Georgia Code
Part 1 - General Provisions
§ 12-8-39. [Effective Until 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 until July 1, 2022. For version effective July 1, 2022, see the following version.
The 2019 amendment, effective June 30, 2019, in paragraph (e)(1), substituted “Effective until June 30, 2020, owners” for “Owners” at the beginning of the first sentence, added the second sentence, and substituted “the surcharges listed above” for “such surcharges of 75¢” near the end of the last sentence; in subsection (g), substituted “surcharges” for “surcharge” near the middle, substituted “are reimposed” for “is reimposed” in the middle, and substituted “July 1, 2022” for “July 1, 2019” at the end.
The 2020 amendment, effective June 29, 2020, substituted “subparagraph (B)” for “subparagraphs (B) and (C)” in the second sentence of subparagraph (d)(1)(A); deleted former subparagraph (d)(1)(B), which read: “When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent until June 30, 2025, and a surcharge of $2.00 per ton or volume equivalent effective July 1, 2025, for fly ash, bottom ash, boiler slag, or flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.”; redesignated former subparagraph (d)(1)(C) as present subparagraph (d)(1)(B); and added subparagraph (d)(1)(C); substituted “20 percent” for “50 percent” in subparagraph (d)(2)A); in paragraph (e)(1), substituted “Owners” for “Effective until June 30, 2020, owners” at the beginning, deleted the former second sentence, which read: “Effective from July 1, 2020, until June 30, 2022, owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 51¢ per ton of solid waste disposed.”, substituted “surcharge” for “surcharges” in the present second sentence, and substituted “toward the surcharge” for “towards the surcharges” in the last sentence; and, in subsection (g), substituted “surcharge” for “surcharges”, substituted “is reimposed” for “are reimposed”, substituted “June 30, 2025” for “July 1, 2022”, and added the last sentence.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1990, “March 30, 1990” was substituted for “the effective date of this part” in subsection (b).
Law reviews.
For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 59 (2002).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 165 (2011).
For article, “Conservation and Natural Resources: Waste Management,” see 28 Ga. St. U.L. Rev. 165 (2011).

Structure Georgia Code