Georgia Code
Part 1 - General Provisions
§ 50-23-5. Purpose, Powers, and Duties

(23.1) To exercise such powers and perform such functions as provided for the authority under Chapter 6A of Title 12, including but not limited to the making of grants and loans as provided therein, for purposes of land conservation projects as defined in said chapter; and to provide advisory, technical, consultative, training, educational, and assistance services and enter into agreements for the same for purposes of such land conservation projects;
(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;
(30.1) To exercise any powers necessary or convenient to conduct the activities and perform the acts that are contemplated for the authority by Chapter 22 of Title 36;
(30.2) To fund, or partially fund, the Georgia Land Conservation Revolving Loan Fund established by Chapter 22 of Title 36;
(31.1) To fund, or partially fund, the Georgia Reservoir Fund established by Code Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for the purposes of said Code section, and any repayment of such proceeds after their expenditure, may be deposited in such fund;
(31.2) For the purpose of supplementing and extending the ability of the authority to expedite and accommodate the construction of projects, to enter into arrangements, consistent with existing bond indenture and other obligations of the authority, whereby the authority agrees to enter into one or more notes with a financial institution or other lender, the proceeds of which shall be payable to the authority and which constitute an obligation of the authority, together with a companion note or notes on substantially the same terms payable from the authority to a local government, with such companion notes, and the obligation of repayment thereon, pledged as security for the repayment of such notes, on such terms as may be agreeable to the parties thereto;
History. Code 1981, § 50-23-5 , enacted by Ga. L. 1986, p. 569, § 1; Ga. L. 1991, p. 94, § 50; Ga. L. 1992, p. 6, § 50; Ga. L. 1992, p. 2316, § 1; Ga. L. 1994, p. 555, § 2; Ga. L. 1994, p. 1108, § 6; Ga. L. 2000, p. 458, § 3; Ga. L. 2001, p. 1225, § 3; Ga. L. 2003, p. 359, § 2; Ga. L. 2004, p. 319, § 4; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2006, p. 267, § 2/HB 1319; Ga. L. 2008, p. 90, § 3-2/HB 1176; Ga. L. 2008, p. 644, § 2-3/SB 342; Ga. L. 2010, p. 949, §§ 1, 1A, 2/HB 244; Ga. L. 2020, p. 566, § 2/HB 901.
The 2020 amendment, effective August 3, 2020, in subsection (b), deleted “and” at the end of paragraph (b)(32), substituted “; and” for the period at the end of paragraph (b)(33), and added paragraph (b)(34).
Code Commission notes.
Pursuant to Code Section 28-9-5, subsection (e) of this Code section, as enacted by Ga. L. 1986, p. 569, § 1, was redesignated as subsection (c), inasmuch as the Code section as enacted contained no subsection (c) or (d).
Pursuant to Code Section 28-9-5, in 1986, a comma was deleted following “qualifications” in paragraph (b)(5).
Pursuant to Code Section 28-9-5, in 1990, a semicolon was substituted for the period at the end of paragraph (b)(24).
U.S. Code.
The Bank Holding Company Act of 1956, referred to in subparagraph (b)(11)(F), is codified at 12 U.S.C. § 1841 et seq.
The federal Water Pollution Control Act, as amended, and the federal Clean Water Act of 1977, as amended, referred to in paragraph (b)(30) of this Code section, are codified at 33 U.S.C. § 1251 et seq.
The federal Safe Drinking Water Act, referred to in paragraph (b)(30) of this Code section, is codified at 42 U.S.C. § 300 f et seq.
Administrative rules and regulations.
Regional solid waste management incentive grant program, Official Compilation of the Rules and Regulations of the State of Georgia, Grant Program Description for Georgia Environmental Facilities Authority, Chapter 267-1.
Recycling and waste reduction grant program, Official Compilation of the Rules and Regulations of the State of Georgia, Grant Program Description for Georgia Environmental Facilities Authority, Chapter 267-2.
Drinking water state revolving loan program for disadvantaged communities, Official Compilation of the Rules and Regulations of the State of Georgia, Grant Program Description for Georgia Environmental Facilities Authority, Chapter 267-13.
Empowerment zone, enterprise community loan grant program, Official Compilation of the Rules and Regulations of the State of Georgia, Grant Program Description for Georgia Environmental Facilities Authority, Chapter 267-9.
Law reviews.
For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 29 (2000).