Title 50, Chapter 23, Section 4
( 50-23-4)
As used in this chapter, the term: (1) "Authority" means the Georgia Environmental Facilities
Authority. (2) "Bond" includes revenue bond, bond, note, or other obligation. (3) "Cost of project" or "cost of any project" means: (A) All costs of acquisition, by purchase or otherwise,
construction, assembly, installation, modification, renovation,
extension, or rehabilitation incurred in connection with any
project or any part of any project; (B) All costs of real property, fixtures, or personal property
used in or in connection with or necessary for any project or
for any facilities related thereto, including but not limited
to, the cost of all land, interests in land, estates for years,
easements, rights, improvements, water rights, and connections
for utility services; the cost of fees, franchises, permits,
approvals, licenses, and certificates; the cost of securing any
such franchises, permits, approvals, licenses, or certificates;
the cost of preparation of any application therefor; and the
cost of all fixtures, machinery, equipment, furniture, and other
property used in or in connection with or necessary for any
project; (C) All financing charges, bond insurance, and loan or loan
guarantee fees and all interest on revenue bonds, notes, or
other obligations of the authority which accrue or are paid
prior to and during the period of construction of a project and
during such additional period as the authority may reasonably
determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, planning, environmental
assessments, financial analyses, and architectural, legal, and
accounting services and all expenses incurred by engineers,
surveyors, planners, environmental scientists, fiscal analysts,
architects, attorneys, accountants, and any other necessary
technical personnel in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for
bondholders under any bond resolution, trust agreement,
indenture of trust, or similar instrument or agreement; all
expenses incurred by any such fiscal agents, paying agents, and
trustees; and all other costs and expenses incurred relative to
the issuance of any bonds, revenue bonds, notes, or other
obligations for any project, including bond insurance; (G) All fees of any type charged by the authority in connection
with any project; (H) All expenses of or incidental to determining the feasibility
or practicability of any project; (I) All costs of plans and specifications for any project;
(J) All costs of title insurance and examinations of title with
respect to any project; (K) Repayment of any loans for the advance payment of any part
of any of the foregoing costs, including interest thereon and
any other expenses of such loans; (L) Administrative expenses of the authority and such other
expenses as may be necessary or incidental to any project or the
financing thereof or the placing of any project in operation;
and (M) The establishment of a fund or funds for the creation of a
debt service reserve, a renewal and replacement reserve, or such
other funds or reserves as the authority may approve with
respect to the financing and operation of any project and as may
be authorized by any bond resolution, trust agreement,
indenture, or trust or similar instrument or agreement pursuant
to the provisions of which the issuance of any revenue bonds,
notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes
specified in this paragraph shall be a part of the cost of the
project and may be paid or reimbursed as such out of the proceeds
of revenue bonds, notes, or other obligations issued by the
authority. (4) "County" means any county created under the Constitution or
laws of this state. (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; and (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. (6) "Environmental services" means the provision, collectively or
individually, of water facilities, sewerage facilities, solid
waste facilities, or management services. (7) "Local government" or "local governing authority" means any
municipal corporation or county or any local water or sewer or
sanitary district and any state or local authority, board, or
political subdivision created by the General Assembly or pursuant
to the Constitution and laws of the state. (8) "Management services" means technical, administrative,
instructional, or informational services provided to any current
or potential loan recipient in, but not limited to, the areas of
service charge structure; accounting, capital improvements
budgeting or financing; financial reporting, treasury management,
debt structure or administration or related fields of financial
management; contract or grant administration; management of water,
sewer, or solid waste systems; and economic development
administration or strategies. Management services may be
furnished either directly, on-site, or through other written or
oral means of communication and may consist of reports, studies,
presentations, or other analyses of a written or oral nature. (9) "May" means permission and not command. (10) "Municipal corporation" or "municipality" means any city or
town in this state. (11) "Obligation" means any bond, revenue bond, note, lease,
contract, evidence of indebtedness, debt, or other obligation of
the authority, the state, or local governments which are
authorized to be issued under this chapter or under the
Constitution or other laws of this state, including refunding
bonds. (12) "Project" means the acquisition, construction, installation,
modification, renovation, repair, extension, renewal, replacement,
or rehabilitation of land, interest in land, buildings,
structures, facilities, or other improvements and the acquisition,
installation, modification, renovation, repair, extension,
renewal, replacement, rehabilitation, or furnishing of fixtures,
machinery, equipment, furniture, or other property of any nature
whatsoever used on, in, or in connection with any such land,
interest in land, building, structure, facility, or other
improvement, all for the essential public purpose of providing
environmental facilities and services to meet public health and
environmental standards and to aid the development of trade,
commerce, industry, agriculture, and employment opportunities, or
projects authorized by the Georgia Regional Transportation
Authority created by Chapter 32 of this title as defined in such
chapter, where the authority has been directed to issue revenue
bonds, bonds, notes, or other obligations to finance such project
or the cost of a project in whole or in part, provided that the
authority's power with respect to such projects authorized by the
Georgia Regional Transportation Authority shall be limited to
providing such financing and related matters as authorized by the
Georgia Regional Transportation Authority. (13) "Revenue bond" includes bond, note, or other obligation. (14) "Self-liquidating project" means any project or combination
of projects if, in the judgment of the authority, the revenues,
rents, or earnings to be derived by the authority therefrom will
be sufficient to pay the cost of maintaining, repairing, and
operating the project and to pay the principal and interest of
revenue bonds which may be issued for the cost of such project,
projects, or combination of projects. (15) "Sewerage facility" means any environmental facility
described in subparagraph (B) of paragraph (5) of this Code
section, defining "environmental facilities." (15.5) "Solid waste facility" means any environmental facility
described in subparagraph (C) of paragraph (5) of this Code
section, defining "environmental facilities." (16) "Water facility" means any environmental facility described
in subparagraph (A) of paragraph (5) of this Code section,
defining "environmental facilities." |