reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-4 - Limitation on the authority's liability

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, is subject to any liability resulting from:
(1)
The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; or
(2)
Carrying out any of the powers given in this chapter.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-5 - Powers of the authority vested in the members

(a)
The powers of the authority shall be vested in the members of the board of directors in office from time to time; and a majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority.
(b)
Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members.
(c)
No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all duties of the board.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-9 - Bonds as securities

The bonds authorized by this chapter are securities in which:
(1)
All public officers and bodies of this state;
(2)
All local governments of this state;
(3)
All insurance companies and associations and other persons carrying on an insurance business;
(4)
All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;
(5)
All administrators, guardians, executors, trustees, and other fiduciaries; and
(6)
All other persons whomsoever who are authorized to invest in bonds or other obligations of this state
may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-10 - Payment of bond proceeds

(a)
All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues, earnings, and funds received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds.
(b)
Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1)
The interest on such bonds as such interest becomes due;
(2)
The principal of the bonds as the same mature;
(3)
The necessary charges of any trustee, paying agent, or registrar for such bonds;
(4)
Any premium on bonds retired on call or purchase; and
(5)
Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond.
(c)
The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-11 - Power to secure issuance of bonds by trust agreement or indenture

(a)
Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon.
(b)
The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority.
(c)
Such resolution, trust agreement, or indenture may include covenants setting forth the duties to the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds.
(d)
All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-12 - All moneys received deemed to be trust funds; pledge of assets, funds, and properties for payment of bonds

(a)
All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.
(b)
The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-13 - Annual and biannual audits and reports

(a)
The state auditor or an independent public accountant retained by the authority shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and submit a copy of the report to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient.
(b)
In addition to the annual audit report, the authority shall render to the state auditor every six months a report setting forth in detail a complete analysis of the activities, indebtedness, receipts, and financial affairs of the authority.
Amended by 2005 Ga. Laws 333,§ 50, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 50, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-14 - Termination of the authority

The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have bonds or other obligations outstanding, unless adequate provision has been made for the payment thereof. On termination of the existence of the authority, all its rights and properties shall pass to and be vested in the State of Georgia.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-15 - Facilitation of economic development for enterprises throughout the state

Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate economic development for enterprises throughout the state by means that shall include, without limitation, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the establishment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises or indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such enterprises; to establish revolving or other funds from which short-term or long-term loans can be made to such businesses; to guarantee the payment of loans or other obligations of such enterprises; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-16 - Competitive bidding not a requirement

A project financed under this chapter is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this chapter.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-17 - OneGeorgia Authority Overview Committee established; duties

(a)
There is established the OneGeorgia Authority Overview Committee to be composed of one member of the House of Representatives to be appointed by the Speaker of the House of Representatives, one member of the Senate to be appointed by the President of the Senate, the director of the Senate Budget and Evaluation Office or his or her designee, the director of the House Budget and Research Office or his or her designee, and two members of the General Assembly to be appointed by the Governor. The legislative members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed by not later than July 1, 2000. Thereafter, their successors shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly.
(b)
The Speaker of the House of Representatives shall designate one of the members appointed by the Speaker as chairperson of the committee. The President of the Senate shall designate one of the members appointed by the President of the Senate as vice chairperson of the committee. The members designated as chairperson and vice chairperson shall serve for terms as such officers concurrent with their terms as members of the committee. Other than the chairperson and vice chairperson provided for in this subsection, the committee shall provide for its own organization.
(c)
The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the OneGeorgia Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.
(d)
The OneGeorgia Authority shall cooperate with the committee and its authorized personnel in order that the committee may efficiently and effectively carry out its duties. The OneGeorgia Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the OneGeorgia Authority.
(e)
The members of the committee shall receive the same expenses and allowances for their services on the committee as are authorized by law for members of interim legislative study committees.
(f)
Nothing in this Code section shall be construed to relieve the OneGeorgia Authority of the responsibilities imposed upon it under this chapter.
Amended by 2014 Ga. Laws 669,§ 50, eff. 4/29/2014.
Amended by 2002 Ga. Laws 462, § 50, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-18 - Transfer of positions authorized by authority to Department of Community Affairs

Effective July 1, 2002, without diminishing the powers of the authority pursuant to Code Section
50-34-6
, all personnel positions authorized by the authority in Fiscal Year 2002 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 2002, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service as defined by Code Section
45-20-2
.
Amended by 2012 Ga. Laws 630,§ 2-111, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
Added by 2002 Ga. Laws 893, § 5, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 34 - ONEGEORGIA AUTHORITY (§§ 50-34-1 — 50-34-21) › Section 50-34-19 - Border Region Retail Tourism Development Program; definition; procedure for implementation

