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Georgia Statutes, Title 50

Georgia/Statutes

← All Georgia coverage

Title 50

38 chapters · 1,009 sections in this title.

All chapters in Title 501,009 Ch 8, DEPARTMENT OF COMMUNITY AFFAIRS112 Ch 16, PUBLIC PROPERTY77 Ch 5, DEPARTMENT OF ADMINISTRATIVE SERVICES72 Ch 27, LOTTERY FOR EDUCATION67 Ch 3, STATE FLAG, SEAL, AND OTHER SYMBOLS64 Ch 12, COMMISSIONS AND OTHER AGENCIES45 Ch 18, STATE PRINTING AND DOCUMENTS44 Ch 9, GEORGIA BUILDING AUTHORITY43 Ch 7, DEPARTMENT OF ECONOMIC DEVELOPMENT41 Ch 17, STATE DEBT, INVESTMENT, AND DEPOSITORIES40 Ch 32, GEORGIA REGIONAL TRANSPORTATION AUTH…33 Ch 23, ENVIRONMENTAL FINANCE AUTHORITY32 Ch 39, ATLANTA-REGION TRANSIT LINK ‘‘ATL’’ …31 Ch 13, ADMINISTRATIVE PROCEDURE30

1,009 sections·Filtered byTitle 50✕

O.C.G.A. § 50-37-3 State agencies to enter into guaranteed energy savings performance contracts
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(a) Where not otherwise authorized by another provision of general law or local Act, a governmental unit may enter into a guaranteed energy savings performance contract with a qualiﬁed provider in accordance with the provisions of this chapter. The provisions of this chapter shal…
O.C.G.A. § 50-37-4 Contracts provisions
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(a) A guaranteed energy savings performance contract may provide that all payments, except obligations on termination of the contract before its scheduled expiration, shall be made over a period of time. The contract shall require the energy performance contractor to provide to t…
O.C.G.A. § 50-37-5 Funding for contracts
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(a) A governmental unit may use funds designated for operating, utilities, or capital expenditures for any guaranteed energy savings performance contract, including, without limitation, for purchases on an installment payment or lease purchase basis. (b) During the life of the co…
O.C.G.A. § 50-37-6 Review of capital improvement projects
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Every state agency shall periodically review all proposed capital improvement projects for potential applicability of this chapter and shall ﬁrst consider proceeding with a guaranteed energy savings performance contract under this chapter where appropriate. History. — Code 1981, …

O.C.G.A. § 50-37-7 Requirements for state agencies

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Requirements for state agencies: (1) The director shall be authorized to promulgate any rules, regulations, stipulations, and policies necessary to carry out the terms and provisions of this Code section regarding contracting and procurement procedures for state agencies. Any rul…

O.C.G.A. § 50-37-8 Funding for contracts

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Review of capital improvement projects. Requirements for state agencies. Statutory construction. savings or revenue gains attributable solely to the improvements. If such resolution is not so ratiﬁed, Section 2 of this Act shall not become effective and shall stand repealed in it…

O.C.G.A. § 50-38-1 Compact enacted and entered into; provisions of compact

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The State of Georgia enacts, adopts, and agrees to be bound by the following compact: ‘‘ARTICLE I DECLARATION OF POLICY, PURPOSE, AND INTENT Whereas, every State enacting, adopting, and agreeing to be bound by this Compact intends to ensure that their respective legislature’s use…

O.C.G.A. § 50-39-1 Short title

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This chapter shall be known and may be cited as the ‘‘Atlanta-region Transit Link ‘ATL’ Authority Act.’’ History. — Code 1981, § 50-39-1, enacted by Ga. L. 2018, p. 377, § 2-1/HB 930.

O.C.G.A. § 50-39-2 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Authority’’ means the Atlanta-region Transit Link ‘‘ATL’’ Authority. (2) ‘‘Bond’’ includes any revenue bond, bond, note, or other obligation. (3) ‘‘Clean Air Act’’ means the federal Clean Air Act, as amended in 1990 and codiﬁed at 42 U.S.C…

O.C.G.A. § 50-39-3 Creation of authority; board of directors

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(a) There is created the Atlanta-region Transit Link ‘‘ATL’’ Authority as a body corporate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed transit and air quality wit…

O.C.G.A. § 50-39-4 Membership; structure; operation; appointment of executive director; annual reporting

