reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-91 - Advisory committees

A commission may establish and appoint persons to advisory committees to assist the commission in the performance of its duties. Members of advisory committees shall serve without compensation but may be reimbursed for their reasonable expenses as determined by the commission.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-92 - Development guides; contents

A commission shall prepare and adopt and from time to time amend, change, or repeal, after appropriate study and such public hearings as may be deemed necessary, comprehensive development guides for its area. The development guides shall consist of policy statements, goals, standards, programs, and maps prescribing an orderly and economic development, public and private, of the area. The development guides shall be based upon and encompass physical, economic, and health needs of the area and shall take into consideration future development which may have an impact on the area including, but not limited to, such matters as land use not including zoning, water and sewerage systems, storm drainage systems, parks and open spaces, land needs and the location of airports, highways, transit facilities, hospitals, public buildings, and other community facilities and services.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-93 - Review of area plans; designation as official planning agency; responsibility to carry out assigned or delegated planning functions for an area

(a)
It is in the public interest and it is provided by this article that:
(1)
A commission review each area plan prepared for use in an area by a political subdivision or by a public authority, commission, board, utility, or agency;
(2)
Each commission be designated as the official planning agency for all state and federal programs to be carried out in the area; and
(3)
A commission carry out such other planning functions for an area as may be assigned or delegated to the commission by other agencies or boards, public or private, and accepted by the commission.
(b)
As set forth in Code Section
50-8-83
, a commission shall be the planning and development commission for an area in accordance with Article 2 of this chapter.
(c)
All powers, duties, obligations, and property vested in or imposed upon any metropolitan planning commission in an area are transferred to, imposed upon, and vested in the commission created by this article as the successor of such commission.
(d)
A commission shall be designated for its area as the planning agency under
40 U.S.C.A. Section 461
and
40 U.S.C. A. Section 461(g)
, as amended, P.L. 89-117(1965), and P.L. 90-448(1968); 42 U.S.C.A. Section 3725, P.L. 90-351(1968); 42 U.S.C.A. Section 246(b), P.L. 89-749, as amended, P.L. 90-174(1967), and for comprehensive transportation studies required by 23 U.S.C.A. Sections 101, 134, P.L. 87-866(1962); and
49 U.S.C.A. Section 1601
, et seq. P.L. 88-365(1964), as amended, and supplemented by administrative requirements of the United States Department of Transportation, and any similar law enacted before July 1, 1971. A commission is further granted all of the powers, duties, and authorities necessary to carry out its responsibilities and duties under such laws.
(e)
A commission shall have power and authority to undertake such other planning functions within its area as may be assigned or delegated to the commission by other agencies or boards, public or private, and for which the commission accepts responsibility.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-94 - Submission of municipal and county area plans; comment and recommendation procedure

(a)
Each municipality within an area and each county within an area shall submit to the commission for comment and recommendation thereon every area plan prepared by such municipality or county. The commission shall maintain all area plans in its files available for inspection by members of the public. No action shall be taken by any municipality or county to put an area plan into effect until 60 days have elapsed after its submission to the commission. Within ten days after submission, the commission shall notify each municipality or county which may be affected by the area plan submitted of the general nature of the plan, the date of submission, and the identity of the submitting municipality or county. Political subdivisions contiguous to the submitting municipality or county shall be notified in all cases by the commission. Within 30 days after receipt of such notice, a municipality or county may present its views to the commission.
(b)
If, from its own investigation, from the views presented by a municipality or county affected by the area plans submitted, or otherwise, the commission finds that there are any inconsistencies between the area plan and the area's development guides, the commission may recommend modification of the area plan in such manner as to be consistent with the area's guides.
(c)
A submitting municipality or county may request reconsideration of any recommendation by a commission at a public hearing. Such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of each public hearing shall be mailed by the secretary of the commission, at least five days prior to the hearing, to the submitting municipality or county, all affected municipalities and counties, appropriate state regulatory boards and agencies, and members of the commission.
(d)
Within 30 days after a public hearing, the commission shall make its recommendations known to the submitting municipality or county, the affected municipalities and counties, and appropriate state regulatory boards and agencies.
(e)
Nothing in this Code section shall limit or compromise the right of a municipality or county to establish and administer its own zoning laws and regulations.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-95 - Submission of public entity area plans; comment and recommendation procedure