(a)
As used in this Code section, the term "border region" means any part of the state that lies within 25 miles of a state border.
(b)
Subject to appropriations, the authority shall establish and administer a grant program to be called the Border Region Retail Tourism Development Program, which shall serve the purpose of awarding grants to eligible applicants to induce businesses to, or assist businesses that intend to, relocate, expand, or construct projects in Georgia rather than a bordering state.
(c)
The amount of any grant awarded pursuant to this Code section shall be determined by the authority on a case-by-case review of applications consistent with criteria to be prescribed by the authority which shall include, but shall not be limited to, the:
(1)
Number and type of jobs retained or created;
(2)
Total private capital investment;
(3)
Impact on the state, regional, and community tax base;
(4)
Degree of local commitment;
(5)
Consistency with local and regional development goals and objectives;
(6)
Project readiness and feasibility;
(7)
Geographic distribution of existing retail and tourism facilities; and
(8)
Reasonableness of cost estimates.
(d)
All applications for grants under this Code section shall include a recommendation from a state agency whose statutory powers and duties include community and economic development that the proposed project will significantly develop, promote, and retain trade, commerce, industry, and employment opportunities within the border region and promote the general welfare of the state.
(e)
After reviewing an application, the authority shall submit any pending grant award to the Governor and the commissioner of economic development for approval before such grant shall be awarded.
(f)
The authority shall adopt such rules and regulations as are reasonable and necessary to implement and administer the grant program established under this Code section.
Added by 2021 Ga. Laws 249,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 35 - [RESERVED] GEORGIA ENVIRONMENTAL TRAINING AND EDUCATION AUTHORITY (§ 50-35-1) › Section 50-35-1 - through 50-35-13 - [Reserved]

Repealed and reserved by 2008 Ga. Laws 758,§ 12, eff. 5/14/2008.
Added by 2001 Ga. Laws 381, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 36 - VERIFICATION OF LAWFUL PRESENCE IN THE UNITED STATES (§§ 50-36-1 — 50-36-4) › Section 50-36-3 - [Repealed] Immigration Enforcement Review Board; membership; duties; sanctions; civil actions

Repealed and reserved by 2019 Ga. Laws 296,§ 17-1, eff. 7/1/2019.
Added by 2011 Ga. Laws 252,§ 20, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 37 - GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACTING ACT (§§ 50-37-1 — 50-37-8) › Section 50-37-1 - Short title

This chapter shall be known and may be cited as the "Guaranteed Energy Savings Performance Contracting Act."
Added by 2010 Ga. Laws 669,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 37 - GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACTING ACT (§§ 50-37-1 — 50-37-8) › Section 50-37-5 - Funding for contracts

(a)
A governmental unit may use funds designated for operating, utilities, or capital expenditures for any guaranteed energy savings performance contract, including, without limitation, for purchases on an installment payment or lease purchase basis.
(b)
During the life of the contract, grants, subsidies, or other payments from the state to a governmental unit shall not be reduced as a result of energy savings obtained as a result of a guaranteed energy savings performance contract.
Added by 2010 Ga. Laws 669,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 37 - GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACTING ACT (§§ 50-37-1 — 50-37-8) › Section 50-37-6 - Review of capital improvement projects

Every state agency shall periodically review all proposed capital improvement projects for potential applicability of this chapter and shall first consider proceeding with a guaranteed energy savings performance contract under this chapter where appropriate.
Amended by 2012 Ga. Laws 556,§ 5, eff. 4/12/2012.
Added by 2010 Ga. Laws 669,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 37 - GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACTING ACT (§§ 50-37-1 — 50-37-8) › Section 50-37-8 - Statutory construction

This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.
Added by 2010 Ga. Laws 669,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 1 - GENERAL PROVISIONS (§§ 50-39-1 — 50-39-5) › Section 50-39-1 - Short title

This chapter shall be known and may be cited as the "Atlanta-region Transit Link 'ATL' Authority Act."
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 1 - GENERAL PROVISIONS (§§ 50-39-1 — 50-39-5) › Section 50-39-5 - Continuation of the development of the Atlanta region's Concept 3 transit proposal

