Georgia Senate - 1995/1996 Sessions

SB 749 - Dev. Auth. Law - redefine project regarding sewage disposal facility

Page Numbers - 1/ 2/ 3

Code Sections - 36-62-7

1. Edge  28th


Senate Comm: SLGO-G     /         House Comm: NatR       /                                          
Senate Vote: Yeas 48    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             2/26/96   Read 1st time          3/6/96                                                
             2/28/96   Favorably Reported     3/8/96                                                
             2/29/96   Read 2nd Time          3/7/96                                                
             3/5/96    Read 3rd Time          3/15/96                                               
             3/5/96    Passed/Adopted         3/15/96                                               
                       Comm/Floor Amend/Sub   FA                                                    
             3/18/96   Amend/Sub Disagreed To                                                       
                       Insists                3/18/96                                               
             3/18/96   Conf Comm Appointed    3/18/96                                               
             3/18/96   Conf Comm Rep Adopted  3/18/96                                               
             3/29/96   Sent To Governor                                                             
             4/15/96   Signed by Governor                                                           
             961       Act/Veto Number                                                              
           ---------------------------------------------                                            
           ---------------------------------------------                                            
                                                                                                    
CC# SENATE CONFEREES      HOUSE CONFEREES       SENATE    HOUSE                                     
#1  Edge - 28th           Dobbs - 92nd          Adopted   Adopted                                   
    Cagle - 49th          Hanner - 159th        3/18/96   3/18/96                                   
    Clay - 37th           Porter - 143rd                                                            
                                                                                                    
Code Sections amended: 36-62-2, 36-62-7                                                             


SB 749 96                                            SB749/AP

      SENATE BILL 749

      By:  Senator Edge of the 28th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 62 of Title 36 of the Official Code of
  1- 2  Georgia Annotated, known as the "Development Authorities
  1- 3  Law," so as to change the definition of the term "project"
  1- 4  with respect to sewage disposal facilities and solid waste
  1- 5  disposal facilities; to provide for the management of
  1- 6  projects by persons, firms, or private corporations as an
  1- 7  alternative to leasing or selling such projects; to provide
  1- 8  that management contracts shall include certain provisions
  1- 9  relating to the term of the contract and the costs of
  1-10  operating and maintaining a managed project; to provide that
  1-11  any such management contract may contain provisions allowing
  1-12  the authority to terminate the management contract under
  1-13  certain conditions; to provide for related matters; to
  1-14  provide an effective date; to repeal conflicting laws; and
  1-15  for other purposes.

  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-17  Chapter 62 of Title 36 of the Official Code of Georgia
  1-18  Annotated, known as the "Development Authorities Law," is
  1-19  amended by striking in its entirety subparagraph (E) of
  1-20  paragraph (6) of Code Section 36-62-2, relating to
  1-21  definitions applicable to said chapter, and inserting in
  1-22  lieu thereof a new subparagraph (E) to read as follows:

  1-23        "(E) The acquisition, construction, improvement, or
  1-24        modification of any property, real or personal, used
  1-25        as or in connection with a sewage disposal facility or
  1-26        a solid waste disposal facility which any federal,
  1-27        state, or local agency having jurisdiction in the
  1-28        premises shall have certified as necessary for the
  1-29        continued operation of the industries which the same
  1-30        is to serve and which is necessary for the public
  1-31        welfare, provided that if such facility is to be
  1-32        operated by, or is to serve related facilities of, a
  1-33        political subdivision or municipal corporation of this
  1-34        state or an agency, authority, or instrumentality

