1. Thompson 33rd 2. Stokes 43rd 3. Tanksley 32nd
SB 57 99 SB57/AP
SENATE BILL 57
By: Senators Thompson of the 33rd, Stokes of the 43rd and
Tanksley of the 32nd
A BILL TO BE ENTITLED
AN ACT
1 To provide for the Georgia Regional Transportation
2 Authority; to amend Title 32 of the Official Code of Georgia
3 Annotated, relating to highways, bridges, and ferries, so as
4 to change certain provisions relating to receipt of federal
5 funds by the state and inconsistency between provisions of
6 state and federal law; to provide for allocation of certain
7 expenditures from the State Public Transportation Fund and
8 of federal funds; to provide for certain reports; to change
9 certain provisions relating to operation of and financial
10 assistance to mass transit systems; to change certain
11 provisions relating to transit services with local
12 governments; to amend Article 6 of Chapter 12 of Title 45 of
13 the Official Code of Georgia Annotated, relating to the
14 Governor's planning and development, so as to change certain
15 provisions relating to composition, appointment of members,
16 and meetings of the Governor's Development Council; to
17 change certain provisions relating to attachment of the
18 council for administrative purposes and technical support;
19 to amend Title 50 of the Official Code of Georgia Annotated,
20 relating to state government, so as to create the Georgia
21 Regional Transportation Authority; to provide a short title;
22 to define certain terms; to provide for the membership,
23 appointment, and terms of members of the authority; to
24 provide for the purposes, status, jurisdiction, powers,
25 duties, rights, procedures, immunities, personnel, and
26 resources of the authority; to provide for the creation and
27 activation of special districts; to provide for land
28 transportation and air quality projects within such special
29 districts; to provide for financing of projects related to
30 the purposes of the authority; to provide that certain
31 projects shall not be commenced nor funds be expended by the
32 state, political subdivisions, or departments, agencies, or
33 authorities thereof under certain circumstances; to provide
34 for the issuance of revenue bonds, guaranteed revenue bonds,
35 bonds, notes, obligations, and other evidences of
36 indebtedness under certain terms and conditions; to provide
37 tax exemptions for the authority and the bonds thereof; to
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1 provide for land transportation and air quality services by
2 local governments; to provide that certain funds shall be
3 withheld from local governments under certain circumstances;
4 to provide that certain prohibitions of expenditures or
5 withholding of funds by the authority shall not effect
6 certain budgeted allocations of funds; to provide for
7 legislative intent; to change certain provisions relating to
8 definitions relative to the Georgia Environmental Facilities
9 Authority; to provide for related matters; to provide an
10 effective date; to repeal conflicting laws; and for other
11 purposes.
12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
13 SECTION 1.
14 Title 32 of the Official Code of Georgia Annotated, relating
15 to highways, bridges, and ferries, is amended by striking
16 Code Section 32-5-1, relating to receipt of federal funds by
17 the state and inconsistency between provisions of state and
18 federal law, and inserting in lieu thereof the following:
19 "32-5-1.
20 (a) The director of the Office of Treasury and Fiscal
21 Services is designated the proper authority to receive any
22 of the federal-aid funds apportioned by the federal
23 government under 23 U.S.C. and to receive any other
24 federal funds apportioned to the State of Georgia for
25 public road and other public transportation purposes,
26 unless designated otherwise by the federal government.
27 (b) If any provisions of this chapter are inconsistent
28 with or contrary to any laws, rules, regulations, or other
29 requirements of the United States Department of
30 Transportation or other federal agencies, the Georgia
31 Department of Transportation is authorized and empowered
32 to waive such provisions of this chapter in order to
33 resolve any such inconsistency or conflict, it being the
34 purpose of this chapter to enable the department to comply
35 with any requirement of the federal government in order to
36 procure all possible federal aid and assistance for the
37 construction or maintenance of the public roads of Georgia
38 and other public transportation purposes."
39 SECTION 2.
40 Said title is further amended by adding to Chapter 5 a new
41 Article 3 to read as follows:
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1 "ARTICLE 3
2 32-5-30.
3 (a) Each state-wide transportation improvement program
4 shall include an allocation of state and federal funds
5 which provides that the total of expenditures from the
6 State Public Transportation Fund under paragraphs (4),
7 (5), and (6) of Code Section 32-5-21 plus expenditures of
8 federal funds appropriated to the department, not
9 including any state or federal funds specifically
10 designated for maintenance and operations, or any project
11 of the Georgia Regional Transportation Authority, Georgia
12 Ports Authority, or Metropolitan Atlanta Rapid Transit
13 Authority, shall be budgeted or programmed over the
14 effective three-year period of such program such that 100
15 percent of such total shall be divided equally for such
16 period among the congressional districts in this state for
17 public road and other public transportation purposes in
18 such districts.
19 (b)(1) The board may upon approval by two-thirds of its
20 membership authorize a reduction in the share of funds
21 allocated pursuant to this Code section to any
22 congressional district if such supermajority of the
23 board determines that such district does not have
24 sufficient projects available for expenditure of funds
25 within that district to avoid lapsing of appropriated
26 funds.
27 (2) In case of a reduction in allocation of funds for
28 any congressional district pursuant to paragraph (1) of
29 this subsection, the amount of funds made available by
30 such reduction shall be divided equally among all other
31 congressional districts in this state for allocation to
32 such districts in addition to the allocation made to
33 such other districts pursuant to subsection (a) of this
34 Code section.
35 (c) Provisions of this Code section may be waived pursuant
36 to subsection (b) of Code Section 32-5-1 only upon
37 approval by two-thirds of the membership of the board.
38 32-5-31.
39 In each calendar year, the board shall provide to the
40 Governor, Lieutenant Governor, and Speaker of the House of
41 Representatives a written report detailing the equitable
42 allocation of funds among congressional districts pursuant
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1 to Code Section 32-5-30 for the fiscal year ending June 30
2 of that same calendar year."
3 SECTION 3.
4 Said title is further amended by striking subsections (a)
5 and (c) of Code Section 32-9-2, relating to operation of and
6 financial assistance to mass transit systems, and inserting
7 in lieu thereof the following:
8 "(a) As used in this Code section, the term:
9 (1) 'Capital project' has the same meaning as in 49
10 U.S.C.A. Section 5302(a)(1).
11 (1)(2) 'Construction' means the supervising, inspecting,
12 actual building, and all expenses incidental to the
13 acquisition, actual building, or reconstruction of
14 facilities and equipment for use in mass transportation,
15 including designing, engineering, locating, surveying,
16 mapping, and acquisition of rights of way.
17 (2)(3) 'Mass transportation' means all modes of
18 transportation serving the general public which are
19 appropriate, in the judgment of the department, to
20 transport people, commodities, or freight by highways,
21 rail, air, water, or other conveyance, exclusive of
22 wires and pipelines."
23 "(c)(1) The department may, when funds are available
24 from the United States government for such purposes,
25 provide assistance to the operators of mass
26 transportation systems or to the owners of facilities
27 used in connection therewith for the payment of
28 operating expenses to improve or to continue such mass
29 transportation service by operation, lease, contract, or
30 otherwise.
31 (2) The department may, when funds are available from
32 the United States government for such purposes,
33 participate in the acquisition, construction, and
34 improvement of facilities and equipment, including
35 capital projects, for use, by operation or lease or
36 otherwise, in mass transportation service.
37 (3) The department's participation with state funds in
38 those programs specified in paragraphs (1) and (2) of
39 this subsection may be in either cash, products, or
40 in-kind services. The department's participation with
41 state funds shall be limited to a maximum of 10 percent
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1 of the cost of the program. The remainder shall be
2 provided from sources other than department funds or
3 from revenues from the operation of public mass
4 transportation systems."
5 SECTION 4.
6 Said title is further amended by striking Code Section
7 32-9-11, relating to transit services with local
8 governments, and inserting in lieu thereof the following:
9 "32-9-11.
10 (a) As used in this Code section, the term:
11 (1) 'Local government' means any county, municipality,
12 or political subdivision of this state, or any
13 combination thereof.
14 (2) 'Transit agency' means any public agency, public
15 corporation, or public authority existing under the laws
16 of this state that is authorized by any general,
17 special, or local law to provide any type of transit
18 services within any area of this state but shall not
19 include the Department of Transportation, the Georgia
20 Regional Transportation Authority, or the Georgia Rail
21 Passenger Authority.
22 (3) 'Transit facilities' means everything necessary and
23 appropriate for the conveyance and convenience of
24 passengers who utilize transit services.
25 (4) 'Transit services' means all modes of transportation
26 serving the general public which are appropriate to
27 transport people and their personal effects by highway
28 or other ground conveyance but does not include rail
29 conveyance.
30 (b) Any transit agency may, by contract with any local
31 government for any period not exceeding 50 years, provide
32 transit services or transit facilities for, to, or within
33 that local government or between that local government and
34 any area in which such transit agency provides transit
35 services or transit facilities, except that if such
36 services or facilities are to be funded wholly or
37 partially by fees, assessments, or taxes levied and
38 collected within a special district created pursuant to
39 Article IX, Section II, Paragraph VI of the Constitution,
40 such contract may only become effective if it is approved
41 by a majority of the qualified voters voting in such local
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1 government in a special election which shall be called and
2 conducted for that purpose by the election superintendent
3 of such local government. Any services provided by a
4 transit agency pursuant to a contract authorized by this
5 subsection shall be conditioned upon such services being
6 included in a plan for transit services adopted or
7 approved by the governing authority of the county and by
8 the governing authorities of any municipalities within
9 which transit services are to be provided as provided in
10 the plan.
11 (c) The purpose of this Code section is to facilitate the
12 exercise of the power to provide public transportation
13 services conferred by Article IX, Section II, Paragraph
14 III of the Constitution. This Code section does not
15 repeal any other law conferring the power to provide
16 public transportation services or prescribing the manner
17 in which such power is to be exercised. This Code section
18 does not restrict the power of the Department of
19 Transportation, the Georgia Regional Transportation
20 Authority, or the Georgia Rail Passenger Authority to
21 contract with any local government to provide transit
22 services or transit facilities, including but not limited
23 to rail transit services and facilities, pursuant to
24 Article IX, Section III, Paragraph I of the Constitution."
25 SECTION 5.
26 Article 6 of Chapter 12 of Title 45 of the Official Code of
27 Georgia Annotated, relating to the Governor's planning and
28 development, is amended by striking Code Section 45-12-203,
29 relating to composition, appointment of members, and
30 meetings of the Governor's Development Council, and
31 inserting in lieu thereof the following:
32 "45-12-203.