(a)
A commission shall review every area plan prepared for use within the area by a public authority, public commission, public board, public utility, or public agency. Each such area plan shall be submitted to the commission by the public authority, public commission, public board, public utility, or public agency preparing the plan before any action is taken to put the plan into effect.
(b)
No action shall be taken to put any area plan into effect until 60 days have elapsed after its submission to the commission or until the commission finds and notifies the submitting public authority, public commission, public board, public utility, or public agency that the area plan is not inconsistent with its development guides, whichever first occurs. If, within 60 days after the date of submission, the commission finds that an area plan is inconsistent with its development guides, the commission may recommend modification of the area plan or such part thereof in such a manner as to be consistent with its development guides.
(c)
A submitting public authority, public commission, public board, public utility, or public agency may request reconsideration of any recommendation of the commission at a public hearing. Such public hearing shall be held by the commission within 30 days of such request. Notice stating the time and place of a public hearing shall be mailed, at least five days prior to the hearing, to the submitting public authority, public commission, public board, public utility, or public agency; all affected municipalities and counties within the area; appropriate state regulatory boards and agencies; and members of the commission.
(d)
Within 30 days of such public hearing, the commission shall make its recommendations known to the submitting authority, commission, board, utility, or agency, all affected municipalities and counties in the area, and appropriate state regulatory boards and agencies.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-96 - Review of applications from governmental entities for loans or grants

A commission shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the State of Georgia, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or State of Georgia or agency thereof, transmit the same to the commission for its review. The comments of the commission shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the State of Georgia, or any agency thereof.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-97 - Research, study, and planning duties

A commission shall engage in a continuous program of research, study, and planning of matters affecting its area including but not limited to:
(1)
Land use;
(2)
Transportation within the area, including highways, railroads, airports, streets, and mass transit;
(3)
The acquisition and financing of facilities for the disposal of solid waste material for the area and the means of financing such facilities;
(4)
The acquisition and financing of storm water drainage facilities for the area and the means of financing such facilities;
(5)
The acquisition and financing of suitable major parks and open spaces within and adjacent to the area;
(6)
The control and prevention of air and water pollution;
(7)
Environmental quality;
(8)
Law enforcement agencies and increased efficiency of the criminal justice systems in the area;
(9)
Planning for the provision of health facilities and services; and
(10)
The feasibility of the consolidation of common services of political subdivisions.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-98 - Power and authority generally; determination of whether plan is area plan; bylaws, rules, and regulations

(a)
A commission shall have and exercise all power and authority which may be necessary or convenient to enable it to perform and carry out the duties and responsibilities imposed on it by this article.
(b)
A commission shall have the authority to determine whether or not a plan is an area plan as defined by paragraph (2) of Code Section
50-8-80
. Any member of the commission, governing body of a political subdivision or public authority, commission, board, utility, or agency whose plans may be area plans may request in writing that the commission determine whether a plan is an area plan as defined in paragraph (2) of Code Section
50-8-80
. A commission shall make such determination within 15 days after such request and shall afford the requesting party the right to be heard prior thereto. The determination shall be in writing and shall state the basis therefor.
(c)
A commission shall also be authorized to adopt bylaws and rules and regulations concerning all aspects of its functions and operations. Such bylaws, rules, and regulations shall be determinative and control all matters unless expressly contradicted or forbidden by other provisions of law.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-99 - Acceptance and expenditure of gifts, loans, and grants

In carrying out the purposes of this article, a commission shall be authorized to contract with, apply for, and accept gifts, loans, and grants from federal, state, or local governments, public agencies, semipublic agencies, or private agencies, to expend such funds, and to carry out cooperative undertakings or contracts with any such government or agency.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-100 - Annual report

