23 LC 47 2513S
S. B. 145 (SUB)
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The House Committee on Governmental Affairs offers the following substitute to SB 145:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to1
municipal annexation of territory, so as to provide for municipal deannexation of property2
by application of 100 percent of property owners; to provide for procedures, conditions, and3
limitations; to provide for ad valorem taxes; to prohibit deannexations where there is4
outstanding municipal bond obligations; to authorize municipalities to continue to provide5
services to deannexed properties in certain circumstances; to amend Chapter 60 of Title 366
of the Official Code of Georgia Annotated, relating to general provisions applicable to7
counties and municipal corporations, so as to prohibit local regulations that create differing8
standards for or distinguish gasoline-powered leaf blowers from similar equipment; to9
provide for a short title; to provide for legislative findings; to amend Chapter 66 of Title 3610
of the Official Code of Georgia Annotated, relating to zoning procedures as pertaining to11
counties and municipal corporations, so as to repeal provisions authorizing administrative12
officers to exercise zoning powers; to repeal provisions authorizing quasi-judicial boards and13
agencies to hear and render decisions on applications for special administrative permits and14
conditional permits; to revise definitions; to amend Title 36 of the Official Code of Georgia15
Annotated, relating to local government, so as to provide for the creation of Commercial16
Property Assessed Conservation, Energy, and Resiliency Development Authorities in certain17
counties and municipalities; to specify their purpose; to define certain terms; to provide for18 23 LC 47 2513S
S. B. 145 (SUB)
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the creation and activation of authorities; to provide for joint authorities; to provide for19
boards of directors; to provide for organization; to specify powers; to provide for financial20
obligations; to specify provisions, remedies, obligations, and procedures; to provide for21
construction; to provide that authority obligations do not constitute public debt; to specify22
certain tax exemptions; to provide for cities and counties to cooperate with authorities in23
financing qualifying improvements by imposing special assessments on qualifying24
commercial properties; to provide for the collection and lien status of such assessments; to25
provide for the dissolution of such authorities; to amend Chapter 1 of Title 46 of the Official26
Code of Georgia Annotated, relating to general provisions regarding public utilities and27
public transportation, so as to prohibit governmental entities from adopting any policy that28
prohibits the connection or reconnection of any utility service or sales of certain fuels based29
upon the appliance to be used by a customer; to amend Title 46 of the Official Code of30
Georgia Annotated, relating to public utilities and public transportation, so as to modify the31
percentage limitation as to the amount of the investments an electric membership corporation32
may make and maintain in a gas affiliate; to provide for related matters; to provide for33
effective dates and applicability; to repeal conflicting laws; and for other purposes.34
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:35
PART I36
SECTION 1-1.37
Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to municipal38
annexation of territory, is amended by adding a new article to read as follows:39 23 LC 47 2513S
S. B. 145 (SUB)
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"ARTICLE 840
36-36-130.41
The procedures of this article shall apply to deannexations pursuant to this article but shall42
not apply to deannexations by local Acts of the General Assembly.43
36-36-131.44
(a) Authority is granted to the governing authority of any municipality to deannex an area45
or areas of the existing corporate limits thereof, in accordance with the procedures provided46
in this article and in Article 1 of this chapter, upon the written and signed applications of47
all of the owners of all of the land, except the owners of any public street, road, highway,48
or right of way, proposed to be deannexed, containing a complete description of the lands49
to be deannexed; provided, however, that no more than ten parcels of property may be50
deannexed in one action and only upon the adoption of a resolution by the governing51
authority of the county in which such property is located consenting to such deannexation.52
If the governing authority of the county consents to the deannexation and the deannexation53
conforms with the requirements of this article, the governing authority of the municipal54
corporation shall approve such deannexation unless it finds that the deannexation would55
be detrimental to the health, safety, and welfare of the residents and property owners of the56
area to be deannexed or to the area remaining within the municipality.57
(b) Lands to be deannexed at any one time under this article shall be treated as one body,58
regardless of the number of owners, and all parts shall be considered as adjoining the limits59
of the municipality when any one part of the entire body abuts such limits; provided,60
however, that at least one-eighth of the aggregate external boundary or 50 feet of the area61
to be deannexed, whichever is less, either abuts directly on the municipal boundary or62
would directly abut on the municipal boundary if it were not otherwise separated from the63 23 LC 47 2513S
S. B. 145 (SUB)
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municipal boundary by lands owned by the municipal corporation or some other political64
subdivision, by lands owned by this state, or by the definite width of:65
(1) Any street or street right of way;66
(2) Any creek or river; or67
(3) Any right of way of a railroad or other public service corporation which divides the68
municipal boundary and any area proposed to be deannexed.69
(c) When such application is acted upon by the municipal governing authority and the land70
is, by ordinance, deannexed from the municipality, an identification of the property so71
deannexed shall be filed with the Department of Community Affairs and with the72
governing authority of the county in which the property is located in accordance with Code73
Section 36-36-3.74
(d) When so deannexed, such lands shall cease to constitute a part of the lands within the75
corporate limits of the municipality as completely and fully as if the limits had been76
marked and defined by local Act of the General Assembly.77
(e)(1) Except as provided in paragraph (2) of this subsection and Code78
Section 36-36-133, when so deannexed, the land shall be deannexed from the79
municipality effective for ad valorem tax purposes on December 31 of the year during80
which such application is submitted and for all other purposes on the first day of the next81
calendar quarter that begins at least one month after the month during which the82
requirements of this article have been met.83
(2) Unless otherwise agreed in writing by the governing authority of the county and a84
municipal governing authority, where property zoned and used for commercial purposes85
is deannexed from a municipality with an independent school system, the effective date86
for the purposes of ad valorem taxes levied for educational purposes shall be87
December 31 of the year after the year in which the requirements of this article have been88
met.89 23 LC 47 2513S
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(f) Property that has been deannexed from a municipality under this article shall not be90
annexed again until at least two calendar years after the effective date of such deannexation91
unless such annexation is accomplished by local Act of the General Assembly.92
36-36-132.93
There shall be no deannexation under this article that results in the formation of one or94
more unincorporated islands or in part of the area remaining in the municipal corporation95
no longer being a contiguous area of such municipal corporation.96
36-36-133.97
In the event that a municipality has outstanding general obligation bond or revenue bond98
indebtedness, property in such municipality is ineligible for deannexation pursuant to this99
article.100
36-36-134.101
In the event of a deannexation pursuant to this article, a municipality may, but is not102
required to, continue to provide any services to the property which it was providing103
immediately prior to the deannxation, provided that the county and municipality have104
