36-70-27. Limitation of funding; sanctions.

1. (1)

   No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a local government service delivery strategy that the department has verified as meeting the requirements of Code Section 36-70-26, or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating.#

2. (2)

   Paragraph (1) of this subsection shall not apply to any:#

   1. (A)

      Drinking water or wastewater project of the Georgia Environmental Finance Authority;#

   2. (B)

      Public safety or Environmental Protection Division permits; or#

   3. (C)

      County, municipality, or authority that establishes to the satisfaction of the department through the adoption of a resolution that such county, municipality, or authority does not have any outstanding disagreements related to the service delivery strategy and is not otherwise responsible for such service delivery strategy not being verified by the department.#

Any local government or authority which is subject to the sanctions specified in subsection (a) of this Code section shall become eligible for state administered financial assistance or grants, loans, or permits on the first day of the month following verification by the department that the requirements of Code Section 36-70-26 have been met.#

The sanctions specified in subsection (a) of this Code section shall not apply to any state administered financial assistance or grant, loan, or permit that the applicable state agency or department determines is intended to address any of the following:#

1. (1)

   A state of emergency declared by any federal, state, or local emergency management agency, official, or authority;#

2. (2)

   A natural disaster;#

3. (3)

   Any set of conditions or circumstances that pose a danger to the health, safety, or welfare of any person or property; or#

4. (4)

   The order of any federal or state agency or court.#

1. (1)

   No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating.#

2. (2)

   Paragraph (1) of this subsection shall not apply to any drinking water project of the Georgia Environmental Finance Authority or of any local government or authority if such project is a proposed drinking water supply reservoir or any water withdrawal, treatment, distribution, or other potable water facility associated with such reservoir and the project shall furnish potable water to wholesale users in incorporated areas in one or more counties. Within one year after such proposed drinking water supply reservoir becomes operational, the local governments and authorities in the affected county or counties shall update their service delivery strategy or strategies to be consistent with water supply arrangements resulting from the operation of such reservoir.#

1. (1)

   If a municipality containing fewer than 500 persons within the county fails to establish a process to resolve disputes as required by subparagraph (C) of paragraph (4) of Code Section 36-70-24, the sanctions specified in subsection (a) of this Code section shall not be imposed upon:#

   1. (A)

      The county within which any such municipality or portion of any such municipality is located; or#

   2. (B)

      Any other municipality located in such county.#

2. (2)

   The provisions of this subsection shall apply only if a process to resolve disputes required by subparagraph (C) of paragraph (4) of Code Section 36-70-24 has been established between the county and each municipality containing 500 or more persons within the county.#

Any local government or authority which is subject to the sanctions specified in subsection (a) of this Code section shall become eligible for state administered financial assistance or grants, loans, or permits on the first day of the month following verification by the department that the requirements of Code Section 36-70-26 have been met.#