Title 50, Chapter 23, Section 5
( 50-23-5)
(a) The corporate purpose and the general nature of the business of
the Georgia Environmental Facilities Authority shall be assistance
in constructing, extending, rehabilitating, repairing, replacing,
and renewing environmental facilities necessary for public purposes
and commercial, residential, and industrial development purposes or
necessary or incidental to such purposes by providing grants, loans,
bonds, and other forms of financial and technical assistance to
local governments and instrumentalities of the state to finance any
project or pay the cost of any project. (b) The authority shall have power: (1) To sue and be sued in all courts of this state, the original
jurisdiction and venue of such actions being the Superior Court of
Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other
instruments necessary or convenient to exercise the powers of the
authority or to further the public purpose for which the authority
is created, such contracts, leases, or instruments to include
contracts for construction, operation, management, or maintenance
of projects and facilities owned by local government, the
authority, or by the state or any state authority; and any and all
local governments, departments, institutions, authorities, or
agencies of the state are authorized to enter into contracts,
leases, agreements, or other instruments with the authority upon
such terms and to transfer real and personal property to the
authority for such consideration and for such purposes as they
deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real or personal property of every kind and
character, or any interest therein, in furtherance of the public
purpose of the authority; (5) To appoint an executive director who shall be executive
officer and administrative head of the authority. The executive
director shall be appointed and serve at the pleasure of the
authority. The executive director shall hire officers, agents, and
employees, prescribe their duties and qualifications and fix their
compensation, and perform such other duties as may be prescribed
by the authority. Such officers, agents, and employees shall serve
at the pleasure of the executive director; (6) To finance projects by loan, loan guarantee, grant, lease, or
otherwise, and to pay the cost of any project from the proceeds of
bonds, revenue bonds, notes, or other obligations of the authority
or any other funds of the authority or from any contributions or
loans by persons, corporations, partnerships, whether limited or
general, or other entities, all of which the authority is
authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue
bonds, notes, or other obligations, and to make grants to local
governments to finance projects and to pay the cost of any project
by local government and to adopt rules, regulations, and
procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and
to issue revenue bonds, notes, or other obligations to evidence
such loans and to execute leases, trust indentures, trust
agreements for the sale of its revenue bonds, notes, or other
obligations, loan agreements, mortgages, deeds to secure debt,
trust deeds, security agreements, assignments, and such other
agreements or instruments as may be necessary or desirable in the
judgment of the authority, and to evidence and to provide security
for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations of
the authority, to receive payments from the Department of
Community Affairs, and to use the proceeds thereof for the purpose
of: (A) Paying or loaning the proceeds thereof to pay, all or any
part of, the cost of any project or the principal of and
premium, if any, and interest on the revenue bonds, bonds,
notes, or other obligations of any local government issued for
the purpose of paying in whole or in part, the cost of any
project and having a final maturity not exceeding three years
from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or
necessary and appropriate to, furthering or carrying out the
purposes of the authority; and (C) Paying all costs of the authority incurred in connection
with the issuance of the revenue bonds, bonds, notes, or other
obligations; (10) To collect fees and charges in connection with its loans,
commitments, management services, and servicing including, but not
limited to, reimbursements of costs of financing, as the authority
shall determine to be reasonable and as shall be approved by the
authority; (11) Subject to any agreement with bondholders, to invest moneys
of the authority not required for immediate use to carry out the
purposes of this chapter, including the proceeds from the sale of
any bonds and any moneys held in reserve funds, in obligations
which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other
obligations, the principal and interest of which are guaranteed
by the state; (B) Bonds or other obligations of the United States or of
subsidiary corporations of the United States government fully
guaranteed by such government; (C) Obligations of agencies of the United States government
issued by the Federal Land Bank, the Federal Home Loan Bank, the
Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing
agency or municipality in the United States, which bonds or
obligations are fully secured as to the payment of both
principal and interest by a pledge of annual contributions under
an annual contributions contract or contracts with the United
States government, or project notes issued by any public housing
agency, urban renewal agency, or municipality in the United
States and fully secured as to payment of both principal and
interest by a requisition, loan, or payment agreement with the
United States government; (E) Certificates of deposit of national or state banks or