agreed to terms and conditions for the municipality continuing to provide such services."105
PART II106
SECTION 2-1.107
This part shall be known and may be cited as the "Landscape Equipment and Agricultural108
Fairness (LEAF) Act."109 23 LC 47 2513S
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SECTION 2-2.110
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general111
provisions applicable to counties and municipal corporations, is amended by adding a new112
Code section to read as follows:113
"36-60-30.114
(a) The General Assembly finds that:115
(1) Prudent regulation of gasoline-powered leaf blowers is crucial to the welfare of116
Georgia's economy;117
(2) Urban agriculture, homeowners, and landscape service professionals are sensitive to118
the costs and regulation of gasoline-powered leaf blowers; and119
(3) If individual political subdivisions of the state regulate gasoline-powered leaf120
blowers, there exists the potential for confusing and varying regulations which could lead121
to unnecessary increased costs for urban agriculture, homeowners, and landscape service122
professionals to comply with such regulations.123
(b) As used in this Code section, the term 'gasoline-powered leaf blowers' means any124
machine that is powered by a two-stroke or four-stroke engine and uses as fuel gasoline or125
a blend of gasoline and oil, used to blow leaves, dirt, or other debris off of sidewalks,126
driveways, lawns, or other surfaces.127
(c) Any local prohibition or regulation regarding the use, disposition, or sale or any128
imposition of any restriction, fee imposition, or taxation at the retail, manufacturer, or129
distributor setting shall not create differing standards for or distinguish gasoline-powered130
leaf blowers from any other gasoline-powered, electric, or similar such equipment or any131
other type of leaf blower. Nothing in this subsection shall apply to the use of132
gasoline-powered leaf blowers on property owned by a county or municipality.133
(d) Nothing in this Code section shall be construed to prohibit or limit any county or134
municipal program to encourage the use of alternative leaf blower equipment, such as135
battery powered tools."136 23 LC 47 2513S
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PART III137
SECTION 3-1.138
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning139
procedures as pertaining to counties and municipal corporations, is amended by revising140
subsection (b) of Code Section 36-66-2, relating to legislative purpose and local government141
zoning powers, as follows:142
"(b) Consistent with the minimum procedures required by this chapter, local governments143
may:144
(1) Provide by ordinance or resolution for such administrative officers, boards, or145
agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning146
powers and to establish procedures and notice requirements for hearings before such147
quasi-judicial officers, boards, or agencies that are consistent with the minimum148
procedures provided for in this chapter to assure due process is afforded the general149
public; and150
(2) Provide by ordinance or resolution for procedures and requirements in addition to or151
supplemental to those required by this chapter and, where so adopted, thereby establish152
the minimum procedures for such local government's exercise of zoning powers."153
SECTION 3-2.154
Said chapter is further amended by revising paragraphs (1.1) and (4) of Code155
Section 36-66-3, relating to definitions, as follows:156
"(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, a board, or agency157
appointed by a local government to exercise delegated, quasi-judicial zoning powers,158
including hearing appeals of administrative decisions by such officers, boards, or159
agencies and hearing and rendering decisions on applications for variances, special160
administrative permits, special exceptions, conditional use permits, or other similar161 23 LC 47 2513S
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permits not enumerated herein as a zoning decision, pursuant to standards for the exercise162
of such quasi-judicial authority adopted by a local government."163
"(4) 'Zoning decision' means final legislative action by a local government which results164
in:165
(A) The adoption or repeal of a zoning ordinance;166
(B) The adoption of an amendment to a zoning ordinance which changes the text of the167
zoning ordinance;168
(C) The adoption or denial of an amendment to a zoning ordinance to rezone property169
from one zoning classification to another;170
(D) The adoption or denial of an amendment to a zoning ordinance by a municipal171
local government to zone property to be annexed into the municipality;172
(E) The grant or denial of a permit relating to a special use or a conditional use of173
property; or174
(F) The grant or denial of a variance or conditions concurrent and in conjunction with175
a decision pursuant to subparagraphs (C) or (E) of this paragraph."176
SECTION 3-3.177
Said chapter is further amended by revising subsection (g) of Code Section 36-66-4, relating178
to hearings on proposed zoning decisions, notice of hearing, nongovernmental initiated179
actions, reconsideration of defeated actions, and procedure on zoning, as follows:180
"(g) A local government delegating decision-making power to a quasi-judicial officer,181
board, or agency shall provide for a hearing on each proposed action described in182
paragraph (1.1) of Code Section 36-66-3. Notice of such hearing shall be provided at183
least 30 days prior to the quasi-judicial hearing, with such notice being made as provided184
for in subsection (a) of this Code section and with additional notice being mailed to the185
owner of the property that is the subject of the proposed action."186 23 LC 47 2513S
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SECTION 3-4.187
Said chapter is further amended by revising subsection (b.1) of Code Section 36-66-5,188
relating to adoption of hearing policies and procedures and standards for exercise of zoning189
power, as follows:190
"(b.1) In addition to policies and procedures required by subsection (a) of this Code191
section, each local government providing for a quasi-judicial officer's, board's, or agency's192
grant, denial, or review of a quasi-judicial matter may adopt specific standards and criteria193
governing the exercise of such quasi-judicial decision-making authority, and such standards194
shall include the factors by which the local government directs the evaluation of a195
quasi-judicial matter. Such standards shall be printed and copies thereof made available196
for distribution to the general public."197
SECTION 3-5.198
Said chapter is further amended by revising subsection (d) of Code Section 36-66-5.1,199
relating to judicial review and procedures, as follows:200
"(d) An appeal or challenge by an opponent filed pursuant to this chapter shall stay all201
legal proceedings in furtherance of the action appealed from or challenged, unless the local202
government, officer, board, or agency from which or from whom the appeal or challenge203
is taken certifies that, by reason of the facts stated in the certificate, a stay would cause204
imminent peril to life or property. In such actions, the applicant for the zoning decision or205
the quasi-judicial decision shall be a necessary party and shall be named as a defendant in206
the action and served in accordance with the requirements of Title 5 or Title 9, as207
appropriate."208 23 LC 47 2513S
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PART IV209
SECTION 4.1.210
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended211
by adding a new chapter to read as follows:212
"CHAPTER 77213
ARTICLE 1214
36-77-1.215
As used in this chapter, the term:216
(1) 'Assessment' means a special assessment imposed by a participating local217
government pursuant to Article 3 of this chapter.218
(2) 'Assessment agreement' means an agreement between an authority and a qualifying219
property owner, in which, among other things, the authority agrees to pay the costs of220
qualifying improvements and the qualifying property owner voluntarily requests221
assessments to be imposed by the participating local government on the qualifying222
property.223
(3) 'Assessment financing' means the financing or refinancing of qualifying224
improvements.225
(4) 'Authority' means each public corporation created pursuant to Article 2 of this226
chapter.227
(5) 'Capital provider' means a private entity or its designee, successor, or assign that228
purchases an obligation of an authority pursuant to Article 2 of this chapter.229
