reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-7 - Exemptions from requirements; construction with Code Section 50-6-25

(a)
Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for projects in which the state agency is able to reuse existing drawings, specifications, designs, or other documents from a prior project by retention of the person who provided the professional services and who prepared the original documents.
(b)
Notwithstanding any other provisions of this chapter, the Board of Regents and University System of Georgia shall be exempt from the provisions of this chapter.
(c)
The provisions of Code Section
50-6-25
, relating to the eligibility of architectural and engineering firms to do business with the state, shall not be affected or superseded by the provisions of this chapter.
(d)
Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for services required for the predesign phase of any state agency construction project unless the state agency estimates the predesign phase alone to have costs for professional services in excess of $75,000.00. No award of a contract to provide predesign services under this exemption shall be interpreted to preclude the lawful necessity to give public notice and use the selection process for design of projects meeting the criteria of paragraph (5) of Code Section
50-22-2
. Costs for predesign services, whether or not those services are exempt under this subsection, shall be added to any other costs of an activity for purposes of determining whether the activity is a project.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-8 - Rules and regulations

A state agency shall be authorized to promulgate rules and regulations to carry out the provisions of this chapter.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 22 - MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES (§§ 50-22-1 — 50-22-9) › Section 50-22-9 - Waiver of chapter requirements in emergencies

In an emergency situation, agencies may waive all the requirements of this chapter and select by the most expeditious means possible the person to provide the professional services.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-1 - Short title

This article shall be known and may be cited as the "Georgia Environmental Finance Authority Act."
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-2 - Legislative intent; assumption of rights, duties, and assets of the Georgia Development Authority

(a)
It is found and declared that the availability of adequate environmental facilities is an important element in the ability of a community to provide for the continuing economic growth and development that provide jobs for the state's citizens. It is also recognized that many communities lack the financial resources to provide for the needed facilities that both protect the environment and provide for such future economic expansion. Financial assistance is an important aid for the local governments in meeting these needs and it is declared in the public interest and for the public benefit and good and is so desired as a matter of legislative intent.
(b)
It is the purpose and intent of this article to provide an instrumentality to assist in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments and instrumentalities of the state.
(c)
The authority shall receive all assets of the Georgia Development Authority held immediately prior to the creation of the Georgia Environmental Finance Authority except those assets received under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds or assets derived from such funds or assets. The authority shall be responsible for any contracts, leases, agreements, or other obligations entered into regarding the environmental facilities projects of the Georgia Development Authority prior to the creation of the Georgia Environmental Finance Authority and the Georgia Environmental Finance Authority is substituted as party to any such contract, agreement, lease, or other obligation and shall be responsible for performance thereon as if it had been the original party and shall be entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Amended by 2001 Ga. Laws 378, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-3 - Creation; members; quorum; travel and expenses; legal services; members' accountability recordkeeping; authority assigned

(a)
There is created a body corporate and politic to be known as the Georgia Environmental Finance Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of economic development, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be at large. Any municipal or county official shall serve only so long as such official remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the expiration of these terms, the terms of all succeeding members shall be for four years.
(b)
A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article. The Attorney General shall provide legal services for the authority and in connection therewith Code Sections
45-15-13
through
45-15-16
shall be fully applicable.
(c)
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances.
(d)
The authority is assigned to the Department of Community Affairs for administrative purposes only.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Amended by 2004 Ga. Laws 569, § 42, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-9 - Review of contracts and agreements by Environmental Protection Division or Georgia Land Conservation Council

(a)
Except as otherwise provided by Article 6 of Chapter 5 of Title 12, the authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this article, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the Department of Natural Resources for existing statutory reviews and approvals.
(b)
The authority shall not enter into any contract or agreement with any local government or the Department of Natural Resources with respect to the financing, by loan or grant, of any community land conservation project or state land conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land Conservation Council has approved the community land conservation project or state land conservation project and the chairperson has directed the authority to execute the approval decision of the Georgia Land Conservation Council. Nothing in this article shall be construed to diminish the full authority and responsibility of the Georgia Land Conservation Council's existing statutory reviews and approvals.
Amended by 2008 Ga. Laws 578,§ 2-3, eff. 7/1/2008.
Amended by 2006 Ga. Laws 535,§ 5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-10 - Bonds of authority approved for investment and deposit by state, local governments, and others

The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-11 - Pledge of state not to alter or limit the rights of bondholders

