interest, and penalties789 |
|---|
| 858 | | - | are paid in full; and790 |
|---|
| 859 | | - | (2) Has the same priority status as a lien for ad valorem taxes levied by the participating791 |
|---|
| 860 | | - | local government.792 |
|---|
| 861 | | - | (e) The assessment lien created under this article runs with the land and that portion of the793 |
|---|
| 862 | | - | assessment that is not yet due may not be accelerated or eliminated by foreclosure of a794 |
|---|
| 863 | | - | property tax lien or other lien.795 |
|---|
| 864 | | - | (f) Assessments imposed under this article shall be billed and collected in installments in796 |
|---|
| 865 | | - | the same manner, by the same tax collector, and at the same times as ad valorem taxes797 |
|---|
| 866 | | - | levied by the participating local government are billed and collected. The tax collector may798 |
|---|
| 867 | | - | include any assessment installment as a separate line item on an ad valorem tax bill or may799 |
|---|
| 868 | | - | send a separate bill for any assessment installment. All proceeds of assessment800 |
|---|
| 869 | | - | installments received by a participating local government that are subject to a pledge801 23 LC 47 2513S |
|---|
| 870 | | - | S. B. 145 (SUB) |
|---|
| 871 | | - | - 33 - |
|---|
| 872 | | - | created in an intergovernmental agreement shall be remitted to the applicable authority802 |
|---|
| 873 | | - | pursuant to the terms of the intergovernmental agreement.803 |
|---|
| 874 | | - | (g) A delinquent assessment installment that is unpaid when due shall incur interest and804 |
|---|
| 875 | | - | penalties in the same manner as delinquent ad valorem taxes and shall be enforced by the805 |
|---|
| 876 | | - | participating local government in the same manner as its ad valorem tax liens. All806 |
|---|
| 877 | | - | proceeds from enforcing a delinquent assessment installment and related penalties and807 |
|---|
| 878 | | - | interest received by a participating local government that are subject to a pledge created in808 |
|---|
| 879 | | - | an intergovernmental agreement shall be remitted to the applicable authority pursuant to809 |
|---|
| 880 | | - | the terms of the intergovernmental agreement.810 |
|---|
| 881 | | - | (h) Subject to an intergovernmental agreement, a participating local government may811 |
|---|
| 882 | | - | charge fees that shall reflect the reasonable costs of the participating local government for812 |
|---|
| 883 | | - | its actions under this article and that shall be added to the assessment.813 |
|---|
| 884 | | - | (i) Assessments shall not count against the tax limitations contained in paragraph (20) of814 |
|---|
| 885 | | - | Code Section 48-5-220 or Code Section 48-5-350.815 |
|---|
| 886 | | - | 36-77-23.816 |
|---|
| 887 | | - | The exercise by a participating local government of the powers granted by this article may817 |
|---|
| 888 | | - | be authorized by resolution of the governing body of such participating local government.818 |
|---|
| 889 | | - | The resolution shall be adopted by a majority of the members of the governing body819 |
|---|
| 890 | | - | present at a meeting of such governing body, which resolution may be adopted at the820 |
|---|
| 891 | | - | meeting at which such resolution is introduced. Such a resolution or resolutions shall take821 |
|---|
| 892 | | - | effect immediately and need not be laid over or published or posted."822 |
|---|
| 893 | | - | PART V823 |
|---|
| 894 | | - | SECTION 5-1.824 |
|---|
| 895 | | - | Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general825 |
|---|
| 896 | | - | provisions regarding public utilities and public transportation, is amended by revising Code826 23 LC 47 2513S |
|---|
| 897 | | - | S. B. 145 (SUB) |
|---|
| 898 | | - | - 34 - |
|---|
| 899 | | - | Section 46-1-6, relating to governmental entities prohibited from restricting utility service827 |
|---|
| 900 | | - | connection or sale of fuels based on type and the ability to choose utility service, as follows:828 |
|---|
| 901 | | - | "46-1-6.829 |
|---|
| 902 | | - | (a) As used in this Code section, the term:830 |
|---|
| 903 | | - | (1) 'Governmental entity' means any:831 |
|---|
| 904 | | - | (A) Municipality, public corporation, political subdivision, instrumentality, body832 |
|---|
| 905 | | - | politic, authority, district, consolidated government, county, or any board, commission,833 |
|---|
| 906 | | - | agency, department, or board of any such entity;834 |
|---|
| 907 | | - | (B) State board, commission, agency, department, or board; or835 |
|---|
| 908 | | - | (C) Other form of government.836 |
|---|
| 909 | | - | (2) 'Policy' means an ordinance, resolution, regulation, code, or any other requirement837 |
|---|
| 910 | | - | imposed by a governmental entity.838 |
|---|
| 911 | | - | (b) No governmental entity of this state shall adopt any policy that restricts or prohibits,839 |
|---|
| 912 | | - | or has the effect of restricting or prohibiting, based on the type or source of energy or fuel840 |
|---|
| 913 | | - | to be delivered or the appliance to be used:841 |
|---|
| 914 | | - | (1) The connection or reconnection of a customer to an electric utility, gas company, or842 |
|---|
| 915 | | - | natural, manufactured, or liquefied petroleum gas service;843 |
|---|
| 916 | | - | (2) Sales of liquefied petroleum gas, including, but not limited to, directly to a consumer844 |
|---|
| 917 | | - | by a retail establishment; or845 |
|---|
| 918 | | - | (3) Sales of other liquefied petroleum products.846 |
|---|
| 919 | | - | (c) Nothing in this Code section shall limit the ability of a governmental entity to choose847 |
|---|
| 920 | | - | utility services for properties owned by such governmental entity."848 23 LC 47 2513S |
|---|
| 921 | | - | S. B. 145 (SUB) |
|---|
| 922 | | - | - 35 - |