(6) 'Cost of the qualifying improvements' or 'cost of any qualifying improvement' means230
and includes:231 23 LC 47 2513S
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(A) All costs of acquisition (by purchase or otherwise), construction, assembly,232
installation, modification, renovation, or rehabilitation incurred in connection with any233
qualifying improvement or any part of any qualifying improvement;234
(B) All costs of real property, fixtures, or materials used in or in connection with or235
necessary for any qualifying improvement or for any facilities related thereto,236
including, but not limited to, the cost of all easements, rights, improvements, water237
rights, connections for utility services, fees, franchises, permits, approvals, licenses, and238
certificates; the cost of securing any such franchises, permits, approvals, licenses, or239
certificates; and the cost of preparation of any application therefor and the cost of all240
labor and materials used in or in connection with or necessary for any qualifying241
improvement;242
(C) All financing charges and loan fees and all interest on revenue bonds, notes, or243
other obligations of an authority that accrues or is paid prior to and during the period244
of construction of a qualifying improvement and during such additional period as the245
authority may reasonably determine to be necessary to place such qualifying246
improvement in operation;247
(D) All costs of engineering, architectural, and legal services and all expenses incurred248
by engineers, architects, and attorneys in connection with any qualifying improvement;249
(E) All expenses for inspection and any third party review or verification fees;250
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust251
agreement, indenture of trust, or similar instrument or agreement; all expenses incurred252
by any such fiscal agents, paying agents, and trustees; and all other costs and expenses253
incurred relative to the issuance of any revenue bonds, notes, or other obligations for254
any qualifying improvement, including capital provider's fees;255
(G) All fees of any type charged by an authority in connection with any qualifying256
improvement;257 23 LC 47 2513S
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(H) All expenses necessary or incidental to determining the feasibility or practicability258
of any qualifying improvement;259
(I) All costs of plans and specifications for any qualifying improvement;260
(J) Repayment of any loans made for the advance payment of any part of any of the261
foregoing costs, including interest thereon and any other expenses of such loans;262
(K) Administrative expenses of the authority and such other expenses as may be263
necessary or incidental to any qualifying improvement or the financing thereof or the264
placing of any qualifying improvement in operation; and265
(L) The establishment of a fund or funds for the creation of a debt service reserve, a266
renewal and replacement reserve, or such other funds or reserves, including for ad267
valorem taxes and insurance, as the authority may approve with respect to the financing268
and operation of any qualifying improvement and as may be authorized by any bond269
resolution, trust agreement, indenture of trust, or similar instrument or agreement270
pursuant to the provisions of which the issuance of any revenue bonds, notes, or other271
obligations of the authority may be authorized.272
Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part273
of the cost of the qualifying improvement and may be paid or reimbursed as such out of274
proceeds of revenue bonds, notes, or other obligations issued by the authority.275
(7) 'County' means any county of this state or a governmental entity formed by the276
consolidation of a county and one or more municipal corporations.277
(8) 'Financing application' means an application submitted to an authority or program278
administrator to demonstrate that the proposed improvements qualify for financing279
pursuant to a program.280
(9) 'Governing body' means the elected or duly appointed officials constituting the281
governing body of each municipal corporation and county in this state.282
(10) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX,283
Section III, Paragraph I of the Constitution of Georgia between a county or a municipal284 23 LC 47 2513S
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corporation, as party of the first part, and an authority, as party of the second part,285
pursuant to which the county or municipal corporation agrees to make payments to the286
authority, the sole source of which shall be assessments, to furnish financial assistance287
to aid in the planning, undertaking, or carrying out of a qualifying improvement.288
(11) 'Municipal corporation' means each city and town in this state.289
(12) 'Participating local government' means a municipal corporation or a county that290
enters into an intergovernmental agreement with an authority.291
(13) 'Program' means a commercial property assessed conservation, energy, and292
resiliency program established by an authority.293
(14) 'Program administrator' means any official or agency designated by an authority to294
administer a program or a private and independent third party designated by an authority295
to administer a program, provided that the administration procedures used conform to the296
requirements of Article 2 of this chapter.297
(15) 'Program guidebook' means a comprehensive document that establishes appropriate298
guidelines, specifications, approval criteria, and other standard forms consistent with299
administering a program and not detailed in Article 2 of this chapter, including forms for300
an assessment agreement, notice of assessment, and financing application.301
(16) 'Qualifying improvement' means a permanently affixed energy efficiency302
improvement, renewable energy improvement, water conservation improvement, or303
resiliency improvement installed on qualifying property as part of the construction or304
renovation of the qualifying property.305
(17) 'Qualifying property' means privately owned or leased commercial, industrial, or306
agricultural real property or multifamily residential real property with five or more307
dwelling units.308
(18) 'Resiliency improvement' means any improvement to qualifying property intended309
to increase resilience and improve durability of such property, including, but not limited310 23 LC 47 2513S
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to, seismic retrofits, flood mitigation, fire suppression, wind resistance, energy storage,311
microgrids, and backup power generation.312
ARTICLE 2313
36-77-2.314
This article shall be known and may be referred to as the 'Commercial Property Assessed315
Conservation, Energy, and Resiliency Development Authorities Law.'316
36-77-3.317
The General Assembly finds that the construction and renovation of commercial buildings318
in a manner that reduces energy and water consumption, produces on-site clean sources of319
energy, and improves resiliency promotes trade, commerce, industry, and employment320
opportunities in the State of Georgia by reducing operating costs for business enterprises321
and promoting the long-term competitiveness of the economy of the State for Georgia.322
Because implementing such improvements requires high up-front capital costs with the323
resulting benefits achieved only over time, such improvements often cannot be financed324
on reasonable terms and are therefore not economically feasible for property owners. It is325
therefore in the public interest and vital to the public welfare of the people of the State of326
Georgia, and it is declared to be the purpose of this article, to create commercial property327
assessed conservation, energy, and resiliency development authorities to facilitate free and328
willing owners of agricultural, commercial, and industrial properties and of multifamily329
residential properties with five or more dwelling units to obtain low-cost, long-term330
financing for qualifying improvements, including energy efficiency, water conservation,331
renewable energy, and resiliency improvements.332 23 LC 47 2513S
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36-77-4.333
This article is enacted pursuant to authority granted to the General Assembly by the334
Constitution of Georgia. Each authority created pursuant to this article is created for335
nonprofit and public purposes, and it is found, determined, and declared that the creation336
of each authority and the carrying out of its corporate purposes is in all respects for the337