federal savings and loan associations located within the state
which have deposits insured by the Federal Deposit Insurance
Corporation or any Georgia deposit insurance corporation and
certificates of deposit of state building and loan associations
located within the state which have deposits insured by any
Georgia deposit insurance corporation, including the
certificates of deposit of any bank, savings and loan
association, or building and loan association acting as
depository, custodian, or trustee for any such bond proceeds;
provided, however, that the portion of such certificates of
deposit in excess of the amount insured by the Federal Deposit
Insurance Corporation or any Georgia deposit insurance
corporation, if any such excess exists, shall be secured by
deposit with the Federal Reserve Bank of Atlanta, Georgia, or
with any national or state bank located within the state, of one
or more of the following securities in an aggregate principal
amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any
county or municipality in the state; (ii) Obligations of the United States or subsidiary
corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government
included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing
agencies, urban renewal agencies, or municipalities included
in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements,
reverse repurchase agreements, rate guarantee agreements, or
other similar banking arrangements with a bank or trust company
having capital and surplus aggregating at least $50 million or
with any government bond dealer reporting to, trading with, and
recognized as a primary dealer by the Federal Reserve Bank of
New York having capital aggregating at least $50 million or with
any corporation which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant to the
requirements of the Bank Holding Company Act of 1956, provided
that each such interest-bearing time deposit, repurchase
agreement, reverse repurchase agreement, rate guarantee
agreement, or other similar banking arrangement shall permit the
moneys so placed to be available for use at the time provided
with respect to the investment or reinvestment of such moneys;
and (G) State operated investment pools. (12) To acquire or contract to acquire from any person, firm,
corporation, local government, federal or state agency, or
corporation by grant, purchase, or otherwise, leaseholds, real or
personal property, or any interest therein; and to sell, assign,
exchange, transfer, convey, lease, mortgage, or otherwise dispose
of or encumber the same; and local government is authorized to
grant, sell, or otherwise alienate leaseholds, real and personal
property, or any interest therein to the authority; (13) To invest any moneys held in debt service funds or sinking
funds not restricted as to investment by the Constitution or laws
of this state or the federal government or by contract not
required for immediate use or disbursement in obligations of the
types specified in paragraph (11) of this subsection, provided
that, for the purposes of this paragraph, the amounts and
maturities of such obligations shall be based upon and correlated
to the debt service, which debt service shall be the principal
installments and interest payments, schedule for which such moneys
are to be applied; (14) To provide advisory, technical, consultative, training,
educational, and project assistance services to the state and
local government and to enter into contracts with the state and
local government to provide such services. The state and local
governments are authorized to enter into contracts with the
authority for such services and to pay for such services as may be
provided them; (15) To make loan commitments and loans to local government and to
enter into option arrangements with local government for the
purchase of said bonds, revenue bonds, notes, or other
obligations; (16) To sell or pledge any bonds, revenue bonds, notes, or other
obligations acquired by it whenever it is determined by the
authority that the sale thereof is desirable; (17) To apply for and to accept any gifts or grants or loan
guarantees or loans of funds or property or financial or other aid
in any form from the federal government or any agency or
instrumentality thereof, or from the state or any agency or
instrumentality thereof, or from any other source for any or all
of the purposes specified in this chapter and to comply, subject
to the provisions of this chapter, with the terms and conditions
thereof; (18) To lease to local governments any authority owned facilities
or property or any state owned facilities or property which the
authority is managing under contract with the state; (19) To contract with state agencies or any local government for
the use by the authority of any property or facilities or services
of the state or any such state agency or local government or for
the use by any state agency or local government of any facilities
or services of the authority and such state agencies and local
governments are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of
bonds, revenue bonds, notes, or other obligations to the state,
any local government, or other entity, including the federal
government, for the cost or expense of any project or any part of
the cost or expense of any project, which credit or loans may be
evidenced or secured by trust indentures, loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security agreements,
or assignments, on such terms and conditions as the authority
shall determine to be reasonable in connection with such extension
of credit or loans, including provision for the establishment and
maintenance of reserve funds; and, in the exercise of powers
granted by this chapter in connection with any project, the