On or before February 1 of each year, a commission shall report to the General Assembly of this state and to each political subdivision and supporting agency within its area. The report shall include:
(1)
A statement of the commission's receipts and expenditures by category for the preceding calendar year;
(2)
A budget for the calendar year during which the report is filed including an outline of its program for such year;
(3)
An explanation of any development guides adopted for the area during the preceding calendar year;
(4)
A listing of all applications for federal moneys made by political subdivisions within the area submitted to the commission for review during the preceding calendar year;
(5)
A listing of area plans of political subdivisions submitted to the commission during the previous calendar year; and
(6)
Recommendations of the commission for legislation affecting the area, including legislation affecting the organization and functions of the commission.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-102 - Submission of negative or unfavorable recommendation based upon stale data

A commission shall not submit a negative or unfavorable recommendation which is based upon any data which has been accumulated for a period of time in excess of 24 months where more current data is available.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 4 - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS (§§ 50-8-80 — 50-8-103) › Section 50-8-103 - Determination of effective dates of certain Code sections by resolution of commission or by operation of law

Notwithstanding any other provision of this article, a commission shall determine by resolution the timing and sequence of the assumption of such duties, powers, and obligations it may have under Code Sections
50-8-88
,
50-8-89
, and Code Sections
50-8-93
through
50-8-96
and such Code sections shall not become effective until the date specified in such resolution. However, all such Code sections shall become effective on January 1 of the year following the year in which a commission is created.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 5 - RURAL ECONOMIC DEVELOPMENT (§§ 50-8-120 — 50-8-123) › Section 50-8-120 - Short title

This article shall be known and may be cited as the "Rural Economic Development Law."
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 5 - RURAL ECONOMIC DEVELOPMENT (§§ 50-8-120 — 50-8-123) › Section 50-8-121 - Rural economic development areas

Each regional commission of this state, except the regional commission which is also the metropolitan area planning and development commission provided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article.
Amended by 2008 Ga. Laws 436,§ 18, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 5 - RURAL ECONOMIC DEVELOPMENT (§§ 50-8-120 — 50-8-123) › Section 50-8-122 - Studies for proposed projects

(a)
The regional commission of each rural economic development area provided for in Code Section
50-8-121
may conduct a study for proposed major economic development projects within its respective rural economic development area. The study shall utilize the most recent economic information available.
(b)
The proposed economic development projects must have a major impact on the economy of the area and particularly on the counties within each such area which have a per capita income of less than 70 percent of the United States average or a level of unemployment which is 35 percent or more higher than the state average.
(c)
Funds for studies provided for in this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. The department, in consultation with state agencies, local governments, regional commissions, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guidelines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs.
Amended by 2008 Ga. Laws 436,§ 24, eff. 7/1/2009.
Amended by 2008 Ga. Laws 436,§ 18, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 5 - RURAL ECONOMIC DEVELOPMENT (§§ 50-8-120 — 50-8-123) › Section 50-8-123 - Recommendation, approval, funding, and implementation of projects

(a)
Each rural economic development area may submit to the Department of Community Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consultation with state agencies, local governments, regional commissions, local development organizations, and others. Such criteria shall be approved by the Board of Community Affairs.
(b)
The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects approved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, regional commissions, local governments, local development organizations, and other agencies or organizations receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article.
(c)
The funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose.
Amended by 2008 Ga. Laws 436,§ 24, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 6 - OFFICE OF RURAL DEVELOPMENT; STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-150) › Part 1 - OFFICE OF RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-142) › Section 50-8-140 - Legislative findings; office created

(a)
It is the finding of the General Assembly that economic conditions in rural Georgia can be significantly improved through the creation of a focused and coordinated effort. It is further found that it is appropriate for the state to assist in enhancing economic opportunities and preserving the quality of life in rural communities.
(b)
There is created within the Department of Community Affairs the Office of Rural Development in order to address effectively the needs, problems, and opportunities of Georgia's rural areas.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 6 - OFFICE OF RURAL DEVELOPMENT; STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-150) › Part 1 - OFFICE OF RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-142) › Section 50-8-141 - Duties and responsibilities

