GA Code § 50-8-8 (2021)
2021 Georgia Code|Title 50 - State Government|Chapter 8 - Department of Community Affairs|Article 1 - General Provisions|§ 50-8-8. (See Editor's notes.) Grants, Loans, and Other Disbursements of Funds; State Community Development Program

  The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department; provided, however, that the department shall not make such a grant to any county or independent board of education for the construction or operation of athletic facilities during the fiscal year following the receipt by the department of certification by the State Board of Education that the county or independent board of education is not in compliance with the requirements of Code Section 20-2-315. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants or loans to eligible recipients or qualified local governments from appropriations made to the department generally for grant or loan purposes, without appropriations language specifying amounts, recipients, and purposes. The department:   Shall disburse such grants or loans on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and   May condition the award of any such grants or loans to a county or municipality upon the county or municipality, as the case may be, being a qualified local government.     The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant or loan by the department to any eligible recipient or qualified local government shall adversely affect any grant, loan, or service to the eligible recipient or qualified local government by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education, the Department of Transportation, the Georgia Environmental Finance Authority, and the state treasurer shall not diminish or fail to award any funds, loans, or service to any recipient under any state or federal program in whole or in part on account of a grant or loan by the department. Grants or loans by the department are and shall be deemed to be of a special nature and in addition to all such other grants, loans, or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:   The department may make available funds by grant or loan to an eligible recipient or qualified local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional commission has failed to comply with its duties as provided by law or with the terms of a contract between such regional commission and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional commission, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional commission under the law or such contract;   The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;   The department shall specify the terms under which it makes any funds available to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms;   The department shall set forth in writing the terms under which the department makes funds available to a qualified local government or eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;   The department shall manage and administer all funds made available pursuant to this Code section; and   The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:   Construction projects;   Capital outlay projects;   Infrastructure projects;   Planning services;   Technical assistance;   Coordinated and comprehensive planning;   Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;   Purchase or lease of equipment;   Operating expenses;   Housing projects;   Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;   Any project or purpose described in or permitted under any appropriations to the department;   Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;   Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;   Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;   Any project or purpose authorized by federal or state law; or   Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.       The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following:   The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and   The department may accept on behalf of qualified local governments or other eligible recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.     The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.   The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.   The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.   The power and authority of the department under this Code section to make available to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited.   Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants and other disbursements of funds made by the department or from the emergency fund through the department prior to July 1, 1989, are approved, ratified, and confirmed.   There is established within the department a state community development program. Funds may be appropriated to such a program by line item reference in any appropriations Act. Using such funds as may be appropriated the department may provide assistance to eligible local governments that are qualified to participate in the state administered federal community development block grant program, in the form of grants, loans, loan guarantees, or any combination thereof. Nothing contained in this subsection shall be construed to limit any other powers of the department.     (Code 1981, §50-8-8, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 1993, p. 1402, § 18; Ga. L. 1994, p. 97, § 50; Ga. L. 2000, p. 1129, § 3; Ga. L. 2000, p. 1423, § 1; Ga. L. 2008, p. 181, § 18/HB 1216; Ga. L. 2010, p. 863, § 3/SB 296; Ga. L. 2010, p. 949, § 1/HB 244.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, "Code Section 20-2-315" was substituted for "Code Section 20-2-314" at the end of the second sentence in the introductory paragraph of subsection (a).   Editor's notes.   - Ga. L. 2000, p. 1129, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Equity in Sports Act."'   For application of this statute in 2020 and 2021, see Executive Orders 04.23.20.02, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   U.S. Code.   - The federal Housing and Community Development Act of 1974, referred to in subparagraph (b)(6)(N), appears mainly as 42 U.S.C. § 1437 et seq. The federal Public Works and Economic Development Act of 1965, referred to in subparagraph (b)(6)(O), appears as 42 U.S.C. § 3121 et seq.   Administrative Rules and Regulations.   - Local development fund grants, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Local Development Fund Grants, Chapter 110-6-1.   Financial assistance grant program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Chapter 110-13-1.   Law reviews.   - For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 168 (2000).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under Ga. L. 1967, pp. 252 and 258, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.   Use of funds by planning and development commissioners.   - Department of Community Development (now Department of Community Affairs) is not legally responsible for the manner in which the area planning and development commissions utilize funds made available to the commissions by the General Assembly through the department; those commissions are basically self-governing entities, not state agencies or political subdivisions. 1974 Op. Att'y Gen. No. 74-73 (decided under Ga. L. 1967, pp. 252 and 258).   Independent determination of grant eligibility.   - State agency making grants to local governments must independently exercise the agency's statutory discretion in determining eligible applicants and may not limit eligibility solely on the basis of an administrative document of the General Assembly. 1993 Op. Att'y Gen. No. 93-19.   Eligibility of area planning and development commissions.   - Department of Community Affairs has responsibility for determining eligibility of area planning and development commissions for funds. 1981 Op. Att'y Gen. No. 81-15 (decided under Ga. L. 1967, pp. 252 and 258).   Identification of recipients.   - Since authority under this former section was merely to "make available such funds as may be appropriated by the General Assembly," the Department of Community Affairs should not have to identify any particular recipients. The legislature will itself identify recipients. 1981 Op. Att'y Gen. No. 81-15 (decided under Ga. L. 1967, pp. 252 and 258).   Housing assistance programs.   - When the funds are not sought to create a planning service or to provide technical assistance, information, or advice in accordance with the purposes of Title II of the Housing and Community Development Act of 1974 (42 U.S.C. § 1437 et seq.), the department does not have the requisite statutory authority to apply for, receive, or administer federal grants under the section 8 housing assistance payments program for existing units established pursuant to such Act. 1976 Op. Att'y Gen. No. 76-15 (decided under Ga. L. 1967, pp. 252 and 258).   No discretion in disbursement of funds made available.   - Department of Community Affairs has responsibility to disburse funds to area planning and development commissions. However, this disbursement cannot be contingent on the department's views of either the use made of moneys or adequacy of record-keeping procedures. In short, the department has no discretion in that disbursement. 1981 Op. Att'y Gen. No. 81-15 (decided under Ga. L. 1967, pp. 252 and 258).