33 (a) Membership on the council shall be as follows: the
34 Governor or the Governor's designee, the commissioner of
35 community affairs, the commissioner of industry, trade,
36 and tourism, the commissioner of natural resources, the
37 commissioner of transportation, the director of the Office
38 of Planning and Budget, the executive director of the
39 Georgia Environmental Facilities Authority, and nine
40 private sector members appointed by the Governor. Private
41 sector members shall be selected in such a way that they
42 represent the geographical and economic diversity of this
43 state to the maximum extent feasible. All private sector
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1 members shall serve at the pleasure of the Governor The
2 members of the board of directors of the Georgia Regional
3 Transportation Authority provided by Code Section 50-32-4,
4 upon their initial appointment and thereafter, shall
5 constitute the membership of the council. Membership on
6 that authority or the council shall not constitute an
7 appointment to an office of honor or trust for purposes of
8 subsection (a) of Code Section 50-32-4.
9 (b) The Governor shall designate The chair of the Georgia
10 Regional Transportation Authority shall serve as the chair
11 of the council.
12 (c) The council shall hold meetings as often as the chair
13 determines, but not more than 12 days each year. The
14 chair may call special meetings upon adequate written,
15 personal, telephone, or facsimile notice to members of the
16 council. A majority of the Nine members of the council
17 shall constitute a quorum for conducting business. No
18 member may act through a proxy, designee, or delegate
19 except for the Governor as provided in subsection (a) of
20 this Code section. The council may establish, from time
21 to time, such additional rules and procedures as the
22 council deems appropriate for conducting the council's
23 business. These rules and procedures may be established
24 in bylaws or in such other form as the council deems
25 appropriate."
26 SECTION 6.
27 Said article is further amended by striking Code Section
28 45-12-205, relating to attachment of the Governor's
29 Development Council for administrative purposes and
30 technical support, and inserting in lieu thereof the
31 following:
32 "45-12-205.
33 The council shall be attached to the Office of Planning
34 and Budget Department of Community Affairs for
35 administrative purposes. The Department of Community
36 Affairs and the Office of Planning and Budget shall
37 provide technical support to the council as directed by
38 the chair and approved by the Governor."
39 SECTION 7.
40 Title 50 of the Official Code of Georgia Annotated, relating
41 to state government, is amended by adding a new Chapter 32
42 to read as follows:
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1 "CHAPTER 32
2 ARTICLE 1
3 50-32-1.
4 This chapter shall be known and may be cited as the
5 'Georgia Regional Transportation Authority Act.'
6 50-32-2.
7 As used in this chapter, the term:
8 (1) 'Authority' means the Georgia Regional
9 Transportation Authority.
10 (2) 'Bond' includes any revenue bond, bond, note, or
11 other obligation.
12 (3) 'Clean Air Act' means the federal Clean Air Act, as
13 amended in 1990 and codified at 42 U.S.C.A. Sections
14 7401 to 7671q.
15 (4) 'Cost of project' or 'cost of any project' means:
16 (A) All costs of acquisition, by purchase or
17 otherwise, construction, assembly, installation,
18 modification, renovation, extension, rehabilitation,
19 operation, or maintenance incurred in connection with
20 any project, facility, or undertaking of the authority
21 or any part thereof;
22 (B) All costs of real property or rights in property,
23 fixtures, or personal property used in or in
24 connection with or necessary for any project,
25 facility, or undertaking of the authority or for any
26 facilities related thereto, including but not limited
27 to, the cost of all land, interests in land, estates
28 for years, easements, rights, improvements, water
29 rights, and connections for utility services; the cost
30 of fees, franchises, permits, approvals, licenses, and
31 certificates; the cost of securing any such
32 franchises, permits, approvals, licenses, or
33 certificates; the cost of preparation of any
34 application therefor; and the cost of all fixtures,
35 machinery, equipment, furniture, and other property
36 used in or in connection with or necessary for any
37 project, facility, or undertaking of the authority;
38 (C) All financing charges, bond insurance or other
39 credit enhancement fee, and loan or loan guarantee
40 fees and all interest on revenue bonds, notes, or
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1 other obligations of the authority which accrue or are
2 paid prior to and during the period of construction of
3 a project, facility, or undertaking of the authority
4 and during such additional period as the authority may
5 reasonably determine to be necessary to place such
6 project, facility, or undertaking of the authority in
7 operation;
8 (D) All costs of engineering, surveying, planning,
9 environmental assessments, financial analyses, and
10 architectural, legal, and accounting services and all
11 expenses incurred by engineers, surveyors, planners,
12 environmental scientists, fiscal analysts, architects,
13 attorneys, accountants, and any other necessary
14 technical personnel in connection with any project,
15 facility, or undertaking of the authority or the
16 issuance of any bonds, notes, or other obligations for
17 such project, facility, or undertaking;
18 (E) All expenses for inspection of any project,
19 facility, or undertaking of the authority;
20 (F) All fees of fiscal agents, paying agents, and
21 trustees for bond owners under any bond resolution,
22 trust agreement, indenture of trust, or similar
23 instrument or agreement; all expenses incurred by any
24 such fiscal agents, paying agents, bond registrar, and
25 trustees; and all other costs and expenses incurred
26 relative to the issuance of any bonds, revenue bonds,
27 notes, or other obligations for any project, facility,
28 or undertaking of the authority, including bond
29 insurance or credit enhancement fee;
30 (G) All fees of any type charged by the authority in
31 connection with any project, facility, or undertaking
32 of the authority;
33 (H) All expenses of or incidental to determining the
34 feasibility or practicability of any project,
35 facility, or undertaking of the authority;
36 (I) All costs of plans and specifications for any
37 project, facility, or undertaking of the authority;
38 (J) All costs of title insurance and examinations of
39 title with respect to any project, facility, or
40 undertaking of the authority;
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1 (K) Repayment of any loans for the advance payment of
2 any part of any of the foregoing costs, including
3 interest thereon and any other expenses of such loans;
4 (L) Administrative expenses of the authority and such
5 other expenses as may be necessary or incidental to
6 any project, facility, or undertaking of the authority
7 or the financing thereof or the placing of any
8 project, facility, or undertaking of the authority in
9 operation; and
10 (M) The establishment of a fund or funds for the
11 creation of a debt service reserve, a renewal and
12 replacement reserve, or such other funds or reserves
13 as the authority may approve with respect to the
14 financing and operation of any project, facility, or
15 undertaking of the authority and as may be authorized
16 by any bond resolution, trust agreement, indenture, or
17 trust or similar instrument or agreement pursuant to
18 the provisions of which the issuance of any revenue
19 bonds, notes, or other obligations of the authority
20 may be authorized.
21 Any cost, obligation, or expense incurred for any of the
22 purposes specified in this paragraph shall be a part of
23 the cost of the project, facility, or undertaking of the
24 authority and may be paid or reimbursed as such out of
25 the proceeds of revenue bonds, notes, or other
26 obligations issued by the authority or as otherwise
27 authorized by this chapter.
28 (5) 'County' means any county created under the
29 Constitution or laws of this state.
30 (6) 'Facility' shall have the same meaning as 'project.'
31 (7) 'Local government' or 'local governing authority'
32 means any municipal corporation or county or any state
33 or local authority, board, or political subdivision
34 created by the General Assembly or pursuant to the
35 Constitution and laws of this state.
36 (8) 'May' means permission and not command.
37 (9) 'Metropolitan planning organization' means the forum
38 for cooperative transportation decision making for a
39 metropolitan planning area.
40 (10) 'Metropolitan transportation plan' means the
41 official intermodal transportation plan that is
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1 developed and adopted through the metropolitan
2 transportation planning process for a metropolitan
3 planning area.
4 (11) 'Municipal corporation' or 'municipality' means any
5 city or town in this state.
6 (12) 'Obligation' means any bond, revenue bond, note,
7 lease, contract, evidence of indebtedness, debt, or
8 other obligation of the authority, the state, or local
9 governments which are authorized to be issued under this
10 chapter or under the Constitution or other laws of this
11 state, including refunding bonds.
12 (13) 'Office of profit or trust under the state' means
13 any office created by or under the provisions of the
14 Constitution, but does not include elected officials of
15 county or local governments.
16 (14) 'Project' means the acquisition, construction,
17 installation, modification, renovation, repair,
18 extension, renewal, replacement, or rehabilitation of
19 land, interest in land, buildings, structures,
20 facilities, or other improvements and the acquisition,
21 installation, modification, renovation, repair,
22 extension, renewal, replacement, rehabilitation, or
23 furnishing of fixtures, machinery, equipment, furniture,
24 or other property of any nature whatsoever used on, in,
25 or in connection with any such land, interest in land,
26 building, structure, facility, or other improvement, all
27 for the essential public purpose of providing facilities
28 and services to meet land public transportation needs
29 and environmental standards and to aid in the
30 accomplishment of the purposes of the authority.
31 (15) 'Revenue bond' includes any bond, note, or other
32 obligation payable from revenues derived from any
33 project, facility, or undertaking of the authority.
34 (16) 'State implementation plan' means the portion or
35 portions of an applicable implementation plan approved
36 or promulgated, or the most recent revision thereof,
37 under Sections 110, 301(d), and 175A of the Clean Air
38 Act.
39 (17) 'State-wide transportation improvement program'
40 means a staged, multiyear, state-wide, intermodal
41 program defined in 23 C.F.R. Section 450.104 which
42 contains transportation projects consistent with the
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1 state-wide transportation plan and planning processes
2 and metropolitan plans, transportation improvement
3 programs, and processes.
4 (18) 'State-wide transportation plan' means the official
5 state-wide, intermodal transportation plan as defined in
6 23 C.F.R. Section 450.104 that is developed through the
7 state-wide transportation planning process.
8 (19) 'Transportation improvement program' means a
9 staged, multiyear, intermodal program as defined in 23
10 C.F.R. Section 450.104 and consisting of transportation
11 projects which is consistent with the metropolitan
12 transportation plan.
13 (20) 'Undertaking' shall have the same meaning as
14 'project.'
15 50-32-3.
16 (a) There is created the Georgia Regional Transportation
17 Authority as a body corporate and politic, which shall be
18 deemed an instrumentality of the State of Georgia and a
19 public corporation thereof, for purposes of managing or
20 causing to be managed land transportation and air quality
21 within certain areas of this state; and by that name,
22 style, and title such body may contract and be contracted
23 with and bring and defend actions in all courts of this
24 state.
25 (b) The management of the business and affairs of the
26 authority shall be vested in a board of directors, subject
27 to the provisions of this chapter and to the provisions of
28 bylaws adopted by the board as authorized by this chapter.
29 The board of directors shall make bylaws governing its own
30 operation and shall have the power to make bylaws, rules,
31 and regulations for the government of the authority and
32 the operation, management, and maintenance of such
33 projects as the board may determine appropriate to
34 undertake from time to time.
35 (c) Except as otherwise provided in this chapter, a
36 majority of the members of the board then in office shall
37 constitute a quorum for the transaction of business. The
38 vote of a majority of the members of the board present at
39 the time of the vote, if a quorum is present at such time,
40 shall be the act of the board unless the vote of a greater
41 number is required by law or by the bylaws of the board of
42 directors. The board of directors, by resolution adopted
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1 by a majority of the full board of directors, shall
2 designate from among its members an executive committee
3 and one or more other committees, each consisting of two
4 or more members of the board, which shall have and
5 exercise such authority as the board may delegate to it
6 under such procedures as the board may direct by
7 resolution establishing such committee or committees.
