HB536: HB536 Public Facilities Authority of the City of Fairburn Act; enact

Fairburn currently relies on other bodies, like its Development Authority, to help finance public projects. This bill creates a new state-authorized public corporation, the Public Facilities Authority of the City of Fairburn, dedicated to financing and providing facilities such as water and sewer systems, emergency and public safety buildings, recreational facilities, and government buildings within the city. The authority's board is made up of whoever sits on the Development Authority of the City of Fairburn's board at any given time, serving without pay except for expense reimbursement. The authority can issue revenue bonds and other obligations to pay for projects, but those bonds are only backed by the authority's own revenue, not by any city or county tax dollars, unless a local government separately agrees to pay under a contract. The authority's property and bonds are exempt from most state taxes, and the authority cannot tax anyone or use eminent domain. The law takes effect immediately once signed by the Governor.

• Establishes a new public corporation, the Public Facilities Authority of the City of Fairburn, to finance and provide public facilities in the city.
• Allows the authority to issue revenue bonds and other obligations to pay for capital projects like utilities, emergency facilities, parks, and government buildings.
• Makes the board of the Development Authority of the City of Fairburn automatically serve as the board of this new authority, with matching terms.
• Bars the new authority from taxing anyone or using eminent domain, and exempts its bonds and property from most state and local taxes.
• Specifies that bonds issued by the authority are backed only by its own project revenue, not by city or county tax dollars, unless a government separately agrees by contract.
• Requires that if the authority is ever dissolved, its remaining property and funds go to one or more public bodies chosen by the authority.

Fairburn city government and its Development Authority board members, who will also serve on this new authority; Fulton County courts, which handle bond validation lawsuits; bondholders and investors who buy the authority's revenue bonds; and residents of Fairburn who may use facilities the authority builds, such as utilities, parks, or public safety buildings.

Fairburn gains a dedicated financing tool to build public facilities like water systems, parks, or safety buildings by issuing bonds, without directly obligating city or county taxpayers unless they specifically agree. This could speed up local infrastructure projects while keeping financial risk mostly with bondholders rather than taxpayers.

• Section 3 creates the authority as a public corporation and instrumentality of the state, empowered to finance and provide facilities in Fairburn for public bodies or private persons.
• Section 4 lists the authority's powers, including acquiring and leasing property, issuing bonds, entering contracts up to 50 years, and operating like a private corporation.
• Section 5 makes the Development Authority of the City of Fairburn's board members automatically the authority's board, with matching terms and no separate compensation.
• Section 6 authorizes issuance of revenue bonds under Georgia's Revenue Bond Law (O.C.G.A. Title 36, Chapter 82) to fund or refinance projects.
• Section 7 clarifies that bonds are not a debt of any other public body and do not obligate any government to levy taxes to pay them, unless a contract says otherwise.
• Sections 16 and 17 exempt the authority's bonds, interest, and property from state taxation, including property taxes, though not from sales and use tax.
• Section 22 bars the authority from imposing taxes or using eminent domain.
• Section 26 makes the Act effective immediately upon the Governor's signature or upon becoming law without it.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 147
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-13Senate Passed/Adopted (Senate)
6. 2025-03-13Senate Committee Favorably Reported (Senate)
7. 2025-03-06Senate Read and Referred (Senate)
8. 2025-03-04House Passed/Adopted (House)

• Derrick Jackson (D, HD-068)Primary sponsor
• Lydia Glaize (D, HD-067)

1. PassedHouse voteMarch 4, 2025

   172 yea, 0 nay (6 not voting, 2 absent)

   Local Calendar : House Vote #148

2. PassedSenate voteMarch 13, 2025

   48 yea, 0 nay (4 not voting, 4 absent)

   Local Consent Calendar: Senate Vote #229

• local government authorities
• municipal bonds
• Fairburn Georgia
• public infrastructure financing
• development authorities