The Atlanta Regional Commission in conjunction with the authority and the director of planning for the Department of Transportation shall utilize federal and state planning funds to continue the development of the Atlanta region's Concept 3 transit proposal, including assessment of potential economic benefit to the region and the state, prioritization of corridors based on highest potential economic benefit and lowest environmental impact, and completion of environmental permitting.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-12 - Development, review, and amendment of regional transit plan; coordination with federal priorities; branding

(a)
In consultation with the metropolitan planning organization, as such term is defined in Code Section
48-8-242
, which jurisdiction is located wholly or partially within the jurisdiction of the authority, the authority shall develop, annually review, and amend, as necessary, a regional transit plan. Such plan shall include, but not be limited to, transit projects based upon a region-wide approach to the provision of transit services through buses and rail, the establishment of multimodal stations within the jurisdiction of the authority, enhancement of connectivity throughout the region, cost-effective expansion of existing transit systems, and the coordination of schedules and methods of payment for transit service providers. In developing such plan, the authority may consider both macro level planning in order to efficiently coordinate transit services across jurisdictional lines, as well as micro level planning of services being delivered by local governments and transit service operators, including the Metropolitan Atlanta Rapid Transit Authority, in order to ensure continuation of current services or routes. Such plan shall provide that the Metropolitan Atlanta Rapid Transit Authority shall serve as the sole operator of any system of transportation which utilizes heavy rail within the jurisdiction of the authority.
(b)
The plan developed pursuant to this Code section shall include, at a minimum, a six year and 20 year component which shall reflect the federal priorities set forth in
23 U.S.C. Section 134(i)(2)(A)(ii)
and
23 U.S.C. Section 134(j)(2)(A)
and shall serve as the plans to be submitted for federal funding pursuant to such federal requirements.
(c)
In addition to amendments made to the plan developed pursuant to this Code section upon the initiative of the authority based upon changing conditions, the authority may amend the plan upon request from a local governing authority to include a certain project or assist with a specific transit need.
(d)
Such plan shall further include the creation of a unified logo and brand to encompass all transit service providers within the jurisdiction of the authority which shall include the acronym "ATL." On and after January 1, 2023, all transit service providers within the jurisdiction of the authority shall utilize such logo and brand as a prominent feature upon any property used for the purpose of transit.
Amended by 2020 Ga. Laws 572,§ 5, eff. 1/1/2021.
Amended by 2019 Ga. Laws 321,§ 50, eff. 5/12/2019.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-13 - Delegation of authority by Governor; formulation of measurable targets; annual reporting

(a)
The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizations and the Department of Transportation under
40 C.F.R. Section 93.105
, the power of approval and responsibilities for public involvement under
23 C.F.R. Section 450.216(a)
, and any power to serve as the designated recipient of federal funds for purposes of transit funding for capital projects and for financing and directly providing public transportation under
49 U.S.C. Sections 5302
through
5304
.
(b)
The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursuant to this chapter, and annually shall report such targets to the Governor, Lieutenant Governor, and Speaker of the House of Representatives, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets. The authority shall formulate an annual report and audit of all transit planning, funding, and operations within the jurisdiction of the authority which shall be presented by December 1 of each year to the Senate and House Transportation Committees and the local governing authorities of those counties within the jurisdiction of the authority.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-14 - Approval of projects; issuance of bonds or other financing issues; subordination of Georgia Environmental Finance Authority

(a)
In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after May 6, 1999, unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of directors of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applicable federal law and regulation.
(b)
From time to time, by the affirmative vote of two-thirds of the authorized membership of the board of directors of the authority, the authority may direct the Georgia Environmental Finance Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any project or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan, extension of credit, or grant from the Georgia Environmental Finance Authority to the authority, on such terms or conditions as shall be concluded between the two authorities; provided that such debt is consistent with the state debt management plan as established by the Georgia State Financing and Investment Commission pursuant to Chapter 17 of this title, the "Georgia State Financing and Investment Commission Act."
(c)
The Georgia Environmental Finance Authority shall be subordinate to the authority in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction; and, in the event of any conflict with the provisions of Chapter 23 of this title, the provisions of this chapter shall prevail in all respects. It is expressly provided, however, that nothing in this Code section and nothing in this chapter shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to this authority, the Georgia Environmental Finance Authority, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority, for the benefit of any owner or holder of any bond, note, or other obligation of any such authority.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-15 - Power of eminent domain; limitations

(a)
After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state.
(b)
Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state department, division, board, bureau, commission, authority, or other agency or instrumentality of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-16 - United States' constitutional rights not limited

