Title 50, Chapter 26, Section 4
( 50-26-4)
As used in this chapter, the term: (1) "Authority" means the Georgia Housing and Finance Authority or
any subsidiary corporation created by the board of directors of
the Georgia Housing and Finance Authority pursuant to this
chapter. (2) "Bonds" or "revenue bonds" means any bonds, revenue bonds,
notes, interim certificates, bond or revenue anticipation notes,
or other evidences of indebtedness of the authority issued under
this chapter, including, without limitation, obligations issued to
refund any of the foregoing, notwithstanding that such bonds may
be secured by a mortgage or the full faith and credit of a
participating provider, health care facility, business,
enterprise, or any local government. (3) "Business" means any lawful activity engaged in for profit or
not for profit, whether organized as a corporation; a partnership,
either general or limited; a sole proprietorship; or otherwise. (4) "Cost of project," "cost of any project," or "cost of an
enterprise" means, as the context may require, all, including but
without limiting the generality of the foregoing, of the
following: (A) All costs of acquisition, by purchase or otherwise, and all
costs of installation, modification, repair, reconditioning,
renovation, remodeling, extension, rehabilitation, or
preservation incurred in connection with any project or part of
any project; (B) All costs of real property, fixtures, equipment, or personal
property used in or in connection with or necessary or
convenient for any project or any facility or facilities related
thereto, including, but not limited to, cost of land, interests
in land, options to purchase, estates for years, easements,
rights, improvements, water rights, and connections for utility
services; the cost of fees, franchises, permits, approvals,
licenses, and certificates or the cost of securing any of the
foregoing; the cost of preparation of any application therefor;
and the cost of all fixtures, machinery, equipment, furniture,
and other property used in connection with or necessary or
convenient for any project or facility; (C) All financing charges, including, but not limited to,
premiums and prepayment penalties; interest accrued or to accrue
prior to and up to three years after the acquisition,
installation, financing, or commencement of a project and any
other cost related to a project up to three years after such
acquisition, installation, financing, refinancing, or
commencement; any loan or loan guarantee fees; and any fees paid
to or which accrue to the authority regardless of the timing of
such fees, prior to, during the operation of, or after the
acquisition, installation, financing, refinancing, or
commencement of a project; (D) The cost of architectural, engineering, legal, financing,
surveying, planning, environmental reports and inspections,
accounting services, and any and all other necessary technical
personnel or other expenses necessary or incident to planning,
providing, or determining the need for or the feasibility or
practicability of a project or financial assistance to or
financing of a project; (E) All fees for legal, accounting, bond, underwriting, trustee,
paying agent, option provider, credit enhancement, and fiscal
agent services for bondholders under any bond resolution, trust
agreement, indenture, or similar instrument or agreement and all
expenses incurred by any of the above; (F) The cost of plans and specifications for any project; (G) The cost of title insurance and title examinations with
respect to any project; (H) Administrative costs, expenses, and fees rendered or
incurred with respect to any project; (I) The cost of the establishment of any reserves, including,
but not limited to, any sinking fund and debt service reserves; (J) All costs of servicing any loans made or acquired; (K) The cost of the authority incurred in connection with
providing a project, including reasonable sums to reimburse the
authority for time spent by its agents or employees in providing
and financing a project; and (L) The cost paid or incurred for the administration of any
program for the purchase or lease of or the making of loans for
a project by the authority and any program for the sale or lease
of or making of loans for a project to any participating
provider, business, enterprise, local government, or any other
person. (5) "Enterprise" means a business engaged in manufacturing,
producing, processing, assembling, repairing, extracting,
warehousing, handling, or distributing any agricultural,
manufactured, mining, or industrial product or any combination of
the foregoing; a business engaged in furnishing or facilitating
communications, computer services, research, or transportation; a
business engaged in construction; and corporate and management
offices and services provided in connection with any of the
foregoing, in isolation or in any combination that involves, in
each case, either the creation of new or additional employment,
the retention of existing employment or payroll, or the increase
of average payroll for employees of such enterprise; provided,
however, that a shopping center, retail store or shop, or other
similar undertaking which is solely or predominantly of a
commercial retail nature shall not be an enterprise for the
purposes of this chapter. (6) "Facilities" means any real property, personal property, or
