§ 50-39-2. Definitions

As used in this chapter, the term:

1. “Authority” means the Atlanta-region Transit Link “ATL” Authority.
2. “Bond” includes any revenue bond, bond, note, or other obligation.
3. “Clean Air Act” means the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 through 7671q.
4. “Cost of project” or “cost of any project” means:
   1. All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project, facility, or undertaking of the authority or any part thereof;
   2. All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project, facility, or undertaking of the authority or for any facilities related thereto, including but not limited to the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority;
   3. All financing charges, bond insurance or other credit enhancement fee, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project, facility, or undertaking of the authority and during such additional period as the authority may reasonably determine to be necessary to place such project, facility, or undertaking of the authority in operation;
   4. All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority or the issuance of any bonds, notes, or other obligations for such project, facility, or undertaking;
   5. All expenses for inspection of any project, facility, or undertaking of the authority;
   6. All fees of fiscal agents, paying agents, and trustees for bond owners under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, bond registrar, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, facility, or undertaking of the authority, including bond insurance or credit enhancement fee;
   7. All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority;
   8. All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority;
   9. All costs of plans and specifications for any project, facility, or undertaking of the authority;
   10. All costs of title insurance and examinations of title with respect to any project, facility, or undertaking of the authority;
   11. Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
   12. Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and
   13. The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.

       Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter.

5. “County” means any county created under the Constitution or laws of this state.
6. “Facility” shall have the same meaning as “project.”
7. “Local government” or “local governing authority” means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.
8. “May” means permission and not command.
9. “Metropolitan planning organization” means the forum for cooperative transportation decision making for a metropolitan planning area.
10. “Metropolitan transportation plan” means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area.
11. “Municipal corporation” or “municipality” means any city or town in this state.
12. “Obligation” means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which is authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
13. “Office of profit or trust under the state” means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments.
14. “Project” means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services to meet transit needs and environmental standards and to aid in the accomplishment of the purposes of the authority.
15. “Regional transit plan” means the official multiyear plan adopted by the authority for the provision of transit services throughout the jurisdiction of the authority pursuant to Code Section 50-39-12.
16. “Revenue bond” includes any bond, note, or other obligation payable from revenues derived from any project, facility, or undertaking of the authority.
17. “State implementation plan” means the portion or portions of an applicable implementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act.
18. “Transit” means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a state agency or authority, a local government, a community improvement district, or any other similar entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services; school bus services; courtesy shuttle and intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are defined in Chapter 1 of Title 40 and which are not paid for by a public entity.
19. “Transportation improvement program” means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan.
20. “Undertaking” shall have the same meaning as the term “project.”

History. Code 1981, § 50-39-2 , enacted by Ga. L. 2018, p. 377, § 2-1/HB 930; Ga. L. 2019, p. 1056, § 50/SB 52; Ga. L. 2020, p. 493, § 50/SB 429; Ga. L. 2020, p. 685, § 1/HB 511.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in the last sentence of paragraph (18), substituted “intrafacility” for “intra-facility” and inserted “and” preceding “ride share”.

The 2020 amendments.

The first 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “Sections 7401 through 7671q” for “Sections 7401 to 7671q” in paragraph (3). The second 2020 amendment, effective January 1, 2021, rewrote paragraph (18), which read: “ ‘Transit’ means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intrafacility or terminal services, limousine carriers, and ride share network services, transportation referral services, and taxi services not paid for by a public entity.”