10 HB 244/SCSFA/1

SENATE SUBSTITUTE TO HB 244

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend the Official Code of Georgia Annotated so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, so as to authorize such authority to transfer excess funds to the state; to revise a power relating to nonprofit corporations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The Official Code of Georgia Annotated is amended by replacing the "Georgia Environmental Facilities Authority" with "Georgia Environmental Finance Authority" wherever such name appears in:
(1) Code Section 8-2-3, relating to requirements for toilets, shower heads, and faucets;
(2) Code Section 8-2-23, relating to the amendment and revision of state building, plumbing, and electrical codes generally;
(3) Code Section 12-5-38.1, relating to administration of funds in water pollution control and drinking water revolving funds;
(4) Code Section 12-5-471, relating to definitions relative to water supply;
(5) Code Section 12-5-524, relating to the creation of the Water Council and the obligations of the council;
(6) Code Section 12-5-542, relating to definitions relative to Flint River drought protection;
(7) Code Section 12-5-580, relating to coordinating committees and finance committees of the Metropolitan North Georgia Water Planning District;
(8) Code Section 12-6A-2, relating to definitions relative to land conservation;
(9) Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protection Division relative to solid waste management;
(10) Code Section 12-8-31, relating to the state solid waste management plan and reporting;
(11) Code Section 36–60-17.1, relating to use of water supplied by a public water system;
(12) Code Section 46-4A-2, relating to legislative findings and declaration of policy for energy conservation assistance to residential customers;
(13) Code Section 46-4A-12, relating to construction of rules, regulations, and order under the chapter;
(14) Code Section 46-4A-14, relating to civil penalties and removal of contractor, supplier, or lender from master record;
(15) Code Section 48-7-29.14, relating to income tax credit for clean energy property;
(16) Code Section 50-8-8, relating to grants, loans, and other disbursements of funds by the Department of Community Affairs and establishment of a state community development program;
(17) Code Section 50-8-13, relating to authorities and agencies assigned to the Department of Community Affairs;
(18) Code Section 50-8-170, relating to definitions relative to E-85 projects and implementation of a grant program to facilitate E-85 projects;
(19) Code Section 50-8-193, relating to priority in licensing and processing grants and loans to local governments for certified regional economic assistance programs;
(20) Code Section 50-10-5, relating to the powers and duties of the Georgia Development Authority;
(21) Code Section 50-17-27, relating to application and investment of public debt proceeds by the State Financing and Investment Commission and the authority;
(22) Code Section 50-23-1, relating to the short title of article;
(23) Code Section 50-23-2, relating to legislative intent and assumption of rights, duties, and assets of the Georgia Development Authority;
(24) Code Section 50-23-3, relating to the creation of the authority, members, quorum, travel and expenses, legal services, members' accountability, recordkeeping, and authority assigned for administrative purposes;
(25) Code Section 50-23-4, relating to definitions relative to the authority;
(26) Code Section 50-23-5, relating to the purpose, powers, and duties of the authority;
(27) Code Section 50-23-25, relating to the definition of the Water Supply Division;
(28) Code Section 50-23-26, relating to the creation of the Water Supply Division;
(29) Code Section 50-23-30, relating to the definition of the Division of Energy Resources;
(30) Code Section 50-23-31, relating to creation of the Division of Energy Resources;
(31) Code Section 50-23-32, relating to powers and duties of the Division of Energy Resources;
(32) Code Section 50-32-15, relating to the issuance of bonds; and
(33) Code Section 50-32-39, relating to limitation of indebtedness by or on behalf of the Georgia Regional Transportation Authority.

SECTION 1A.

Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, is amended by revising paragraph (23.2) of subsection (b) as follows:

"(23.2) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority including but not limited to accepting donations to be used to advance state-wide energy education and energy efficiency and conservation initiatives. Any such subsidiary corporation shall be a nonprofit corporation, a public body corporate and politic, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents.;"

SECTION 2.

Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, is amended by striking "and" at the end of paragraph (31.2) of subsection (b), by striking the period at the end of paragraph (32) of such subsection and inserting in lieu thereof "; and", and by adding a new paragraph to such subsection to read as follows:

"(33) To transfer to the state any funds of the authority determined by the authority to be in excess of those needed for its corporate purposes."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.