The Office of Rural Development is charged and empowered to carry out the following duties and responsibilities:
(1)
To serve as the clearing-house and point of contact in state government for information, data, resources, and assistance regarding rural development. The office shall either provide assistance or refer local governments, individuals, and others seeking help to the appropriate department or agency of the state or federal government or elsewhere where applicable;
(2)
To conduct ongoing research and analyses of issues and policies affecting rural Georgia and provide advice and recommendations to the Governor and General Assembly on such issues and policies and to publish in print or electronically periodically information and data on the rural economy, including the preparation of the biennial rural economic development plan required in Part 2 of this article;
(3)
To monitor and report on activities at the federal level affecting rural development to ensure a prompt and adequate state response to new or amended federal programs and initiatives;
(4)
To serve as the Governor's principal adviser on rural development and to assist in coordinating the activities and services of state agencies in order to provide more effective services to rural Georgia;
(5)
To supply coordination among state agencies, the University System of Georgia, and others on research and technical assistance related to rural development;
(6)
To provide technical assistance to rural communities to facilitate the planning, design, and implementation of rural development initiatives; and
(7)
To encourage the assistance of the private sector in effectuating rural development and revitalization.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 6 - OFFICE OF RURAL DEVELOPMENT; STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-150) › Part 1 - OFFICE OF RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-142) › Section 50-8-142 - Employees

The commissioner of community affairs may appoint employees as may be necessary to implement such powers and duties as are described by this article. The employees of the Office of Rural Development shall be in the unclassified service as defined by Code Section
45-20-2
. The commissioner of community affairs shall describe the duties and fix the compensation for all such employees.
Amended by 2012 Ga. Laws 630,§ 2-103, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 6 - OFFICE OF RURAL DEVELOPMENT; STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT (§§ 50-8-140 — 50-8-150) › Part 2 - STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT (§ 50-8-150) › Section 50-8-150 - [Reserved] Creation of council; members; terms; officers; regular meetings; expenses; bylaws

Repealed by 2018 Ga. Laws 300,§ 4, eff. 7/1/2018.
Amended by 2005 Ga. Laws 28,§ 2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 8 - REGIONAL ECONOMIC ASSISTANCE PROJECTS (§§ 50-8-190 — 50-8-195) › Section 50-8-190 - Definitions

As used in this article, the term:
(1)
"Adjacent facility" means any facility adjoining a project that meets the requirements of a subparagraph of paragraph (3) of subsection (c) of Code Section
50-8-191
which is not met by the project and that is the subject of a reciprocal use agreement executed by the project developer and the owner or operator of the adjacent facility.
(2)
"Certification of compliance" means a determination by the commissioner that the project meets all criteria to be designated a REAP.
(3)
"Commissioner" means the commissioner of community affairs.
(4)
"Full-service restaurant" means a restaurant which regularly serves two or more meals on each day it is open for business and is open for business at least six days weekly.
(5)
"Notice of noncompliance" means a notice from the commissioner that the Department of Community Affairs has determined that the project has failed to comply with all requirements for designation as a REAP.
(6)
"Regional Economic Assistance Project" or "REAP" means a project, including any adjacent facility covered by a reciprocal use agreement, which meets the criteria specified in Code Section
50-8-191
and which receives a certification of compliance from the commissioner.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 8 - REGIONAL ECONOMIC ASSISTANCE PROJECTS (§§ 50-8-190 — 50-8-195) › Section 50-8-192 - Certification of compliance; notices of noncompliance

(a)
Upon submission of a project after approval by the local government or governments, the Department of Community Affairs shall determine whether the project meets the criteria set out in Code Section
50-8-191
for designation as a REAP and complies with any rules and regulations promulgated by the Department of Community Affairs to implement this article. If the project meets such criteria and complies with such rules, the commissioner shall issue a certification of compliance. If the project does not meet such criteria and comply with such rules, the commissioner shall issue a notice of noncompliance.
(b)
Each certification of compliance shall include a summary of the project's expected economic benefits for the short term and the long term and any recommendations for adjustment of the project based upon local land use and comprehensive plans and infrastructure needs.
(c)
Each notice of noncompliance shall include a list of deficiencies of the project. A developer of a project which has received a notice of noncompliance may resubmit an initial application for designation as a REAP to the local government or governments involved; such a resubmitted application shall include a copy of the notice of noncompliance and a detailed explanation of the project modifications designed to remedy the deficiencies.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 8 - REGIONAL ECONOMIC ASSISTANCE PROJECTS (§§ 50-8-190 — 50-8-195) › Section 50-8-193 - State agencies encouraged to give certified projects priority in licensing and processing grants and loans