8 (d) No vacancy on the authority shall impair the right of
9 a majority of the appointed members from exercising all
10 rights and performing all duties of the authority. The
11 authority shall have perpetual existence. Any change in
12 the name or composition of the authority shall in no way
13 affect the vested rights of any person under this chapter
14 or impair the obligations of any contracts existing under
15 this chapter.
16 50-32-4.
17 (a) The initial board of directors of the authority shall
18 consist of 15 members. All members of the board and their
19 successors shall be appointed for terms of five years
20 each, except that the initial terms for eight members of
21 the board appointed in 1999 shall be three years each; and
22 the particular beginning and ending dates of such terms
23 shall be specified by the Governor. All members of the
24 board shall be appointed by the Governor of the State of
25 Georgia and shall serve until the appointment and
26 qualification of a successor, the provisions of subsection
27 (b) of Code Section 45-12-52 to the contrary
28 notwithstanding; except as otherwise provided in this Code
29 section. Said members shall be appointed so as to
30 reasonably reflect the characteristics of the general
31 public within the jurisdiction or potential jurisdiction
32 of the authority, subject to the provisions of subsection
33 (d) of this Code section. No person holding any other
34 office of profit or trust under the state shall be
35 appointed to membership. The chair of the board of
36 directors shall be appointed and designated by the
37 Governor.
38 (b) All successors shall be appointed in the same manner
39 as original appointments. Vacancies in office shall be
40 filled in the same manner as original appointments. A
41 person appointed to fill a vacancy shall serve for the
42 unexpired term. No vacancy on the board shall impair the
43 right of the quorum of the remaining members then in
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1 office to exercise all rights and perform all duties of
2 the board.
3 (c) The members of the board of directors shall be
4 entitled to and shall be reimbursed for their actual
5 travel expenses necessarily incurred in the performance of
6 their duties and, for each day actually spent in the
7 performance of their duties, shall receive the same per
8 diem as do members of the General Assembly.
9 (d) Members of the board of directors may be removed by
10 executive order of the Governor for misfeasance,
11 malfeasance, nonfeasance, failure to attend three
12 successive meetings of the board without good and
13 sufficient cause, abstention from voting unless authorized
14 under subsection (g) of this Code section, or upon a
15 finding of a violation of Code Section 45-10-3 pursuant to
16 the procedures applicable to that Code section. A
17 violation of Code Section 45-10-3 may also subject a
18 member to the penalties provided in subparagraphs
19 (a)(1)(A), (a)(1)(B), and (a)(1)(C) of Code Section
20 45-10-28, pursuant to subsection (b) of Code Section
21 45-10-28. In the event that a vacancy or vacancies on the
22 board renders the board able to obtain a quorum but unable
23 to obtain the attendance of a number of members sufficient
24 to constitute such supermajorities as may be required by
25 this chapter, the board shall entertain no motion or
26 measure requiring such a supermajority until a number of
27 members sufficient to constitute such supermajority is
28 present, and the Governor shall be immediately notified of
29 the absence of members.
30 (e) The members of the authority shall be subject to the
31 applicable provisions of Chapter 10 of Title 45, including
32 without limitation Code Sections 45-10-3 through 45-10-5.
33 Members of the authority shall be public officers who are
34 members of a state board for purposes of the financial
35 disclosure requirements of Article 3 of Chapter 5 of Title 36 21. The members of the authority shall be accountable in
37 all respects as trustees. The authority shall keep
38 suitable books and records of all actions and transactions
39 and shall submit such books together with a statement of
40 the authority's financial position to the state auditor on
41 or about the close of the state's fiscal year. The books
42 and records shall be inspected and audited by the state
43 auditor at least once in each year.
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1 (f) Meetings of the board of directors, regular or
2 special, shall be held at the time and place fixed by or
3 under the bylaws, with no less than five days public
4 notice for regular meetings as prescribed in the bylaws,
5 and such notice as the bylaws may prescribe for special
6 meetings. Each member shall be given written notice of
7 all meetings as prescribed in the bylaws. Meetings of the
8 board may be called by the chairperson or by such other
9 person or persons as the bylaws may authorize. Notice of
10 any regular or special meeting shall be given to the
11 Governor at least five days prior to such meeting, unless
12 the Governor waives such notice requirement, and no
13 business may be transacted at any meeting of the board
14 unless and until the Governor has acknowledged receipt of
15 or waived such notice.
16 (g) All meetings of the board of directors shall be
17 subject to the provisions of Chapter 14 of this title. A
18 written record of each vote taken by the board, specifying
19 the yea or nay vote or absence of each member as to each
20 measure, shall be transmitted promptly to the Governor
21 upon the adjournment of each meeting. No member may
22 abstain from a vote other than for reasons constituting
23 disqualification to the satisfaction of a majority of a
24 quorum of the board on a record vote.
25 (h) The authority is assigned to the Department of
26 Community Affairs for administrative purposes only.
27 ARTICLE 2
28 50-32-10.
29 (a)(1) This chapter shall operate uniformly throughout
30 the state.
31 (2)(A) The initial jurisdiction of the authority for
32 purposes of this chapter shall encompass the territory
33 of every county which was designated by the United
34 States Environmental Protection Agency (USEPA) in the
35 Code of Federal Regulations as of December 31, 1998,
36 as a county included in whole or in part within a
37 nonattainment area under the Clean Air Act and which
38 the board designates, through regulation, as a county
39 having excess levels of ozone, carbon monoxide, or
40 particulate matter.
41 (B) The jurisdiction of the authority for purposes of
42 this chapter shall also encompass the territory of
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1 every county designated by the USEPA in the Code of
2 Federal Regulations after December 31, 1998, as a
3 county included in whole or in part within a
4 nonattainment area under the Clean Air Act and which
5 the board designates, through regulation, as a county
6 having excess levels of ozone, carbon monoxide, or
7 particulate matter, provided that the jurisdictional
8 area encompassed under this subparagraph shall be
9 contiguous with the jurisdictional area encompassed
10 under subparagraph (A) of this paragraph.
11 (b)(1) Within three months of the effective date of this
12 chapter, the director of the Environmental Protection
13 Division shall report and certify to the authority and
14 the Governor, pursuant to criteria established by that
15 division, counties which are reasonably expected to
16 become nonattainment areas under the Clean Air Act
17 within seven years from the date of such report and
18 certification, and shall update such report and
19 certification every six months thereafter. Within the
20 geographic territory of any county so designated, the
21 board shall provide, by resolution or regulation, that
22 the funding, planning, design, construction,
23 contracting, leasing, and other related facilities of
24 the authority shall be made available to county and
25 local governments for the purpose of planning,
26 designing, constructing, operating, and maintaining land
27 public transportation systems and other land
28 transportation projects, air quality installations, and
29 all facilities necessary and beneficial thereto, and for
30 the purpose of designing and implementing designated
31 metropolitan planning organizations' land transportation
32 plans and transportation improvement programs, on such
33 terms and conditions as may be agreed to between the
34 authority and such county or local governments.
35 (2) By resolution of the county governing authority, the
36 special district created by this chapter encompassing
37 the territory of any county reported and certified
38 pursuant to paragraph (1) of this subsection may be
39 activated for the purposes of this chapter, or such
40 county may be brought within the jurisdiction of the
41 authority by resolution of the governing authority.
42 (3) The jurisdiction of the authority for purposes of
43 this chapter shall be extended to the territory of any
44 county the territory of which is not contiguous with the
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1 jurisdiction established by subsection (a) of this Code
2 section which is designated by the USEPA in the Code of
3 Federal Regulations as a county included in whole or in
4 part within a nonattainment area under the Clean Air Act
5 and which the board designates, through regulation, as a
6 county having excess levels of ozone, carbon monoxide,
7 or particulate matter. Upon any such county or
8 self-contiguous group of counties coming within the
9 jurisdiction of the authority, a single member who shall
10 reside within such additional territory shall be added
11 to the board, together with an additional member, who
12 may reside within or without such additional territory,
13 for each 200,000 persons above the number of 200,000
14 persons forming the population of such additional
15 territory according to the 1990 United States decennial
16 census or any future such census.
17 (c) Upon acquiring jurisdiction over the territory of any
18 county, the authority's jurisdiction over such territory
19 shall continue until 20 years have elapsed since the later
20 of the date such county was redesignated by the USEPA as
21 in attainment under the Clean Air Act or such designation
22 by the USEPA is no longer made.
23 (d)(1) Upon the lapse of the authority's jurisdiction
24 over a geographic area pursuant to the provisions of
25 this Code section, the authority shall have the power to
26 enter into such contracts, lease agreements, and other
27 instruments necessary or convenient to manage and
28 dispose of real property and facilities owned or
29 operated by the authority within such geographic area,
30 and shall dispose of all such property not more than
31 five years after the lapse of such jurisdiction, but
32 shall retain jurisdiction for the purpose of operating
33 and managing such property and facilities until their
34 final disposition.
35 (2) The provisions of this subsection shall be
36 implemented consistent with the terms of such contracts,
37 lease agreements, or other instruments or agreements as
38 may be necessary or required to protect federal
39 interests in assets purchased, leased, or constructed
40 utilizing federal funding in whole or in part, and the
41 authority is empowered to enter into such contracts,
42 lease agreements, or other instruments or agreements
43 with appropriate federal agencies or other
44 representatives or instrumentalities of the federal
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1 government from time to time as necessary to achieve the
2 purposes of this chapter and the protection of federal
3 interests.
4 (e) Except for the purpose of reviewing proposed regional
5 transportation plans and transportation improvement
6 programs prepared by metropolitan planning organizations
7 in accordance with requirements specifically placed upon
8 the Governor by federal law, the jurisdiction of the
9 authority shall not extend to the territory and facilities
10 of any airport as defined in Code Section 6-3-20.1 and
11 which is certified under 14 C.F.R. Part 139. In no event
12 shall the authority have jurisdiction to design,
13 construct, repair, improve, expand, own, maintain, or
14 operate any such airport or any facilities of such
15 airport.
16 50-32-11.