The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-17 - Limitation on liability

Neither the members of the authority nor any officer or employee of the authority acting on 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 project, facility, or undertaking authorized by the authority and owned by a local government; or
(3)
Carrying out any of the powers expressly given in this chapter.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 2 - OPERATION OF AUTHORITY (§§ 50-39-10 — 50-39-18) › Section 50-39-18 - Record and resource sharing between governmental entities

(a)
Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature and shall assist the authority in identifying and locating such information resources. Reimbursement for costs of identification, location, transfer, or reproduction of such information resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments.
(b)
The authority may request from time to time, and the Department of Transportation and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facilities, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-30 - Utilization of funding resources

In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources:
(1)
Revenue bonds as authorized by this chapter;
(2)
Guaranteed revenue bonds as authorized by this chapter;
(3)
Funds obtained in a special district, for the purposes of providing transit services, transit projects, and air quality services within such district or, by contract with, between, and among local governments within such special districts, throughout such districts;
(4)
Moneys borrowed by the authority pursuant to the provisions of this chapter;
(5)
Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and
(6)
Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-31 - Responsibility for use of federal funds

The authority may serve as the entity to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for transit projects and purposes within the jurisdiction of the authority. Unless designated otherwise by the federal government, the authority shall be designated as the proper and sole authority to receive any of the federal aid funds apportioned by the federal government for use within the jurisdiction of the authority and may disburse such funds in accordance with the purposes of this article. This Code section shall not be deemed to impair or interfere in any manner with any existing rights under a contract entered into prior to December 1, 2018, or any federal grants or agreements awarded or entered into prior to December 1, 2018. This Code section shall not be applicable to projects or services provided for under the terms of a contract entered into as of December 1, 2018, under the authority granted pursuant to a local constitutional amendment set out at Ga. L. 1964, p. 1008; and the planning, funding, coordination, and delivery of such projects or services shall be as provided for by such contract or contracts.
Amended by 2019 Ga. Laws 321,§ 50, eff. 5/12/2019.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-33 - Guaranteed revenue bonds; exemption from taxation

(a)
The authority shall have the power and is authorized to issue guaranteed revenue bonds in a maximum aggregate principal amount not to exceed $1 billion, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitution of this state; provided that such debt is consistent with the state debt management plan as established by the Georgia State Financing and Investment Commission pursuant to Chapter 17 of this title, the "Georgia State Financing and Investment Commission Act." The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such bonds and the investment earnings thereon shall be used to finance transit services or transit projects, including any costs of such projects.
(b)
The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
Amended by 2019 Ga. Laws 321,§ 50, eff. 5/12/2019.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-34 - Bonds as securities; investments

The bonds of the authority are made securities in which all public officials and bodies of the state and all counties and 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 counties and municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
Amended by 2019 Ga. Laws 321,§ 50, eff. 5/12/2019.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-35 - Protection and assurances to bond owners

The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter 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 owners of bonds or in any way impair the rights and remedies of bond owners 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 owners, 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 bond owners.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-36 - Exemption from Georgia Uniform Securities Act

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 chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-37 - State debt not created; guarantee of payment

No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, 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.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-38 - Authority is created for benefit of the state's people; tax exemption

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 chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter 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 chapter shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-39 - Approval by the 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.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 3 - FUNDING (§§ 50-39-30 — 50-39-40) › Section 50-39-40 - Calculating debt limitations

No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Finance Authority at any time when the highest aggregate annual debt service requirements of the state for the then current fiscal year or any subsequent fiscal year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt and treating it as state general obligation debt or guaranteed revenue debt for purposes of calculating debt limitations under this Code section, and the highest aggregate annual payments for the then current fiscal year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 7.5 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the fiscal year in which any such debt is to be incurred.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 4 - PROJECT PROCEDURES FOR LOCAL GOVERNMENTS (§§ 50-39-50 — 50-39-53) › Section 50-39-52 - Withholding of funds to local government

(a)
In the event of a failure of any local government 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, 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, excluding funds for education purposes, until such local government 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 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.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 39 - ATLANTA-REGION TRANSIT LINK 'ATL' AUTHORITY ACT (§§ 50-39-1 — 50-39-61) › Article 5 - CONSTRUCTION AND APPLICATION (§§ 50-39-60 — 50-39-61) › Section 50-39-60 - Liberal construction

This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.
Added by 2018 Ga. Laws 409,§ 2-1, eff. 5/3/2018.