PocketLaw | Georgia Code | Through 50-7-125

Through 50-7-125

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Reserved. Repealed by Ga. L. 2018, p. 349, § 2/SB 395, effective July 1, 2018.

Editor's notes.

- This article consisted of Code Sections 50-7-120 through 50-7-125, relating to defense community economic development fund, and was based on Ga. L. 2017, p. 432, § 2/HB 470.

Ga. L. 2018, p. 1112, § 54(e)/SB 365, part of an Act to revise, modernize, and correct the Code, effective May 8, 2018, not codified by the General Assembly, provides: "In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2018 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to Code Section 50-7-122 by Ga. L. 2018, p. 1112, § 50(2)/SB 365, was not given effect.

CHAPTER 8 DEPARTMENT OF COMMUNITY AFFAIRS Article 1 General Provisions.

50-8-1. Creation and continuation of department.
50-8-2. Definitions.
50-8-3. Purpose of article; duties of department.
50-8-3.1. Power and duty of department.
50-8-4. Board of Community Affairs.
50-8-5. Commissioner; powers.
50-8-6. Divisions, sections, and offices of department.
50-8-7. Planning and technical assistance activities; gathering and distribution of information and studies.
50-8-7.1. General powers and duties.
50-8-7.2. Ratification of department standards and procedures by General Assembly.
50-8-7.3. Solid waste management education program; establishment of Georgia Clean and Beautiful Advisory Committee and Interagency Council on Solid Waste Management.
50-8-8. (See Editor's notes.) Grants, loans, and other disbursements of funds; state community development program.
50-8-9. Contracts with public and private entities or individuals.
50-8-10. Coordination of policies, programs, and actions of governments; research center on intergovernmental relations; leadership and community development programs.
50-8-11. Power to take action for furtherance of purposes of department; disposition of revenues.
50-8-12. No limitations by article on county or municipal zoning power.
50-8-13. Authorities and agencies assigned to department.
50-8-14. Exemption from "Georgia Administrative Procedure Act."
50-8-15. Rights of state employees transferred from State Building Administrative Board; validity of board's legal contracts.
50-8-16. Rights of state employees transferred from Bureau of Community Affairs; validity of bureau's legal contracts.
50-8-17. Employees serve in classified and unclassified service.
50-8-18. Energy efficient construction of major state-funded facility projects; short title; legislative findings; "major facility project" defined.

Article 2 Regional Commissions. Part 1 LEGISLATIVE FINDINGS.

50-8-30. Legislative findings and intent; construction of article.
50-8-31. Definitions.
50-8-32. Creation of regional commissions.
50-8-33. Municipal and county membership; annual dues; distribution of state funds.
50-8-34. Councils of regional commissions; membership; terms of membership; voting; officers; powers.
50-8-34.1. Executive director of commission; performance standards and annual performance review.
50-8-35. General powers.
50-8-36. Review, comment, and recommendation regarding local plans; public meetings and hearings.
50-8-37. Review by commission of applications submitted to United States or state or agency thereof.
50-8-38. Accounting of funds by commission; disclosure; access to documents.
50-8-39. Appointment of receiver of assets for protection of creditors upon center's ceasing of operations.
50-8-40. Notice of intent to designate area-wide or multicounty agency.
50-8-41. Regional development centers succeeded by regional commissions.
50-8-42. Remaining powers of metropolitan area planning and development commissions.
50-8-43. Appropriation or loan of funds, facilities, supplies, and equipment by local government entities.
50-8-44. Exemption from taxes.
50-8-45. Authorized purchases by Department of Administrative Services; commissioner of administrative services to prescribe regulations and standards.
50-8-46. No limits by article on county or municipal zoning power.
50-8-47. Transfer of outstanding assets, liabilities, contracts, staff, records, or debts.

Part 2 COMMISSION ON REGIONAL PLANNING.

50-8-50. Creation; role; application.
50-8-51. Establishment of board of directors; membership.
50-8-52. Executive directors of commissions acting as advisers.

Article 3 Conflicts of Interest in Contract Administration.

50-8-60. Definitions.
50-8-61. Prohibited employment of employee of commission or nonprofit corporation; penalties.
50-8-62. Employee's business transactions with commission or nonprofit corporation prohibited; penalties.
50-8-63. Disclosure of employee's business transactions with local government; exempt transactions; disclosure of loan transactions by member of board or advisory committee; penalties.
50-8-64. Competitive bidding requirement.
50-8-65. Annual report to Board of Community Affairs.
50-8-66. Civil fine for violations.
50-8-67. Influence of election of council members prohibited; executive directors of regional commissions prohibited from participation in partisan political activities; adoption of disciplinary measures.

Article 4 Metropolitan Area Planning and Development Commissions.