benefit of the people of this state and that each authority is an institution of purely public338
charity and will be performing an essential governmental function in the exercise of the339
power conferred upon it by this article. For such reasons, the state covenants with the340
holders from time to time of the revenue bonds, notes, and other obligations issued under341
this article that no such authority shall be required to pay any taxes or assessments imposed342
by this state or any of its counties, municipal corporations, political subdivisions, or taxing343
districts upon any property acquired by the authority or under its jurisdiction, control,344
possession, or supervision or upon its activities or on any income derived by the authority345
in any form and that the revenue bonds, notes, and other obligations of each such authority,346
their transfer, and the income therefrom shall at all times be exempt from taxation within347
this state. The tax exemption provided in this Code section shall not include any348
exemption from sales and use tax on property purchased by an authority or for use by an349
authority.350
36-77-5.351
(a) There is created in and for each county and municipal corporation in this state a public352
body corporate and politic, to be known as the 'commercial property assessed conservation,353
energy, and resiliency development authority' of such county or municipal corporation. No354
authority shall transact any business or exercise any powers under this article until the355
governing body of the county or municipal corporation, by proper ordinance or resolution,356
declares that there is a need for an authority to function in the county or municipal357
corporation.358 23 LC 47 2513S
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(b) Any number of counties and municipal corporations, whether or not located in the359
same county or within a county participating in the formation of a joint authority, may360
jointly form an authority, to be known as the 'joint commercial property assessed361
conservation, energy, and resiliency development authority' for such counties and362
municipal corporations. No authority shall transact any business or exercise any powers363
under this article until the governing authorities of the units of local government involved364
declare, by ordinance or resolution, that there is a need for an authority to function and365
until the governing authorities authorize the chief elected official of the unit of local366
government to enter into an agreement with the other units of local government for the367
activation of an authority and such agreement is executed.368
(c) A copy of such ordinances, resolutions, and agreements shall be filed with the369
Secretary of State, who shall maintain a record of all authorities activated under this article.370
36-77-6.371
(a) Except as provided in this Code section, control and management of each authority372
shall be vested in a board of five directors who shall be residents of the county or municipal373
corporation and shall serve at the pleasure of the governing body of the county or374
municipal corporation. Directors shall be appointed, and may be reappointed, by the375
governing body of the county or municipal corporation for terms of four years. In the case376
of a joint commercial property assessed conservation, energy, and resiliency development377
authority, each unit of local government participating in the authority shall appoint two378
members, with an additional member to be appointed by the directors themselves. The379
directors shall elect one of their members as chairperson and another as vice chairperson380
and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may381
be, but need not be, a director. The directors shall receive no compensation for their382
services but shall be reimbursed for their actual expenses incurred in the performance of383
their duties. The directors may make bylaws and regulations for the governing of the384 23 LC 47 2513S
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authority and may delegate to one or more of the officers, agents, and employees of the385
authority such powers and duties as may be deemed necessary and proper.386
(b) Directors or members appointed by the county or municipal corporation to any other387
authority and elected or appointed officials of the county or municipal corporation may388
serve as directors of the authority.389
36-77-7.390
A majority of the directors shall constitute a quorum for the transaction of business of an391
authority; provided, however, that any action with respect to any assessment financing by392
an authority shall be approved by the affirmative vote of not less than a majority of the393
directors.394
36-77-8.395
(a) Each authority shall have all of the powers necessary or convenient to carry out and396
effectuate the purposes and provisions of this article, including, but without limiting the397
generality of the foregoing, the power:398
(1) To bring and defend actions;399
(2) To adopt and amend a corporate seal;400
(3) To make and execute contracts, agreements, and other instruments necessary or401
convenient to exercise the powers of the authority or to further the public purpose for402
which the authority is created, including, but not limited to, intergovernmental403
agreements, assessment agreements, and agreements for grants or loans to finance or404
refinance qualifying improvements;405
(4) To finance by loan, grant, or otherwise, including through assessment agreements,406
and refinance qualifying improvements and to pay the cost of any qualifying407
improvement from the proceeds of revenue bonds, notes, or other obligations of the408
authority or any other funds of the authority, or from any contributions or loans by409 23 LC 47 2513S
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persons, corporations, partnerships, whether limited or general, or other entities, all of410
which the authority is authorized to receive, accept, and use;411
(5) To borrow money to further or carry out its public purpose and to execute revenue412
bonds, notes, or other obligations; trust indentures; trust agreements; agreements for the413
sale of its revenue bonds, notes, or other obligations; loan agreements; security414
agreements; assignments; and such other agreements or instruments as may be necessary415
or desirable, in the judgment of the authority, to evidence and to provide security for such416
borrowing;417
(6) To issue revenue bonds, notes, or other obligations of the authority and use the418
proceeds thereof for the purpose of paying, or loaning or granting the proceeds thereof419
to pay, all or any part of the cost of any qualifying improvement and otherwise to further420
or carry out the public purpose of the authority and to pay all costs of the authority421
incidental to, or necessary and appropriate to, furthering or carrying out such purpose;422
(7) To make application directly or indirectly to any federal, state, county, or municipal423
government or agency or to any other source, whether public or private, for loans, grants,424
guarantees, or other financial assistance in furtherance of the authority's public purpose425
and to accept and use the same upon such terms and conditions as are prescribed by such426
federal, state, county, or municipal government or agency or other source;427
(8) To extend credit or make loans or grants to any person, corporation, partnership,428
whether limited or general, or other entity for the costs of any qualifying improvement429
or any part of the costs of any qualifying improvement, which credit, loans, or grants may430
be evidenced or secured by loan agreements, grant agreements, assessment agreements,431
notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or432
such other instruments, or by assessments, revenues, fees, or charges, upon such terms433
and conditions as the authority shall determine to be reasonable in connection with such434
extension of credit, loans, or grants, including provision for the establishment and435
maintenance of reserve funds; and, in the exercise of powers granted by this article in436 23 LC 47 2513S
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connection with any qualifying improvement, the authority shall have the right and power437
to require the inclusion in any such loan agreement, grant agreement, assessment438
agreement, note, mortgage, deed to secure debt, trust deed, security agreement,439
assignment, or other instrument of such provisions or requirements for guaranty of any440
obligations, insurance, construction, use, operation, maintenance, and financing of a441