The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this article that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-12 - Personal liability of members of authority, officers, and employees

Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:
(1)
The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;
(2)
The construction, ownership, maintenance, or operation of any solid waste system, sewerage system, environmental facility, or water system owned by a local government; or
(3)
Carrying out any of the powers expressly given in this article.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-13 - Liberal construction; bonds exempt from securities law; necessity of notice, proceeding, or publication; referendums

The provisions of this article shall be liberally construed to effect the purposes of this article. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the "Georgia Uniform Securities Act of 2008." No notice, proceeding, or publication except those required in this article shall be necessary to the performance of any act authorized in this article; nor shall any such act be subject to referendum.
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-14 - Bonds not indebtedness of state; guarantee of bonds by state

No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-15 - Exemptions from taxation

It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this article that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this article shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-16 - Rights under federal Constitution

The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this article shall be construed to remove any such rights.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-17 - Approval of bond issues and other obligations by state financing and investment commission

The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-18 - Liberal construction

This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this article.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-19 - Limitation on issue of bonds

Nothing contained in this article shall permit the authority to issue bonds or revenue bonds at any time when the sum of:
(1)
The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and
(2)
The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects
exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued; provided, however, that unless the director of the Water Supply Division of the authority has issued the certification provided for by Code Section
12-5-480
, the authority, with the approval of the Governor and the commission established by Article VII, Section IV, Paragraph VII of the Constitution, may issue bonds for the purposes of Article 6 of Chapter 5 of Title 12 notwithstanding such limitations.
Amended by 2008 Ga. Laws 578,§ 2-5, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 1 - GENERAL PROVISIONS (§§ 50-23-1 — 50-23-21) › Section 50-23-20 - Withholding state funds from local governments or nongovernmental entities failing to collect and remit amounts when due

(a)
In the event of a failure of any local government or nongovernmental entity to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government or nongovernmental entity, it shall be the duty of the authority to notify the state treasurer who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government or nongovernmental entity until such local government or nongovernmental entity has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.
(b)
Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government or nongovernmental entity which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2008 Ga. Laws 398,§ 3-4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 2 - WATER SUPPLY (§§ 50-23-25 — 50-23-29) › Section 50-23-25 - "Division" defined

As used in this part, the term "division" means the Water Supply Division of the Georgia Environmental Finance Authority created by Code Section
50-23-26
.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Added by 2008 Ga. Laws 578,§ 2-6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 2 - WATER SUPPLY (§§ 50-23-25 — 50-23-29) › Section 50-23-26 - Creation of Water Supply Division; director

There is created within the Georgia Environmental Finance Authority a Water Supply Division. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Added by 2008 Ga. Laws 578,§ 2-6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 2 - WATER SUPPLY (§§ 50-23-25 — 50-23-29) › Section 50-23-27 - Powers, duties, and responsibilities

The division shall have the authority and responsibility to:
(1)
Administer this part;
(2)
Coordinate with the Department of Natural Resources and with other departments, divisions, agencies, or officials of this state or political subdivisions thereof and appropriate private and professional organizations in matters related to water supply. The division and any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part or Article 6 of Chapter 5 of Title 12 shall be required to coordinate all such activities with the division to assure orderly and efficient administration and enforcement of this part;
(3)
Do all things necessary to cooperate with the United States government and qualify for, accept, and disburse any public or private grant intended for the administration of this part;
(4)
Apply for, receive, accept, and administer federal funds and programs made available to this state for the purposes of this part;
(5)
Contract for services if such services cannot be satisfactorily performed by employees of the division or by any other state agency;
(6)
Design and implement programs to assist local governing authorities and other entities in implementing water supply projects; and
(7)
Exercise such powers and perform such duties as assigned or contracted to the division or the authority under Article 6 of Chapter 5 of Title 12.
Added by 2008 Ga. Laws 578,§ 2-6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 2 - WATER SUPPLY (§§ 50-23-25 — 50-23-29) › Section 50-23-28 - Establishment of Georgia Reservoir Fund; administration; report

