Title 50, Chapter 34, Section 2
( 50-34-2)
As used in this chapter, the term: (1) "Authority" means the OneGeorgia Authority or any subsidiary
corporation created by the board of directors of the OneGeorgia
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 the full faith and credit of a business, enterprise,
or federal tobacco settlement proceeds paid to the State of
Georgia. (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; an educational
institution; 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 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 tourism; a business engaged in commercial or
retail sales or service; 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. (6) "Facilities" means any real property, personal property, or
mixed property of any and every kind. (7) "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. (8) "Operating capital" means the cost of general operation and
administration of a business for a temporary period, not to exceed
one year. (9) "Project" includes: (A) 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; (B) 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; (C) 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 of, 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; (D) 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 for the purposes of this
subparagraph, the word "refuse" includes all nonputrescible
wastes; (E) 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,
nonprofit, 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; (F) The acquisition, construction, equipping, improvement,
modification, or expansion of any property, real or personal,
for use by an enterprise; and (G) 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. |