HB1133: HB1133 Georgia Environmental Finance Authority; finance and perform certain duties in connection with projects related to facilitating solar installations on closed landfills; authorize

26 LC 44 3381 House Bill 1133 By: Representatives Dickey of the 134th, Corbett of the 174th, Camp of the 135th, and Smith of the 70th A BILL TO BE ENTITLED AN ACT To amend Chapter 23 of Title 50, Code Section 36-91-100, and Code Section 48-8-200 of1 the Official Code of Georgia Annotated, relating to the Georgia Environmental Finance2 Authority, definitions regarding bidding for government works p rojects, and definitions3 regarding water and sewer projects and costs tax, respectively, so as to authorize the4 authority to finance and perform certain duties in connection w ith projects related to5 facilitating solar installations on closed landfills; to provide for limited liability; to provide6 for definitions; to make conforming changes; to provide for related matters; to provide for7 contingent effectiveness upon appropriation of funds; to repeal conflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 23 of Title 50 of the Official Code of Georgia Annotate d, relating to the Georgia12 Environmental Finance Authority, is amended by revising Code Section 50-23-4, relating to13 definitions, as follows:14 "50-23-4.15 As used in this chapter, the term:16 H. B. 1133 - 1 - 26 LC 44 3381 (1) 'Authority' means the Georgia Environmental Finance Authority.17 (2) 'Bond' includes revenue bond, bond, note, or other obligation.18 (3) 'Closed landfill' means a landfill that has been closed pu rsuant to a procedure19 approved by the Environmental Protection Division of the Depart ment of Natural20 Resources which provided for the cessation of waste receipt at a solid waste disposal site21 and for the securing of the site in preparation for postclosure.22 (3)(4) 'Cost of project' or 'cost of any project' means:23 (A) All costs of ac quisition, by purchase or otherwise, constr uction, assembly,24 installation, modification, renovation, extension, or rehabilit ation incurred in25 connection with any project or any part of any project;26 (B) All costs of real property, fixtures, or personal property used in or in connection27 with or necessary for any project or for any facilities related thereto, including but not28 limited to, the cost of all land, interests in land, estates fo r years, easements, rights,29 improvements, water rights, and connections for utility service s; the cost of fees,30 franchises, permits, approvals, licenses, and certificates; the cost of securing any such31 franchises, permits, approvals, licenses, or certificates; the cost of preparation of any32 application therefor; and the cost of all fixtures, machinery, equipment, furniture, and33 other property used in or in connection with or necessary for any project;34 (C) All financing charges, bond insurance, and loan or loan gu arantee fees and all35 interest on revenue bonds, notes, or other obligations of the authority which accrue or36 are paid prior to and during the period of construction of a pr oject and during such37 additional period as the authority may reasonably determine to be necessary to place38 such project in operation;39 (D) All costs of engineering, surveying, planning, environmental assessments, financial40 analyses, and architectural, legal, and accounting services and all expenses incurred by41 engineers, surveyors, planners, environmental scientists, fisca l analysts, architects,42 H. B. 1133 - 2 - 26 LC 44 3381 attorneys, accountants, and any other necessary technical personnel in connection with43 any project;44 (E) All expenses for inspection of any project;45 (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any46 bond resolution, trust agreement, indenture of trust, or similar instrument or agreement;47 all expenses incurred by any such fiscal agents, paying agents, and trustees; and all48 other costs and expenses incurred relative to the issuance of any bonds, revenue bonds,49 notes, or other obligations for any project, including bond insurance;50 (G) All fees of any type charged by the authority in connection with any project;51 (H) All expenses of or incidental to determining the feasibility or practicability of any52 project;53 (I) All costs of plans and specifications for any project;54 (J) All costs of title insurance and examinations of title with respect to any project;55 (K) Repayment of any loans for the advance payment of any part of any of the56 foregoing costs, including interest thereon and any other expenses of such loans;57 (L) Administrative expenses of the authority and such other ex penses as may be58 necessary or incidental to any project or the financing thereof or the placing of any59 project