The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Economic Development; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Finance Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Amended by 2008 Ga. Laws 505,§ 3, eff. 7/1/2008.
Amended by 2004 Ga. Laws 569, § 40, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 8 - REGIONAL ECONOMIC ASSISTANCE PROJECTS (§§ 50-8-190 — 50-8-195) › Section 50-8-194 - Annual report by project developer

For each project that has received a certification of compliance, the project developer shall submit an annual report to the Department of Community Affairs until the date planned for completion of all phases of the project. The developer's report shall include a statement regarding the status of private investment, job creation, and construction schedules. The report shall also include information regarding the impact of the project on the local tax base, land use control, and the local government infrastructure for water, sewer, and transportation.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 8 - REGIONAL ECONOMIC ASSISTANCE PROJECTS (§§ 50-8-190 — 50-8-195) › Section 50-8-195 - Rules and regulations

The Department of Community Affairs is authorized to promulgate rules and regulations to implement this article.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-210 - Short title

This article shall be known and may be cited as the "Rural Facilities Economic Development Act."
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-211 - Legislative findings

The General Assembly finds that in recent years rural Georgia has undergone a severe economic recession. It is evident that an investment in the economic situation of the state's most distressed counties would result not only in an improvement in the quality of life for the citizens of those counties but also in the economic health of the entire state by increasing the state's total economic growth. There is a serious need in those less developed counties for jobs and for many fundamental community facilities which are essential to an improved quality of life and an equal opportunity for economic development. The facilities needs of each less developed county are individually specific and the citizens of each such community will as a part of the growth strategies program determine which needs are of most importance and worth to their community. Those economically distressed counties in many cases have exhausted all available funding resources in an attempt to help themselves but still do not have the economic ability to supply their facilities needs without substantial assistance from the state. It is therefore essential that the General Assembly provide funding assistance to make possible the construction of such facilities as each county may determine necessary, based on need, priorities, merit, and planning, to improve the quality of life and economic development in the most economically distressed counties of this state.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-212 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Community Affairs.
(2)
"Commissioner" means the commissioner of community affairs.
(3)
"Comprehensive plan" means any plan by a county or municipality relating to the facilities needs of such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department in accordance with Article 1 of this chapter.
(4)
"Conflict" means any conflict, dispute, or inconsistency relating to a local plan or to the priority of the facilities needs in a local plan arising within a facilities development committee created pursuant to this article.
(5)
"Department" means the Department of Community Affairs.
(6)
"Facility" or "facilities" means a capital improvement designed to assist the less developed county in economic development including, but not limited to, the areas of transportation networks; water supply and treatment, sewer, waste-water treatment, and solid waste disposal facilities; public safety, fire protection, and emergency medical services; recreational, general government, and educational facilities; and libraries and other cultural structures.
(7)
"Less developed county" means any county designated pursuant to Code Section
50-8-213
. Any area so designated shall, for the purposes of this article, be considered a less developed area for a period of not less than ten years.
(8)
"Local plan" means the plan of any less developed county and the municipalities lying therein which plan consolidates and prioritizes the facilities needs contained in the various comprehensive plans of the less developed county and the municipalities lying therein.
(9)
"Regional commission" means a regional commission created pursuant to the provisions of Article 2 of this chapter.
Amended by 2008 Ga. Laws 436,§ 18, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-213 - Designation and ranking of less developed counties

(a)
Not later than July 1, 1992, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner shall rank and designate as less developed counties the lower 25 percent of all counties in this state using a combination of the following factors:
(1)
Highest unemployment rate for the most recent 36 month period;
(2)
Lowest per capita income for the most recent 36 month period;
(3)
Highest percentage of residents whose income is below the poverty level according to the most recent data available; and
(4)
Average weekly manufacturing wage according to the most recent data available.
(b)
The commissioner shall be authorized to include in the designation provided for in subsection (a) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-214 - Facilities development committees created; membership

