HB51: HB51 Georgia Environmental Finance Authority; finance and perform certain duties for projects relating to natural gas facilities; authorize

25 LC 47 3374S House Bill 51 (COMMITTEE SUBSTITUTE) By: Representatives Burchett of the 176th, Corbett of the 174th, Greene of the 154th, O’Steen of the 169th, and Ford of the 170th A BILL TO BE ENTITLED AN ACT To amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the1 Georgia Environmental Finance Authority, so as to authorize the authority to finance and2 perform certain duties in connection with projects relating to natural gas facilities; to revise3 definitions; to provide for rules and regulations; to provide for limited liability; to provide4 for related matters; to provide for an effective date; to repeal conflicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 23 of Title 50 of the Official Code of Georgia Annotate d, relating to the Georgia9 Environmental Finance Authority, is amended in Code Section 50- 23-4, relating to10 definitions, by revising paragraphs (5), (6), (10.1), and (10.2) and adding a new paragraph11 to read as follows:12 "(5) 'Environmental facilities' means any projects, structures, and other real or personal13 property acquired, rehabilitated, constructed, or planned:14 (A) For the purposes of supplying, distributing, and treating water and diverting,15 channeling, or controlling water flow and head including, but not limited to, surface or16 H. B. 51 (SUB) - 1 - 25 LC 47 3374S ground water, canals, reservoirs, channels, basins, dams, aqued ucts, standpipes,17 penstocks, conduits, pipelines, mains, pumping stations, water distribution systems,18 compensating reservoirs, intake stations, waterworks or sources of water supply, wells,19 purification or filtration plants or other treatment plants and works, connections, water20 meters, mechanical equipment, electric generating equipment, ri ghts of flowage or21 division and other plant structures, equipment, conveyances, real or personal property22 or rights therein and appurtenances, furnishings, accessories, and devices thereto23 necessary or useful and convenient for the collection, conveyan ce, distribution,24 pumping, treatment, storing, or disposing of water;25 (B) For the purposes of collecting, treating, or disposing of sewage including, but not26 limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall,27 pumping stations, treatment and disposal plants, ground water r echange basins,28 backflow prevention devices, sludge dewatering or disposal equipment and facilities,29 clarifiers, filters, phosphorus removal equipment and other pla nts, soil absorption30 systems, innovative systems or equipment, structures, equipment , vehicles,31 conveyances, real or personal property or rights therein, and a ppurtenances thereto32 necessary or useful and convenient for the collection, conveyance, pumping, treatment,33 neutralization, storing, and disposing of sewage;34 (C) For the purposes of collecting, treating, recycling, compo sting, or disposing of35 solid waste, including, but not limited to, trucks, dumpsters, intermediate reception36 stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills,37 landfill equipment, barrels, binders, barges, alternative techn ologies and other plant38 structures, equipment, conveyances, improvements, real or personal property or rights39 therein, and appurtenances, furnishings, accessories, and devices thereto necessary or40 useful and convenient for the collection, treatment, or disposal of solid waste; or41 (D) For the purposes of carrying out a community land conservation project or a state42 land conservation project pursuant to Chapter 22 of Title 36; or43 H. B. 51 (SUB) - 2 - 25 LC 47 3374S (E) For the purposes of storing, supplying, and distributing n atural gas outside any44 certified area of a nonmunicipal gas company, as such term is defined in paragraph (5)45 of Code Section 46-1-1, including, but not limited to, pipeline s, storage tanks and46 facilities, natural gas distribution systems, equipment, vehicl es, conveyances, real or47 personal property or rights therein and appurtenances, furnishi ngs, accessories, and48 devices thereto necessary or useful and convenient for the stor age, supply, and49 distribution of natural gas.50 (6) 'Environmental services' means the provision, collectively or individually, of water51 facilities, sewerage facilities, solid waste facilities, natural gas facilities, community land52 conservation projects or state land conservation projects pursuant to Chapter 22 Title 36,53 or management services."54 "(10.1) 'Natural gas facility' means any environmental facility described in subparagraph55 (E) of paragraph (5) of this Code section.56 (10.2) 'Nongovernmental entity' means a nonprofit organization the primary purposes of57 which are the permanent protection and conservation of land and natural resources.58 (10.2)(10.3) 'Nonprofit corporation' means any corporation qualified as a not for profit59 corporation by the Internal Revenue Service under Section 501(c)(3) or Section 501(c)(4)60 of the Internal Revenue Code."61 SECTION 2.62 Said chapter is further amended in subsection (b) of Code Secti on 50-23-5, relating to63 purpose, powers, and duties, by deleting "and" at the end of paragraph (33), by deleting the64 period and substituting in lieu thereof "; and" at the end of s ubparagraph (J) of paragraph65 (34), and by adding a new paragraph to read as follows:66 "(35) To promulgate and adopt rules and regulations to carry ou t the purposes of this67 chapter."68 H. B. 51 (SUB) - 3 - 25 LC 47 3374S SECTION 3.69 Said chapter is further amended in Code Section 50-23-12, relat ing to personal liability of70 members, officers, and employees of the authority, by revising paragraph (2) as follows:71 "(2) The construction, ownership, maintenance, or operation of any solid waste system,72 sewerage system, natural gas system, environmental facility, or water system owned by73 a local government; or"74 SECTION 4.75 This Act shall become effective upon its approval by the Governor or upon its becoming law76 without such approval.77 SECTION 5.78 All laws and parts of laws in conflict with this Act are repealed.79 H. B. 51 (SUB) - 4 -