(a)
There shall be established the Georgia Reservoir Fund, to consist of proceeds of bonds issued under this article for purposes of this part, any moneys paid to the authority under intergovernmental contracts for purposes of this part, voluntary contributions to such fund, and any federal moneys deposited in such fund. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys may be expended or loaned, on the entity that may receive grants or loans of such moneys, on the manner in which such moneys may be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the fund so long as any such restriction shall not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this part. All balances in the fund shall be deposited in interest-bearing accounts.
(b)
The authority shall administer the fund and may use the fund for projects as defined by Code Section
12-5-471
, in accordance with this article and Article 6 of Chapter 5 of Title 12.
(c)
The authority shall prepare, by September 30 of each year, an accounting of the moneys received and expended from the fund for the most recently completed fiscal year. The report shall be made available electronically to the members of the General Assembly and shall be public record.
(d)
Principal and interest payments on loans made from the fund may be deferred for a maximum of 20 years or until construction of the project is completed, whichever is later.
(e)
The authority may expend moneys from the fund for the costs of planning, engineering, architectural, legal, title, fiscal, or economic investigation, studies, surveys, or designs without the designation of such funds to a specific project or the final regulatory or statutory review and approval of such project if the director determines that a reasonable expectation exists that the expenditure of such funds will further the purposes of this part or Article 6 of Chapter 5 of Title 12.
Added by 2008 Ga. Laws 578,§ 2-6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 2 - WATER SUPPLY (§§ 50-23-25 — 50-23-29) › Section 50-23-28.1 - Authority to make loans and grants to local governments for expansion of existing reservoirs; criteria

(a)
The division may make loans and grants to a local government to pay all or any part of the cost of expanding and increasing the capacity of existing reservoirs. Such loans and grants shall be made as provided in Code Section
50-23-6
. The criteria used in consideration for requests for assistance shall include, but not be limited to:
(1)
The effect of recurring drought on the region;
(2)
Interconnectivity of the requesting entity's water supply system with one or more surrounding local governments; and
(3)
Unique regional conditions.
(b)
Beginning in 2010, on July 1 of each year in which adequate funds are available, the division shall give public notice that it will accept applications for loans and grants as provided in subsection (a) of this Code section. Requests shall be submitted and awards shall be made according to such schedules and deadlines as may be provided by the division.
Added by 2010 Ga. Laws 397,§ 3, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 1 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-29) › Part 2 - WATER SUPPLY (§§ 50-23-25 — 50-23-29) › Section 50-23-29 - Rules and regulations

The authority may promulgate and adopt rules and regulations to carry out the purposes of this part.
Added by 2008 Ga. Laws 578,§ 2-6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 2 - DIVISION OF ENERGY RESOURCES (§§ 50-23-30 — 50-23-35) › Section 50-23-30 - "Division" defined

As used in this article, the term "division" shall mean the Division of Energy Resources of the Georgia Environmental Finance Authority.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 2 - DIVISION OF ENERGY RESOURCES (§§ 50-23-30 — 50-23-35) › Section 50-23-31 - Creation; executive director

There is created within the Georgia Environmental Finance Authority a Division of Energy Resources. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 2 - DIVISION OF ENERGY RESOURCES (§§ 50-23-30 — 50-23-35) › Section 50-23-33 - [Repealed] Employees

Repealed by 2006 Ga. Laws 535,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 2 - DIVISION OF ENERGY RESOURCES (§§ 50-23-30 — 50-23-35) › Section 50-23-34 - [Repealed] Office of Energy Resources: Assets, funds, property, contracts, programs, obligations, interests transferred to authority

Repealed by 2006 Ga. Laws 535,§ 7, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 23 - ENVIRONMENTAL FACILITIES AUTHORITY (§§ 50-23-1 — 50-23-35) › Article 2 - DIVISION OF ENERGY RESOURCES (§§ 50-23-30 — 50-23-35) › Section 50-23-35 - Rules and regulations authorized

The authority shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 24 - DRUG-FREE WORKPLACE (§§ 50-24-1 — 50-24-6) › Section 50-24-3 - Contractors to provide drug-free workplace