(a)
There is created in each less developed county a facilities development committee to be composed as follows:
(1)
Three members appointed by the governing authority of the less developed county, one who is a member of such authority, and one who is from the private sector, and one who may but need not serve in the county government who shall serve as chairman of the committee; and
(2)
Two members appointed by the governing authority of each municipality lying within the less developed county, one who is a member of such authority and one who is from the private sector.
(b)
All members shall reside within the less developed county or the municipality from which they are appointed and shall serve without compensation.
(c)
Members shall serve terms of four years and may be reappointed.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-215 - Policies and procedures for facilities development committee

(a)
Each facilities development committee shall be known by the name of the county followed by the words "Facilities Development Committee."
(b)
The commissioner shall establish policies and procedures by rule or regulation for the facilities development committees necessary for said committees to perform the duties provided by this article.
(c)
Each regional commission within which a less developed county lies is authorized and directed to assist the facilities development committee in the development of a local plan.
Amended by 2008 Ga. Laws 436,§ 18, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-216 - Preparation of comprehensive local plan for less developed county

(a)
Each facilities development committee, in conjunction with the regional commission in which the less developed county is located, shall review the comprehensive plans for facilities needs prepared by the less developed county and each municipality lying therein pursuant to the provisions of Article 2 of this chapter and shall consolidate such comprehensive plans and prepare a local plan which prioritizes the combined facilities needs contained in each comprehensive plan. Such local plan may be amended from time to time pursuant to procedures established pursuant to subsection (b) of Code Section
50-8-215
to change the priorities or add new facilities. No facility shall be added to a local plan unless it has previously been made a part of the comprehensive plan of either the less developed county or a municipality lying therein pursuant to Article 2 of this chapter.
(b)
Not later than the first day of July of the year following its creation, each facilities development committee shall provide the commissioner with the local plan of facility development developed pursuant to subsection (a) of this Code section.
Amended by 2008 Ga. Laws 436,§ 18, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-217 - Conflicts arising in preparation and submission of local plan

In the event any conflict arises in or with the facilities development committee in the preparation and submission of a local plan, such conflict shall be resolved by the department in the manner provided by subsection (d) of Code Section
50-8-7.1
.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-218 - Submission of local plan required; applications for grants

No less developed county shall be eligible to receive a grant pursuant to this article until a local plan has been submitted. The commissioner shall provide by rule or regulation for the submission of local plans and the administration of grant applications and shall establish criteria for the types of facilities which would qualify for a grant under this article; provided, however, that such criteria shall realistically reflect the diverse facility needs of the various less developed counties for economic development. The commissioner shall submit such criteria to the General Assembly at the next regular session following July 1, 1991, and such criteria shall become effective only when ratified by joint resolution of the General Assembly. The power of the commissioner to promulgate such criteria shall be deemed to be dependent upon such ratification.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-219 - Review of local plan by commissioner

(a)
The commissioner shall review each plan to determine compliance with the criteria established pursuant to Code Section
50-8-218
and within 30 days from the date of submission of the plan shall approve or disapprove such plan. If the commissioner disapproves any plan, he shall provide a detailed reason for such recommendation and may suggest such changes to the plan as he deems appropriate.
(b)
Any county may apply to the board for review of a disapproved plan. The board shall review each such plan and, within 30 days from the date of receipt of the commissioner's recommendation, shall either approve or disapprove the plan. If the plan is disapproved, the board shall provide the facilities development committee with a detailed reason for such disapproval and may suggest such changes to the plan as would result in the approval of the plan.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-220 - Matching grants for implementation of local plan

(a)
Each less developed county shall be entitled to receive from the state matching grants in an equal amount pursuant to this article for the implementation of all or part of its local plan of facilities development as approved by the board in the order of priority as established in its local plan, subject to the provisions of Code Section
50-8-222
and subject to the availability of funds appropriated by the General Assembly for such grants.
(b)
The governing authority of the less developed county shall be responsible for receiving such funds, which it shall maintain separate from all other county funds, and shall be responsible for implementing the plan of development.
(c)
The governing authority of the less developed county shall be authorized to perform all functions necessary to implement the local plan of facilities development including, without limitation, purchasing or leasing property and entering into such contracts as may be necessary for such purpose.
(d)
The funds granted pursuant to this Code section may be used as received or in conjunction with funds from any other available source, and they may be used in conjunction with any leasing authority granted to the less developed county or in conjunction with any revolving loan fund, or both, and may be used as matching funds for any federal or state grant.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-221 - Oversight of local plan by facilities development committee