in operation; and60 (M) The establishment of a fund or funds for the creation of a debt service reserve, a61 renewal and replacement reserve, or such other funds or reserves as the authority may62 approve with respect to the financing and operation of any proj ect and as may be63 authorized by any bond resolution, trust agreement, indenture, o r t r u s t o r s i m i l a r64 instrument or agreement pursuant to the provisions of which the issuance of any65 revenue bonds, notes, or other obligations of the authority may be authorized.66 Any cost, obligation, or expense incurred for any of the purpos es specified in this67 paragraph shall be a part of the cost of the project and may be paid or reimbursed as such68 out of the proceeds of revenue bonds, notes, or other obligations issued by the authority.69 H. B. 1133 - 3 - 26 LC 44 3381 (4)(5) 'County' means any county created under the Constitution or laws of this state.70 (5)(6) 'Environmental facilities' means any projects, structures, and other real or personal71 property acquired, rehabilitated, constructed, or planned:72 (A) For the purposes of supplying, distributing, and treating water and diverting,73 channeling, or controlling water flow and head, including, but not limited to, surface74 or ground water, canals, reservoirs, channels, basins, dams, aq ueducts, standpipes,75 penstocks, conduits, pipelines, mains, pumping stations, water distribution systems,76 compensating reservoirs, intake stations, waterworks or sources of water supply, wells,77 purification or filtration plants or other treatment plants and works, connections, water78 meters, mechanical equipment, electric generating equipment, ri ghts of flowage or79 division and other plant structures, equipment, conveyances, real or personal property80 or rights therein and appurtenances, furnishings, accessories, and devices thereto81 necessary or useful and convenient for the collection, conveyan ce, distribution,82 pumping, treatment, storing, or disposing of water;83 (B) For the purposes of collecting, treating, or disposing of sewage, including, but not84 limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall,85 pumping stations, treatment and disposal plants, ground water r echange basins,86 backflow prevention devices, sludge dewatering or disposal equipment and facilities,87 clarifiers, filters, phosphorus removal equipment and other pla nts, soil absorption88 systems, innovative systems or equipment, structures, equipment , vehicles,89 conveyances, real or personal property or rights therein, and a ppurtenances thereto90 necessary or useful and convenient for the collection, conveyance, pumping, treatment,91 neutralization, storing, and disposing of sewage;92 (C) For the purposes of collecting, treating, recycling, compo sting, or disposing of93 solid waste, including, but not limited to, trucks, dumpsters, intermediate reception94 stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills,95 landfill equipment, barrels, binders, barges, alternative techn ologies and other plant96 H. B. 1133 - 4 - 26 LC 44 3381 structures, equipment, conveyances, improvements, real or personal property or rights97 therein, and appurtenances, furnishings, accessories, and devices thereto necessary or98 useful and convenient for the collection, treatment, or disposal of solid waste;99 (D) For the purposes of carrying out a community land conservation project or a state100 land conservation project pursuant to Chapter 22 of Title 36;101 (E) For the purposes of conversion of electrical lines from ab oveground lines to102 underground lines; or103 (F) For the purposes of storing, supplying, and distributing n atural gas outside any104 certified area of a nonmunicipal gas company, as such term is d efined in Code105 Section 46-1-1, including, but not limited to, pipelines, stora ge tanks and facilities,106 natural gas distribution systems, equipment, vehicles, conveyan ces, real or personal107 property or rights therein and appurtenances, furnishings, acce ssories, and devices108 thereto necessary or useful and convenient for the storage, supply, and distribution of109 natural gas; or110 (G) For the purpose of facilitating solar installations on closed landfills, including, but111 not limited to, solar modules and panels, inverters, support st ructures and racking,112 electrical wiring and cables, transformers, telecommunications and monitoring113 equipment, access roads, meteorological stations, security fencing, and energy storage114 facilities.115 (6)(7) 'Environmental services' means the provision, collectively or individually, of water116 facilities, sewerage facilities, solid waste facilities, facili tation of solar installations on117 closed landfills, natural gas facilities, conversion