O.C.G.A. § 50-8-170 (2019)
Definitions; facilitating E-85 projects; implementation of grant program
(a) As used in this Code section, the term:
(1) “Board” means the Board of Community Affairs.
(2) “Department” means the Department of Community Affairs.
(3) “E-85 gasoline” means a blend of ethanol and gasoline that by volume consists of not less than 70 percent nor more than 85 percent ethanol which meets the American Society of Testing and Materials (ASTM) D5798-99 Standard Specification for Fuel Ethanol for Automotive Spark-Ignition Engines.
(4) “E-85 project” means installing, replacing, or converting motor fuel storage and dispensing equipment at sites where motor fuel is stored and dispensed for retail sale such that the installed, replacement, or converted equipment shall be used exclusively for storing and dispensing E-85 gasoline for retail sale for a period of not less than five consecutive years.
(5) “Gasoline” has the meaning provided by Code Section 48-9-2.
(6) “Motor fuel” has the meaning provided by Code Section 48-9-2.
(7) “Motor fuel storage and dispensing equipment” means tanks, pumps, dispensers, pipes, hoses, tubes, lines, fittings, valves, filters, seals, covers, and other associated equipment used in storing and dispensing motor fuel for retail sale.
(8) “Retail sale” means the sale for consumption, and not for resale, at a retail outlet serving the motoring public.
(b) The General Assembly finds and declares that facilitating E-85 projects through a program established by the department would return a substantial benefit to the state by promoting investment of private capital to provide improved air quality in this state through reduction of combustion of gasoline in motor vehicles; aid compliance with federal air quality standards; promote the use of alternative domestic fuels that reduce dependence on foreign petroleum supplies; and enable increased availability of motor fuels crucial to the state’s economy, welfare, and public safety, which may be especially critical in times of natural disaster or international crisis.
(c) The department shall establish a grant program to fund the costs of E-85 projects, subject to availability of funds. The department shall enter into an intergovernmental contract with the Georgia Environmental Finance Authority for purposes of developing, implementing, and administering such program and disbursing any grant moneys thereunder, and the authority is authorized to and shall develop, implement, and administer such program and disburse any grant moneys subject to the following minimum criteria:
(1) Each grant applicant shall submit a project plan that shall be subject to approval by the Georgia Environmental Finance Authority;
(2) A grant for any approved project shall not exceed $20,000.00 or 33 ࡩ percent of the planned cost of the project, whichever is less, and the applicant shall be required to pay the remainder of the project cost. This paragraph shall not prohibit the applicant from using grants or loans from federal government or private sources to pay for such remainder of the project cost;
(3) Construction for any approved project shall begin not later than six months after the date of the grant;
(4) Any approved project shall be completed not later than one year after the date of the grant;
(5) A project shall be used for the purposes and period required for such project as specified in paragraph (4) of subsection (a) of this Code section; and
(6) Grant money for a project shall be refunded to the state with interest at the legal rate not later than two years after any failure to meet the requirements of paragraph (3), (4), or (5) of this subsection.
(d) The Georgia Environmental Finance Authority shall adopt such rules and regulations as are reasonable and necessary to implement and administer the grant program established under this Code section.
(e) No grants shall be made under this Code section on or after July 1, 2009.
History
Code 1981, § 50-8-170, enacted by Ga.
L. 2007, p. 644, § 1/SB 157; Ga. L. 2010, p. 949, § 1/HB 244.
ARTICLE 8 REGIONAL ECONOMIC ASSISTANCE PROJECTS
Annotations
Code Commission notes. Three 1988 Acts added new articles to this chapter. Pursuant to Code Section 28-9-5 and the standard numbering system for the O.C.G.A., the Article 6 enacted by Ga. L. 1988, p. 291 has retained the Article 6 designation but the Code sections originally designated as Code Sections 50-8-130 through 50-8-140 have been redesignated as Code Sections 50-8140 through 50-8-150. Article 6 as enacted by Ga. L. 1988, p. 1829 has been redesignated as Article 7 and the Code sections have been redesignated accordingly. Article 6 as enacted by Ga. L. 1988, p. 1913 has been redesignated as Article 8 and the Code sections have been redesignated accordingly. Editor’s notes. The former article consisted of Code Sections 50-8-190 through 50-8-194 and was based on Code 1981, §§ 50-8-190 through 50-8-194, enacted by Ga. L. 1988, p. 1913, § 1; Ga. L. 1989, p. 1317, §§ 6.27, 6.28, and was repealed by Ga. L. 1988, p. 1913, § 1.
Ga. L. 1999, p. 1206, § 1, not codified by the General Assembly, provides: “The General Assembly finds that large scale projects with multiple uses offer a unique opportunity for local government, state government, and the private sector to cooperate in producing growth and development in rural areas resulting in additional local tax revenue and providing employment opportunities of high caliber in tourism and hospitality, industries which are environmentally friendly and promote increased recreational opportunities and an enhanced quality of life for all Georgians. The General Assembly further finds that successful cooperation can provide benefits to the state through the overall economic impact of the project, improved local land use management, and strategic infrastructure investment and benefits to the private sector developer through the predictability of certain types of licenses and services. The General Assembly further finds that the location of these projects in rural areas could substantially advance efforts to improve the economic well-being of rural Georgia.”
RESEARCH REFERENCES Am. Jur. 2d. 83 Am Jur. 2d, Zoning and Planning, § 104 et seq.