Several new public facilities authorities were created during the 2021 Legislative Session. Public Facility Authorities are created by local law rather than by a general enabling act (such as the Development Authorities Act), suggesting that local communities are eyeing new capital projects.  Public facilities authorities provide local governments with additional ways to finance public projects.  As with any new authority, there are several practical actions a local government and a Public Facilities Authority should take in order to be well positioned to quickly finance a new project:

  • The local government should appoint members to the authority in accordance with the local law creating the Authority.

  • The local government should add the Authority to its insurance policies.

  • The local government should notify its auditors of the creation of the Authority so that the Authority is included in the local government’s audited financial statements.

  • A seal should be ordered for the Authority and an organizational meeting should be scheduled for the Authority.

  • At the organizational meeting, the Authority should: (a) elect officers of the Authority (in particular, the Chairperson and Secretary), in accordance with the local law creating the Authority, (b) approve the seal and (c) adopt by-laws.

  • The Authority should register with the Department of Community Affairs (“DCA”).

  • The Authority should order a taxpayer identification number.

Under the Local Government Authorities Registration Act (O.C.G.A. 36-80-16), a new Authority must be registered with the DCA before it incurs any debt or credit obligations.  Further, the Annual Authority Registration and Financials, or AARF filing, is due annually to the DCA within six months of the end of the Authority’s fiscal year. The filing can be made on-line and DCA is very helpful addressing any questions.