§ 2-2-112. Definitions.

Unless clearly indicated otherwise by the context, the following words when used in this act [article], for the purpose of this act [article], shall have the meanings respectively ascribed to them in this section.

(a)

The word "authority" means the Henry County Development Authority, created hereby, and by an amendment to the Constitution of the State of Georgia (Ga. L. 1966, p. 853).

(b)

The word "project" shall include:

(1)

Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt-line railroad, railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project.

(2)

The acquisition, construction, leasing or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the area of operation of the authority.

(3)

The acquisition, construction, improvement or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the area of operation of the authority.

(4)

The acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, state or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same are to serve and are necessary for the public welfare. For the purposes hereof, the term "air pollution control facility" shall mean any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state or local standards for abatement or control of atmospheric pollutants or contaminants. For the purpose hereof, the term "water pollution control facility" shall mean any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power or other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in the furtherance of applicable federal, state or local standards for the abatement or control of water pollution or contamination.

(5)

The acquisition, construction, improvement or modification of any property, real or personal, used as, or in connection with, a sewage disposal facility or a solid waste disposal facility which any federal, state or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same are to serve and are necessary for the public welfare. If such facility is to be operated by a political subdivision of this state, or agency or instrumentality thereof, for its general constituency, said certification need only state that such facility is necessary for the public welfare. For the purposes hereof, the term "sewage disposal facility" shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of sewage. For the purposes hereof, the term "solid waste disposal facility" shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of solid waste; and the term "solid waste" shall mean garbage, refuse or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows; the word "garbage" shall include putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human wastes; and the word "refuse" shall include all nonputrescible wastes.

(6)

The acquisition, construction, improvement or modification of any property, real or personal or both, used as a peak shave facility. "Peak shave facility" shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. Any project involving a 'peak shave facility' may be undertaken as otherwise provided in this act [article].

(7)

The acquisition, construction, improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with:

(A)

convention or trade show facilities;

(B)

airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing;

(C)

facilities for the local furnishing of electric energy or gas;

(D)

facilities for the furnishing of water, if available on reasonable demand to members of the general public; and

(E)

facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connection with and adjacent to convention or trade show facilities acquired, constructed, improved or modified pursuant to subparagraph (A) above.

(8)

The acquisition or development of land as the site for an industrial park. For purposes of the preceding sentence, the term "development of land" includes the provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings.

(9)

The acquisition, construction, leasing, or financing of (i) an office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia and which will be adjacent to or used in conjunction with any other existing or proposed project now or hereafter defined in this subsection (b) (which existing or proposed project shall be located within the area of operation of the authority and which is used or intended to be used by such business enterprise), or (ii) a separate office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia. No such office building facility as herein defined shall be undertaken by the authority unless the authority shall have determined that the business enterprise to use such facility will be the primary tenant.

(c)

The term "cost of project" shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purpose of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the authority, which loans are hereby authorized if made payable solely from the proceeds of such authority's bonds or notes or revenues to be received in connection with the leasing, sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this act [article].

(Ga. Laws 1967, P. 2291, Act No. 108, § 2; Ga. Laws 1980, P. 3087, Act No. 728, § 1)