mixed property of any and every kind. (6.1) "Health care services" means any medical, health care, or
health care related services provided by a health care provider
licensed as a hospital by the Department of Human Resources under
Article 1 of Chapter 7 of Title 31, including, without limitation,
health care services for indigent patients whether or not such
services are supported directly or indirectly, and in whole or in
part, through any payment or reimbursement program of any federal,
state, or local governmental entity, agency, instrumentality, or
authority. (6.2) "Health facility" means any nonprofit health care facility
which is licensed as a hospital by the Department of Human
Resources under Article 1 of Chapter 7 of Title 31, owned or
operated by a participating provider, and utilized, directly or
indirectly, in health care, medical research, or the training or
teaching of health care personnel. (7) "Housing" means a specific work or undertaking, whether
acquisition, new construction, or rehabilitation, which is: (A)
designed or financed for the primary purpose of providing safe,
decent, energy efficient, appropriate, and affordable dwelling
accommodations for persons and families of low or moderate income;
or (B) designed or financed for special needs populations,
including, but without limiting the generality of the foregoing,
students, the aged, the infirm, the mentally disabled, the
mentally ill, and the physically disabled; such undertakings may
include any buildings, land, equipment, facilities, or other real
or personal properties which are necessary, convenient, or
desirable appurtenances, such as, but not limited to, site
preparation, landscaping, and other nonhousing facilities such as
recreational, administrative, health care, commercial, community,
and staff facilities as the authority deems incidental, necessary,
convenient, or desirable appurtenances; retirement homes, centers,
and related facilities; nursing homes and related facilities;
residential care facilities for the elderly or disabled; and
long-term or life-care facilities for the elderly or disabled; or
(C) without regard to income, for those geographic areas in which,
in the opinion of the authority, the development, preservation, or
improvement of housing is necessary for the purposes of: (i)
economic development or expansion; or (ii) retaining in or
attracting to such area qualified human resources essential to
industrial, business, commercial, and residential operations and
development. Such undertakings may be either single-family
dwellings or multifamily dwellings, energy improvements thereto,
or other improvements thereto and may include cooperatives,
condominiums, transitional housing, homeless shelters, single-room
occupancy housing, and any other building which provides
residential opportunities. (8) "Housing finance" means the purchase or acquisition of
mortgages or participations therein; the making of loans or grants
for housing; the administration of federal housing programs; the
underwriting, servicing, and administration of mortgages or
participations therein; and the allocation and administration of
tax credits pertaining to housing. (9) "Local government" or "local governing authority" means any
municipal corporation or county or any state or local authority,
board, or political subdivision created by the General Assembly or
pursuant to the Constitution and laws of this state. (10) "Operating capital" means the cost of general operation and
administration of a business for a temporary period, not to exceed
one year. (11) "Participating provider" means a nonprofit person,
corporation, municipal corporation, public corporation, or
political subdivision or other nonprofit entity, public or
private, which: (A) Is a hospital authority or is affiliated with a hospital
authority organized and existing under the provisions of Article
4 of Chapter 7 of Title 31; or (B) Owns or operates, directly or indirectly, or is affiliated
with, at least one nonprofit health facility which is licensed
as a hospital by the Department of Human Resources under Article
1 of Chapter 7 of Title 31 and which contracts under this chapter with the authority for the
financing, refinancing, lease, or other acquisition of a project. (12) "Project" includes: (A) Housing and facilities used in connection therewith; (B) Housing finance; (C) The acquisition, construction, or equipping of a health
facility; (D) Any one or more buildings or structures to be used in the
production, manufacturing, processing, assembling, storing, or
handling of any agricultural, manufactured, mining, or
industrial product or any combination of the foregoing, in every
case with all necessary or useful furnishings, machinery,
equipment, parking facilities, landscaping, and facilities for
outdoor storage, all as determined by the authority, which
determination shall be final and not subject to review; and
there may be included as part of any such project all
improvements necessary to the full utilization thereof,
including site preparation, roads and streets, sidewalks, water
supply, outdoor lighting, belt line railroad sidings and lead
tracks, bridges, causeways, terminals for railroad, automotive,
and air transportation, transportation facilities incidental to
the project, and the dredging and improving of harbors and
waterways, none of which foregoing descriptive words shall be
construed to constitute a limitation, provided that none of the