17 (a) The authority shall have the following general powers:
18 (1) To sue and be sued in all courts of this state, the
19 original jurisdiction and venue of any such action being
20 the superior court of any county wherein a substantial
21 part of the business was transacted, the tortious act,
22 omission, or injury occurred, or the real property is
23 located, except that venue and jurisdiction for bond
24 validation proceedings shall be as provided by paragraph
25 (9) of subsection (e) of Code Section 50-32-31;
26 (2) To have a seal and alter the same at its pleasure;
27 (3) To plan, design, acquire, construct, add to, extend,
28 improve, equip, operate, and maintain or cause to be
29 operated and maintained land public transportation
30 systems and other land transportation projects, and all
31 facilities and appurtenances necessary or beneficial
32 thereto, within the geographic area over which the
33 authority has jurisdiction or which are included within
34 an approved transportation plan or transportation
35 improvement program and provide land public
36 transportation services within the geographic
37 jurisdiction of the authority, and to contract with any
38 state, regional, or local government, authority, or
39 department, or with any private person, firm, or
40 corporation, for those purposes, and to enter into
41 contracts and agreements with the Georgia Department of
42 Transportation, county and local governments, and
43 transit system operators for those purposes;
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1 (4) To plan, design, acquire, construct, add to, extend,
2 improve, equip, operate, and maintain or cause to be
3 operated and maintained air quality control
4 installations, and all facilities and appurtenances
5 necessary or beneficial thereto, within the geographic
6 area over which the authority has jurisdiction for such
7 purposes pursuant to this chapter, and to contract with
8 any state, regional, or local government, authority, or
9 department, or with any private person, firm, or
10 corporation, for those purposes; provided, however, that
11 where such air quality control measures are included in
12 an applicable implementation plan, they shall be
13 approved by the Environmental Protection Division of the
14 state Department of Natural Resources and by the United
15 States Environmental Protection Agency where necessary
16 to preserve their protected status during any conformity
17 lapse;
18 (5) To make and execute contracts, lease agreements, and
19 all other instruments necessary or convenient to
20 exercise the powers of the authority or to further the
21 public purpose for which the authority is created, such
22 contracts, leases, or instruments to include contracts
23 for acquisition, construction, operation, management, or
24 maintenance of projects and facilities owned by local
25 government, the authority, or by the state or any
26 political subdivision, department, agency, or authority
27 thereof, and to include contracts relating to the
28 execution of the powers of the authority and the
29 disposal of the property of the authority from time to
30 time; and any and all local governments, departments,
31 institutions, authorities, or agencies of the state are
32 authorized to enter into contracts, leases, agreements,
33 or other instruments with the authority upon such terms
34 and to transfer real and personal property to the
35 authority for such consideration and for such purposes
36 as they deem advisable;
37 (6) To acquire by purchase, lease, or otherwise and to
38 hold, lease, and dispose of real or personal property of
39 every kind and character, or any interest therein, in
40 furtherance of the public purpose of the authority, in
41 compliance, where required, with applicable federal law
42 including without limitation the Uniform Relocation
43 Assistance and Real Property Acquisition Policies Act of
44 1970, as amended, 40 U.S.C. Section 4601 et seq., 23
45 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c);
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1 (7) To appoint an executive director who shall be
2 executive officer and administrative head of the
3 authority. The executive director shall be appointed and
4 serve at the pleasure of the authority. The executive
5 director shall hire officers, agents, and employees,
6 prescribe their duties and qualifications and fix their
7 compensation, and perform such other duties as may be
8 prescribed by the authority. Such officers, agents, and
9 employees shall serve at the pleasure of the executive
10 director;
11 (8) To finance projects, facilities, and undertakings of
12 the authority for the furtherance of the purposes of the
13 authority within the geographic area over which the
14 authority has jurisdiction by loan, loan guarantee,
15 grant, lease, or otherwise, and to pay the cost of such
16 from the proceeds of bonds, revenue bonds, notes, or
17 other obligations of the authority or any other funds of
18 the authority or from any contributions or loans by
19 persons, corporations, partnerships, whether limited or
20 general, or other entities, all of which the authority
21 is authorized to receive, accept, and use;
22 (9) To extend credit or make loans or grants for all or
23 part of the cost or expense of any project, facility, or
24 undertaking of a political subdivision or other entity
25 for the furtherance of the purposes of the authority
26 within the geographic area over which the authority has
27 jurisdiction upon such terms and conditions as the
28 authority may deem necessary or desirable; and to adopt
29 rules, regulations, and procedures for making such loans
30 and grants;
31 (10) To borrow money to further or carry out its public
32 purpose and to issue guaranteed revenue bonds, revenue
33 bonds, notes, or other obligations to evidence such
34 loans and to execute leases, trust indentures, trust
35 agreements for the sale of its revenue bonds, notes, or
36 other obligations, loan agreements, mortgages, deeds to
37 secure debt, trust deeds, security agreements,
38 assignments, and such other agreements or instruments as
39 may be necessary or desirable in the judgment of the
40 authority, and to evidence and to provide security for
41 such loans;
42 (11) To issue guaranteed revenue bonds, revenue bonds,
43 bonds, notes, or other obligations of the authority, to
44 receive payments from the Department of Community
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1 Affairs, and to use the proceeds thereof for the purpose
2 of:
3 (A) Paying or loaning the proceeds thereof to pay, all
4 or any part of, the cost of any project or the
5 principal of and premium, if any, and interest on the
6 revenue bonds, bonds, notes, or other obligations of
7 any local government issued for the purpose of paying
8 in whole or in part, the cost of any project and
9 having a final maturity not exceeding three years from
10 the date of original issuance thereof;
11 (B) Paying all costs of the authority incidental to,
12 or necessary and appropriate to, furthering or
13 carrying out the purposes of the authority; and
14 (C) Paying all costs of the authority incurred in
15 connection with the issuance of the guaranteed revenue
16 bonds, revenue bonds, bonds, notes, or other
17 obligations;
18 (12) To collect fees and charges in connection with its
19 loans, commitments, management services, and servicing
20 including, but not limited to, reimbursements of costs
21 of financing, as the authority shall determine to be
22 reasonable and as shall be approved by the authority;
23 (13) Subject to any agreement with bond owners, to
24 invest moneys of the authority not required for
25 immediate use to carry out the purposes of this chapter,
26 including the proceeds from the sale of any bonds and
27 any moneys held in reserve funds, in obligations which
28 shall be limited to the following:
29 (A) Bonds or other obligations of the state or bonds
30 or other obligations, the principal and interest of
31 which are guaranteed by the state;
32 (B) Bonds or other obligations of the United States or
33 of subsidiary corporations of the United States
34 government fully guaranteed by such government;
35 (C) Obligations of agencies of the United States
36 government issued by the Federal Land Bank, the
37 Federal Home Loan Bank, the Federal Intermediate
38 Credit Bank, and the Bank for Cooperatives;
39 (D) Bonds or other obligations issued by any public
40 housing agency or municipality in the United States,
41 which bonds or obligations are fully secured as to the
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1 payment of both principal and interest by a pledge of
2 annual contributions under an annual contributions
3 contract or contracts with the United States
4 government, or project notes issued by any public
5 housing agency, urban renewal agency, or municipality
6 in the United States and fully secured as to payment
7 of both principal and interest by a requisition, loan,
8 or payment agreement with the United States
9 government;
10 (E) Certificates of deposit of national or state banks
11 or federal savings and loan associations located
12 within the state which have deposits insured by the
13 Federal Deposit Insurance Corporation or any Georgia
14 deposit insurance corporation and certificates of
15 deposit of state building and loan associations
16 located within the state which have deposits insured
17 by any Georgia deposit insurance corporation,
18 including the certificates of deposit of any bank,
19 savings and loan association, or building and loan
20 association acting as depository, custodian, or
21 trustee for any such bond proceeds; provided, however,
22 that the portion of such certificates of deposit in
23 excess of the amount insured by the Federal Deposit
24 Insurance Corporation or any Georgia deposit insurance
25 corporation, if any such excess exists, shall be
26 secured by deposit with the Federal Reserve Bank of
27 Atlanta, Georgia, or with any national or state bank
28 located within the state, of one or more of the
29 following securities in an aggregate principal amount
30 equal at least to the amount of such excess:
31 (i) Direct and general obligations of the state or
32 of any county or municipality in the state;
33 (ii) Obligations of the United States or subsidiary
34 corporations included in subparagraph (B) of this
35 paragraph;
36 (iii) Obligations of agencies of the United States
37 government included in subparagraph (C) of this
38 paragraph; or
39 (iv) Bonds, obligations, or project notes of public
40 housing agencies, urban renewal agencies, or
41 municipalities included in subparagraph (D) of this
42 paragraph;
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1 (F) Interest-bearing time deposits, repurchase
2 agreements, reverse repurchase agreements, rate
3 guarantee agreements, or other similar banking
4 arrangements with a bank or trust company having
5 capital and surplus aggregating at least $50 million
6 or with any government bond dealer reporting to,
7 trading with, and recognized as a primary dealer by
8 the Federal Reserve Bank of New York having capital
9 aggregating at least $50 million or with any
10 corporation which is subject to registration with the
11 Board of Governors of the Federal Reserve System
12 pursuant to the requirements of the Bank Holding
13 Company Act of 1956, provided that each such
14 interest-bearing time deposit, repurchase agreement,
15 reverse repurchase agreement, rate guarantee
16 agreement, or other similar banking arrangement shall
17 permit the moneys so placed to be available for use at
18 the time provided with respect to the investment or
19 reinvestment of such moneys; and
20 (G) State operated investment pools;
21 (14) To acquire or contract to acquire from any person,
22 firm, corporation, local government, federal or state
23 agency, or corporation by grant, purchase, or otherwise,
24 leaseholds, real or personal property, or any interest
25 therein; and to sell, assign, exchange, transfer,
26 convey, lease, mortgage, or otherwise dispose of or
27 encumber the same; and local government is authorized to
28 grant, sell, or otherwise alienate leaseholds, real and
29 personal property, or any interest therein to the
30 authority;
31 (15) Subject to applicable covenants or agreements
32 related to the issuance of bonds, to invest any moneys
33 held in debt service funds or sinking funds not
34 restricted as to investment by the Constitution or laws
35 of this state or the federal government or by contract
36 not required for immediate use or disbursement in
37 obligations of the types specified in paragraph (13) of
38 this subsection, provided that, for the purposes of this
39 paragraph, the amounts and maturities of such
40 obligations shall be based upon and correlated to the
41 debt service, which debt service shall be the principal
42 installments and interest payments, schedule for which
43 such moneys are to be applied;
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1 (16) To provide advisory, technical, consultative,
2 training, educational, and project assistance services
3 to the state and local government and to enter into
4 contracts with the state and local government to provide
5 such services. The state and local governments are
6 authorized to enter into contracts with the authority
7 for such services and to pay for such services as may be
8 provided them;
9 (17) To make loan commitments and loans to local
10 governments and to enter into option arrangements with
11 local governments for the purchase of said bonds,
12 revenue bonds, notes, or other obligations;
13 (18) To sell or pledge any bonds, revenue bonds, notes,
14 or other obligations acquired by it whenever it is
15 determined by the authority that the sale thereof is
16 desirable;
17 (19) To apply for and to accept any gifts or grants or
18 loan guarantees or loans of funds or property or
19 financial or other aid in any form from the federal
20 government or any agency or instrumentality thereof, or
21 from the state or any agency or instrumentality thereof,
22 or from any other source for any or all of the purposes
23 specified in this chapter and to comply, subject to the