(a)
The principal representative of a state agency shall not enter into a contract with any contractor, other than an individual, unless the contractor certifies to the principal representative that:
(1)
A drug-free workplace will be provided for the contractor's employees during the performance of the contract; and
(2)
Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with __(
contractor's name
)__, __(
subcontractor's name
)__ certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of Code Section
50-24-3
."
(b)
A contractor may satisfy the requirement for providing a drug-free workplace for employees by:
(1)
Publishing a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(2)
Establishing a drug-free awareness program to inform employees about:
(A)
The dangers of drug abuse in the workplace;
(B)
The contractor's policy of maintaining a drug-free workplace;
(C)
Any available drug counseling, rehabilitation, and employee assistance program; and
(D)
The penalties that may be imposed upon employees for drug abuse violations;
(3)
Providing each employee with a copy of the statement provided for in paragraph (1) of this subsection;
(4)
Notifying each employee in the statement provided for in paragraph (1) of this subsection that as a condition of employment, the employee shall:
(A)
Abide by the terms of the statement; and
(B)
Notify the contractor of any criminal drug statute conviction for a violation occurring in the workplace within five days of the conviction;
(5)
Notifying the contracting principal representative within ten days after receiving from an employee or a subcontractor a notice of conviction as provided under subparagraph (B) of paragraph (4) of this subsection or after otherwise receiving actual notice of such a conviction;
(6)
Making a good faith effort on a continuing basis to provide a drug-free workplace for employees; and
(7)
Requiring that such contractor include in any agreement or contract with a subcontractor a provision that such subcontractor will provide a drug-free workplace for his employees by complying with the provisions of paragraphs (1), (2), (3), (4), and (6) of this subsection and by notifying the contractor of any criminal drug statute conviction for a violation occurring in the workplace involving the subcontractor or its employees within five days of receiving notice of the conviction. The contractor will notify the contracting principal representative pursuant to paragraph (5) of this subsection.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 24 - DRUG-FREE WORKPLACE (§§ 50-24-1 — 50-24-6) › Section 50-24-4 - Certification in contract

The principal representative of a state agency shall not enter into a contract with an individual or a person as a contractor unless the contract includes a certification by the individual or person that the individual or person will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 24 - DRUG-FREE WORKPLACE (§§ 50-24-1 — 50-24-6) › Section 50-24-5 - Suspension, termination, or debarment of contractors

The principal representative of a state agency may suspend, terminate, or debar the contractor if the state agency determines that:
(1)
The contractor or individual has made false certification under subsection (a) of Code Section
50-24-3
; or
(2)
The contractor has violated such certification by failing to carry out the requirements of Code Section
50-24-3
.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 24 - DRUG-FREE WORKPLACE (§§ 50-24-1 — 50-24-6) › Section 50-24-6 - Minimum standards established

This chapter establishes minimum standards for contractors and in no way limits or restrains contractors from implementing additional procedures and policies having the objectives of achieving and maintaining a drug-free workplace.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-2 - Membership

(a)
The authority shall consist of 11 members as follows: two members appointed by the Lieutenant Governor; two members appointed by the Speaker of the House of Representatives; and seven members appointed by the Governor. The Governor shall designate a member of the authority to serve as chairperson of the authority. All of the aforesaid members shall be individuals employed in the private sector who shall have experience in technology issues concerning large public or private organizations or entities. The initial membership of the authority shall be appointed for terms of office as follows:
(1)
The Lieutenant Governor shall appoint one member for a term of one year and one member for a term of three years;
(2)
The Speaker of the House shall appoint one member for a term of one year and one member for a term of three years; and
(3)
The Governor shall appoint four members for terms of one year and three members for a term of three years.
The terms of all succeeding members shall be for three years. The authority may elect a vice chairperson and a secretary and any other officers deemed appropriate. In addition to all other members provided for in this subsection, there shall be one nonvoting ex officio member of the authority who shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court.
(b)
Each member of the authority may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section
45-7-21
. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(c)
Seven members of the authority shall constitute a quorum; and the affirmative votes of six members of the authority shall be required for any action to be taken by the authority.
(d)
There shall be an executive director of the authority to be titled the chief information officer and to be selected in the manner and to have the powers and duties set forth in Code Section
50-25-5.1
.
(e)
The authority may make rules and regulations for its own government.
(f)
The authority shall have perpetual existence.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-3 - Administration; legal services

(a)
The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section
50-4-3
.
(b)
The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections
45-15-13
through
45-15-16
.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-5 - Access to records of state departments, agencies, boards, bureaus, commissions, and other authorities

All state departments, agencies, boards, bureaus, commissions, and authorities are authorized to make available to the authority access to public records or data which are available in electronic format upon terms mutually agreed to by the authority and any such department, agency, board, bureau, commission, or authority; provided, however, that no department, agency, board, bureau, commission, or authority shall be required to do so. The authority shall reimburse the department, agency, board, bureau, commission, or authority for costs incurred in providing such public records or data. The judicial and legislative branches are authorized to likewise provide such access to the authority.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-6 - Georgia Register

