Georgia 2025-2026 Regular Session

Georgia Senate Bill SB368 Latest Draft

Bill / Introduced Version Filed 03/31/2025

                            25 LC 47 3655
Senate Bill 368
By: Senator Ginn of the 47th 
A BILL TO BE ENTITLED
AN ACT
To create the Northeast  Regional Water Authority; to provide a short title; to authorize such
1
authority to acquire or construct regional water supply reservoirs; to operate and maintain2
self-liquidating projects embracing sources of water supply and the distribution and sale of3
water and other related facilities to individuals, public and private corporations, and political4
subdivisions; to provide for the membership and for appointment of members of the5
authority; to provide for quorums; to provide for the selection of officers; to provide6
definitions; to provide for the purpose of the authority; to confer and limit powers and7
impose duties on the authority; to authorize the authority to contract with others pertaining8
to the water utilities and facilities and to execute leases and all undertakings deemed9
necessary or convenient for the operation of such undertakings or projects; to provide for10
payments to site jurisdictions; to provide for the addition and withdrawal of member political11
subdivisions; to provide contracting guidelines; to authorize the issuance of revenue bonds12
or certificates of the authority payable from the revenues, tolls, fees, charges, and earnings13
of the authority and to pay the cost of such undertakings or projects; to provide for14
application of the "Revenue Bond Law"; to authorize the collection and pledging of the15
revenues and earnings of the authority for the payment of such bonds or certificates; to16
authorize the execution of trust indentures to secure the payment thereof and to define the17
rights of the holders of such obligations; to provide for the authority to condemn property of18
S. B. 368
- 1 - 25 LC 47 3655
every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or
19
jurisdiction of actions relating to any provisions of this Act; to provide for financial20
statements and audit reports; to provide that powers provided are supplemental; to provide21
tort immunity; to provide for liberal construction; to preserve powers of other political22
subdivisions and authorities; to provide for severability; to repeal conflicting laws; and for23
other purposes.24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25
SECTION 1.26
Short title.27
This Act shall be known and may be cited as the "Northeast  Regional Water Authority Act."28
SECTION 2.29
Northeast  Regional Water Authority.30
(a)  There is created a body corporate and politic, to be known as the Northeast  Regional31
Water Authority, which shall be deemed to be a political subdivision of the State of Georgia32
and a public corporation, and by that name, style, and title said body may contract and be33
contracted with, bring and defend actions, sue and be sued, implead and be impleaded, and34
complain and defend in all courts.  Unless the number of member entities of the authority is35
increased or decreased as provided for in this Act, the authority shall consist of six members36
as follows:37
(1)  One member to be appointed by the governing authority of Banks County;38
(2)  One member to be appointed by the governing authority of Franklin County;39
(3)  One member to be appointed by the governing authority of Madison County; 40
S. B. 368
- 2 - 25 LC 47 3655
(4)  One member to be appointed by the governing authority of the City of Commerce; 
41
(5)  One member to be appointed by the governing authority of the City of Elberton; and42
(6)  One member to be appointed by the governing body of the Jackson County Water43
and Sewer Authority.44
In the event that one or more additional member entities join the authority as provided for45
in Section 9 of this Act, the governing authority or body of each such additional member46
entities shall appoint one member to the authority.  In the event a member entity exercises47
its option to withdraw from the authority, the member appointed by such member entity shall48
cease to serve on the authority on the date that such withdrawal becomes effective.49
(b)  A majority of the total votes of the members of the authority shall constitute the quorum 50
necessary for a meeting of the authority.  Any vacancy in the position of a member appointed51
by a governing authority or body shall be filled by such governing authority or body.  No52
vacancy on the authority shall impair the right of the quorum to exercise all the rights and53
perform all the duties of the authority. The members of the authority shall elect a54
chairperson and vice chairperson from among its members and shall also elect a55
secretary-treasurer who need not be a member of the authority.  The members of the56