24 provisions of this chapter, with the terms and
25 conditions thereof;
26 (20) To lease to local governments any authority owned
27 facilities or property or any state owned facilities or
28 property which the authority is managing under contract
29 with the state;
30 (21) To contract with state agencies or any local
31 government for the use by the authority of any property
32 or facilities or services of the state or any such state
33 agency or local government or for the use by any state
34 agency or local government of any facilities or services
35 of the authority and such state agencies and local
36 governments are authorized to enter into such contracts;
37 (22) To extend credit or make loans, including the
38 acquisition of bonds, revenue bonds, notes, or other
39 obligations of the state, any local government, or other
40 entity, including the federal government, for the cost
41 or expense of any project or any part of the cost or
42 expense of any project, which credit or loans may be
43 evidenced or secured by trust indentures, loan
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1 agreements, notes, mortgages, deeds to secure debt,
2 trust deeds, security agreements, or assignments, on
3 such terms and conditions as the authority shall
4 determine to be reasonable in connection with such
5 extension of credit or loans, including provision for
6 the establishment and maintenance of reserve funds; and,
7 in the exercise of powers granted by this chapter in
8 connection with any project, the authority shall have
9 the right and power to require the inclusion in any such
10 trust indentures, loan agreement, note, mortgage, deed
11 to secure debt, trust deed, security agreement,
12 assignment, or other instrument such provisions or
13 requirements for guaranty of any obligations, insurance,
14 construction, use, operation, maintenance, and financing
15 of a project and such other terms and conditions as the
16 authority may deem necessary or desirable;
17 (23) As security for repayment of any bonds, revenue
18 bonds, notes, or other obligations of the authority, to
19 pledge, lease, mortgage, convey, assign, hypothecate, or
20 otherwise encumber any property of the authority
21 including, but not limited to, real property, fixtures,
22 personal property, and revenues or other funds and to
23 execute any lease, trust indenture, trust agreement,
24 agreement for the sale of the authority's revenue bonds,
25 notes or other obligations, loan agreement, mortgage,
26 deed to secure debt, trust deed, security agreement,
27 assignment, or other agreement or instrument as may be
28 necessary or desirable, in the judgment of the
29 authority, to secure any such revenue bonds, notes, or
30 other obligations, which instruments or agreements may
31 provide for foreclosure or forced sale of any property
32 of the authority upon default in any obligation of the
33 authority, either in payment of principal, premium, if
34 any, or interest or in the performance of any term or
35 condition contained in any such agreement or instrument;
36 (24) To receive and use the proceeds of any tax levied
37 to pay all or any part of the cost of any project or for
38 any other purpose for which the authority may use its
39 own funds pursuant to this chapter;
40 (25) To use income earned on any investment for such
41 corporate purposes of the authority as the authority in
42 its discretion shall determine, including, but not
43 limited to, the use of repaid principal and earnings on
44 funds, the ultimate source of which was an appropriation
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1 to a budget unit of the state to make loans for
2 projects;
3 (26) To cooperate and act in conjunction with
4 industrial, commercial, medical, scientific, public
5 interest, or educational organizations; with agencies of
6 the federal government and this state and local
7 government; with other states and their political
8 subdivisions; and with joint agencies thereof and such
9 state agencies, local government, and joint agencies are
10 authorized and empowered to cooperate and act in
11 conjunction, and to enter into contracts or agreements
12 with the authority and local government to achieve or
13 further the purposes of the authority;
14 (27) To coordinate, cooperate, and contract with any
15 metropolitan planning organization for a standard
16 metropolitan statistical area which is primarily located
17 within an adjoining state but which includes any
18 territory within the jurisdiction of the authority to
19 achieve or further the purposes of the authority as
20 provided by this chapter;
21 (28) To coordinate and assist in planning for land
22 transportation and air quality purposes within the
23 geographic area over which the authority has
24 jurisdiction pursuant to this chapter, between and among
25 all state, regional, and local authorities charged with
26 planning responsibilities for such purposes by state or
27 federal law, and to adopt a regional plan or plans based
28 in whole or in part on such planning;
29 (29) To review and make recommendations to the Governor
30 concerning all proposed regional land transportation
31 plans and transportation improvement programs prepared
32 by metropolitan planning organizations wholly or partly
33 within the geographic area over which the authority has
34 jurisdiction pursuant to this chapter, and to negotiate
35 with such metropolitan planning organizations concerning
36 changes or amendments to such plans which may be
37 recommended by the authority or the Governor consistent
38 with applicable federal law and regulation, and to adopt
39 such regional plans as all or a portion of its own
40 regional plans;
41 (30) To review and make recommendations to the Governor
42 concerning all land transportation plans and
43 transportation improvement programs prepared by the
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1 Department of Transportation involving design,
2 construction, or operation of land transportation
3 facilities wholly or partly within the geographic area
4 over which the authority has jurisdiction pursuant to
5 this chapter, and to negotiate with that department
6 concerning changes or amendments to such plans which may
7 be recommended by the authority or the Governor
8 consistent with applicable federal law and regulation,
9 and to adopt such plans as all or a portion of its own
10 regional plans;
11 (31) To acquire by the exercise of the power of eminent
12 domain any real property or rights in property which it
13 may deem necessary for its purposes under this chapter
14 pursuant to the procedures set forth in this chapter,
15 and to purchase, exchange, sell, lease, or otherwise
16 acquire or dispose of any property or any rights or
17 interests therein for the purposes authorized by this
18 chapter or for any facilities or activities incident
19 thereto, subject to and in conformity with applicable
20 federal law and regulation;
21 (32) To the extent permissible under federal law, to
22 operate as a receiver of federal grants, loans, and
23 other moneys intended to be used within the geographic
24 area over which the authority has jurisdiction pursuant
25 to this chapter for inter-urban and intra-urban transit,
26 land public transportation development, air quality and
27 air pollution control, and other purposes related to the
28 alleviation of congestion and air pollution;
29 (33) Subject to any covenant or agreement made for the
30 benefit of owners of bonds, notes, or other obligations
31 issued to finance roads or toll roads, in planning for
32 the use of any road or toll road which lies within the
33 geographical area over which the authority has
34 jurisdiction, the authority shall have the power to
35 control or limit access thereto, including the power to
36 close off, regulate, or create access to or from any
37 part, excluding the interstate system, of any road on
38 the state highway system, a county road system, or a
39 municipal street system to or from any such road or toll
40 road or any property or project of the authority, to the
41 extent necessary to achieve the purposes of the
42 authority; the authority may submit an application for
43 an interstate system right of way encroachment through
44 the state Department of Transportation, and that
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1 department shall submit the same to the Federal Highway
2 Administration for approval. The authority shall
3 provide any affected local government with not less than
4 60 days notice of any proposed access limitation;
5 (34) To exercise any power granted by the laws of this
6 state to public or private corporations which is not in
7 conflict with the public purpose of the authority;
8 (35) To do all things necessary or convenient to carry
9 out the powers conferred by this chapter;
10 (36) To procure insurance against any loss in connection
11 with its property and other assets or obligations or to
12 establish cash reserves to enable it to act as
13 self-insurer against any and all such losses;
14 (37) To accept and use federal funds; to enter into any
15 contracts or agreements with the United States or its
16 agencies or subdivisions relating to the planning,
17 financing, construction, improvement, operation, and
18 maintenance of any public road or other mode or system
19 of land transportation; and to do all things necessary,
20 proper, or expedient to achieve compliance with the
21 provisions and requirements of all applicable
22 federal-aid acts and programs. Nothing in this chapter
23 is intended to conflict with any federal law; and, in
24 case of such conflict, such portion as may be in
25 conflict with such federal law is declared of no effect
26 to the extent of the conflict;
27 (38) To ensure that any project funded by the authority
28 in whole or in part with federal-aid funds is included
29 in approved transportation improvement programs adopted
30 and approved by designated metropolitan planning
31 organizations and the Governor and in the land
32 transportation plan adopted and approved by the
33 designated metropolitan planning organization, and is in
34 compliance with the requirements of relevant portions of
35 the regulations implementing the Clean Air Act including
36 without limitation 40 C.F.R. Section 93.105(c)(1)(ii)
37 and 40 C.F.R. Section 93.122(a)(1), where such
38 inclusion, approval, designation, or compliance is
39 required by applicable federal law or regulation; and
40 (39) To appoint and select officers, agents, and
41 employees, including engineering, architectural, and
42 construction experts and attorneys, and to fix their
43 compensation.
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1 (b) In addition to the above-enumerated general powers,
2 and such other powers as are set forth in this chapter,
3 the authority shall have the following powers with respect
4 to special districts created and activated pursuant to
5 this chapter:
6 (1) By resolution, to authorize the provision of land
7 public transportation services and the institution of
8 air quality control measures within the bounds of such
9 special districts by local governments within such
10 special districts utilizing the funding methods
11 authorized by this chapter where the facilities for such
12 purposes are located wholly within the jurisdiction of
13 such local governments and such special districts or are
14 the subject of contracts between or among such local
15 governments and where such services and measures are
16 certified by the authority to be consistent with the
17 designated metropolitan planning organizations' regional
18 plans, where applicable;
19 (2) By resolution, to authorize the utilization by local
20 governments within such special districts of the funding
21 mechanisms enumerated in Code Section 50-32-30 to
22 provide funding to defray the cost of land public
23 transportation and air quality control measures
24 certified and provided pursuant to paragraph (1) of this
25 subsection;
26 (3) By resolution, to authorize the utilization by local
27 governments within such special districts of the
28 above-enumerated funding mechanisms to assist in funding
29 those portions of regional land public transportation
30 systems which lie within and provide service to the
31 territory of such local governments within special
32 districts; and
33 (4) By resolution, to contract with local governments
34 within such special districts for funding, planning
35 services, and such other services as the authority may
36 deem necessary and proper to assist such local
37 governments in providing land public transportation
38 services and instituting air quality control measures
39 within the bounds of such special districts where the
40 facilities for such purposes are located wholly within
41 the jurisdiction of such local governments and such
42 special districts or are the subject of contracts
43 between or among such local governments, and where such
44 services and measures are certified by the authority to
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1 be consistent with the designated metropolitan planning
2 organizations' regional plans, where applicable.
3 (c) The provisions of local government services and the
4 utilization of funding mechanisms therefor consistent with
5 the terms of this chapter shall not be subject to the
6 provisions of Chapter 70 of Title 36; provided, however,
7 that the authority shall, where practicable, provide for
8 coordination and consistency between the provision of such
9 services pursuant to the terms of this chapter and the
10 provision of such services pursuant to Chapter 70 of Title
11 36.
12 50-32-12.
13 Pursuant to the authority granted by Article IX, Section
14 II, Paragraph VI of the Constitution of this state, there
15 are created within this state 159 special districts. One
16 such district shall exist within the geographic boundaries
17 of each county, and the territory of each district shall
18 include all of the territory within its respective county.
19 Any special district within a county within the geographic
20 area over which the authority has jurisdiction shall be
21 deemed activated for purposes of this chapter.
22 50-32-13.