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(a)(1) The board of directors of the authority shall consist of 16 members, ten of whom shall be appointed from the authority districts described in paragraph (2) of this subsection, ﬁve of whom shall be appointed as described in paragraph (3) of this subsection, and the commissi…

O.C.G.A. § 50-39-5 Continuation of the development of the Atlanta region’s Concept 3 transit proposal

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The Atlanta Regional Commission in conjunction with the authority and the director of planning for the Department of Transportation shall utilize federal and state planning funds to continue the development of the Atlanta region’s Concept 3 transit proposal, including assessment …

O.C.G.A. § 50-39-10 Uniform operation; jurisdictional issues

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(a)(1) This chapter shall operate uniformly throughout the state. (2)(A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the C…

O.C.G.A. § 50-39-11 General powers of authority; construction with provisions on coordination and comprehensive planning and service delivery by counties and municipalities

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(a) The authority shall have the following general powers: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the superior court of any county wherein a substantial part of the business was transacted, the tortious act…

O.C.G.A. § 50-39-12 Development, review, and amendment of regional transit plan; coordination with federal priorities; branding

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(a) In consultation with the metropolitan planning organization, as such term is deﬁned in Code Section 48-8-242, which jurisdiction is located wholly or partially within the jurisdiction of the authority, the authority shall develop, annually review, and amend, as necessary, a r…

O.C.G.A. § 50-39-13 Delegation of authority by Governor; formulation of measurable targets; annual reporting

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(a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizat…

O.C.G.A. § 50-39-14 Approval of projects; issuance of bonds or other ﬁnancing issues; subordination of Georgia Environmental Finance Authority

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(a) In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after Ma…

O.C.G.A. § 50-39-15 Power of eminent domain; limitations

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(a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exerci…

O.C.G.A. § 50-39-16 United States’ constitutional rights not limited

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The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. History. — Code 1981, § 50-39-16, enacted by Ga. L. 2018, p. 377, § 2-1/HB 930.

O.C.G.A. § 50-39-17 Limitation on liability

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Neither the members of the authority nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any p…

O.C.G.A. § 50-39-18 Record and resource sharing between governmental entities

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(a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departm…

O.C.G.A. § 50-39-30 Utilization of funding resources

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In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources: (1) Revenue bonds as authorized by this chapter; (2) Guaranteed revenue bonds as authorized…

O.C.G.A. § 50-39-31 Responsibility for use of federal funds

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The authority may serve as the entity to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for transit projects and purposes within the jurisdiction of the authority. Unless designated otherwise by the federal government, the …

O.C.G.A. § 50-39-32 Revenue bonds

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(a)(1) The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this subsection in excess of th…

O.C.G.A. § 50-39-33 Guaranteed revenue bonds; exemption from taxation

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(a) The authority shall have the power and is authorized to issue guaranteed revenue bonds in a maximum aggregate principal amount not to exceed $1 billion, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this tit…

O.C.G.A. § 50-39-34 Bonds as securities; investments

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The bonds of the authority are made securities in which all public officials and bodies of the state and all counties and municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings ba…

O.C.G.A. § 50-39-35 Protection and assurances to bond owners

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The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulﬁll the terms of any agreement made with or for the beneﬁt of the owners of …

O.C.G.A. § 50-39-36 Exemption from Georgia Uniform Securities Act

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The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the ‘‘Georgia Uniform Securities Act of 2008.’’ No notice, proceeding, or publication except those required in this chapter…

O.C.G.A. § 50-39-37 State debt not created; guarantee of payment

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No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the aut…

O.C.G.A. § 50-39-38 Authority is created for beneﬁt of the state’s people; tax exemption

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It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the beneﬁt of the people of the state and that the authority is an institution of purely public charity and will be performing an essent…

O.C.G.A. § 50-39-39 Approval by the commission

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The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its succes…

O.C.G.A. § 50-39-40 Calculating debt limitations

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No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Finance Authority at any time when the highest aggregate annual debt service requirements of the state for the then current ﬁscal year or any subsequen…

O.C.G.A. § 50-39-50 ‘‘Lease agreement’’ deﬁned; operation; execution; provisions

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(a) For the purposes of this Code section, the term ‘‘lease agreement’’ shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed pr…

O.C.G.A. § 50-39-51 Payment for costs of a project; optional conditions; local government power to contract; fees

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(a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. In the event the local government agrees to accept such grants or loans, the authority may require the local government to issue bonds or revenue bonds as evidence of…

