TITLE 50 STATE GOVERNMENT

Section 23. Environmental Finance Authority, 50-23-1 through 50-23-35.

ARTICLE 1 ENVIRONMENTAL FINANCE AUTHORITY

50-23-6. Loans to local governments; repayment.

1. Reserved.
2. The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority.
3. The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following:
   1. As appropriate and permitted by law, establish and collect taxes, rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
      1. Costs of operation, maintenance, replacement, renewal, and repairs; and
      2. Outstanding indebtedness incurred for the purposes of such project, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
   2. Create and maintain a special fund or funds as additional security for the payment of the principal revenue bonds and the interest thereon and any other amounts becoming due under any agreement entered into in connection with such bonds and for the deposit of such revenues as shall be sufficient to make such payment as the same shall become due and payable;
   3. Create and maintain such other special funds as may be required by the authority; and
   4. Such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment.
4. All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and make and carry out such contracts with the authority as may be contemplated by this article.
5. In connection with the making of any loan authorized by this article, the authority may fix and collect such fees and charges, including but not limited to reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.
6. A mutual undertaking by a local government to borrow and an undertaking by the authority to lend funds from and to each other for projects shall be a provision for services and an activity within the meaning of Article IX, Section III, Paragraph I(a) of the Constitution.

(Code 1981, §50-23-6, enacted by Ga. L. 1986, p. 569, § 1; Ga. L. 1989, p. 1289, § 4; Ga. L. 1994, p. 1108, § 6; Ga. L. 2006, p. 267, § 3/HB 1319; Ga. L. 2008, p. 90, § 3-3/HB 1176.)