of electrical lines from ab oveground118 lines to underground lines, community land conservation project s or state land119 conservation projects pursuant to Chapter 22 Title 36, or management services.120 (8) 'Landfill' means an area of land on which or an excavation in which solid waste is121 placed for permanent disposal and which is not a land applicati on unit, surface122 impoundment, injection well, or compost pile.123 H. B. 1133 - 5 - 26 LC 44 3381 (7)(9) 'Local government' or 'local governing authority' means any municipal corporation124 or county or any local water or sewer or sanitary district and any state or local authority,125 board, or political subdivision created by the General Assembly or pursuant to the126 Constitution and laws of the state.127 (8)(10) 'Management services' means technical, administrative, instru ctional, or128 informational services provided to any current or potential loa n recipient in, but not129 limited to, the areas of service charge structure; accounting, capital improvements130 budgeting or financing; financial reporting, treasury managemen t, debt structure or131 administration or related fields of financial management; contract or grant administration;132 management of water, sewer, or solid waste systems; and economi c development133 administration or strategies. Management services may be furni shed either directly,134 on-site, or through other written or oral means of communicatio n and may consist of135 reports, studies, presentations, or other analyses of a written or oral nature.136 (9)(11) 'May' means permission and not command.137 (10)(12) 'Municipal corporation' or 'municipality' means any city or town in this state.138 (10.1)(13) 'Natural gas facility' means any environmental facility descr ibed in139 subparagraph (F) of paragraph (5) (6) of this Code section.140 (10.2)(14) 'Nongovernmental entity' means a nonprofit organization the p rimary141 purposes of which are the permanent protection and conservation of land and natural142 resources.143 (10.3)(15) 'Nonprofit corporation' means any corporation qualified as a not for profit144 corporation by the Internal Revenue Service under Section 501(c)(3) or Section 501(c)(4)145 of the Internal Revenue Code.146 (11)(16) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of147 indebtedness, debt, or other obligation of the authority, the s tate, or local governments148 which are authorized to be issued under this chapter or under t he Constitution or other149 laws of this state, including refunding bonds.150 H. B. 1133 - 6 - 26 LC 44 3381 (12)(17) 'Project' means:151 (A) The acquisition, construction, installation, modification, renovation, repair,152 extension, renewal, replacement, or rehabilitation of land, int erest in land, buildings,153 structures, facilities, or other improvements and the acquisiti on, installation,154 modification, renovation, repair, extension, renewal, replaceme nt, rehabilitation, or155 furnishing of fixtures, machinery, equipment, furniture, or other property of any nature156 whatsoever used on, in, or in connection with any such land, interest in land, building,157 structure, facility, or other improvement, all for the essentia l public purpose of158 providing environmental facilities and services so as to meet p ublic health and159 environmental standards, protect the state's valuable natural r esources, or aid the160 development of trade, commerce, industry, agriculture, and employment opportunities,161 including, but not limited to, any project as defined by Code Section 12-5-471;162 (B) Projects authorized by the Georgia Regional Transportation Authority created by163 Chapter 32 of this title and as defined in such chapter, where such authority has been164 directed to issue revenue bonds, bonds, notes, or other obligat ions to finance such165 project or the cost of a project in whole or in part, provided that such authority's power166 with respect to such projects authorized by the Georgia Regiona l Transportation167 Authority shall be limited to providing such financing and related matters as authorized168 by the Georgia Regional Transportation Authority; and169 (C) Projects authorized by the Atlanta-region Transit Link 'AT L' Authority created170 pursuant to Chapter 39 of this title and as defined in such chapter, where such authority171 has been directed to issue revenue bonds, bonds, notes, or other obligations to finance172 such project or the cost of a project in whole or in part, provided that such authority's173 power with respect to such projects authorized by the Atlanta-region Transit Link 'ATL'174 Authority shall be limited to providing such financing and related matters as authorized175 by the Atlanta-region Transit Link 'ATL' Authority.176 (13)(18) 'Revenue bond' includes bond, note, or other obligation.177 H. B. 1133 - 7 - 26 LC 44 3381 (14)(19) 'Self-liquidating project' means any project or combination of projects if, in the178 judgment of the authority, the revenues, rents, or earnings to be derived by the authority179 therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the180 project and to pay the principal and interest of revenue bonds which may be issued for181 the cost of such project, projects, or combination of projects.182 (15)(20) 'Sewerage facility' means any environmental facility describe d in183 subparagraph (B) of paragraph (5) ( 6 ) of this Code section, defining 'environmental184 facilities.'