|---|
| 923 | | - | PART VI849 |
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| 924 | | - | SECTION 6-1.850 |
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| 925 | | - | Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public851 |
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| 926 | | - | transportation, is amended by revising subsection (b) of Code Section 46-4-164, relating to852 |
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| 927 | | - | construction of article, electric membership corporations and EMC gas affiliates, and853 |
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| 928 | | - | liquefied petroleum gas, as follows:854 |
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| 929 | | - | "(b) Notwithstanding any provision of law to the contrary, including, without limitation,855 |
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| 930 | | - | Article 4 of Chapter 3 of this title, an electric membership corporation may make and856 |
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| 931 | | - | maintain investments in, lend funds to, and guarantee the debts and obligations of an EMC857 |
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| 932 | | - | gas affiliate in total not to exceed 15 30 percent of such electric membership corporation's858 |
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| 933 | | - | net utility plant, excluding electric generation and transmission assets as defined by the859 |
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| 934 | | - | Federal Energy Regulatory Commission Uniform System of Accounts in effect at the time860 |
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| 935 | | - | of such investment, loan, or guarantee, provided that any such investments or loans shall861 |
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| 936 | | - | not reflect rates which are generally available through the use of any tax exempt financing862 |
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| 937 | | - | and may not be tied to any loans from or guaranteed by the federal or state government;863 |
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| 938 | | - | and an EMC gas affiliate of an electric membership corporation organized and operating864 |
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| 939 | | - | pursuant to Article 4 of Chapter 3 of this title may apply for and be granted a certificate of865 |
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| 940 | | - | authority to provide any service as authorized under this article. The creation,866 |
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| 941 | | - | capitalization, or provision of management for:867 |
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| 942 | | - | (1) An EMC gas affiliate engaged in activities subject to the provisions of this article and868 |
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| 943 | | - | the rules and regulations established by the commission; or869 |
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| 944 | | - | (2) Other persons providing customer services shall be deemed to be among the purposes870 |
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| 945 | | - | of an electric membership corporation as specified in paragraphs (2) and (3) of Code871 |
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| 946 | | - | Section 46-3-200. Nothing in this article shall be deemed to increase or decrease the872 |
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| 947 | | - | authority and jurisdiction of the commission with respect to such electric membership873 23 LC 47 2513S |
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| 948 | | - | S. B. 145 (SUB) |
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| 949 | | - | - 36 - |
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| 950 | | - | corporation except as to gas activities undertaken by the electric membership corporation874 |
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| 951 | | - | or its EMC gas affiliate as authorized under this chapter."875 |
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| 952 | | - | PART VII876 |
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| 953 | | - | SECTION 7-1.877 |
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| 954 | | - | (a) This part and Parts I, II, IV, V, and VI of this Act shall become effective upon its878 |
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| 955 | | - | approval by the Governor or upon its becoming law without such approval.879 |
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| 956 | | - | (b) Part III of this Act shall become effective on July 1, 2023, and shall apply to all zoning880 |
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| 957 | | - | and quasi-judicial decisions occurring on and after that date; however, no zoning or881 |
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| 958 | | - | quasi-judicial decision prior to July 1, 2024, shall be rendered invalid or void because of a882 |
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| 959 | | - | local government's failure to implement language in their ordinances accomplishing the883 |
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| 960 | | - | provisions of Code Section 36-66-5.1.884 |
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| 961 | | - | SECTION 7-2.885 |
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| 962 | | - | All laws and parts of laws in conflict with this Act are repealed.886 |
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| 50 | + | SECTION 4.40 |
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| 51 | + | All laws and parts of laws in conflict with this Act are repealed.41 |
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