Georgia Code
Part 1 - General Provisions
§ 12-8-39. [Effective July 1, 2022] Cost Reimbursement Fees; Surcharges; Exempt Contracts; Reporting

History. Code 1981, § 12-8-39 , enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 2234, § 4; Ga. L. 1992, p. 3276, §§ 15, 16; Ga. L. 2002, p. 927, § 1; Ga. L. 2011, p. 283, § 2/HB 274; Ga. L. 2012, p. 775, § 12/HB 942; Ga. L. 2013, p. 856, § 1/HB 276; Ga. L. 2018, p. 228, § 1/HB 792; Ga. L. 2019, p. 261, § 1/HB 220; Ga. L. 2020, p. 25, § 2/SB 123; Ga. L. 2021, p. 761, § 4/HB 511.
Delayed effective date.
Code Section 12-8-39 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022, see the preceding version.
The 2021 amendment, effective July 1, 2022, redesignated former paragraph (e)(1) as present subsection (e); deleted former paragraph (e)(2), which read: “The surcharge amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2.”; substituted “Reserved” for the former provisions of subsection (f), which read: “All surcharges required by subsection (e) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal balance of the hazardous waste trust fund equals or exceeds $25 million, at which time the division shall not collect any further such surcharges until the unencumbered balance in such fund equals or is less than $12.5 million, at which time the division shall resume collection of such surcharges at the beginning of the next calendar year following the year in which such event occurs. The director shall provide written notice to all permitted solid waste disposal facilities at the time he receives notice that the unencumbered balance of such trust fund equals or exceeds $25 million or equals or is less than $12.5 million.”; and, in subsection (g), substituted “June 30, 2032” for “June 30, 2025” in the first sentence, and substituted “Hazardous Waste Trust Fund” for “hazardous waste trust fund” at the end of the second sentence.
Editor’s notes.
Ga. L. 2021, p. 761, § 23/HB511, not codified by the General Assembly, provides: “In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds’ majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year’s state revenues subject to appropriations.

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