23 (a) The Governor may delegate to the authority, by
24 executive order, his or her powers under applicable
25 federal transportation planning and air quality laws and
26 regulations, including without limitation the power to
27 resolve revision disputes between metropolitan planning
28 organizations and the Department of Transportation under
29 40 C.F.R. Section 93.105, the power to approve state-wide
30 transportation improvement programs under 23 U.S.C.
31 Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b),
32 and 450.328(a), and the power of approval and
33 responsibilities for public involvement under 23 C.F.R.
34 Section 450.216(a).
35 (b) In exercising the authority's delegated powers
36 concerning proposed state-wide transportation plans and
37 transportation improvement programs prepared by
38 metropolitan planning organizations wholly or partly
39 within the geographic area over which the authority has
40 jurisdiction or by the Department of Transportation:
41 (1) Transportation plans and transportation improvement
42 programs subject to the authority's delegated review
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1 powers shall be approved by the affirmative vote of
2 two-thirds of the authorized membership of the board to
3 a motion made for that purpose;
4 (2) The authority may request modification of such a
5 plan or program and approve such proposal for
6 modification of a plan or program by the affirmative
7 vote of two-thirds of the authorized membership of the
8 board to a motion made for that purpose;
9 (3) The board may set a date certain as a deadline for
10 submission of any such plan or program to the authority
11 for review; and
12 (4) If any such plan or program is not timely submitted
13 for review in compliance with a deadline set by the
14 board, the authority may exercise its delegated power to
15 disapprove such plan or program upon the affirmative
16 vote of two-thirds of the authorized membership of the
17 board to a motion made for that purpose;
18 provided, however, that where one or more vacancies exist
19 on the board and the board is not otherwise prohibited
20 from entertaining a motion requiring such a supermajority,
21 such motion shall carry on the affirmative vote of
22 two-thirds of the members present. On any motion
23 requiring a supermajority for passage, any abstention not
24 authorized as provided in this chapter shall be deemed an
25 affirmative vote for purposes of passage or failure of
26 such motion.
27 (c) The authority shall formulate measurable targets for
28 air quality improvements and standards within the
29 geographic area over which the authority has jurisdiction
30 pursuant to this chapter, and annually shall report such
31 targets to the Governor, together with an assessment of
32 progress toward achieving such targets and projected
33 measures and timetables for achieving such targets.
34 50-32-14.
35 In any case where a development of regional impact, as
36 determined by Department of Community Affairs pursuant to
37 Article 1 of Chapter 8 of this title, is planned within
38 the geographic area over which the authority has
39 jurisdiction which requires the expenditure of state or
40 federal funds by the state or any political subdivision,
41 agency, authority, or instrumentality thereof to create
42 land transportation services or access to such
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1 development, any expenditure of such funds shall be
2 prohibited unless and until the plan for such development
3 and such expenditures is reviewed and approved by the
4 authority. The decision of the authority to allow or
5 disallow the expenditure of such funds shall be final and
6 nonreviewable, except that such decision shall be reversed
7 where a resolution for such purpose is passed by vote of
8 three-fourths of the authorized membership of the county
9 commission of the county in which the development of
10 regional impact is planned or, if such development is
11 within a municipality, by vote of three-fourths of the
12 authorized membership of the city council. Such a vote
13 shall not constitute failure or refusal by the local
14 government for purposes of Code Section 50-32-53.
15 50-32-15.
16 (a) In furtherance of the purposes of the authority, no
17 project of the Georgia Rail Passenger Authority created by
18 Article 9 of Chapter 9 of Title 46 which is located wholly
19 or partly within the geographic area over which the
20 authority has jurisdiction shall be commenced after the
21 effective date of this chapter unless such project is
22 approved by the affirmative vote of two-thirds of the
23 authorized membership of the board of directors of the
24 authority pursuant to a motion made for that purpose;
25 provided, however, that where such project is an approved
26 transportation control measure pursuant to an approved
27 state implementation plan, such project may proceed
28 consistent with applicable federal law and regulation.
29 (b) From time to time, by the affirmative vote of
30 two-thirds of the authorized membership of the board of
31 directors of the authority, the authority may direct the
32 Georgia Environmental Facilities Authority to issue
33 revenue bonds, bonds, notes, loans, credit agreements, or
34 other obligations or facilities to finance, in whole or in
35 part, any project or the cost of any project of the
36 authority wholly or partly within the geographic area over
37 which the authority has jurisdiction, by means of a loan,
38 extension of credit, or grant from the Georgia
39 Environmental Facilities Authority to the authority, on
40 such terms or conditions as shall be concluded between the
41 two authorities.
42 (c) The Georgia Environmental Facilities Authority shall
43 be subordinate to the authority in all respects, with
44 respect to authority projects, within the geographic area
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1 over which the authority has jurisdiction; and, in the
2 event of any conflict with the provisions of Chapter 23 of
3 this title, the provisions of this chapter shall prevail
4 in all respects. It is expressly provided, however, that
5 nothing in this Code section and nothing in this chapter
6 shall be construed to permit in any manner the alteration,
7 elimination, or impairment of any term, provision,
8 covenant, or obligation imposed on any state authority,
9 including but not limited to the Georgia Environmental
10 Facilities Authority, the State Toll Road Authority, the
11 Georgia Regional Transportation Authority, or the Georgia
12 Rail Passenger Authority for the benefit of any owner or
13 holder of any bond, note, or other obligation of any such
14 authority.
15 50-32-16.
16 Notwithstanding any provision of law to the contrary,
17 funds appropriated to or otherwise obtained by the
18 Department of Transportation pursuant to Article III,
19 Section IX, Paragraph VI(b) of the Constitution of this
20 state and paragraphs (2) and (7) of subsection (a) of Code
21 Section 32-2-2 shall not be utilized for designation,
22 improvement, or construction of any land public
23 transportation system or any part of the state highway
24 system lying within the boundaries of a county whose
25 special district created pursuant to this chapter has been
26 activated pursuant to the provisions of this chapter,
27 unless such designation, improvement, or construction is
28 safety related or has been conducted by or through, or
29 approved by, the authority, or such funds are within
30 categories applicable to state-wide inspection or
31 improvement required for compliance with federal law or
32 regulation.
33 50-32-17.
34 (a) After the adoption by the authority of a resolution
35 declaring that the acquisition of the real property
36 described therein is necessary for the purposes of this
37 chapter, the authority may exercise the power of eminent
38 domain in the manner provided in Title 22; or it may
39 exercise the power of eminent domain in the manner
40 provided by any other applicable statutory provisions for
41 the exercise of such power; provided, however, that the
42 provisions of Article 7 of Chapter 16 of this title shall
43 not be applicable to the exercise of the power of eminent
44 domain by the authority. Property already devoted to
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1 public use may be acquired, except that no real property
2 belonging to the state other than property acquired by or
3 for the purposes of the Department of Transportation may
4 be acquired without the consent of the state.
5 (b) Real property acquired by the authority in any manner
6 for the purposes of this chapter shall not be subject to
7 the exercise of eminent domain by any state department,
8 division, board, bureau, commission, authority, or other
9 agency or instrumentality of the executive branch of state
10 government, or by any political subdivision of the state
11 or any agency, authority, or instrumentality thereof,
12 without the consent of the authority.
13 50-32-18.
14 The authority shall have all rights afforded the state by
15 virtue of the Constitution of the United States, and
16 nothing in this chapter shall be construed to remove any
17 such rights.
18 50-32-19.
19 Neither the members of the authority nor any officer or
20 employee of the authority acting on behalf thereof, while
21 acting within the scope of his or her authority, shall be
22 subject to any liability resulting from:
23 (1) The construction, ownership, maintenance, or
24 operation of any project financed with the assistance of
25 the authority;
26 (2) The construction, ownership, maintenance, or
27 operation of any project, facility, or undertaking
28 authorized by the authority and owned by a local
29 government; or
30 (3) Carrying out any of the powers expressly given in
31 this chapter.
32 50-32-20.
33 (a) Upon request of the board of the authority, the
34 Department of Transportation and the Department of Natural
35 Resources shall provide to the authority and its
36 authorized personnel and agents access to all books,
37 records, and other information resources available to
38 those departments which are not of a commercial
39 proprietary nature, and shall assist the authority in
40 identifying and locating such information resources.
41 Reimbursement for costs of identification, location,
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1 transfer, or reproduction of such information resources,
2 including personnel costs incurred by the respective
3 departments for such purposes, shall be made by the
4 authority to those respective departments.
5 (b) The authority may request from time to time, and the
6 Department of Transportation and the Department of Natural
7 Resources shall provide as permissible under the
8 Constitution and laws of this state, the assistance of
9 personnel and the use of facilities, vehicles, aircraft,
10 and equipment of those departments, and reimbursement for
11 all costs and salaries thereby incurred by the respective
12 departments shall be made by the authority to those
13 respective departments.
14 ARTICLE 3
15 50-32-30.
16 In accomplishing its purposes pursuant to the provisions
17 of this chapter, the authority may utilize, unless
18 otherwise prohibited by law, any combination of the
19 following funding resources:
20 (1) Revenue bonds as authorized by this chapter;
21 (2) Guaranteed revenue bonds as authorized by this
22 chapter;
23 (3) Funds obtained in a special district created and
24 activated pursuant to this chapter, for the purposes of
25 providing local land transportation and air quality
26 services within such district or, by contract with,
27 between, and among local governments within such special
28 districts, throughout such districts;
29 (4) Moneys borrowed by the authority pursuant to the
30 provisions of this chapter;
31 (5) Such federal funds as may from time to time be made
32 available to the authority or for purposes coincident
33 with the purposes of the authority within the territory
34 over which the authority has jurisdiction; and
35 (6) Such grants or contributions from persons, firms,
36 corporations, or other entities as the authority may
37 receive from time to time.
38 50-32-31.
39 (a)(1) The authority shall have the power and is
40 authorized at one time or from time to time to provide
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1 by one or more authorizing resolutions for the issuance
2 of revenue bonds, but the authority shall not have the
3 power to incur indebtedness under this subsection in
4 excess of the cumulative principal sum of $1 billion but
5 excluding from such limit bonds issued for the purpose
6 of refunding bonds which have been previously issued.
7 The authority shall have the power to issue such revenue
8 bonds and the proceeds thereof for the purpose of paying
9 all or part of the costs of any project or undertaking
10 which is for the purpose of exercising the powers
11 delegated to it by this chapter, and the construction
12 and provision of such installations and facilities as
13 the authority may from time to time deem advisable to
14 construct or contract for those purposes, as such
15 undertakings and facilities shall be designated in the
16 resolution of the board of directors authorizing the
17 issuance of such bonds.
18 (2) The revenue bonds and the interest payable thereon
19 shall be exempt from all taxation within the state
20 imposed by the state or any county, municipal
21 corporation, or other political subdivision of the
22 state.
23 (b) In addition, the authority shall have the power and is
24 authorized to issue bonds in such principal amounts as the
25 authority deems appropriate, such bonds to be primarily
26 secured by a pool of obligations issued by local
27 governments when the proceeds of the local government
28 obligations are applied to projects of the authority.