50-8-80. Definitions.
50-8-81. Legislative intent.
50-8-82. Creation of metropolitan area planning and development commission; first meeting.
50-8-83. Powers, duties, and obligations of regional commission.
50-8-84. Composition of membership of commission; redistricting of areas removed from jurisdiction of existing commission.
50-8-85. Terms of office; removal from office; filling of vacancies.
50-8-86. Quorum; votes equally weighted.
50-8-87. Chairman; election; powers and duties; salary and expense allowances; removal.
50-8-88. Election of officers; compensation of officers and members.
50-8-89. Executive director; selection and appointment.
50-8-90. Terms of employment of officers, employees, and agents; power to contract with private individuals; officers and employees to be public employees.
50-8-91. Establishment of advisory committees; appointment of members; compensation.
50-8-92. Development guides; contents.
50-8-93. Review of area plans; designation as official planning agency; responsibility to carry out assigned or delegated planning functions for an area.
50-8-94. Submission by municipality and county of area plan; comment and recommendation; public hearing upon request for reconsideration of recommendation.
50-8-95. Submission by public entity of area plan; review; public hearing upon request for reconsideration of recommendation.
50-8-96. Commission to review all applications of governmental entities for state or federal loan or grant; procedure.
50-8-97. Commission to engage in continuous program of research, study, and planning of matters affecting its area.
50-8-98. Determination of whether plan is area plan under Code Section 50-8-80; procedure; authorization to adopt bylaws, rules, and regulations.
50-8-99. Authorization to accept gifts, loans, and grants from governments and agencies.
50-8-99.1. Commission authorized to be contracting agent for certain local governments.
50-8-100. Annual report to General Assembly and to each political subdivision and supporting agency; contents.
50-8-101. Books of account; annual population estimates; operating funds; annual program and budget.
50-8-102. Submission of negative or unfavorable recommendation based upon stale data.
50-8-103. Determination of effective dates of certain Code sections by resolution of commission or by operation of law.

Article 5 Rural Economic Development.

50-8-120. Short title.
50-8-121. Rural economic development areas.
50-8-122. Studies for proposed projects.
50-8-123. Recommendation, approval, funding, and implementation of projects.

Article 6 Office of Rural Development; State Advisory Committee on Rural Development. Part 1 OFFICE OF RURAL DEVELOPMENT.

50-8-140. Legislative intent; creation of office.
50-8-141. Duties and responsibilities.
50-8-142. Employees.

Part 2 RURAL DEVELOPMENT COUNCIL.

50-8-150. Creation of council; members; terms; officers; regular meetings; expenses; bylaws [Repealed].

Article 7 Grants Promoting E-85 Gasoline.

50-8-170. Definitions; facilitating E-85 projects; implementation of grant program.

Article 8 Regional Economic Assistance Projects.

50-8-190. Definitions.
50-8-191. Application for REAP designation; minimum criteria; reciprocal use agreements with adjacent facilities.
50-8-192. Certification of compliance; notices of noncompliance.
50-8-193. State agencies encouraged to give certified projects priority in licensing and processing grants and loans.
50-8-194. Annual report by project developer.
50-8-195. Promulgation of rules and regulations.

Article 9 Rural Facilities Economic Development.

50-8-210. Short title.
50-8-211. Legislative findings.
50-8-212. Definitions.
50-8-213. Designation and ranking of less developed counties.
50-8-214. Membership of facilities development committee.
50-8-215. Policies and procedures for facilities development committee.
50-8-216. Preparation of comprehensive local plan for less developed county.
50-8-217. Conflicts arising in preparation and submission of local plan.
50-8-218. Submission of local plan required; applications for grants.
50-8-219. Review of local plan by commissioner.
50-8-220. Matching grants for implementation of local plan.
50-8-221. Oversight of local plan by facilities development committee.
50-8-222. Distribution of appropriated funds; ratio of matching funds; submission of consolidated report and accounting.

Article 10 Martin Luther King, Jr., Advisory Council.

50-8-240. Creation; members; vacancies; quorum.
50-8-241. Duties.
50-8-242. Authority to establish not for profit corporation and appoint members.

Article 11 Downtown Renaissance Fund.

50-8-260. Definitions.
50-8-261. Short title; establishment; director; application for assistance; fees; rules and regulations.

Article 12 Metropolitan Transportation Planning Process for Atlanta Urbanized Area and Atlanta Air Quality Region.

50-8-280. Metropolitan Transportation Planning Process established; determination of regional air quality planning area; participating governmental units; funding; policy boards; conflict of laws.

Article 13 Georgia Geospatial Advisory Council.

50-8-300. Definitions.
50-8-301. Creation; coordination; meetings; role; regulations.

Cross references.

- Community planning and development functions of Office of Planning and Budget, § 45-12-170 et seq.

Administrative Rules and Regulations.

- Georgia Department of Community Affairs, Official Compilation of the Rules and Regulations of the State of Georgia, T. 110.

Law reviews.

- For article, "State Government: Department of Community Affairs," see 28 Ga. St. U.L. Rev. 305 (2011).

ARTICLE 1 GENERAL PROVISIONS

Editor's notes.

- Ga. L. 1988, p. 38, § 1, effective February 24, 1988, repealed the Code sections formerly codified as this article and enacted the current article. The former article consisted of Code Sections 50-8-1 through 50-8-12 and was based on Ga. L. 1957, p. 446; Ga. L. 1967, p. 252; Ga. L. 1970, p. 321; Ga. L. 1976, p. 648; Ga. L. 1976, p. 658; Ga. L. 1977, p. 381; Ga. L. 1978, p. 1542; Ga. L. 1978, 1592; Ga. L. 1979, p. 1063; Ga. L. 1980, p. 1316; Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act) and Ga. L. 1982, p. 3; Ga. L. 1982, p. 2310; Ga. L. 1983, p. 3; Ga. L. 1984, p. 378; Ga. L. 1984, p. 1177; Ga. L. 1985, p. 149; and Ga. L. 1987, p. 345.

Law reviews.

- For article, "Georgia Wetlands: Values, Trends, and Legal Status," see 41 Mercer L. Rev. 791 (1990).

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