During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted legislation that impacts annexation. The following is a summary of those statutory amendments which became effective on July 1, 2022: Act 778; HB 1385 This Act revises annexation reporting requirements to require the provision of reports to the Legislative and Congressional
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General Assembly of Georgia Legislative Changes Impacting Public Works Contracts – 2022
During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted legislation that impacts public works contracts. Ultimately, these revisions to O.C.G.A. §§ 13-10-80 & 81 appear most favorable to contractors and subcontractors since the legislature reduced retainage during the contract term and simplified the procedures for use and payment of retainage…
General Assembly of Georgia Legislative Changes Impacting Elections – 2022
Special Elections Act 310 (H.B. 907) provides that in even-numbered years a special election to present a question to the voters may be held on the third Tuesday in March provided that the special election occurs prior to July 1, 2024 and presents a question to the voters on sales and use taxes for transportation…
General Assembly of Georgia Legislative Changes Impacting Development Authorities – 2022
During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted several pieces of legislation that impact development authorities in our state. The following is a summary: Per Diem Cap Act 751 adds a maximum per diem payable to directors of development authorities enacted under Ga. Code Ann. § 36-62-1, et seq., equal…
General Assembly of Georgia Legislative Changes Impacting Charter Schools – 2022
Act 769 (H.B. 1215) revised multiple aspects of the Charter Schools Act of 1998, as follows: The definition of “Charter school” was revised to better distinguish charter schools from a “Charter system” and other types of schools – this definition also better aligns with the federal definition of a public charter school. A new definition…
A Selective Summary of General Assembly of Georgia Legislative Changes Impacting Revenue and Taxation 2022
Sales Tax Exemption for Certain Purchases of Computer Equipment Act 842 (H.B. 1291) extends the sunset of the exemption for purchases of qualified computer equipment within O.C.G.A. § 48-8-3(68). Beginning in 2024, qualifying purchases (required to meet the $15 million threshold) will include only taxable purchases and leases, specifically excluding prewritten computer software (electronically delivered…
Qualified Private Activity Bonds and the Bipartisan Infrastructure Framework
Deemed to be a “once-in-a-generation investment in our infrastructure,”[1] the Infrastructure Investment and Jobs Act (H.R. 3684) is expected to be signed into law by President Biden in the coming days, ending a nearly three month wait since the legislation was advanced by bipartisan effort of the U.S. Senate. Commonly referred to as the…
CDFI Fund Opens the CY2021 Round of New Markets Tax Credits
On November 4, 2021, the U.S. Department of the Treasury’s Community Development Financial Institutions (CDFI) Fund (CDFI Fund) released the Notice of Allocation Availability for the calendar year (CY) 2021 round of the New Markets Tax Credits (NMTC) Program; thus, the CDFI Fund is now accepting applications for the CY 2021 NMTC round. Pursuant to…
Failure to Update Budget Projections in Bond Offering Prompts the SEC to Charge the School District and the CFO with Misleading Investors
On September 16, 2021, the Securities and Exchange Commission (the “SEC”) charged Sweetwater Union High School District, a San Diego County School District (the “District”) and its former Chief Financial Officer (the “CFO”), with misleading investors who purchased $28 million of the District’s general obligation bonds. Without admitting or denying the findings in the SEC’s…
Twin to Win Part II – Project Example
In Part I, we gave you a high-level overview of how New Markets Tax Credits (“NMTC”) and Historic Rehabilitation Tax Credits (“HTC”) can be combined to generate significant private capital for qualified historic projects located within low-income communities. Now, let’s take a look at a real-life success story of a project that utilized both…