authority shall determine their compensation for serving in such capacities. The authority57
shall make rules and regulations for its own government.  It shall have perpetual existence.58
SECTION 3.59
Definitions.60
(a)  As used in this Act, the term:61
(1)  "Authority" means the Northeast  Regional Water Authority created by Section 2 of62
this Act.63
(2)  "Cost of the project" means the cost of construction, the cost of all lands, properties,64
rights, easements, and franchises acquired, the cost of all machinery and equipment,65
S. B. 368
- 3 - 25 LC 47 3655
financing charges, interest prior to and during construction and for six months after
66
completion of construction, the cost of engineering, architectural and legal expenses, the67
cost of plans and specifications, and other expenses necessary or incident to determining68
the feasibility or practicability of the project, administrative expense, and such other69
expenses as may be necessary or incident to the financing authorized in this Act, the70
construction of any project, the placing of the same in operation, and the condemnation71
of property necessary for such construction and operation.  Any obligation or expense72
incurred for any of the foregoing purposes shall be regarded as part of the cost of the73
project and may be paid or reimbursed as such out of the proceeds of revenue bonds74
issued under the provisions of this Act for such project.75
(3)  "Member entity" means Banks County, Franklin County, Madison County, the City76
of Commerce, the City of Elberton, and the Jackson County Water and Sewer Authority,77
provided that political subdivisions may join or withdraw from the authority as provided78
for in Section 9 of this Act.  Any political subdivision added shall be a member entity79
upon the final approval of its membership as provided for in Section 9. Upon80
withdrawing as provided for in Section 9 a political subdivision shall no longer be a81
member entity.82
(4)  "Northeast  region" or "region" means the geographic area composed of Banks,83
Elbert, Franklin, Jackson, and Madison counties.84
(5)  "Project" means and includes the acquisition, construction, and operation of one or85
more regional water reservoirs, the acquisition of real property surrounding such86
reservoirs, contracting with the United States Army Corps of Engineers to access water87
resources, and all necessary and usual water facilities useful for obtaining one or more88
sources of water supply, the treatment of water, and the distribution and sale of water to89
users and consumers, including counties and municipalities for the purpose of resale,90
inside and outside the territorial boundaries of the member entities, and the operation,91
maintenance, additions, improvements, and extensions of such facilities so as to assure92
S. B. 368
- 4 - 25 LC 47 3655
an adequate water utility system deemed by the authority to be necessary or convenient
93
for the efficient operation of such type of undertaking, all in accordance with any94
applicable state-wide or regional water plan adopted pursuant to Article 8 of Chapter 595
of Title 12 of the O.C.G.A., the "Comprehensive State-wide Water Management Planning96
Act."  "Project" shall also mean and include the acquisition, construction, and operation97
of recreational facilities on and around any regional water reservoir, the acquisition of98
real property surrounding such reservoir for such recreational facilities, the establishment99
of a permitting system for recreational activities, the collection of fees and rentals for100
permitting recreational activities, and the establishment of rules and regulations101
prohibiting, permitting, and governing recreational activities.102
(6)  "Public authority" means any entity which is created by the laws of this state, which103
is designated as an authority, and which provides services or facilities to the public.104
(7)  "Revenue bonds" and "bonds" mean revenue bonds and certificates as defined and105
provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond106
Law," and such type of obligations may be issued by the authority as authorized under107
said article.108
(8)  "Site jurisdiction" means any municipality or county within which the authority109
causes to be located a reservoir or any facility or improvement for which property is110
acquired, by condemnation or purchase, in fee simple.111
(b)  Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the112
revenues and earnings to be derived by the authority therefrom will be sufficient to pay the113
cost of operating, maintaining, repairing, improving, and extending the project and to pay the114
principal and interest of the revenue bonds that may be issued for the cost of such project or115
projects.116
S. B. 368
- 5 - 25 LC 47 3655
SECTION 4.