29 (c) The authority shall have the power from time to time
30 to refund any bonds by the issuance of new bonds whether
31 the bonds to be refunded have or have not matured and may
32 issue bonds partly to refund bonds then outstanding and
33 partly for any other corporate purpose.
34 (d) Bonds issued by the authority may be general or
35 limited obligations payable solely out of particular
36 revenues or other moneys of the authority as may be
37 designated in the proceedings of the authority under which
38 the bonds shall be authorized to be issued, subject to any
39 agreements entered into between the authority and state
40 agencies, local government, or private parties and subject
41 to any agreements with the owners of outstanding bonds
42 pledging any particular revenues or moneys.
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1 (e)(1) The authority is authorized to obtain from any
2 department, agency, or corporation of the United States
3 of America or governmental insurer, including the state,
4 any insurance or guaranty, to the extent now or
5 hereafter available, as to or for the payment or
6 repayment of interest or principal, or both, or any part
7 thereof on any bonds or notes issued by the authority or
8 on any obligations of federal, state, or local
9 governments purchased or held by the authority; and to
10 enter into any agreement or contract with respect to any
11 such insurance or guaranty, except to the extent that
12 the same would in any way impair or interfere with the
13 ability of the authority to perform and fulfill the
14 terms of any agreement made with the owners of the bonds
15 or notes of the authority.
16 (2) Bonds issued by the authority shall be authorized by
17 resolution of the authority, be in such denominations,
18 bear such date or dates, and mature at such time or
19 times as the authority determines to be appropriate,
20 except that bonds and any renewal thereof shall mature
21 within 25 years of the date of their original issuance.
22 Such bonds shall be subject to such terms of redemption,
23 bear interest at such rate or rates payable at such
24 times, be in registered form or book-entry form through
25 a securities depository, or both, as to principal or
26 interest or both principal and interest, carry such
27 registration privileges, be executed in such manner, be
28 payable in such medium of payment at such place or
29 places, and be subject to such terms and conditions as
30 such resolution of the authority may provide; provided,
31 however, in lieu of specifying the rate or rates of
32 interest which the bonds to be issued by an authority
33 are to bear, the resolution of the authority may provide
34 that the bonds when issued will bear interest at a rate
35 not exceeding a maximum per annum rate of interest which
36 may be fixed or may fluctuate or otherwise change from
37 time to time as specified in the resolution or may state
38 that, in the event the bonds are to bear different rates
39 of interest for different maturity dates, none of such
40 rates will exceed the maximum rate, which rate may be
41 fixed or may fluctuate or otherwise change from time to
42 time, as specified. Bonds may be sold at public or
43 private sale for such price or prices as the authority
44 shall determine.
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1 (3) Any resolution or resolutions authorizing bonds or
2 any issue of bonds may contain provisions which may be a
3 part of the contract with the owners of the bonds
4 thereby authorized as to:
5 (A) Pledging all or part of its revenues, together
6 with any other moneys, securities, contracts, or
7 property, to secure the payment of the bonds, subject
8 to such agreements with bond owners as may then exist;
9 (B) Setting aside of reserves and the creation of
10 sinking funds and the regulation and disposition
11 thereof;
12 (C) Limiting the purpose to which the proceeds from
13 the sale of bonds may be applied;
14 (D) Limiting the right of the authority to restrict
15 and regulate the use of any project or part thereof in
16 connection with which bonds are issued;
17 (E) Limiting the issuance of additional bonds, the
18 terms upon which additional bonds may be issued and
19 secured, and the refunding of outstanding or other
20 bonds;
21 (F) Setting the procedure, if any, by which the terms
22 of any contract with bond owners may be amended or
23 abrogated, including the proportion of bond owners
24 which must consent thereto and the manner in which
25 such consent may be given;
26 (G) Creating special funds into which any revenues or
27 other moneys may be deposited;
28 (H) Setting the terms and provisions of any trust,
29 deed, or indenture or other agreement under which the
30 bonds may be issued;
31 (I) Vesting in a trustee or trustees such properties,
32 rights, powers, and duties in trust as the authority
33 may determine;
34 (J) Defining the acts or omissions to act which may
35 constitute a default in the obligations and duties of
36 the authority to the bond owners and providing for the
37 rights and remedies of the bond owners in the event of
38 such default, including as a matter of right the
39 appointment of a receiver; provided, however, that
40 such rights and remedies shall not be inconsistent
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1 with the general laws of the state and other
2 provisions of this chapter;
3 (K) Limiting the power of the authority to sell or
4 otherwise dispose of any environmental facility or any
5 part thereof or other property, including municipal
6 bonds held by it;
7 (L) Limiting the amount of revenues and other moneys
8 to be expended for operating, administrative, or other
9 expenses of the authority;
10 (M) Providing for the payment of the proceeds of
11 bonds, obligations, revenues, and other moneys to a
12 trustee or other depository and for the method of
13 disbursement thereof with such safeguards and
14 restrictions as the authority may determine; and
15 (N) Establishing any other matters of like or
16 different character which in any way affect the
17 security for the bonds or the rights and remedies of
18 bond owners.
19 (4) In addition to the powers conferred upon the
20 authority to secure its bonds, the authority shall have
21 power in connection with the issuance of bonds to enter
22 into such agreements as the authority may deem
23 necessary, consistent, or desirable concerning the use
24 or disposition of its revenues or other moneys or
25 property, including the mortgaging of any property and
26 the entrusting, pledging, or creation of any other
27 security interest in any such revenues, moneys, or
28 property and the doing of any act, including refraining
29 from doing any act, which the authority would have the
30 right to do in the absence of such agreements. The
31 authority shall have power to enter into amendments of
32 any such agreements within the powers granted to the
33 authority by this chapter and to perform such
34 agreements. The provisions of any such agreements may
35 be made a part of the contract with the owners of bonds
36 of the authority.
37 (5) Any pledge of or other security interest in
38 revenues, moneys, accounts, contract rights, general
39 intangibles, or other personal property made or created
40 by the authority shall be valid, binding, and perfected
41 from the time when such pledge is made or other security
42 interest attaches without any physical delivery of the
43 collateral or further act, and the lien of any such
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1 pledge or other security interest shall be valid,
2 binding, and perfected against all parties having claims
3 of any kind in tort, contract, or otherwise against the
4 authority irrespective of whether or not such parties
5 have notice thereof. No instrument by which such a
6 pledge or security interest is created nor any financing
7 statement need be recorded or filed.
8 (6) All bonds issued by the authority shall be executed
9 in the name of the authority by the chairperson and
10 secretary of the authority and shall be sealed with the
11 official seal or a facsimile thereof. The facsimile
12 signature of the chairperson and the secretary of the
13 authority may be imprinted in lieu of the manual
14 signature if the authority so directs. Bonds bearing the
15 manual or facsimile signature of a person in office at
16 the time such signature was signed or imprinted shall be
17 fully valid, notwithstanding the fact that before or
18 after delivery thereof such person ceased to hold such
19 office.
20 (7) Prior to the preparation of definitive bonds, the
21 authority may issue interim receipts, interim
22 certificates, or temporary bonds exchangeable for
23 definitive bonds upon the issuance of the latter; the
24 authority may provide for the replacement of any bond
25 which shall become mutilated or be destroyed or lost.
26 (8) All bonds issued by the authority under this chapter
27 may be executed, confirmed, and validated under and in
28 accordance with Article 3 of Chapter 82 of Title 36,
29 except as otherwise provided in this chapter.
30 (9) The venue for all bond validation proceedings
31 pursuant to this chapter shall be Fulton County, and the
32 Superior Court of Fulton County shall have exclusive
33 final court jurisdiction over such proceedings.
34 (10) Bonds issued by the authority shall have a
35 certificate of validation bearing the facsimile
36 signature of the clerk of the Superior Court of Fulton
37 County and shall state the date on which said bonds were
38 validated; and such entry shall be original evidence of
39 the fact of judgment and shall be received as original
40 evidence in any court of this state.
41 (11) The authority shall reimburse the district attorney
42 for his or her actual costs, if any, associated with the
43 bond validation proceedings. The fees payable to the
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1 clerk of the Superior Court of Fulton County for
2 validation shall be as follows for each bond, regardless
3 of the denomination of such bond:
4 (A) Fifty cents each for the first 100 bonds;
5 (B) Twenty-five cents each for the next 400 bonds; and
6 (C) Ten cents for each such bond over 500.
7 (12) Whether or not the bonds of the authority are of
8 such form and character as to be negotiable instruments,
9 the bonds are made negotiable instruments within the
10 meaning of and for all the purposes of Georgia law
11 subject only to the provisions of the bonds for
12 registration.
13 (13) Neither the members of the authority nor any person
14 executing bonds shall be liable personally thereon or be
15 subject to any personal liability or accountability
16 solely by reason of the issuance thereof.
17 (14) The authority, subject to such agreements with bond
18 owners as then may exist, shall have power out of any
19 moneys available therefor to purchase bonds of the
20 authority, which shall thereupon be canceled, at a price
21 not in excess of the following:
22 (A) If the bonds are then redeemable, the redemption
23 price then applicable plus accrued interest to the
24 next interest payment date; or
25 (B) If the bonds are not then redeemable, the
26 redemption price applicable on the first date after
27 such purchase upon which the bonds become subject to
28 redemption, plus accrued interest to the next interest
29 payment date.
30 (15) In lieu of specifying the rate or rates of interest
31 which bonds to be issued by the authority are to bear,
32 the notice to the district attorney or the Attorney
33 General, the notice to the public of the time, place,
34 and date of the validation hearing, and the petition and
35 complaint for validation may state that the bonds when
36 issued will bear interest at a rate not exceeding a
37 maximum per annum rate of interest, which rate may be
38 fixed or may fluctuate or otherwise change from time to
39 time, specified in such notices and petition and
40 complaint or may state that, in the event the bonds are
41 to bear different rates of interest for different
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1 maturity dates, none of such rates will exceed the
2 maximum rate, which rate may be fixed or may fluctuate
3 or otherwise change from time to time, so specified;
4 provided, however, that nothing in this Code section
5 shall be construed as prohibiting or restricting the
6 right of the authority to sell such bonds at a discount,
7 even if in doing so the effective interest cost
8 resulting therefrom would exceed the maximum per annum
9 interest rate specified in such notices and in the
10 petition and complaint.
11 50-32-32.
12 (a) The authority shall have the power and is authorized
13 to issue guaranteed revenue bonds in a maximum aggregate
14 principal amount not to exceed $1 billion, under the terms
15 and conditions set forth in this chapter, pursuant to the
16 provisions of Article 2 of Chapter 17 of this title, which
17 bonds shall constitute guaranteed revenue debt under
18 Article VII, Section IV, Paragraph III of the Constitution
19 of this state. The General Assembly hereby finds and
20 determines that such issue will be self-liquidating over
21 the life of the issue, and declares its intent to
22 appropriate an amount equal to the highest annual debt
23 service requirements for such issue. The proceeds of such
24 bonds and the investment earnings thereon shall be used to
25 finance land public transportation facilities or systems,
26 including any costs of such projects.