qualifying improvement, and such other terms and conditions as the authority may deem442
necessary or desirable;443
(9) As security for repayment of any revenue bonds, notes, or other obligations of the444
authority, to pledge, convey, assign, hypothecate, or otherwise encumber any property445
of the authority, including, but not limited to, contract rights under intergovernmental446
agreements and revenues or other funds, and to execute any trust indenture; trust447
agreement; agreement for the sale of the authority's revenue bonds, notes, or other448
obligations; loan agreement; security agreement; assignment; or other agreement or449
instrument as may be necessary or desirable, in the judgment of the authority, to secure450
any such revenue bonds, notes, or the obligations, which instruments or agreements may451
provide for foreclosure or forced sale of any property of the authority upon default in any452
obligation of the authority, either in payment of principal, premium, if any, or interest or453
in the performance of any term or condition contained in any such agreement or454
instrument. The State of Georgia, on behalf of itself and each county, municipal455
corporation, political subdivision, or taxing district therein, waives any right it or such456
county, municipal corporation, political subdivision, or taxing district may have to457
prevent the forced sale or foreclosure of any property of the authority upon such default458
and agrees that any agreement or instrument encumbering such property may be459
foreclosed in accordance with law and the terms thereof;460
(10) To receive and use the proceeds of any assessment imposed by a municipal461
corporation or a county to pay the costs of any qualifying improvement or for any other462
purpose for which the authority may use its own funds pursuant to this article, including463 23 LC 47 2513S
S. B. 145 (SUB)
- 20 -
the payment of principal of, premium, if any, and interest on revenue bonds, notes, or464
other obligations of the authority;465
(11) To receive and administer gifts, grants, and devises or money and property of any466
kind and to administer trusts;467
(12) To acquire, by purchase, lease, or otherwise, and use any real property, personal468
property, or fixtures or any interest therein or to rent or lease such property to or from469
others or make contracts with respect to the use thereof, or to sell, lease, exchange,470
transfer, assign, pledge, or otherwise dispose of or grant options for any such property in471
any manner as it deems to the best advantage of the authority and the public purpose472
thereof;473
(13) To acquire, accept, or retain equitable interests, security interests, or other interests474
in any real property, personal property, or fixtures by loan agreement, note, mortgage,475
deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance,476
contract, lien, or other consensual transfer in order to secure the repayment of any477
moneys loaned or credit extended by the authority;478
(14) To establish and administer programs;479
(15) To appoint, select, and employ program administrators, accountants, fiscal agents,480
attorneys, and others and to fix their compensation and pay their expenses;481
(16) To adopt bylaws governing the conduct of business by the authority, the election482
and duties of officers of the authority, and other matters that the authority determines to483
address in its bylaws;484
(17) To exercise any power granted by the laws of this state to public or private485
corporations that is not in conflict with the public purpose of the authority; and486
(18) To do all things necessary or convenient to carry out the powers conferred by this487
article.488
(b) The powers enumerated in each paragraph of subsection (a) of this Code section are489
cumulative of and in addition to those powers enumerated elsewhere in this article, and no490 23 LC 47 2513S
S. B. 145 (SUB)
- 21 -
such power limits or restricts any other power of the authority except that, notwithstanding491
any other provision of this article, no authority described in this article shall be granted the492
power of eminent domain.493
(c) When an authority exercises its grant powers given by subsection (a) of this Code494
section, in determining compliance with Article III, Section VI, Paragraph VI(a) of the495
Constitution of Georgia, the authority may take into consideration the assessments to be496
paid by the grant recipient, as well as the substantiality of the public purpose to be achieved497
by the grant.498
36-77-9.499
(a) Revenue bonds, notes, or other obligations issued by an authority shall be paid solely500
from the property, including, but not limited to, contract rights, revenues, or other funds,501
pledged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay502
such bonds, notes, or other obligations.503
(b) All revenue bonds, notes, and other obligations shall be authorized by resolution of the504
authority, adopted by a majority vote of the directors of the authority at a regular or special505
meeting.506
(c) Revenue bonds, notes, or other obligations shall bear such date or dates; shall mature507
at such time or times, not more than 40 years from their respective dates; shall bear interest508
at such rate or rates, which may be fixed or may fluctuate or otherwise change from time509
to time; shall be subject to redemption on such terms; and shall contain such other terms,510
provisions, covenants, assignments, and conditions as the resolution authorizing the511
issuance of such bonds, notes, or other obligations may permit or provide. The terms,512
provisions, covenants, assignments, and conditions contained in or provided or permitted513
by any resolution of the authority authorizing the issuance of such revenue bonds, notes,514
or other obligations shall bind the directors of the authority then in office and their515
successors.516 23 LC 47 2513S
S. B. 145 (SUB)
- 22 -
(d) The authority shall have the power from time to time and whenever it deems it517
expedient to refund any revenue bonds, notes, or other obligations by the issuance of new518
revenue bonds, notes, or other obligations, whether or not the revenue bonds, notes, or519
other obligations to be refunded have matured, and may issue revenue bonds, notes, or520
other obligations partly to refund revenue bonds, notes, or other obligations then521
outstanding and partly for any other purpose permitted under this article. The refunding522
revenue bonds, notes, or other obligations may be exchanged for the revenue bonds, notes,523
or other obligations to be refunded, with such cash adjustments as may be agreed upon, or524
may be sold and the proceeds applied to the purchase or redemption of the revenue bonds,525
notes, or other obligations to be refunded.526
(e) There shall be no limitation upon the amount of revenue bonds, notes, or other527
obligations that an authority may issue. Any limitations with respect to interest rates or any528
maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the "Revenue529
Bond Law," the usury laws of this state, or any other laws of this state shall not apply to530
revenue bonds, notes, or other obligations of an authority.531
36-77-10.532
(a) All revenue bonds issued by an authority under this article shall be issued and validated533
under and in accordance with Article 3 of Chapter 82 of this title, the "Revenue Bond534
Law," except as provided in this article, provided that notes and other obligations of an535
authority may, but shall not be required to, be so validated.536
(b) Bonds issued by an authority may be in such form, either coupon or fully registered,537
or both coupon and fully registered, and may be subject to such exchangeability and538
transferability provisions, as the bond resolution authorizing the issuance of such bonds or539
any indenture or trust agreement may provide.540
(c) Bonds shall bear a certificate of validation. The signature of the clerk of the superior541
court of the county in which the issuing authority is located may be made on the certificate542 23 LC 47 2513S
S. B. 145 (SUB)
- 23 -
of validation of such bonds by facsimile or by manual execution, stating the date on which543
such bonds were validated, and such entry shall be original evidence of the fact of544
judgment and shall be received as original evidence in any court in this state.545
(d) In lieu of specifying the rate or rates of interest that bonds to be issued by an authority546
are to bear, the notice to the district attorney or the Attorney General; the notice to the547
public of the time, place, and date of the validation hearing; and the petition and complaint548