117
Purpose of the authority.118
Without limiting the generality of any provisions of this Act, the general purpose of the119
authority is declared to be that of:120
(1)  Acquiring an adequate source or sources of water supply, treatment of such water, 121
and thereafter the distribution of such water to the Northeast  region and the various122
counties, municipalities, and political subdivisions in said region; and123
(2)  Providing, as the authority deems appropriate, recreational services and facilities124
upon the lands and waters owned or controlled by the authority.125
Such general purpose shall not restrict the authority from selling and delivering water126
directly to consumers in those areas where water distribution systems do not now exist and127
where neither any county, municipality, nor political subdivision deems it desirable or128
feasible to furnish water in such locality.129
SECTION 5.130
Powers.131
The authority is authorized:132
(1)  To have a seal and alter the seal at pleasure;133
(2)  To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and134
personal property of every kind and character for its corporate purposes;135
(3)  To acquire in its own name by purchase on such terms and conditions and in such136
manner as it may deem proper, or by condemnation in accordance with the provisions of137
any and all existing laws applicable to the condemnation of property for public use, real138
property, rights, or easements therein or franchises necessary or convenient for its139
corporate purposes, to use the same so long as its corporate existence shall continue, and140
S. B. 368
- 6 - 25 LC 47 3655
to lease or make contracts with respect to the use of or to dispose of the same in any
141
manner it deems to the best advantage of the authority, the authority being under no142
obligation to accept and pay for any property condemned under this Act except from the143
funds provided under the authority of this Act; in any proceedings to condemn, such144
orders may be made by the court having jurisdiction of the suit, action, or proceedings145
as may be just to the authority and to the owners of the property to be condemned; and146
no property shall be acquired under the provisions of this Act upon which any lien or147
other encumbrance exists, unless at the time such property is so acquired a sufficient sum148
of money is deposited in trust to pay and redeem the fair value of such lien or149
encumbrance;150
(4) To appoint, select, and employ officers, agents, and employees, including151
engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix152
their respective compensation;153
(5)  To make contracts and leases and to execute all instruments necessary or convenient154
for purposes of the authority, including, but not limited to, contracts for design,155
construction, or operation of projects and leases of projects or contracts with respect to156
the use of projects which it causes to be erected or acquired, and any and all persons,157
firms, and corporations and any and all political subdivisions, departments, institutions,158
or agencies of the state are authorized to enter into contracts, leases, or agreements with159
the authority upon such terms and for such purposes as they deem advisable; and, without160
limiting the generality of the above, authority is specifically granted to municipal161
corporations, counties, public authorities, and the authority to enter into contracts, lease162
agreements, or other undertakings relative to the refurnishing of water, water facilities,163
and related services, as well as to the furnishing of recreation, recreational facilities, and164
related services, by the authority to such municipal corporations, counties, and public165
authorities or relative to the furnishing of water or recreational facilities and services or166
both by municipal corporations, counties, public authorities, corporations, or individuals167
S. B. 368
- 7 - 25 LC 47 3655
to the authority for a term not to exceed the term authorized by the Georgia Constitution
168
or law for intergovernmental contracts.  Without limiting the generality of the foregoing,169
the authority is specifically authorized to enter into contracts with the Water Supply170
Division of the Georgia Environmental Facilities Authority in accordance with Article171
6 of Chapter 5 of Title 12 of the O.C.G.A., the "Georgia Water Supply Act of 2008," for172
the purposes stated therein;173
(6)  To construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend,174
improve, equip, operate, and manage projects as defined in paragraph (6) of Section 3 of175
this Act; the cost of any such project shall be paid in whole or in part from the proceeds176
and revenue bonds of the authority; from such proceeds and any grant from the United177
States of America, the State of Georgia, any agency, authority, or instrumentality thereof;178
or from a private party;179
(7)  To contract with the United States Army Corps of Engineers to access to water180
resources;181
(8)  To purchase water from other sources, public or private, for distribution and sale to182
water users and consumers;183
(9)  To accept loans and grants of money, materials, or property of any kind from the184
United States of America, the State of Georgia, or any agency, authority, or185
instrumentality thereof upon such terms and conditions as the United States of America,186
the State of Georgia, or such agency, authority, or instrumentality may impose;187
(10)  To borrow money for any of its corporate purposes, to issue negotiable revenue188
bonds payable solely from funds pledged for that purpose, and to provide for the payment189
of the same and for the rights of the holders thereof;190
(11) To exercise any power which is usually possessed by private corporations191
performing similar functions and which is not in conflict with the Constitution and laws192
of this state; and193
S. B. 368
- 8 - 25 LC 47 3655
(12)  To do all things necessary or convenient to carry out the powers expressly given in
194
this Act.195
SECTION 6.196
Limitations of power.197
The authority shall:198
(1)  Not obligate any member entity to issue or guarantee revenue bonds, nor shall the199
authority bind the member entity to any capital indebtedness contract until that member200
entity has approved such issuance or guarantee of an indebtedness contract or revenue201
bonds by official action or vote as may be required by law;202
(2)  Provide for, in a manner consistent with and subject to all state and federal laws and203
regulations, provide for stream withdrawal rights among member entities prior to the204
funding of any reservoir project; and205
(3)  Only distribute water on a wholesale basis to member entities and other retail water206
providers and shall not be authorized to provide or undertake retail water distribution207
services.208
SECTION 7.209
Services to member entities.210
The authority shall provide water services and facilities to each member entity so long as211
such political subdivision remains a member entity.212
S. B. 368
- 9 - 25 LC 47 3655
SECTION 8.