authority shall have the right and power to require the inclusion
in any such trust indentures, loan agreement, note, mortgage, deed
to secure debt, trust deed, security agreement, assignment, or
other instrument such provisions or requirements for guaranty of
any obligations, insurance, construction, use, operation,
maintenance, and financing of a project and such other terms and
conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes,
or other obligations of the authority, to pledge, lease, mortgage,
convey, assign, hypothecate, or otherwise encumber any property of
the authority including, but not limited to, real property,
fixtures, personal property, and revenues or other funds and to
execute any lease, trust indenture, trust agreement, agreement for
the sale of the authority's revenue bonds, notes or other
obligations, loan agreement, mortgage, deed to secure debt, trust
deed, security agreement, assignment, or other agreement or
instrument as may be necessary or desirable, in the judgment of
the authority, to secure any such revenue bonds, notes, or other
obligations, which instruments or agreements may provide for
foreclosure or forced sale of any property of the authority upon
default in any obligation of the authority, either in payment of
principal, premium, if any, or interest or in the performance of
any term or condition contained in any such agreement or
instrument; (22) To receive and use the proceeds of any tax levied by a local
government to pay all or any part of the cost of any project or
for any other purpose for which the authority may use its own
funds pursuant to this chapter; (23) To use income earned on any investment for such corporate
purposes of the authority as the authority in its discretion shall
determine, including, but not limited to, the use of repaid
principal and earnings on funds, the ultimate source of which was
an appropriation to a budget unit of the state to make loans for
solid waste projects; (24) To cooperate and act in conjunction with industrial,
commercial, medical, scientific, public interest, or educational
organizations; with agencies of the federal government and this
state and local government; with other states and their political
subdivisions; and with joint agencies thereof and such state
agencies, local government, and joint agencies are authorized and
empowered to cooperate and act in conjunction, and to enter into
contracts or agreements with the authority and local government to
achieve or further the policies of the state declared in this
chapter; (25) To adopt bylaws governing the conduct of business by the
authority, the election and duties of officers of the authority,
and other matters which the authority determines to deal with in
its bylaws; (26) To exercise any power granted by the laws of this state to
public or private corporations which is not in conflict with the
public purpose of the authority; (27) To do all things necessary or convenient to carry out the
powers conferred by this chapter; (28) To designate three or more of its number to constitute an
executive committee who, to the extent provided in such resolution
or in the bylaws of the authority, shall have and may exercise the
powers of the authority in the management of the affairs and
property of the authority and the exercise of its powers; (29) To procure insurance against any loss in connection with its
property and other assets or obligations or to establish cash
reserves to enable it to act as self-insurer against any and all
such losses; (30) To administer funds granted to the state by the administrator
of the federal Environmental Protection Agency pursuant to Title
VI of the Federal Water Pollution Control Act and Title XIV of the
federal Safe Drinking Water Act, as now or hereafter amended, for
the purpose of providing assistance to municipalities or counties
or any combination thereof or to any public authority or, if
authorized by law, any private agency, commission, or institution
for construction of treatment works as that term is defined in
Section 212 of the federal Clean Water Act of 1977, P.L. 95-217,
which are publicly owned. The authority is further authorized to
administer funds granted to the state by the administrator of the
federal Environmental Protection Agency pursuant to Title XIV of
the federal Safe Drinking Water Act, as now or hereafter amended,
for the purpose of providing assistance to municipalities or
counties or any combination thereof or any public or, if
authorized by law, any private authority, agency, commission, or
institution for the construction of public drinking water works as
such term is defined in Section 1401 of the federal Safe Drinking
Water Act Amendments of 1986, P.L. 99-339. The authority is
further authorized to administer funds granted to the state by the
administrator of the federal Environmental Protection Agency
pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of
providing financial assistance for any eligible water pollution
control project. The authority shall deposit any such funds
received from the administrator of the federal Environmental
Protection Agency into a separate water pollution control
revolving fund or a drinking water revolving fund transferred to
the authority from the Environmental Protection Division of the
Department of Natural Resources or hereafter established. The
forms and administration of such funds shall be established by
the authority in accordance with federal requirements; and (31) To contract with the director of the Environmental Protection
Division of the Department of Natural Resources for the
implementation and operation, in whole or in part, of any drought
protection program. (c) The authority shall not have the power of eminent domain. |