2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 70 - COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES (§§ 36-70-1 — 36-70-29) › Article 2 - SERVICE DELIVERY (§§ 36-70-20 — 36-70-29) › Section 36-70-24 - [Effective 1/1/2026] Criteria for service delivery strategy

In the development of a service delivery strategy, the following criteria shall be met:
(1)
The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will be taken to remediate or avoid overlapping and unnecessary competition and duplication of service delivery and shall identify the time frame in which such steps shall be taken. When a municipality provides a service at a higher level than the base level of service provided throughout the geographic area of the county by the county, such service shall not be considered a duplication of the county service;
(2)
(A)
The strategy shall provide that water or sewer fees charged to customers located outside the geographic boundaries of a service provider shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service provider.
(B)
If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that disputing governing authority may hold a public hearing for the purpose of reviewing the rate differential. Following the preparation of a rate study by a qualified engineer, the governing authority may challenge the arbitrary rate differentials on behalf of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution;
(3)
(A)
The strategy shall ensure that the cost of any service which a county provides primarily for the benefit of the unincorporated area of the county shall be borne by the unincorporated area residents, individuals, and property owners who receive the service. Further, when the county and one or more municipalities jointly fund a county-wide service, the county share of such funding shall be borne by the unincorporated residents, individuals, and property owners that receive the service.
(B)
Such funding shall be derived from:
(i)
Special service districts created by the county in which ad valorem property taxes, assessments, or user fees are levied or imposed;
(ii)
Grants;
(iii)
Cable franchise fees, alcohol excise taxes, financial institution taxes, hotel-motel, occupation taxes, railroad equipment taxes, insurance premium taxes, rental car excise taxes, impact fees, stormwater fees or title ad valorem taxes, excluding any amounts of such taxes or fees to the extent such amount is derived from incorporated areas of the county;
(iv)
Revenues apportioned to the county as part of an intergovernmental agreement from the county and one or more municipalities; or
(v)
Through such other mechanism agreed upon by the parties approving the strategy which complies with the intent of subparagraph (A) of this paragraph; and
(4)
(A)
Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas of the county.
(B)
The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances.
Amended by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.
Amended by 2004 Ga. Laws 443, § 20, eff. 7/1/2004.
This section is set out more than once due to postponed, multiple, or conflicting amendments.