                              S. B. 749
                                 -1- (Index)

                                                    SB749/AP

  2- 1        thereof, for its general constituency, the
  2- 2        certification need only state that such facility is
  2- 3        necessary for the public welfare; provided, further,
  2- 4        that for the purposes of this subparagraph, the term
  2- 5        'sewage disposal facility' means any property used for
  2- 6        the collection, storage, treatment, utilization,
  2- 7        processing, or final disposal of sewage; for the
  2- 8        purposes of this subparagraph, the term 'solid waste
  2- 9        disposal facility' means any property used for the
  2-10        collection, storage, treatment, utilization,
  2-11        processing, or final disposal of solid waste; for the
  2-12        purposes of this subparagraph, the term 'solid waste'
  2-13        means garbage, refuse, or other discarded solid
  2-14        materials, including solid waste materials resulting
  2-15        from industrial and agricultural operations and from
  2-16        community activities but does not include solids or
  2-17        dissolved materials in domestic sewage or other
  2-18        significant pollutants in water resources, such as
  2-19        salt, dissolved or suspended solids in industrial
  2-20        waste-water effluents, and dissolved materials in
  2-21        irrigation return flows; and for the purposes of this
  2-22        subparagraph, the word 'garbage' includes putrescible
  2-23        wastes, including animal and vegetable matters, animal
  2-24        offal and carcasses, and recognizable industrial
  2-25        by-products but excludes sewage and human wastes; and
  2-26        the word 'refuse' includes all nonputrescible
  2-27        wastes;".

                         SECTION 2.

  2-28  Said chapter is further amended by striking in its entirety
  2-29  Code Section 36-62-7, relating to the prohibition against
  2-30  the operation of projects by governmental units and the sale
  2-31  or lease of property for operation, and inserting in lieu
  2-32  thereof a new Code Section 36-62-7 to read as follows:

  2-33    "36-62-7. (Index)

  2-34    No project acquired under this chapter shall be operated
  2-35    by an authority or any municipal corporation, county, or
  2-36    other governmental subdivision. Such a project shall be
  2-37    leased or sold to, or managed by, one or more persons,
  2-38    firms, or private corporations.  Any disposition of real
  2-39    property by an authority pursuant to paragraph (7) of Code
  2-40    Section 36-62-6 shall be made to one or more persons,
  2-41    firms, corporations, or governmental or public entities.
  2-42    If revenue bonds or other obligations are to be issued to
  2-43    pay all or part of the cost of the project, the project

                              S. B. 749
                                 -2- (Index)

                                                    SB749/AP

  3- 1    must be so leased or the contract for its sale or
  3- 2    management must be entered into prior to or simultaneously
  3- 3    with the issuance of the bonds or obligations; provided,
  3- 4    however, that the acquisition and development of land by
  3- 5    an authority as the site for an industrial park as
  3- 6    provided in this chapter shall not be deemed to be the
  3- 7    operation of a project and, notwithstanding anything in
  3- 8    this chapter to the contrary, an authority shall not be
  3- 9    required to enter into a lease of such a project or a
  3-10    contract for its sale or management as a condition to the
  3-11    issuance of bonds or other obligations of the authority to
  3-12    provide financing therefor. If sold, the purchase price
  3-13    may be paid at one time or in installments falling due
  3-14    over not more than 40 years from the date of transfer of
  3-15    possession.  The lessee or purchaser shall be required to
  3-16    pay all costs of operating and maintaining the leased or
  3-17    purchased property and to pay rentals or installments in
  3-18    amounts sufficient to pay the principal of and the
  3-19    interest and premium, if any, on all of its bonds and
  3-20    other obligations as such principal and interest become
  3-21    due. If the project is managed, the management contract
  3-22    must contain a term not less than the final maturity date
  3-23    of any bonds or other obligations of the authority to
  3-24    provide financing for the managed project and must provide
  3-25    that all costs of operating and maintaining the managed
  3-26    project, including all management fees payable under the
  3-27    management contract, shall be paid solely from the
  3-28    revenues of the managed project and from the proceeds of
  3-29    any bonds or other obligations of the authority to provide
  3-30    financing for the managed project. Any such management
  3-31    contract may contain provisions allowing the authority to
  3-32    terminate the management contract, but if the authority
  3-33    exercises any right to terminate a management contract, it
  3-34    must immediately enter into another management contract
  3-35    meeting the requirements of this Code section."

                         SECTION 3.

  3-36  This Act shall become effective upon its approval by the
  3-37  Governor or upon its becoming law without such approval.

                         SECTION 4.

  3-38  All laws and parts of laws in conflict with this Act are
  3-39  repealed.




                              S. B. 749
                                 -3- (Index)