213
Payments to site jurisdictions.214
The authority shall be authorized to make an annual payment on or before November 15 of215
each year to any site jurisdiction within which is constructed a reservoir or any facility or216
improvement for which property is acquired, by condemnation or purchase, by the authority217
in fee simple.  If such payment is made, the amount shall be at least equal to the ad valorem218
taxes which would be paid by a nonexempt property owner calculated as follows: the value219
of the property for ad valorem tax purposes shall be established based upon the average220
per-acre value for agriculturally assessed property within the site jurisdiction for the current221
tax year, using the millage rate adopted for the current tax year. The authority shall be further222
authorized to make an additional payment to the site jurisdiction based on the value of223
improvements or facilities constructed on property acquired in fee simple within such224
jurisdiction or an additional payment made on some other basis.225
SECTION 9.226
Addition or withdrawal of member political subdivisions.227
(a)  Any county adjacent to, or any municipality located within, one or more of the member228
entities or Jackson County may request to join the authority as a member entity. 229
Applications to become a member entity must be approved by a two-thirds' vote of the230
authority and shall be conditioned upon the political subdivision agreeing to such terms and231
conditions required by the authority to ensure that the addition of the political subdivision232
does not disadvantage the current member entities. Political subdivisions joining the233
authority pursuant to this section may be required by the authority to provide financial234
support for, or buy into, any existing or proposed projects or obligations of the authority.235
S. B. 368
- 10 - 25 LC 47 3655
(b)  The governing authority or body of any member entity may withdraw from the authority
236
by adopting a resolution, at any time, declaring that such political subdivision shall not be237
a member entity under this Act.  Such withdrawal by any member entity from the authority238
shall not affect any previously incurred obligations with respect to the issuance of or payment239
of any bonds, certificates, or other obligations of the authority incurred during such political240
subdivision's membership in the authority.241
SECTION 10.242
Public works construction contracts.243
Public works construction projects of the authority, as defined in Chapter 91 of Title 36 of244
the O.C.G.A., the "Georgia Local Government Public Works Construction Law," shall be245
subject to the provisions of said chapter.246
SECTION 11.247
Revenue bonds.248
The authority, or any authority or body which may in the future succeed to the powers,249
duties, and liabilities vested in the authority created by this Act, is authorized, at one time or250
from time to time, to provide by resolution for the issuance of negotiable revenue bonds of251
the authority, for the purpose of paying all or any part of the cost of any one or more projects. 252
Revenue bonds shall be undertaken, issued, priced, validated, sold, paid, redeemed, refunded,253
secured, and replaced in accordance with the provisions of this Act.254
S. B. 368
- 11 - 25 LC 47 3655
SECTION 12.
255
Revenue bonds; conditions precedent to issuance.256
The authority shall adopt a resolution authorizing the issuance of the revenue bonds.  In the257
resolution, the authority shall determine that the project financed with the proceeds of such258
revenue bonds is self-liquidating. Revenue bonds may be issued without any other259
proceedings or the happening of any other conditions or things other than those proceedings,260
conditions, and things which are specified or required by this Act.  Any resolution providing261
for the issuance of revenue bonds under the provisions of this Act shall become effective262
immediately upon its passage and need not be published or posted, and any such resolution263
may be passed at any regular or special meeting of the authority by a majority of its members264
present and voting.265
SECTION 13.266
Credit not pledged.267
Revenue bonds of the authority shall not be deemed to constitute a debt of any member268
entity, any other county, municipality, local authority, or political subdivision in the region269
that is not a member entity, or the State of Georgia, nor a pledge of the faith and credit of this270
state or such county or municipality, but such revenue bonds shall be payable solely from the271
fund hereinafter provided for.  The issuance of such revenue bonds shall not directly,272
indirectly, or contingently obligate this state or such county or municipality to levy or pledge273
any form of taxation whatsoever for payment of such revenue bonds or to make any274
appropriation for their payment, and all such revenue bonds shall contain recitals on their275
face covering substantially the foregoing provisions of this section.  Notwithstanding the276
foregoing provisions, this Act shall not affect the ability of the authority and any political277
subdivision to enter into an intergovernmental contract pursuant to which the political278
S. B. 368
- 12 - 25 LC 47 3655
subdivision agrees to pay amounts sufficient to pay operating charges and other costs of the
279
authority or any project including, without limitation, the principal of and interest on revenue280
bonds in consideration for services or facilities of the authority.281
SECTION 14.282
Trust indenture as security.283
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust284
indenture by and between the authority and a corporate trustee, which may be any trust285
company or bank having the powers of a trust company within or without this state.  Either286
the resolution providing for the issuance of the revenue bonds or such trust indenture may287