Each facilities development committee shall have oversight authority of each local plan of facilities development, and the governing authority of the less developed county shall submit annually to the department a detailed written progress report and full accounting of receipts and expenditures.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 9 - RURAL FACILITIES ECONOMIC DEVELOPMENT (§§ 50-8-210 — 50-8-222) › Section 50-8-222 - Distribution of appropriated funds; ratio of matching funds; submission of consolidated report and accounting

(a)
The department shall direct the distribution of any appropriated funds to the governing authority of the less developed county, as provided in Code Section
50-8-220
; provided, however, that the less developed county and the municipalities within the less developed counties shall annually match any appropriated funds in a ratio of $1.00 local funds for every $9.00 appropriated funds.
(b)
The commissioner shall consolidate the annual progress reports and accounting of funds submitted by the facilities development committees and submit a consolidated report and accounting to the General Assembly not later than December 31 of each year.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 10 - MARTIN LUTHER KING, JR. ADVISORY COUNCIL (§§ 50-8-240 — 50-8-242) › Section 50-8-240 - Creation; members; vacancies; quorum

(a)
There is created within the Department of Community Affairs the Martin Luther King, Jr., Advisory Council.
(b)
The council shall consist of nine members as follows:
(1)
The commissioner of community affairs or his or her designee;
(2)
Six members to be appointed by the Governor, two of whom shall be between the ages of 18 and 22 years;
(3)
One member to be appointed by the President of the Senate; and
(4)
One member to be appointed by the Speaker of the House of Representatives.
(c)
Members shall serve four-year terms. No member of the council shall serve more than two consecutive terms.
(d)
Vacancies in the membership of the council shall be filled for the balance of the unexpired term by the appointing authority.
(e)
The council shall select annually a chairperson from among its membership.
(f)
Members of the council shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal.
(g)
A majority of the council shall constitute a quorum for the transaction of business.
(h)
Members of the council shall serve without compensation but, to the extent moneys are received from voluntary contributions through a not for profit corporation, shall be eligible to receive reimbursement for mileage and other expenses actually incurred in performance of their duties in accordance with the rates and standards for reimbursement of state employees.
Amended by 2012 Ga. Laws 684,§ 50, eff. 5/1/2012.
Added by 2011 Ga. Laws 63,§ 1, eff. 5/9/2011.
2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 8 - DEPARTMENT OF COMMUNITY AFFAIRS (§§ 50-8-1 — 50-8-301) › Article 10 - MARTIN LUTHER KING, JR. ADVISORY COUNCIL (§§ 50-8-240 — 50-8-242) › Section 50-8-241 - Duties

The Martin Luther King, Jr., Advisory Council shall have the following duties:
(1)
To promote racial harmony, understanding, respect, and good will among all citizens;
(2)
To promote principles of nonviolence, peace, and social justice;
(3)
To promote among the people of Georgia, by appropriate activities, both awareness and appreciation of the Civil Rights movement and advocacy of the principles and legacy of Martin Luther King, Jr.;
(4)
To develop, coordinate, and advise the state of appropriate ceremonies and activities relating to the observance of the birthday of Martin Luther King, Jr., including, without limitation, providing advice and assistance to local governments and private organizations;
(5)
To enable the people of Georgia to reflect on the life and teachings of Martin Luther King, Jr., through educational endeavors, cultural performances, exhibitions, and events that are multiethnic and family oriented; and
(6)
To prepare an annual report for the Governor and the General Assembly detailing the actions taken to fulfill these responsibilities and duties.
Amended by 2012 Ga. Laws 684,§ 50, eff. 5/1/2012.
Added by 2011 Ga. Laws 63,§ 1, eff. 5/9/2011.