for validation may state that the bonds when issued will bear interest at a rate not exceeding549
a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise550
change from time to time, specified in such notices and petition and complaint or may state551
that, in the event the bonds are to bear different rates of interest for different maturity dates,552
none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or553
otherwise change from time to time, so specified; provided, however, that nothing in this554
Code section shall be construed as prohibiting or restricting the right of an authority to sell555
such bonds at a discount, even if in doing so the effective interest cost resulting therefrom556
would exceed the maximum per annum interest rate specified in such notices and in the557
petition and complaint.558
(e) The terms 'cost of the qualifying improvement' and 'cost of any qualifying559
improvement' shall have the meaning prescribed in this article whenever those terms are560
referred to in bond resolutions of an authority; in bonds, notes, or other obligations of an561
authority; or in notices or proceedings to validate such bonds, notes, or other obligations562
of an authority.563
36-77-11.564
(a) Subject to the limitations and procedures provided by this Code section and by Code565
Section 36-77-10, the agreements or instruments executed by an authority may contain566
such provisions not inconsistent with law as shall be determined by the board of directors567
of the authority.568 23 LC 47 2513S
S. B. 145 (SUB)
- 24 -
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by569
an authority shall be held and used for the ultimate purpose of paying, directly or indirectly570
as permitted in this article, all or part of the cost of any qualifying improvement, or for the571
purpose of refunding any bonds, notes, or other obligations issued in accordance with this572
article.573
(c) Issuance by an authority of one or more series of bonds, notes, or other obligations for574
one or more purposes shall not preclude it from issuing other bonds, notes, or other575
obligations in connection with the same qualifying improvement or with any other576
qualifying improvements, but the proceeding wherein any subsequent bonds, notes, or577
other obligations are issued shall recognize and protect any prior loan agreement, security578
agreement, or other agreement or instrument made for any prior issue of bonds, notes, or579
other obligations, unless in the resolution authorizing such prior issue the right is expressly580
reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity581
with such prior issue.582
(d) An authority shall have the power and is authorized, whenever bonds of the authority583
shall have been validated as provided in this article, to issue from time to time its bond584
anticipation notes in anticipation of such bonds as validated and to renew from time to time585
any such bond anticipation notes by the issuance of new bond anticipation notes, whether586
or not the bond anticipation notes to be renewed have matured. The authority may issue587
such bond anticipation notes only to provide funds that would otherwise be provided by the588
issuance of the bonds as validated. Such bond anticipation notes may be authorized, sold,589
executed, and delivered in the same manner as bonds. As with its bonds, the authority may590
sell such bond anticipation notes at public sale or at private sale. Any resolution or591
resolutions authorizing bond anticipation notes of the authority or any issue thereof may592
contain any provisions that the authority is authorized to include in any resolution or593
resolutions authorizing bonds of the authority or any issue thereof, and the authority may594
include in any bond anticipation notes any terms, covenants, or conditions that the authority595 23 LC 47 2513S
S. B. 145 (SUB)
- 25 -
is authorized to include in any bonds. Validation of such bonds shall be a condition596
precedent to the issuance of such bond anticipation notes, but it shall not be required that597
such bond anticipation notes be judicially validated. Bond anticipation notes shall not be598
issued in an amount exceeding the par value of the bonds in anticipation of which they are599
to be issued.600
36-77-12.601
No bonds, notes, or other obligations of, and no indebtedness incurred by, an authority602
shall constitute an indebtedness or obligation of the State of Georgia or of any county,603
municipal corporation, or political subdivision thereof, nor shall any act of any authority604
in any manner constitute or result in the creation of an indebtedness of this state or of any605
county, municipal corporation, or political subdivision thereof. No holder or holders of any606
such bonds, notes, or other obligations shall ever have the right to compel any exercise of607
the taxing power of this state or of any county, municipal corporation, or political608
subdivision thereof, nor to enforce the payment thereof against any property of this state609
or of any county, municipal corporation, or political subdivision.610
36-77-13.611
(a) A program shall establish a financing application and review process to evaluate such612
applications. The program shall prescribe the form and manner of the financing613
application. At a minimum:614
(1) An applicant shall demonstrate that the qualifying improvement provides a benefit615
to the public in the form of energy or water resource conservation or improved resiliency;616
(2) For an existing building:617
(A) When energy or water efficiency improvements are proposed, an applicant shall618
provide:619 23 LC 47 2513S
S. B. 145 (SUB)
- 26 -
(i) An energy or water efficiency analysis by a licensed engineering firm, engineer,620
or other qualified professional listed in the program guidebook; and621
(ii) A statement by the author of the analysis that the proposed qualifying622
improvements will result in more efficient use or conservation of energy or water, the623
reduction of greenhouse gas emissions, or the addition of renewable sources of energy624
or water; or625
(B) When resiliency improvements are proposed, an applicant shall provide626
certification by a licensed engineering firm, engineer, or other qualified professional627
listed in the program guidebook stating that the proposed qualifying improvements will628
result in improved resilience;629
(3) For new construction, an applicant shall provide certification by a licensed630
engineering firm, engineer, or other qualified professional listed in the program631
guidebook stating that the proposed qualifying improvements will enable the qualifying632
property to exceed the current building code requirements for:633
(A) Energy efficiency;634
(B) Water efficiency;635
(C) Renewable energy; or636
(D) Resilience;637
(4) An applicant shall include a certification that the person requesting the proposed638
qualifying improvements is the owner of the qualifying property and that there are no639
delinquent taxes or assessments on the qualifying property; and640
(5) An applicant must demonstrate that the proposed assessment financing meets the641
following guidelines and any other guidelines adopted by the authority, which may be in642
addition to or more restrictive than the following guidelines:643
(A) Unless a higher percentage is agreed to by the holder of a lien, mortgage, or644
security deed encumbering the qualifying property in the written consent required by645
subsection (b) of this Code section, an applicant must demonstrate that the amount of646 23 LC 47 2513S
S. B. 145 (SUB)
- 27 -
the proposed assessment and all other debt secured by the qualifying property upon647
execution of the assessment agreement will not exceed 80 percent of the fair market648
value of the qualifying property as determined by a qualified appraiser, whose appraisal649
may take into account the expected increase in fair market value of the qualifying650
property resulting from the proposed qualifying improvements, as completed or as651
stabilized;652
(B) An applicant must demonstrate that the amount of the proposed assessment653
financing will not exceed 25 percent of the fair market value of the qualifying property654
as determined by a qualified appraiser, which appraisal may take into account the655
expected increase in fair market value of the qualifying property resulting from the656
proposed qualifying improvements, as completed or as stabilized; and657
(C) An applicant must demonstrate that the period or term of the assessment financing658
will not exceed the weighted average useful life expected for the proposed qualifying659