contain such provisions for protecting and enforcing the rights and remedies of the288
bondholders as may be reasonable and proper and not in violation of law, including289
covenants setting forth the duties of the authority in relation to the acquisition and290
construction of the project, the maintenance, operation, repair, and insuring of the project,291
and the custody, safeguarding, and application of all money.292
SECTION 15.293
Trust indenture as security; remedies of bondholders.294
Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the295
extent that the rights given herein may be restricted by resolution passed before the issuance296
of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action,297
mandamus, or other proceedings, protect and enforce any and all rights it may have under298
the laws of the state, including specifically, but without limitation, the Revenue Bond Law,299
or granted hereunder or under such resolution or trust indenture and may enforce and compel300
performance of all duties required by this Act or by such resolution or trust indenture to be301
S. B. 368
- 13 - 25 LC 47 3655
performed by the authority or any officer thereof, including the fixing, charging, and
302
collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and303
services furnished.304
SECTION 16.305
Trust indenture as security; validation.306
Revenue bonds and the security therefor shall be issued, confirmed, and validated in307
accordance with the provisions of the Revenue Bond Law.  The petition for validation shall308
also make a member entity or member entities party defendant to such action if such political309
subdivision or subdivisions have contracted with the authority for services or facilities310
relating to the project for which revenue bonds are to be issued and sought to be validated,311
and such defendant shall be required to show cause, if any exists, as to why such contract or312
contracts shall not be adjudicated as a part of the basis for the security for the payment of any313
such revenue bonds.  The revenue bonds, when validated, and the judgment of validation314
shall be final and conclusive with respect to such revenue bonds and the security for the315
payment thereof and interest thereon and against the authority and all other defendants.316
SECTION 17.317
To whom proceeds of bonds shall be paid.318
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the319
authority shall provide for the payment of the proceeds of the sale of the revenue bonds to320
any officer or person who, or any agency, bank, or trust company which, shall act as trustee321
of such funds and shall hold and apply the same to the purposes thereof, subject to such322
regulations as this Act and such resolution or trust indenture may provide.323
S. B. 368
- 14 - 25 LC 47 3655
SECTION 18.
324
Sinking fund.325
The money received pursuant to an intergovernmental contract and the revenues, fees, tolls,326
fines, charges, and earnings derived from any particular project or projects, regardless of327
whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a328
particular project for which revenue bonds have been issued, unless otherwise pledged and329
allocated, may be pledged and allocated by the authority to the payment of the principal and330
interest on revenue bonds of the authority as the resolution authorizing the issuance of the331
revenue bonds or the trust indenture may provide.  Such funds so pledged from whatever332
source received may be set aside at regular intervals as may be provided in such resolution333
or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged334
with the payment of:335
(1)  The interest upon such revenue bonds as the same shall fall due;336
(2)  The principal or purchase price of such revenue bonds as the same shall fall due; 337
(3)  Any premium upon such revenue bonds as the same shall fall due;338
(4)  The purchase of such revenue bonds in the open market; and339
(5)  The necessary charges of the paying agent for paying principal and interest.340
The use and disposition of such sinking fund shall be subject to such regulations as may be341
provided in the resolution authorizing the issuance of the revenue bonds or in the trust342
indenture, but, except as may otherwise be provided in such resolution or trust indenture,343
such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds344
without distinction or priority of one over another.345
S. B. 368
- 15 - 25 LC 47 3655
SECTION 19.
346
Venue and jurisdiction.347
Any action to protect or enforce any rights under this Act or under Article 3 of Chapter 82348
of Title 36 of the O.C.G.A., the "Revenue Bond Law," or any suit or action against the349
authority shall be brought in any superior court with jurisdiction over a member entity, and350
any action pertaining to validation of any bonds issued under this Act shall likewise be351
brought in said court, which shall have jurisdiction of such actions.352
SECTION 20.353
Interest of bondholders protected.354
While any of the revenue bonds issued by the authority remain outstanding, the powers,355
duties, or existence of such authority or its officers, employees, or agents shall not be356
diminished or impaired in any manner that will affect adversely the interests and rights of the357
holders of such revenue bonds; and no other entity, department, agency, or authority shall358
be created which will compete with the authority to such an extent as to affect adversely the359
interests and rights of the holders of such revenue bonds, nor shall the state itself so compete360
with the authority.  The provisions of this Act shall be for the benefit of the authority and the361
holders of any such revenue bonds, and, upon the issuance of such revenue bonds under the362
provisions of this Act, shall constitute a contract with the holders of such revenue bonds.363
S. B. 368
- 16 - 25 LC 47 3655
SECTION 21.