.185 (21) 'Solar installation' means a solar energy device that does not meet the definition of186 solar technology pursuant to Code Section 46-3-62, or the integrated collection of such187 devices, together with any equipment or other personal property and improvements under188 common ownership that are used to support the operation of such a solar energy device189 or solar energy devices, including, but not limited to, undergr ound or aboveground190 electrical transmission or communications lines, electric trans formers, battery storage191 facilities, telecommunications equipment, roads, meteorological towers, and maintenance192 yards.193 (22) 'Solid waste' means any garbage or refuse; sludge from a waste-water treatment194 plant, water supply treatment plant, or air pollution control facility; and other discarded195 material including solid, semisolid, or contained gaseous mater ial resulting from196 industrial, commercial, mining, and agricultural operations and community activities. 197 Such term does not include recovered materials, post-use plasti cs and nonrecycled198 feedstock that are subsequently processed using a pyrolysis or gasification to fuels and199 chemicals process, solid or dissolved materials in domestic sew age, solid or dissolved200 materials in irrigation return flows or industrial discharges that are point sources subject201 to permit under 33 U.S.C. Section 1342, or source, special nuclear, or by-product material202 as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).203 H. B. 1133 - 8 - 26 LC 44 3381 (15.5)(23) 'Solid waste facility' means any environmental facility descr ibed in204 subparagraph (C) of paragraph (5) ( 6 ) of this Code section, defining 'environmental205 facilities.'.206 (16)(24) 'Water facility' means any environmental facility described in subparagraph (A)207 of paragraph (5) (6) of this Code section, defining 'environmental facilities.'."208 SECTION 2.209 Said chapter is further amended by revising Code Section 50-23- 12, relating to personal210 liability of members, officers, and employees of the authority, as follows:211 "50-23-12.212 Neither the members of the authority nor any officer or employee of the authority acting213 in behalf thereof, while acting within the scope of his or her authority, shall be subject to214 any liability resulting from:215 (1) The construction, ownership, maintenance, or operation of any project financed with216 the assistance of the authority;217 (2) The construction, ownership, maintenance, or operation of any solid waste system,218 sewerage system, natural gas system, environmental facility, or water system owned by219 a local government; or220 (3) The facilitation of solar installations on closed landfills; or221 (3)(4) Carrying out any of the powers expressly given in this article."222 SECTION 3.223 Code Section 36-91-100 of the Official Code of Georgia Annotated, relating to definitions224 regarding bidding for government works projects, is amended by revising paragraph (5) as225 follows:226 H. B. 1133 - 9 - 26 LC 44 3381 "(5) 'Project' has the meaning provided by paragraph (10) of shall have the same meaning227 as set forth in Code Section 12-5-471 and includes environmental facilities as defined in228 subparagraph (B) of paragraph (5) (6) of Code Section 50-23-4."229 SECTION 4.230 Code Section 48-8-200 of the Official Code of Georgia Annotated , relating to definitions231 regarding water and sewer projects and costs tax, is amended by revising subparagraph (c)232 of paragraph (4) as follows:233 "(C)(i) With respect to any project or projects provided for under subparagraph (A)234 or (B) of this paragraph:235 (I) Any cost of project or cost of any project as defined under paragraph (3) (4) of236 Code Section 50-23-4; and237 (II) Any maintenance and operation costs."238 SECTION 5.239 This Act shall become effective on July 1, 2027, and shall be subject to appropriation by the240 General Assembly.241 SECTION 6.242 All laws and parts of laws in conflict with this Act are repealed.243 H. 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