27 (b) The guaranteed revenue bonds and the interest payable
28 thereon shall be exempt from all taxation within the state
29 imposed by the state or any county, municipal corporation,
30 or other political subdivision of the state.
31 50-32-33.
32 The bonds of the authority are made securities in which
33 all public officials and bodies of the state and all
34 counties and municipalities, all insurance companies and
35 associations, and other persons carrying on an insurance
36 business, all banks, bankers, trust companies, savings
37 banks, and savings associations, including savings and
38 loan associations, investment companies and other persons
39 carrying on a banking business, and administrators,
40 guardians, executors, trustees, and other fiduciaries and
41 all other persons whatsoever, who are now or may hereafter
42 be authorized to invest in bonds or other obligations of
43 the state, may properly and legally invest funds including
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1 capital in their control or belonging to them. The bonds
2 are also made securities which may be deposited with and
3 may be received by all public officers and bodies of this
4 state and all counties and municipalities for any purposes
5 for which the deposit of bonds or other obligations of
6 this state are now or hereafter may be authorized.
7 50-32-34.
8 The State of Georgia does pledge to and agree with the
9 owners of any bonds issued by the authority pursuant to
10 this chapter that the state will not alter or limit the
11 rights vested in the authority to fulfill the terms of any
12 agreement made with or for the benefit of the owners of
13 bonds or in any way impair the rights and remedies of bond
14 owners until the bonds, together with the interest
15 thereon, with interest on any unpaid installments of
16 interest, and all costs and expenses in connection with
17 any action or proceeding by or on behalf of such owners,
18 are fully met and discharged or funds for the payment of
19 such are fully provided. The authority is authorized to
20 include this pledge and agreement of the state in any
21 agreement with bond owners.
22 50-32-35.
23 The offer, sale, or issuance of bonds, notes, or other
24 obligations by the authority shall not be subject to
25 regulation under Chapter 5 of Title 10, known as the
26 'Georgia Securities Act of 1973.' No notice, proceeding,
27 or publication except those required in this chapter shall
28 be necessary to the performance of any act authorized in
29 this chapter; nor shall any such act be subject to
30 referendum.
31 50-32-36.
32 No bonds, notes, or other obligations of and no
33 indebtedness incurred by the authority, other than
34 guaranteed revenue bonds, shall constitute an indebtedness
35 or obligation or a pledge of the faith and credit of the
36 State of Georgia or of its agencies; nor shall any act of
37 the authority in any manner constitute or result in the
38 creation of an indebtedness of the state or its agencies
39 or a cause of action against the state or its agencies;
40 provided, however, the state, to the extent permitted by
41 its Constitution, may guarantee payment of such bonds,
42 notes, or other obligations as guaranteed revenue debt.
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1 50-32-37.
2 It is found, determined, and declared that the creation of
3 this authority and the carrying out of its corporate
4 purposes is in all respects for the benefit of the people
5 of the state and that the authority is an institution of
6 purely public charity and will be performing an essential
7 governmental function in the exercise of the power
8 conferred upon it by this chapter. For such reasons the
9 state covenants with the owners from time to time of the
10 bonds, notes, and other obligations issued under this
11 chapter that the authority shall not be required to pay
12 any taxes or assessments imposed by the state or any of
13 its counties, municipal corporations, political
14 subdivisions, or taxing districts upon any property
15 acquired by the authority or under its jurisdiction,
16 control, possession, or supervision or leased by it to
17 others, or upon its activities in the operation or
18 maintenance of any such property or on any income derived
19 by the authority in the form of fees, recording fees,
20 rentals, charges, purchase price, installments, or
21 otherwise, and that the bonds, notes, and other
22 obligations of the authority, their transfer, and the
23 income therefrom shall at all times be exempt from
24 taxation within the state. The tax exemption provided in
25 this chapter shall not include any exemption from sales
26 and use tax on property purchased by the authority or for
27 use by the authority.
28 50-32-38.
29 The issuance of any bond, revenue bond, note, or other
30 obligation or incurring of debt, public or otherwise, by
31 the authority must be approved by the commission
32 established by Article VII, Section IV, Paragraph VII of
33 the Constitution of the State of Georgia of 1983 or its
34 successor.
35 50-32-39.
36 No bonded indebtedness of any kind shall be incurred by
37 the authority or on behalf of the authority by the Georgia
38 Environmental Facilities Authority at any time when the
39 highest aggregate annual debt service requirements of the
40 state for the then current fiscal year or any subsequent
41 fiscal year for outstanding general obligation debt and
42 guaranteed revenue debt, including the proposed debt and
43 treating it as state general obligation debt or guaranteed
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1 revenue debt for purposes of calculating debt limitations
2 under this Code section, and the highest aggregate annual
3 payments for the then current fiscal year or any
4 subsequent fiscal year of the state under all contracts
5 then in force to which the provisions of the second
6 paragraph of Article IX, Section VI, Paragraph I(a) of the
7 Constitution of 1976 are applicable, exceed 7.5 percent of
8 the total revenue receipts, less refunds of the state
9 treasury in the fiscal year immediately preceding the
10 fiscal year in which any such debt is to be incurred.
11 ARTICLE 4
12 50-32-50.
13 (a) Any local government which is within the geographic
14 area over which the authority has jurisdiction or which is
15 within any county for which a special district has been
16 otherwise activated pursuant to this chapter may provide,
17 subject to the authorization of the authority as provided
18 for in this chapter, within the territorial limits of the
19 special district authorized by this chapter local
20 government services consisting of land public
21 transportation and air quality control, consistent with
22 the terms of any authorizing resolution of the authority
23 and, further, consistent with the regional plan or plans
24 approved by the authority pursuant to its delegated powers
25 if such plans are applicable to such local government's
26 territory. In providing such local services in such
27 special district pursuant to the provisions of this
28 chapter, the local government shall utilize one or more of
29 the funding mechanisms enumerated in Article IX, Section
30 II, Paragraph VI of the Constitution of this state for the
31 purpose of funding, in whole or in part, only the local
32 government services authorized by this chapter, and such
33 services may be provided, in whole or in part, pursuant to
34 a contract between one or more local governments within a
35 special district activated pursuant to this chapter.
36 (b) Projects and facilities for the provision of local
37 government services through special districts authorized
38 by this chapter shall be planned by the authority
39 consistent with approved regional plans, where applicable,
40 and may be designed, constructed, managed, operated, and
41 funded by the authority in whole or in part.
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1 50-32-51.
2 (a) For the purposes of this Code section, the term 'lease
3 agreement' shall mean and include a lease, operating lease
4 rental agreement, usufruct, sale and lease back, or any
5 other lease agreement having a term of not more than 50
6 years and concerning real, personal, or mixed property,
7 any right, title, or interest therein by and between the
8 state, the authority, a local government, or any
9 combination thereof.
10 (b) A local government by resolution of its governing body
11 may enter into a lease agreement for the provision of land
12 public transportation or air quality services utilizing
13 facilities owned by the authority upon such terms and
14 conditions as the authority shall determine to be
15 reasonable including, but not limited to, the
16 reimbursement of all costs of construction and financing
17 and claims arising therefrom.
18 (c) No lease agreement shall be deemed to be a contract
19 subject to any law requiring that a contract shall be let
20 only after receipt of competitive bids.
21 (d) Any lease agreement may provide for the construction
22 of such land public transportation or air quality facility
23 by the local government as agent for the authority. In
24 such event, all contracts for such construction shall be
25 let by such local government in accordance with the
26 provisions of law otherwise applicable to the letting of
27 such contracts by such local government and with the
28 provisions of state law pertaining to prevailing wages,
29 labor standards, and working hours. Any such lease
30 agreement may contain provisions by which such local
31 government shall indemnify the authority against any and
32 all damages resulting from acts or omissions to act on the
33 part of such local government or its officers, agents, or
34 employees in constructing such facility or facilities, in
35 letting any contracts in connection therewith, or in
36 operating and maintaining the same.
37 (e) Any lease agreement executed by the authority directly
38 with any local government may provide at the termination
39 thereof that title to the land public transportation or
40 air quality facility project shall vest in the local
41 government or its successor in interest, if any, free and
42 clear of any liens or encumbrances created in connection
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1 with any contract or bonds, revenue bonds, notes, or other
2 obligations involving the authority.
3 (f) Any lease agreement directly between the state or
4 authority and a local government may contain provisions
5 requiring the local government to perform any or all of
6 the following:
7 (1) In the case of a land public transportation
8 facility, to establish and collect rates, fees, and
9 charges so as to produce revenues sufficient to pay all
10 or a specified portion of:
11 (A) The costs of operation, maintenance, renewal,
12 replacement, and repairs of the land public
13 transportation facility of such local government; and
14 (B) Outstanding bonds, revenue bonds, notes, or other
15 obligations incurred for the purposes of such land
16 public transportation facility and to provide for the
17 payment of all amounts as they shall become due and
18 payable under the terms of such lease agreement,
19 including amounts for the creation and maintenance of
20 any required reserves;
21 (2) In the case of an air quality facility, to establish
22 and collect rents, rates, fees, and charges so as to
23 produce revenues sufficient to pay all or a specified
24 portion of:
25 (A) The costs of operation, maintenance, renewal, and
26 repairs of the air quality facility of such local
27 government; and
28 (B) Outstanding bonds, revenue bonds, notes, or other
29 obligations incurred for the purposes of such air
30 quality facility and to provide for the payment of all
31 amounts as they shall become due and payable under the
32 terms of such lease agreement, including amounts for
33 the creation and maintenance of any required reserves;
34 (3) To create and maintain reasonable reserves or other
35 special funds;
36 (4) To create and maintain a special fund or funds as
37 additional security for the punctual payment of any
38 rentals due under such lease agreement and for the
39 deposit therein of such revenues as shall be sufficient
40 to pay said lease rentals and any other amounts becoming
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1 due under such lease agreements as the same shall become
2 due and payable; or
3 (5) To perform such other acts and take such other
4 action as may be deemed necessary and desirable by the
5 authority to secure the complete and punctual
6 performance by such local government of such lease
7 agreements and to provide for the remedies of the
8 authority in the event of a default by such local
9 government in such payment.
10 50-32-52.
11 (a) The authority may make grants or loans to a local
12 government to pay all or any part of the cost of a
13 project. In the event the local government agrees to
14 accept such grants or loans, the authority may require the
15 local government to issue bonds or revenue bonds as
16 evidence of such grants or loans. The authority and a
17 local government may enter into such loan commitments and
18 option agreements as may be determined appropriate by the
19 authority.
20 (b) The authority may require as a condition of any grant
21 or loan to a local government that such local government
22 shall perform any or all of the following:
23 (1) In the case of grants or loans for a land public |