364
Moneys received considered trust funds.365
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale366
of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall367
be deemed to be trust funds to be held and applied solely as provided in this Act.368
SECTION 22.369
Rates, charges, and revenues; use.370
The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to371
revise from time to time and collect such rates, fees, tolls, or charges for the services,372
facilities, or commodities furnished and, in anticipation of the collection of the revenues of373
such undertaking or project, to issue revenue bonds as provided in this Act to finance in374
whole or in part the cost of the acquisition, construction, reconstruction, improvement,375
betterment, or extension of a project and to pledge to the punctual payment of said bonds and376
interest thereon all or any part of the revenues of such undertakings or projects, including the377
revenues of improvements, betterments, or extensions thereafter made.378
SECTION 23.379
Rules and regulations for operation of projects.380
It shall be the duty of the authority to prescribe rules and regulations for the operation of the381
project or projects constructed under the provisions of this Act, including the basis on which382
water service and facilities shall be furnished.383
S. B. 368
- 17 - 25 LC 47 3655
SECTION 24.
384
Financial statements and audit reports.385
(a)  The authority shall establish a fiscal year for its operation, and, as soon after the end of386
each fiscal year as is feasible, the authority shall cause to be prepared and printed a report387
and financial statement of the authority's operations for the fiscal year just ended and of its388
assets and liabilities.  A copy of such report shall be sent to the governing authority or body389
of each member entity, and additional copies shall be made available for distribution to the390
general public on written request therefor, subject to the provisions of Article 4 of Chapter391
18 of Title 50 of the O.C.G.A.392
(b)  The authority shall appoint in due time each year a firm of independent certified public393
accountants as auditors who shall examine the books, records, and accounts of the authority394
for the purpose of auditing and reporting upon its financial statement for such year.  The395
report of such auditors shall be appended to such financial statement.396
(c)  Whenever the authority deems it necessary or advisable, it shall be authorized to employ397
a firm of qualified independent engineers to survey the condition of the authority's facilities398
and operations from an engineering standpoint and to make a report thereof, together with399
its recommendations for improvement in its physical facilities and operating procedures.  A400
copy of such report shall be sent to the governing authority or body of each member entity,401
and additional copies shall be made available for distribution to the general public on written402
request therefor.403
SECTION 25.404
Powers declared supplemental and additional.405
The foregoing sections of this Act shall be deemed to provide an additional and alternative406
method for doing the things authorized thereby, shall be regarded as supplemental and407
S. B. 368
- 18 - 25 LC 47 3655
additional to powers conferred by other laws, and shall not be regarded as being in
408
derogation of any powers now existing.409
SECTION 26.410
Tort immunity.411
To the extent permitted by law, the authority shall have the same immunity and exemption412
from liability for torts and negligence as a Georgia county; and the officers, agents, and413
employees of the authority when in the performance of the work of the authority shall have414
the same immunity and exemption from liability for torts and negligence as the officers,415
agents, and employees of a county when in the performance of their public duties or work416
of the county.417
SECTION 27.418
Liberal construction of Act.419
This Act, being for the welfare of various political subdivisions of this state and its420
inhabitants, shall be liberally construed to effect the purposes hereof.421
SECTION 28.422
Powers of counties, municipalities, and other local authorities.423
This Act shall not in any way take from any counties, municipalities, political subdivisions,424
or other local authorities the authorization to own, operate, and maintain reservoirs, water425
systems, or recreational facilities on or around reservoirs or issue revenue certificates as is426
provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."427
S. B. 368
- 19 - 25 LC 47 3655
SECTION 29.
428
Severability; effect of partial invalidity of Act.429
The provisions of this Act are severable, and if any of its provisions shall be held430
unconstitutional by any court of competent jurisdiction, the decision of such court shall not431
affect or impair any of the remaining provisions.432
SECTION 30.433
Repealer.434
All laws and parts of laws in conflict with this Act are repealed.435
S. B. 368
- 20 -