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 the
Georgia Environmental Finance Authority, so as to authorize the authority to finance and
perform certain duties in connection with projects relating to natural gas facilities; to revise
definitions; to provide for rules and regulations; to provide for limited liability; to provide
for related matters; to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia
Environmental Finance Authority, is amended in Code Section 50-23-4, relating to
definitions, by revising paragraphs (5), (6), (10.1), and (10.2) and adding a new paragraph
to read as follows:
"(5) 'Environmental facilities' means any projects, structures, and other real or personal
property acquired, rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing, and treating water and diverting,
channeling, or controlling water flow and head including, but not limited to, surface or
ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes,
penstocks, conduits, pipelines, mains, pumping stations, water distribution systems,
compensating reservoirs, intake stations, waterworks or sources of water supply, wells,
purification or filtration plants or other treatment plants and works, connections, water
meters, mechanical equipment, electric generating equipment, rights of flowage or
division and other plant structures, equipment, conveyances, real or personal property
or rights therein and appurtenances, furnishings, accessories, and devices thereto
necessary or useful and convenient for the collection, conveyance, distribution,
pumping, treatment, storing, or disposing of water;
(B) For the purposes of collecting, treating, or disposing of sewage including, but not
limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall,
pumping stations, treatment and disposal plants, ground water rechange basins,
backflow prevention devices, sludge dewatering or disposal equipment and facilities,
clarifiers, filters, phosphorus removal equipment and other plants, soil absorption
systems, innovative systems or equipment, structures, equipment, vehicles,
conveyances, real or personal property or rights therein, and appurtenances thereto
necessary or useful and convenient for the collection, conveyance, pumping, treatment,
neutralization, storing, and disposing of sewage;
(C) For the purposes of collecting, treating, recycling, composting, or disposing of
solid waste, including, but not limited to, trucks, dumpsters, intermediate reception
stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills,
landfill equipment, barrels, binders, barges, alternative technologies and other plant
structures, equipment, conveyances, improvements, real or personal property or rights
therein, and appurtenances, furnishings, accessories, and devices thereto necessary or
useful and convenient for the collection, treatment, or disposal of solid waste; <del>or
</del> (D) For the purposes of carrying out a community land conservation project or a state
land conservation project pursuant to Chapter 22 of Title 36; <ins>or
</ins>
<ins>(E) For the purposes of storing, supplying, and distributing natural gas outside any
certified area of a nonmunicipal gas company, as such term is defined in paragraph (5)
of Code Section 46-1-1, including, but not limited to, pipelines, storage tanks and
facilities, natural gas distribution systems, equipment, vehicles, conveyances, real or
personal property or rights therein and appurtenances, furnishings, accessories, and
devices thereto necessary or useful and convenient for the storage, supply, and
distribution of natural gas.
</ins> (6) 'Environmental services' means the provision, collectively or individually, of water
facilities, sewerage facilities, solid waste facilities, <ins>natural gas facilities,</ins> community land
conservation projects or state land conservation projects pursuant to Chapter 22 Title 36,
or management services."
"(10.1) <ins>'Natural gas facility' means any environmental facility described in subparagraph
(E) of paragraph (5) of this Code section.
(10.2)</ins> 'Nongovernmental entity' means a nonprofit organization the primary purposes of
which are the permanent protection and conservation of land and natural resources.
<del>(10.2)(10.3)</del> 'Nonprofit corporation' means any corporation qualified as a not for profit
corporation by the Internal Revenue Service under Section 501(c)(3) or Section 501(c)(4)
of the Internal Revenue Code."
SECTION 2.
Said chapter is further amended in subsection (b) of Code Section 50-23-5, relating to
purpose, powers, and duties, by deleting "and" at the end of paragraph (33), by deleting the
period and substituting in lieu thereof "; and" at the end of subparagraph (J) of paragraph
(34), and by adding a new paragraph to read as follows:
<ins>"(35) To promulgate and adopt rules and regulations to carry out the purposes of this
chapter."
</ins>
SECTION 3.
Said chapter is further amended in Code Section 50-23-12, relating to personal liability of
members, officers, and employees of the authority, by revising paragraph (2) as follows:
"(2) The construction, ownership, maintenance, or operation of any solid waste system,
sewerage system, <ins>natural gas system,</ins> environmental facility, or water system owned by
a local government; or"
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.