O.C.G.A. § 50-39-52 Withholding of funds to local government

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(a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond,…

O.C.G.A. § 50-39-53 Grant programs; pilot program formation; factors to be considered in selecting pilot projects; procedures; eligible projects

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(a) As used in this Code section, the term: (1) ‘‘Local government authority’’ and ‘‘state’’ mean the same as under 49 U.S.C. Section 5302. (2) ‘‘Public-private project initiative’’ means a local or regional streetcar project which is proposed and advanced by a cooperative entity…

O.C.G.A. § 50-39-60 Liberal construction

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This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes speciﬁed in this chapter. History. — Code 1981, § 50-39-60, enacted by Ga. L. 2018, p. 377, § 2-1/HB 930.

O.C.G.A. § 50-39-61 Application of Chapter 1 of Title 40

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No provision of Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services. History. — Code 1981, § 50-39-61, enacted by Ga. L. 2018, p. 377, § 2-1/HB 930. CHAPTER 40 PROMOTION AND DEPLOYMENT OF BROADBA…

O.C.G.A. § 50-40-1 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Broadband network project’’ means any deployment of broadband services. (2) ‘‘Broadband services’’ means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second …

O.C.G.A. § 50-40-2 Coordination of state-wide efforts; development of policies and programs; annual reporting and required information; cooperation between state agencies

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(a) The Georgia Technology Authority is authorized and directed to establish and implement such policies and programs as are necessary to coordinate state-wide efforts to promote and facilitate deployment of broadband services and other emerging communications technologies throug…

O.C.G.A. § 50-40-3 Conﬁdential and proprietary nature of information provided by broadband service providers

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All information provided by a broadband services provider pursuant to this chapter shall be presumed to be conﬁdential, proprietary, a trade secret as such term is deﬁned in Code Section 10-1-761, and subject to exemption from disclosure under state and federal law and shall not …

O.C.G.A. § 50-40-20 Determination of served and unserved areas

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The Department of Community Affairs shall determine those areas in the state that are served areas and unserved areas and shall publish such ﬁndings. History. — Code 1981, § 50-40-20, enacted by Ga. L. 2018, p. 629, § 6-1/SB 402.

O.C.G.A. § 50-40-21 Development, publication and utilization of map identifying underserved areas

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(a) On or before January 1, 2019, the Department of Community Affairs shall publish on its website a map showing the unserved areas in the state. (b) The Department of Community Affairs shall consult with the Federal Communications Commission in determining if a map showing the u…

O.C.G.A. § 50-40-22 Petition contesting maps

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(a) An entity that is authorized to apply for or that obtains a certiﬁcate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may ﬁle a petition with the Department of Community Affairs along with data specifying locations or…

O.C.G.A. § 50-40-40 Certiﬁcation as broadband ready community; requirements for certiﬁcation

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(a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certiﬁcation as a broadband ready commun…

O.C.G.A. § 50-40-41 Requirements for local ordinances for reviewing applications and issuing permits; development of model ordinances; monitoring compliance

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(a) A political subdivision shall not be certiﬁed as a broadband ready community unless such political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following: (1) Appointing a sin…

O.C.G.A. § 50-40-42 Decertiﬁcation by department

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A political subdivision that the department has certiﬁed as a broadband ready community under Code Section 50-40-41 may be decertiﬁed by the department if it: (1) Imposes an unreasonable or noncost based fee to review an application or issue a permit for a broadband network proje…

O.C.G.A. § 50-40-43 Request for decertiﬁcation from broadband service provider; determination on reasonableness of fee

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(a) Upon the request of a broadband services provider, the department may decertify a political subdivision as a broadband ready community if such political subdivision fails to act in accordance with the ordinance required for certiﬁcation under Code Section 50-40-41, modiﬁes su…

O.C.G.A. § 50-40-44 Priority of certain projects

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A broadband network project targeting industry development or construction of a new building for which a political subdivision that has been certiﬁed as a broadband ready community under Code Section 50-40-40 is seeking ﬁnancing from the OneGeorgia Authority, as provided for in C…

O.C.G.A. § 50-40-45 Regulatory authority

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The department shall promulgate any reasonable and necessary rules and regulations to effectuate the provisions of this article. History. — Code 1981, § 50-40-45, enacted by Ga. L. 2018, p. 629, § 6-1/SB 402. ARTICLE 4 GEORGIA BROADBAND READY COMMUNITY SITE DESIGNATION PROGRAM