25 LC 47 3380
House Bill 513
By: Representatives LaHood of the 175
th
, Anderson of the 10
th
, Burchett of the 176
th
, Corbett
of the 174
th
, and Prince of the 132
nd
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated,
1
relating to service delivery, so as to revise provisions related to the county share of funding2
for jointly funded county-wide services be borne by unincorporated residents; to provide for3
annual reports thereof; to provide for related matters; to provide for an effective date; to4
repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to8
service delivery, is amended by revising Code Section 36-70-24, relating to criteria for9
service delivery strategy, as such Code section becomes effective on January 1, 2026, as10
follows:11
"36-70-24.12
In the development of a service delivery strategy, the following criteria shall be met:13
(1) The strategy shall promote the delivery of local government services in the most14
efficient, effective, and responsive manner. The strategy shall identify steps which will15
be taken to remediate or avoid overlapping and unnecessary competition and duplication16
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of service delivery and shall identify the time frame in which such steps shall be taken.
17
When a municipality provides a service at a higher level than the base level of service18
provided throughout the geographic area of the county by the county, such service shall19
not be considered a duplication of the county service;20
(2)(A) The strategy shall provide that water or sewer fees charged to customers located21
outside the geographic boundaries of a service provider shall not be arbitrarily higher22
than the fees charged to customers receiving such service which are located within the23
geographic boundaries of the service provider.24
(B) If a governing authority disputes the reasonableness of water and sewer rate25
differentials imposed within its jurisdiction by another governing authority, that26
disputing governing authority may hold a public hearing for the purpose of reviewing27
the rate differential. Following the preparation of a rate study by a qualified engineer,28
the governing authority may challenge the arbitrary rate differentials on behalf of its29
residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall30
be submitted to some form of alternative dispute resolution;31
(3)(A) The strategy shall ensure that the cost of any service which a county provides32
primarily for the benefit of the unincorporated area of the county shall be borne by the33
unincorporated area residents, individuals, and property owners who receive the34
service. Further, when the county and one or more municipalities jointly fund a35
county-wide service, the county share of such funding shall be borne by the36
unincorporated residents, individuals, and property owners that receive the service.37
(B) Such funding shall be derived from:38
(i) Any one or more of the following sources:
39
(i)(I) Special service districts created by the county in which ad valorem property40
taxes, assessments, or user fees are levied or imposed;41
(ii)(II) Grants;42
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(iii)(III) Any one or more of the following taxes and fees: solid waste franchise43
fees, cable Cable franchise fees, alcohol excise taxes, alcohol licensing fees,44
financial institution taxes, hotel-motel taxes, occupation taxes, railroad equipment45
taxes, insurance premium taxes, rental car excise taxes, impact fees, stormwater46
fees, zoning fees, or title ad valorem taxes, but excluding any amounts of such taxes47
or and fees to the extent such amount is derived from incorporated areas of the48
county; and49
(iv)(IV) Revenues apportioned to the county as part of an intergovernmental50
agreement from the county and one or more municipalities; or51
(v)(ii) Through such other mechanism agreed upon by the parties approving the52
strategy which complies with the intent of subparagraph (A) of this paragraph; and.53
(C)(i) The strategy shall require the county to provide an annual report to each party54
to the strategy that:55
(I) Identifies the total amount of funds received by the county from the funding56
sources utilized under division (i) or (ii) of subparagraph (B) of this paragraph for57
the provision of county services provided primarily for the benefit of the58
unincorporated area of the county and the county's share of any countywide service59
funded with one or more municipalities; and60
(II) The total cost to the county of providing the services described in61
subdivision (I) of this division.62
(ii) The provisions of this subparagraph shall not require any party to the strategy to63
establish separate accounts for such funds; and64
(4)(A) Local governments within the same county shall, if necessary, amend their land65
use plans so that such plans are compatible and nonconflicting, or, as an alternative,66
they shall adopt a single land use plan for the unincorporated and incorporated areas of67
the county.68
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(B) The provision of extraterritorial water and sewer services by any jurisdiction shall
69
be consistent with all applicable land use plans and ordinances."70
SECTION 2.71
This Act shall become effective on January 1, 2026.72
SECTION 3.73
All laws and parts of laws in conflict with this Act are repealed.74
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