improvements. The applicant shall include a statement from a qualified professional660
indicating the weighted average useful life expected for the proposed qualifying661
improvements.662
(b) For approved qualifying improvements, an authority may enter into an assessment663
agreement with the owner of the qualifying property to pay the cost of qualifying664
improvements. Prior to entering into an assessment agreement, an applicant shall provide665
written consent from any holder of a lien, mortgage, or security deed encumbering the666
qualifying property. Such written consent shall be signed in the sole and absolute667
discretion of the holder of a prior lien, mortgage, or security deed encumbering the668
qualifying property and, at a minimum, shall state that the holder of such prior lien,669
mortgage, or security deed has reviewed the final terms of the financing and the assessment670
agreement; that the qualifying property may participate in the program; and that the671
assessment lien shall have the same priority status as a lien for ad valorem taxes of the672
participating local government.673 23 LC 47 2513S
S. B. 145 (SUB)
- 28 -
(c) Each assessment agreement shall include:674
(1) A description of the qualifying improvements;675
(2) A statement describing the procedures for billing and collection of assessments to be676
imposed by the participating local government pursuant to an intergovernmental677
agreement, which the owner of the qualifying property shall voluntarily request to be678
imposed and shall agree to pay either directly or through an escrow account that may be679
established or increased by a prior lien holder on the qualifying property;680
(3) The total amount of the assessment;681
(4) A schedule of assessment installments requested to be imposed by the participating682
local government;683
(5) Any administrative fees to be paid to the authority or to the participating local684
government;685
(6) The number of years the assessment shall be imposed on the qualifying property; and686
(7) The conditions under which the owner of the qualifying property may prepay and687
permanently satisfy the unpaid portion of the assessment and remove the assessment lien688
from the qualifying property, including a description of the terms of any prepayment689
penalty.690
(d) An assessment agreement may authorize the owner of the qualifying property to691
contract directly, including through lease, power purchase agreement, or other service692
contract, for installing or modifying a qualifying improvement.693
(e) Upon execution of an assessment agreement by an owner of the qualifying property694
and an authority, the authority shall cause the participating local government to execute and695
record a notice of assessment in the land record of the jurisdiction in which the qualifying696
property is located, in accordance with Article 3 of this chapter.697
(f) No authority described in this article shall grant any capital provider the exclusive right698
to provide financing or refinancing on a program-wide basis. It is the intent of this699
subsection to enable owners of qualifying properties to recommend to authorities the700 23 LC 47 2513S
S. B. 145 (SUB)
- 29 -
capital providers to finance or refinance the qualifying improvements owned or to be701
owned by such qualifying property owners.702
36-77-14.703
A municipal corporation, a county, or any number of counties and municipal corporations704
shall have the right to activate an authority under this article, notwithstanding the existence705
of any other development authority within the county or municipal corporation created706
pursuant to any general law or amendment to the Constitution of this state. Nothing in this707
article shall be construed as repealing, amending, superseding, or altering the organization708
of or abridging the powers of such authorities as are now in existence.709
36-77-15.710
This article shall be liberally construed to effect the purposes hereof. The offer, sale, or711
issuance of bonds, notes, or other obligations by an authority shall not be subject to712
regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008." No713
notice, proceeding, or publication except those required by this article shall be necessary714
to the performance of any act authorized by this article, nor shall any such act be subject715
to referendum.716
36-77-16.717
(a) Except as otherwise provided in this Code section, an authority created pursuant to this718
article shall have perpetual existence.719
(b) If an authority does not have any outstanding undischarged obligations, the authority720
may be dissolved as provided in this subsection. If the authority was activated for a single721
county or municipal corporation as provided in subsection (a) of Code Section 36-77-5, the722
authority may be dissolved by adoption of an appropriate resolution by the governing body723
of such county or municipal corporation. If the authority was activated for two or more724 23 LC 47 2513S
S. B. 145 (SUB)
- 30 -
counties or municipal corporations as provided in subsection (b) of Code Section 36-77-5,725
the authority may be dissolved by the adoption of appropriate concurrent resolutions by the726
governing bodies of all such counties or municipal corporations.727
(c) If an authority previously activated for a single county or municipal corporation is so728
dissolved, all assets, rights, and undischarged obligations of the former authority shall729
devolve to the parent county or municipal corporation. If an authority previously activated730
for two or more counties or municipal corporations is so dissolved, all assets and731
undischarged obligations of the former authority shall devolve to the parent counties or732
municipal corporations in such proportions and manner as shall be specified in the733
appropriate concurrent resolutions dissolving the authority.734
(d) When an authority is dissolved as provided in this Code section, it shall cease to exist735
as of the effective date specified in the appropriate resolution or resolutions. The736
dissolution of an authority, however, shall not prevent the subsequent activation of a new737
authority under this article for the same counties or municipal corporations, in the same738
manner as otherwise specified in this article.739
ARTICLE 3740
36-77-20.741
This article shall be known and may be cited as the 'Commercial Property Assessed742
Conservation, Energy, and Resiliency Cooperation Law.'743
36-77-21.744
The General Assembly finds that it is in the public interest and vital to the public welfare745
of the people of the State of Georgia, and it is declared to be the intent of this article, to746
authorize municipal corporations and counties to enact ordinances or resolutions to747
establish commercial property assessed conservation, energy, and resiliency programs and748 23 LC 47 2513S
S. B. 145 (SUB)
- 31 -
to enter into agreements with commercial property assessed conservation, energy, and749
resiliency development authorities to carry out such programs, all for the purpose of750
developing trade, commerce, industry, and employment opportunities. It is found and751
declared that the assistance provided in this article for the purposes set forth in Article 2752
of this chapter constitutes a public use and purpose and an essential governmental function753
for which public moneys may be spent and that the provisions hereinafter enacted are754
necessary in the public interest.755
36-77-22.756
(a) For the purpose of aiding and cooperating in the planning, undertaking, constructing,757
or carrying out of qualifying improvements located within the area in which it is authorized758
to act, any municipal corporation or county, upon such terms, with or without759
consideration, as it may determine, may:760
(1) Enter into intergovernmental agreements with an authority respecting action to be761
taken by such municipal corporation or county pursuant to any of the powers granted by762
this article, including the furnishing of funds or other assistance in connection with763
qualifying improvements, provided that the obligations of any such municipal corporation764
or county under any such intergovernmental agreement shall be limited obligations765
payable solely from assessments;766
(2) Do any and all things necessary or convenient to aid or cooperate in the planning,767
undertaking, constructing, and carrying out of qualifying improvements; and768
(3) Grant or contribute assessments to an authority or agree to take such action.769
(b) Any participating local government shall have the power to impose, bill, and collect770
