---
title: O.C.G.A. § 36-63-11. Construction of chapter generally; applicability of certain other provisions of law to proceedings under chapter; effect of chapter with respect to other development authorities.
collection: code
id: 36-63-11
cite_as: O.C.G.A. § 36-63-11 (2025)
canonical_url: https://georgiacommons.org/code/36-63-11
md_url: https://georgiacommons.org/code/36-63-11.md
text_url: https://georgiacommons.org/code/36-63-11/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t36-ch60-92-(v27a)-2025-pdf.pdf?sfvrsn=1fad51cc_0#page=166
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LOCAL GOVERNMENT / Provisions Applicable to Counties and Municipal Corporations / RESOURCE RECOVERY DEVELOPMENT AUTHORITIES
---

# O.C.G.A. § 36-63-11. Construction of chapter generally; applicability of certain other provisions of law to proceedings under chapter; effect of chapter with respect to other development authorities.

(a) This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the “Georgia Uniform Securities Act of 2008,” or any other law. Any sale or disposition of any useful form of energy produced from a solid waste project financed by revenue bonds issued on or before August 8, 1985, and which is substantially constructed as of January 1, 1987, which sale or disposition is made in the county wherein the project is located shall not be subject to the provisions of Part 3 of Article 1 of Chapter 3 of Title 46, “The Georgia Cogeneration and Distributed Generation Act of 2001.” In the event that the immediately preceding sentence of this subsection shall for any reason be held invalid, the remaining provisions of this subsection and this Code section shall remain in full force and effect. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum.

(b) A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate an authority under this chapter, notwithstanding the existence of any other development authority within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this chapter shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence.

## History

Code 1933, § 69-1509a, enacted by Ga. L. 1978, p. 1898, § 1; Ga. L. 1984, p. 22, § 36; Ga. L. 1984, p. 1694, § 3; Ga. L. 1987, p. 1021, § 1; Ga. L. 1993, p. 91, § 36; Ga. L. 2008, p. 381, § 11/SB 358; Ga. L. 2020, p. 493, § 36/SB 429.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1987, a comma was inserted following “invalid” in the fourth sentence of subsection (a).