(a)
As used in this Code section, the term:
(1)
"Agency" means:
(A)
The Governor in the exercise of all executive powers;
(B)
Each other state officer, department, departmental unit, board, bureau, or commission expressly authorized by law to make rules and regulations; and
(C)
The General Assembly.
(2)
"Meeting" means an open and public meeting of an agency to which Chapter 14 of this title applies but shall not include a special meeting called on less than 24 hours' notice.
(3)
"Period" means the time since the closing date of the previous issue of the
Georgia Register.
(b)
The authority shall electronically publish or cause to be published a publication entitled the
Georgia Register
which shall include information made available by the agencies through electronic media related to:
(1)
Notice of adoption of all rules filed during the period;
(2)
A summary of each rule proposed during the period and a statement of the manner in which a copy of the complete text of the rule may be obtained;
(3)
The complete text of all rules adopted during the period;
(4)
All agency meeting notices showing the time, place, and date of the meeting, and the text of rules proposed for consideration or a reference where the text of the proposed rules is published, including a statement of the manner in which a copy of the agenda may be obtained;
(5)
All executive orders or proclamations issued by the Governor;
(6)
A summary of all state contracts or requests for proposals of an amount more than $100,000.00 and a statement of the manner in which a copy of the complete contract or request for proposal may be obtained;
(7)
All official and unofficial Attorney General opinions and a summary of each opinion;
(8)
The full text of agency emergency rules;
(9)
Notice of land acquisitions or transfers with a value of more than $50,000.00, including a statement of the manner in which more detailed information may be obtained;
(10)
For each session of the General Assembly:
(A)
An abstract of each bill that is introduced;
(B)
A synopsis of each bill that is enacted; and
(C)
The status of each bill;
(11)
The hearing calendar of the Supreme Court; and
(12)
The hearing calendar of the Court of Appeals.
(c)
No state appropriated funds shall be used for any purpose stated in this Code section.
Amended by 2006 Ga. Laws 472,§ 1, eff. 4/18/2006.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-7 - Sale of files of public information; receipt of data in electronic format from public; application of statutory restrictions on confidentiality to authority

(a)
The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government for an entire file of public information in any electronic medium or format; provided, however, that nothing contained in this subsection shall preclude the Department of Transportation from exercising its authority under subparagraph (a)(2)(B) of Code Section
32-4-2
, nor shall anything contained in this subsection preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information.
(b)
The authority shall be authorized to receive data in electronic format from members of the public for the purpose of transmitting such data electronically to various departments, agencies, and institutions of the state.
(c)
All of the statutory restrictions on the confidentiality or use of any departmental data and all of the penalties for any violation thereof shall apply to the authority and its employees.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-7.2 - Adherence to technical standards and specifications established by the authority

Nothing exempting any purchase from the competitive bidding laws set forth in Part 1 of Article 3 of Chapter 5 of this title shall exempt any technology resource purchase from the technical standards and specifications established by the authority unless specifically provided by action of the authority; provided, however, that technical standards established by the authority shall not conflict with mandated federal technical standards or requirements associated with the state administration of federally funded programs. The Department of Administrative Services shall not knowingly issue a procurement pursuant to the provisions of Part 1 of Article 3 of Chapter 5 of this title that does not adhere to the technical standards and specifications established by the authority unless specifically authorized to do so by the authority.
Amended by 2005 Ga. Laws 22,§ 3, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-7.3 - through 50-25-7.6 - [Reserved]

Repealed and reserved by 2005 Ga. Laws 22,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-7.7 - Conflicts of interest; violations; penalties

(a)
Neither the executive director nor any employee of the authority shall be financially interested or have a personal beneficial interest in an amount greater than 1 percent ownership interest in any firm, corporation, partnership, or association which is involved either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, or an ownership interest greater than 1 percent in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to agencies or the authority. Except as provided in subsection (b) of this Code section, it shall be unlawful for the executive director or any of his or her assistants or any employee of the authority to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
(b)
Nothing in this Code section shall preclude the executive director or any of his assistants or any employee of the authority from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the executive director, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the executive secretary to the Governor determines would be of benefit to the authority and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the executive director, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the executive director, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
(c)
Nothing contained in this Code section shall permit the executive director, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
(d)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be removed from office.
Amended by 2007 Ga. Laws 31,§ 1, eff. 5/11/2007.