improvements described in this sentence shall be the primary
purpose of any project; (E) The acquisition, construction, leasing, or equipping of new
industrial facilities or the improvement, modification,
acquisition, expansion, modernization, leasing, equipping, or
remodeling of existing industrial facilities; (F) The acquisition, construction, improvement, or modification
of any property, real or personal, used as air or water
pollution control facilities which the authority has determined
is necessary for the operation of the industry or industries
which the same is to serve and which is necessary for the public
welfare, provided that, for the purposes of this subparagraph,
the term "air pollution control facility" means any property
used, in whole or in substantial part, to abate or control
atmospheric pollution or contamination by removing, altering,
disposing of, or storing atmospheric pollutants or contaminants,
if such facility is in furtherance of applicable federal, state,
or local standards for abatement or control of atmospheric
pollutants or contaminants; and provided, further, that, for the
purpose of this subparagraph, the term "water pollution control
facility" means any property used, in whole or in substantial
part, to abate or control water pollution or contamination by
removing, altering, disposing, or storing pollutants,
contaminants, wastes, or heat, including the necessary
intercepting sewers, outfall sewers, pumping, power, and other
equipment, holding ponds, lagoons, and appurtenances thereto, if
such facility is in the furtherance of applicable federal,
state, or local standards for the abatement or control of water
pollution or contamination; (G) The acquisition, construction, improvement, or modification
of any property, real or personal, used as or in connection with
a sewage disposal facility or a solid waste disposal facility
which the authority has determined is necessary for the
operation of the industries which the same is to serve and which
is necessary for the public welfare, provided that, for the
purposes of this subparagraph, the term "sewage disposal
facility" means any property used for the collection, storage,
treatment, utilization, processing, or final disposal of sewage;
for the purposes of this subparagraph, the term "solid waste
disposal facility" means any property used for the collection,
storage, treatment, utilization, processing, or final disposal
of solid waste; for the purposes of this subparagraph, the term
"solid waste" means garbage, refuse, or other discarded solid
materials, including solid waste materials resulting from
industrial and agricultural operations and from community
activities but does not include solids or dissolved materials in
domestic sewage or other significant pollutants in water
resources, such as salt, dissolved or suspended solids in
industrial waste-water effluents, and dissolved materials in
irrigation return flows; and for the purposes of this
subparagraph, the word "garbage" includes putrescible wastes,
including animal and vegetable matters, animal offal and
carcasses, and recognizable industrial by-products but excludes
sewage and human wastes; and the word "refuse" includes all
nonputrescible wastes; (H) The acquisition, construction, leasing, or financing of: (i) An office building facility and related real and personal
property for use by the authority or by any business or
charitable corporation, association, or similar entity which
will further the development of trade, commerce, industry, or
employment opportunities in this state and which shall be
adjacent to or used in conjunction with any other existing or
proposed project defined in this paragraph, which existing or
proposed project is used or intended to be used by the
authority or by such business or charitable corporation,
association, or similar entity; (ii) A separate office building facility and related real and
personal property for use by the authority or by any business
or charitable corporation, association, or similar entity
which will further the development of trade, commerce,
industry, or employment opportunities in this state; or (iii) Any real or personal property to be used by a charitable
corporation, association, or similar entity which will further
the development of trade, commerce, industry, or employment
opportunities in this state; (I) The acquisition, construction, equipping, improvement,
modification, or expansion of any property, real or personal,
for use by an enterprise; (J) The acquisition, construction, installation, modification,
renovation, or rehabilitation of land, interest in land,
buildings, structures, facilities, or other improvements and the
acquisition, installation, modification, renovation,
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 the development of trade, commerce,
industry, and employment opportunities. A project may be for
any industrial, commercial, business, office, parking, public,
or other use, provided that a majority of the members of the
authority determines, by a duly adopted resolution, that the
project and such uses thereof would further the public purpose
of this chapter; (K) The acquisition, construction, improvement, modification, or
expansion of a planned community development; and (L) The financing for the provision of health care services. (13) "State" means the State of Georgia. |