assessments and to pledge and assign assessments to an authority to secure its obligations771
under an intergovernmental agreement.772
(c) Pursuant to Code Section 36-77-13, an authority may enter into an assessment773
agreement with an owner of qualifying property for qualifying improvements, under which774 23 LC 47 2513S
S. B. 145 (SUB)
- 32 -
such owner voluntarily agrees to the imposition of assessments under this article. After an775
assessment agreement is entered into, and upon notice from the authority, a participating776
local government shall have the power to execute and record a notice of assessment on the777
subject property in the real property records of the relevant county. Such notice of778
assessment shall contain:779
(1) The principal amount of the assessment;780
(2) The legal description of the property;781
(3) The name of each property owner;782
(4) A copy of the assessment agreement, including a schedule of assessments to be783
imposed by the participating local government; and784
(5) A reference to subsection (d) of this Code section authorizing the creation of an785
assessment lien to secure an assessment imposed under this article.786
(d) An assessment imposed by a participating local government under this article:787
(1) Is a lien against the property on which the assessment is imposed, from the date on788
which the notice of assessment is recorded until the assessment, interest, and penalties789
are paid in full; and790
(2) Has the same priority status as a lien for ad valorem taxes levied by the participating791
local government.792
(e) The assessment lien created under this article runs with the land and that portion of the793
assessment that is not yet due may not be accelerated or eliminated by foreclosure of a794
property tax lien or other lien.795
(f) Assessments imposed under this article shall be billed and collected in installments in796
the same manner, by the same tax collector, and at the same times as ad valorem taxes797
levied by the participating local government are billed and collected. The tax collector may798
include any assessment installment as a separate line item on an ad valorem tax bill or may799
send a separate bill for any assessment installment. All proceeds of assessment800
installments received by a participating local government that are subject to a pledge801 23 LC 47 2513S
S. B. 145 (SUB)
- 33 -
created in an intergovernmental agreement shall be remitted to the applicable authority802
pursuant to the terms of the intergovernmental agreement.803
(g) A delinquent assessment installment that is unpaid when due shall incur interest and804
penalties in the same manner as delinquent ad valorem taxes and shall be enforced by the805
participating local government in the same manner as its ad valorem tax liens. All806
proceeds from enforcing a delinquent assessment installment and related penalties and807
interest received by a participating local government that are subject to a pledge created in808
an intergovernmental agreement shall be remitted to the applicable authority pursuant to809
the terms of the intergovernmental agreement.810
(h) Subject to an intergovernmental agreement, a participating local government may811
charge fees that shall reflect the reasonable costs of the participating local government for812
its actions under this article and that shall be added to the assessment.813
(i) Assessments shall not count against the tax limitations contained in paragraph (20) of814
Code Section 48-5-220 or Code Section 48-5-350.815
36-77-23.816
The exercise by a participating local government of the powers granted by this article may817
be authorized by resolution of the governing body of such participating local government.818
The resolution shall be adopted by a majority of the members of the governing body819
present at a meeting of such governing body, which resolution may be adopted at the820
meeting at which such resolution is introduced. Such a resolution or resolutions shall take821
effect immediately and need not be laid over or published or posted."822
PART V823
SECTION 5-1.824
Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general825
provisions regarding public utilities and public transportation, is amended by revising Code826 23 LC 47 2513S
S. B. 145 (SUB)
- 34 -
Section 46-1-6, relating to governmental entities prohibited from restricting utility service827
connection or sale of fuels based on type and the ability to choose utility service, as follows:828
"46-1-6.829
(a) As used in this Code section, the term:830
(1) 'Governmental entity' means any:831
(A) Municipality, public corporation, political subdivision, instrumentality, body832
politic, authority, district, consolidated government, county, or any board, commission,833
agency, department, or board of any such entity;834
(B) State board, commission, agency, department, or board; or835
(C) Other form of government.836
(2) 'Policy' means an ordinance, resolution, regulation, code, or any other requirement837
imposed by a governmental entity.838
(b) No governmental entity of this state shall adopt any policy that restricts or prohibits,839
or has the effect of restricting or prohibiting, based on the type or source of energy or fuel840
to be delivered or the appliance to be used:841
(1) The connection or reconnection of a customer to an electric utility, gas company, or842
natural, manufactured, or liquefied petroleum gas service;843
(2) Sales of liquefied petroleum gas, including, but not limited to, directly to a consumer844
by a retail establishment; or845
(3) Sales of other liquefied petroleum products.846
(c) Nothing in this Code section shall limit the ability of a governmental entity to choose847
utility services for properties owned by such governmental entity."848 23 LC 47 2513S
S. B. 145 (SUB)
- 35 -
PART VI849
SECTION 6-1.850
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public851
transportation, is amended by revising subsection (b) of Code Section 46-4-164, relating to852
construction of article, electric membership corporations and EMC gas affiliates, and853
liquefied petroleum gas, as follows:854
"(b) Notwithstanding any provision of law to the contrary, including, without limitation,855
Article 4 of Chapter 3 of this title, an electric membership corporation may make and856
maintain investments in, lend funds to, and guarantee the debts and obligations of an EMC857
gas affiliate in total not to exceed 15 30 percent of such electric membership corporation's858
net utility plant, excluding electric generation and transmission assets as defined by the859
Federal Energy Regulatory Commission Uniform System of Accounts in effect at the time860
of such investment, loan, or guarantee, provided that any such investments or loans shall861
not reflect rates which are generally available through the use of any tax exempt financing862
and may not be tied to any loans from or guaranteed by the federal or state government;863
and an EMC gas affiliate of an electric membership corporation organized and operating864
pursuant to Article 4 of Chapter 3 of this title may apply for and be granted a certificate of865
authority to provide any service as authorized under this article. The creation,866
capitalization, or provision of management for:867
(1) An EMC gas affiliate engaged in activities subject to the provisions of this article and868
the rules and regulations established by the commission; or869
(2) Other persons providing customer services shall be deemed to be among the purposes870
of an electric membership corporation as specified in paragraphs (2) and (3) of Code871
Section 46-3-200. Nothing in this article shall be deemed to increase or decrease the872
authority and jurisdiction of the commission with respect to such electric membership873 23 LC 47 2513S
S. B. 145 (SUB)
- 36 -
corporation except as to gas activities undertaken by the electric membership corporation874
or its EMC gas affiliate as authorized under this chapter."875
PART VII876
SECTION 7-1.877
(a) This part and Parts I, II, IV, V, and VI of this Act shall become effective upon its878
approval by the Governor or upon its becoming law without such approval.879
(b) Part III of this Act shall become effective on July 1, 2023, and shall apply to all zoning880
and quasi-judicial decisions occurring on and after that date; however, no zoning or881
quasi-judicial decision prior to July 1, 2024, shall be rendered invalid or void because of a882
local government's failure to implement language in their ordinances accomplishing the883
provisions of Code Section 36-66-5.1.884
SECTION 7-2.885
All laws and parts of laws in conflict with this Act are repealed.886